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HomeMy WebLinkAboutPB Minutes 1977-07-05 0 TOWN OF ITHACA PLANNING BOARD JULY 5 , 1977 A regular meeting of the Town of Ithaca Planning Board was held in the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , on Tuesday , July 5 , 1977 , at 7 : 30 p . m . PRESENT : Chairman Liese Bronfenbrenner , Henry Aron , Montgomery May , J . W . Reece , Jonathan Bradley , James Baker , Eva Hoffmann , Lawrence Fabbroni ( Town Engineer ) , Robert Bonnell ( Assistant to the Engineer ) . ALSO PRESENT : Attorney Laura Holmberg , George Ideman , Norbert Schickel , REPORT OF THE BUILDING INSPECTOR Mr . Fabbroni reported that he issued permits for two two - family homes , three one - family homes and eight accessory buildings for a total of $ 203 , 700 . 00 of improvements , as compared with six one - family homes and five accessory buildings in June of 1976 for a total of $ 274 , 725 . 00 . REPORT-. OF . THE TOWN ENGINEER Mr . Fabbroni stated that the only thing of major note really is that the Town has run into some complications on the sewer grant which are eleventh hour requirements of the Federal government . Mr . Fabbroni said that he is trying to satisfy them as far as information that they need and is still looking hopefully to the grant award in the very near future . REPORT ORT OF COUNTY PLANNING BOARD REPRESENTATIVE Mrs . Hoffmann stated that the Minutes of the June 8 , 1977 , County Planning Board Meeting as distributed to the members of the Town Planning Board by their secretary were sufficient to cover her report . REPORT OF PLANNING BOARD CHAIRMAN Mrs . Bronfenbrenner stated that the Committee on the By- Pass Roads has met and they are now trying to set up a meeting with the County Planning Board . CONSIDERATION OF SIGN APPROVAL FOR GRAYHAVEN ANTIQUES , 657 ELMIRA ROAD Mr . Fabbroni said that it would appear that Grayhaven is two separate businesses - - one being the Motel and the other being the antique business . He stated that the antique business is becoming more and more an every day type of business ; before it was more or less on weekends . Mr . Fabbroni stated that they are requesting a permit for a 7 sq . ft . sign . He pointed out that any one business is only allowed one free standing sign and that is why he mentioned the two separate businesses aspect of this request . The Motel sign is at the entrance to the Motel part of the property , the Antiques business is in the old house . 01. Mrs . Hoffmann commented that the two enterprises look like two businesses . Mrs . Bronfenbrenner asked if this sign comes within the requirements of the Sign Ordinance Mr . Fabbroni stated that it does and commented Planning Board - 2 - July 5 , 1977 that it is a very small sign . • MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . Henry Aron : RESOLVED , that the Planning Board of the Town of Ithaca state and hereby does state its approval of the sign for Grayhaven Antiques at 657 Elmira Road , as described on Sign Application dated June 6 , 1977 , and signed by Jewel Gray . By way of discussion , Mr . Bradley commented that he may be making a trite point , but they are only allowed one sign per business and he thought that perhaps the Board should check to see if it is two businesses . Such matters should be registered at the Court House , Mr . Aron pointed out Section 7 , par . 2 of the Sign Ordinance which allows a maximum of two free - standing signs if there are more than two businesses . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Aron , May , Reece , Baker . Nay - None . Abstain - Hoffmann , Bradley , The MOTION was declared to be carried unanimously , Robert ' s Rules of Order stating that abstentions carry no weight so long as a majority and /or quorum vote aye or nay . CONSIDERATION OF ADDITIONAL SIGN APPROVAL FOR COW BELL AT IDE ' S BOWLING AND BILLIARDS , JUDD FALLS ROAD Mr . Fabbroni stated - . that Ide ' s Bowling and Billiards has 240 ' of building frontage and that the total signage , including this present proposal , is 121 sq . ft . , and , therefore , his present request falls well within the requirements of the Sign Ordinance whereby he is allowed up to 240 sq . ft , of signage . Mr . May asked if this request is not similar to the Grayhaven request . Mr . Fabbroni stated that it is and it is not - - the sign is not free - standing , it is on the building , but it does refer to another enterprise . Mr . Ideman explained the reason for his request to add this sign . He stated that he has changed the entrance doors and put in a nice entrance and the proposed COW BELL sign _gives identity to the entrance to the bowling lanes and the restaurant . He noted that the proposed sign is 2 ' x 5 ' = 10 sq . ft . MOTION by Mr . Henry Aron , seconded by Mr . Jonathan Bradley : RESOLVED , that the Planning Board of the Town of Ithaca state and hereby does state its approval of the proposed sign , " Cow Bell " , to be added to the existing permitted signage at