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HomeMy WebLinkAboutPB Minutes 1978-02-28 TOWN OF ITHACA PLANNING BOARD TUESDAY , FEBRUARY 28 , 1978 r A regular meeting of the Town of Ithaca Planning Board was held on Tuesday , February 28 , 1978 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , New York , at 8 : 00 p . m . PRESENT : Chairman Liese Bronfenbrenner , Bernard Stanton , Henry Aron , James Baker , Jonathan Bradley , Patrick Mackesey , Carolyn Grigorov , Lawrence Fabbroni ( Town Engineer ) , Barbara Restaino ( Town Planner ) . ALSO PRESENT : Town Councilwoman Shirley Raffensperger , Willis Hilker , Mark Goldfarb , Stewart Knowlton , Dr . Harold Purdy , Al Hoefer , Jr . , Mrs . Hoefer , Lawrence Jones , Sandra Pitz , Matty Schoonmaker , Philip Lerman ( Ithaca Journal ) , Joel Meltzer ( WTKO ) r Beverly Livesay ( County Representative ) . Chairman Bronfenbrenner opened the meeting at 8 : 00 p . m . PUBLIC HEARING : PRELIMINARY SUBDIVISION HEARING FOR 5 - LOT EXTENSION TO NORTHVIEW WEST , TAX PARCEL # 6 - 42 - 1 - 9 . 3 , WILLIS HILKER . Mr . Hilker presented a Site Plan this date for a proposal to end Northview Road West as a cul - de - sac and finish off five more lots and leave Northview Road West as a dead - end road . The proposed lots are indicated as " A " , " B " , " C " D " , and " E " and range in size from 18 , 100 sq . ft . to 27 , 780 sq . ft . Mr . Hilker is also proposing that the park now known as Northview Road West Park will be enlarged more than 107o . Water and sewer will be extended to the lots . Mr . Aron asked if the cul - de - sac allows for proper turn - around . Mr . Hilker replied that a 120 ' cul - de - sac is proposed which Mr . Fabbroni has informed him is large enough for the plows . Mr . Fabbroni stated that he has no questions as to layout and proposed utilities . Mr . Fabbroni pointed out , however , that should this proposal be given preliminary approval , the Town will eventually have to have a map showing metes and bounds and utilities extension . It was noted that the drainage would roughly start in the northwest corner of the Hoefer lot and go in a clockwise direction to bring the water around to the existing park area in such a way that it would cut off all the water from the hillside and should reduce any existing flow coming off the hillside from the Hoefer lot on up . Mr . Hoefer stated from the floor that he would like to know if this is a hearing for a change to an existing plan . He stated that the total layout has been before this Board when the original plan was presented . Mr . Fabbroni noted that the matter at that time was one of approval of a temporary turn around as opposed to a road . He stated that insofar as recorded approved plans , it is not a revision - - it is a revision of a sketch plan not approved as lots . Mr . Stanton asked Mr . Hoefer why he was asking this question . Mr . Hoefer stated that his question has to do with what is being done as a total package . He said that the Board is in essence looking at the rest of the area and should be aware that the area behind the five lots becomes land - locked . Planning Board - 2 - February 28 , 1978 Mr . Hilker pointed out that Mr . . Hoefer is referring to the area that he will be selling to Ithaca College - - the area that adjoins the College land . Mr . Fabbroni wondered how the land is land - locked . Mr . Hoefer stated that there is no access to that land under the plan proposed by Mr . Hilker - - no public access . Mr . Fabbroni commented that Mr . Hilker is land - locking himself with the intention of selling to Ithaca College . Mr . Hoefer stated that this proposal is a change in the original plan . Mr . Hoefer stated that Lot # 3 , 208 Northview West , is still owned by Mr . Hilker . He said that his lot is # 6 , 212 Northview West . He stated that this is the first time he had heard that water will be diverted . Mr . Hoefer described a drainage ditch that he at his own expense had installed with Mr . Fabbroni ' s help that goes under the road . He said that the lot at 208 Northview West has not been corrected and is a problem . He said that there is water in all but three homes on this street in various forms at various times of the year . Mr . Hoefer stated that to believe that you could take this water and put it around is naive - - it is just not going to happen . He said that he did not know what was proposed to take water from his lot . Mr . Hoefer further