Ide ' s Bowling and Billiards , Judd Falls Road , as described on Sign Application dated June 7 , 1977 , and signed by Mr . George W . Ideman . There being no further discussion , the Chair called for a vote , Aye - Bronfenbrenner , Aron , May , Reece , Baker , Hoffmann , Bradley . Nay - None , Planning Board - 3 - July 5 , 1977 CONSIDERATION OF SIGN APPROVAL FOR EASTERN ARTIFICIAL INSEMINATION COOPERATIVE , JUDD FALLS ROAD Mr . Fabbroni presented the Application for Sign Permit dated June 21 , 1977 , signed by Mr . Bruce Bean , Production Manager of Eastern , and stated that the 32 sq . ft , sign is an existing sign for a legal non - conforming use in a residential zone . Mr . Fabbroni pointed out that he cannot approve , as Building Inspector , a sign in a residential zone more than two sq . ft . , and further , that any sign over 25 sq . ft , has to be referred to the Planning Board and the Town Board , Mr . Fabbroni noted that the sign has been there for at least 20 years . Mr . Fabbroni reiterated that E . A . I . Co -Op is a legal non- conforming use in the location on which it is and that the Zoning Board of Appeals has recently approved their pro - posed expansion . Mr . Reece stated that he objects to brightly lighted signs totally in general . He said that it is his opinion that this sign is unnecessarily illuminated and unnecessarily bright . He asked if this sign is in conformity with the Sign Ordinance . Mr . Fabbroni stated that the sign is not in conformity as to size . Mr . Reece said that he would recommend sign approval only on the contingency of there being no illumination internally . Mr . Bradley wondered if it would not be in order to recommend approval of the sign as it stands but require that if it is ever replaced it should be in conformity . • MOTION by Mr . Jonathan Bradley , seconded by Mr . Montgomery Maya RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board that the sign for Eastern Artificial Insemination Cooperative , Inc . , as described on Sign Application dated June 21 , 1977 , and signed by Bruce Bean , Production Manager , be granted a variance since it has been placed upon the site for at least fifteen years , however , should such sign be replaced or repaired , it is the Planning Board recommendation that it be brought into conformity with the Town of Ithaca Sign Ordinance , and BE IT FURTHER RECOMMENDED that the illumination of said sign be reduced . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Aron , May , Reece , Baker , Hoffmann , Bradley . Nay - None . The MOTION was declared to be carried unanimously . CONSIDERATION OF SIGN APPROVALS ( 2 ) FOR EASTWOOD COMMONS , WILDFLOWER DR . Mr . Fabbroni stated that Mr . Schickel ' s proposal is for one sign of 4 sq . ft . on Honness Lane three feet from Wildflower Drive curb to Is direct people to the apartment complex , and , for another sign of 32 sq . ft . placed on up Wildflower Drive 24 ' from Wildflower Drive curb to display development , construction and financial information . Planning Board - 4 - July 5 , 1977 Mr . Fabbroni noted that two and a half years ago ( January 21 , 1975 ) and again on February 3 , 1976 , the Planning Board noted that there is no note taken of multi - family residences , e . g . , Ellis Hollow Elderly Housing , Eastwood Commons , under the Sign Ordinance , and made recomendations to the Town Board in this connection . Mr . Schickel stated that approval of the sign about the financial information was given by the Planning Board or the Town Board }pack in 1975 , he thought , and at that time the proposal was for a much larger sign , about 216 " x 181 . He also thought that the development designation sign was approved by the Planning Board when the site plan was approved . MOTION by Mr . Henry Aron , seconded by Mr . Montgomery May : RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board that the entrance sign " Eastwood Commons " placed upon Honness Lane three feet from Wildflower Drive curb and which includes the development trademark ( a cornflower ) and/or the name of the development , be granted a variance to allow for a total of four square feet . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Aron , May , Reece , Baker , Hoffmann , Bradley . Nay - None . The MOTION was declared to be carried unanimously . In connection with the second sign application , Mrs . Hoffmann objected to the size - 32 sq . ft . - and the advertising for two banks . Mr . Fabbroni stated that because of the nature of this project , 153 units constructed in phases , this sign should have at least a ten year life . Mr . Schickel stated that he did not think that it is an unreasonable amount of sign for the project . Mr . Fabbroni noted that this sign faces the Office Building most directly . MOTION by Mr . Montgomery May , seconded by Mr . James Baker : RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board that the project sign for Eastwood Commons as described on Sign Application dated June 21 , 1977 , and signed by Mr . Norbert H . Schickel , Jr . , be granted a variance and approved as a temporary sign during the development of the project , said sign being 32 sq . ft . and presently existing . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Aron , May , Reece , Baker , Hoffmann , Bradley . Nay - None . The MOTION was declared to be carried unanimously . Planning Board - 5 - July 5 , 1977 ADDED AGENDA ITEM ( INFORMAL ) IN RE GEBAUER RENTAL PROPERTY AT 225 AND 229 CODDINGTON ROAD • Attorney Laura Holmberg wished to speak informally to the Board about two of the several occupancy and zoning violations that have been cited by the Building Inspector and which are , or will be , coming to the Zoning Board of Appeals . Mrs . Holmberg stated that she is representing Mr . Johann Gebauer who owns two dwelling structures at 225 and 229 Coddington Road and has appealed to the Zoning Board for special permit to rent to more than three unrelated persons . Mrs . Holmberg stated that the one property , 229 Coddington Road , is a legal non- conforming use , she believes , since they can trace the history and document same back to 1958 where it was a three - family use . Referring to the property at 225 Coddington Road , Mrs . Holmberg stated that that structure was built as a two -family unit then Mr . Gebauer put four bedrooms in the ground floor ( basement ) which is in violation of the Zoning Ordinance . She stated that they have been to the Zoning Board of Appeals on the question of approval for the use at 225 , but , she feels , it is probably going to be refused . The question of the approval for 229 has been adjourned for further consideration by the Zoning Board on July 7th , Mrs . Holmberg stated that this is a changing neighborhood and the Zoning Board feels that they cannot change the neighborhood piece by piece . It should be some sort of zoning change or ordinance amendment . • Mrs . Holmberg stated that her client is preparing a petition to change the zoning along Coddington Road from the City line to the access road to Ithaca College . Up to the City line that area is zoned R- 2 by the City which is multi - family , but right across the line in this short area of small homes up to the new access road the Town zoning is R- 9 , one- and two- family . Mrs . Holmberg noted that traffic has increased considerably . It is very close to the College Campus which makes it a very attractive place to live . She noted that Ithaca College has been buying property in the area also . Mrs . Holmberg stated that since this petition for zoning change will go to the Town Board she assumes that it will come back to the Planning Board for consideration . She said that in order to save time , she would ask that the Planning Board consider the matter and make a recommendation to the Town Board , Mr . May asked about parking facilities for the Gebauer properties . Mrs . Holmberg stated that there is adequate parking for both properties , Mr . Gebauer has 200 ' of frontage on Coddington Road and that there is adequate parking space in front for four cars . Mr . Fabbroni respectfully disagreed stating that there is a parking problem up there , though one may not be able to trace it directly to these properties . Mrs . Holmberg stated that these particular properties can provide parking for their tenants , Mr . Fabbroni noted that parking in the front yard is a problem . Planning Board - 6 - July 5 , 1977 Mrs . Holmberg stated that there is another matter that they are petitioning upon and that is a possible change in the zoning ordinance ® as to the regulations with respect to the number of unrelated persons who can live in a structure . She stated that three unrelated persons is simply not realistic . Mrs . Bronfenbrenner stated that the Planning Board is presently discussing this whole complicated question . She stated that it is not only relationships , but also septic tanks , trash , cars , traffic , noise , absentee landlords , and so on . Mrs . Holmberg stated that it is the arbitrary number " 3 " that is the problem . There followed a lengthy discussion between the Board members , Mrs . Holmberg and Mr . Fabbroni . It was the consensus of the Planning Board members that they could not formally consider the Gebauer matter At this meeting since it was not on the formal distributed Agenda and , further , that they should call a Public Hearing for any such consideration and that would be impossible to manage before the next Town Board meeting which is July 11 , 1977 . Mrs . Holmberg stated that she is going to try to get this matter placed on the Town Board Agenda for their July 11th meeting . GIRLS ' CAMP AT ENFIELD PARK OPERATED BY THE CHURCH OF JESUS CHRIST OF • LATTER DAY SAINTS , ENFIELD FALLS ROAD Mrs . Bronfenbrenner stated that this item also did not appear on the Agenda , but it had not appeared as an Agenda item on June 15 , 1976 ? either , which is the Church ' s fault for not realizing until the last minute that they wanted Planning Board approval for their five -day camp . She stated that the Planning Board has previously approved this camp on July 1 , 1975 , and on June 15 , 1976 . Mrs . Bronfenbrenner described the camp . She stated that it is for approximately 75 girls and there is one adult for every six girls . She stated that the camp fulfills the New York State Camp regulations and the Mormon Church regulations . She noted that this application is slightly different from the previous two - - this time they are asking for permanent Planning Board approval . They would also like to have permission to have an " all -Church " meeting on July 15th , Mr . Fabbroni commented that he has never actually received the Health Department approvals noted in the Planning Board resolutions of approval but before he can follow up on it - - it ' s over . He wished to state , however , that he lives right next to it and he has never even known it is there or that it was underway . He commented also that Mr . William Mobbs , the Assistant County Highway Superintendent also lives right next door to it and is a member of this Church . Mr . Fabbroni read from the Minutes of the Planning Board Meeting of July 1 , 1975 . ( See attached . ) MOTION by Mr . Montgomery May , seconded by Mr . Jonathan Bradley : Planning Board - 7 - July 5 , 1977 RESOLVED , that the Planning Board of the Town of Ithaca give and hereby does give approval to the use of the property at 272 Enfield • Falls Road ( Parcel No . 6 - 34 - 1 - 3 ) , owned by the Church of Jesus Christ of Latter -Day Saints , for a camp five days in length , conditional upon the receipt of Tompkins County Health Department approval for sanitary facilities . If there are any structures to be built in the future a site plan of the property must be presented to the Planning Board for approval . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , May , Reece , Baker , Hoffmann , Bradley . Nay - None . Mr . Aron was not present for this vote , having left the Meeting because of illness . The MOTION was declared to be carried unanimously . As to the question of permanent approval , Mr . Baker stated that the State requirements for camps are so strict that this Board should not put its approval on something that has not been given permanent approval by the State . Mr . May stated that the Church has plenty of time before next year to come to the Planning Board and make a presentation on what they have approvals on or not before we can consider permanent approval . Mr . May also commented that it does not seem necessary for the Planning Board to approve or disapprove of their all - church meeting on their own private property . The remaining members of the Planning Board agreed with both statements . LETTER OF APPRECIATION FROM PLANNING BOARD TO RETIRING SUPERVISOR WALTER J . SCHWAN The following MOTION was presented by Mr . Montgomery May , seconded wholeheartedly by Mr . J . W . " Bill " Reece . BE IT RESOLVED , by the Planning Board of the Town of Ithaca that the Secretary of the Planning Board send a letter of appreciation to Supervisor Walter J . Schwan , TO WIT : The Town of Ithaca Planning Board wishes to express its appreciation to Walter J . Schwan for his leadership and direction during his four and one - half years of service on the Town of Ithaca Planning Board and his eight years of service as Town Supervisor . During his four terms as the senior public official of the Town of Ithaca , his accomplishments marked the emergence of the Town of Ithaca into a modern urban community . With great personal sacrifice on his part the Bolton Point Water Works became a reality . The advent of the Intermunicipal Water Commission brought a new era of cooperation between several of the local Towns and Villages facilitating a planned growth of this area . It is with regret that we see Walter J . Schwan leave the position of Town Supervisor . The Town of Ithaca Planning Board wishes him the best in his new adventures . To be signed by all members of the Town of Ithaca Planning Board Planning Board - 8 - July 5 , 1977 By way of discussion , the Planning Board members all agreed that this was a very nice gesture . The Chair called for a vote . Aye - Bronfenbrenner , May , Reece , Baker , Hoffmann , Bradley . Nay - The MOTION was declared to be carried unanimously . DISCUSSION OF LOCAL LAW # 1 - 1972 ( SIGN ORDINANCE ) The Town of Ithaca Sign Ordinance and the need for its amendment was discussed . The Planning Board agreed that this need is obvious . Such matters as there being no allowance for seasonal signs in Agricultural Zones , the gap between 2 sq . ft . signs and 25 sq . ft , signs , directional signs to local businesses , multi - residences , were discussed , It was agreed that the Planning Board would meet on July 19th , 1977 , for discussion and consideration of the Sign Ordinance only . ADJOURNMENT Upon Motion , the Meeting was duly adjourned at 10 : 35 p . m . Respectfully submitted Nancy M . Fuller Secretary S