stated that two of the lots are rental and these two lots are neglected and establish a tenor for the neighborhood . Mr . Hoefer wanted to know if Mr . Hilker considered allowing another contractor to construct homes on his lots . Mr . Hilker stated that he did not intend to sell his lots so that another contractor could develop them . Mr . Hoefer stated that he questions Mr . Hilker ' s ability as a developer . He stated that the edges of the road have never been finished ® off . He noted that the road is not even macadam . He said that he would question the Board advising any going ahead and developing of these five lots . Mr . Fabbroni , referring the question of the road surface , agreed that a different surface was tried on that road . He noted that it is a dead - end road and is a . good test situation . He stated that if it does not work out , we will go out and put in a conventional surface . He noted that we are trying to keep our life cycle up and our costs down . He referred directly to the trimming of the road and stated that if the trimming is not done , it should be done . He pointed out that there were problems last fall with continuous periods of rain from August to October which is the time for paving and trimming up . He also noted that the proposed schedule to develop the park falls into the same area of concern . Mr . Fabbroni stated that we have been working on the park for one - and - a - half years , but we had to go through all the committees and when the time came the weather would not cooperate . He stated that as far as the drainage goes , . he cannot begin to go out and do a topographic for every subdivi - sion in the Town . He noted that the water runs downhill and that is what the map shows that is being presented by Mr . Hilker . Mr . Hoefer was concerned that what Mr . Hilker was describing involved water running uphill . Mrs . Bronfenbrenner asked how many units are in the rental proper - ties . Mr . Hilker stated that both rental properties have one family up and one family down . Mrs . Bronfenbrenner asked if there . were any further comments . Mrs . Grigorov stated that she was curious about the comment about water running up hill . Mr . Hilker described the proposed drainage in detail particularly noting that Lot # 5 would have any present water diverted from it . Planning Board - 3 - February 28 , 1978 An argument ensued as to whether or not Mr . Hilker brought in a bulldozer behind the lots and did some excavating - - particularly on a Mr . Gary Wood ' s lot , Mr . Hoefer maintaining that Wood ' s ditch was filled in , and Mr . Hilker maintaining that no such thing occurred . Mr . Aron asked Mr . Hilker if he has any catch basins in there . Mr . Hilker said , " No , all natural flow and ditching . " Mr . Hoefer stated that there is a culvert under the road next to his house . He stated that he has redone the whole thing and it does not freeze up as high now . Chairman Bronfenbrenner asked if there were any further comments and there being none declared that the Public . Hearing be closed at 8 : 25 p . m . Chairman Bronfenbrenner asked the Board if they felt that they should peruse the Minutes from the meeting granting subdivision approval for Northview Road West . The Board said they needed to do so . Mr . Aron asked for specifics on the ditching . Mr . Hilker stated that there are two ditches in place now and that under the present pro - posal before the Board one of the ditches would be increased probably to 3 ' x 3 ' . Mr . Aron asked if Mr . Hilker had consulted with any engineers . Mr . Hilker stated that , other than a lot of help over the years from Mr . Fabbroni , he has not had engineering consultants . Mr . Aron stated then that Mr . Hilker uses guesswork . Mr . Hilker replied , " Pretty much so . " Mr . Hilker continued and stated that all the water ® hits presently in one point and he knows pretty much what the volume is . Mr . Aron noted that a member of the public says that it is not adequate and has had to redo it himself . Mr . Hilker noted that he had put in adequate drainage , but he was required by an owner to fill in a ditch . Mr . Hilker also noted that the only problem is with Lot # 5 and there will be a diversion from Lot # 5 within this present proposal . At 8 : 29 p . m . , Chairman Bronfenbrenner stated that the Public Hearing in the Hilker proposal will be postponed until later in the meeting , allowing for Mr . Fabbroni to bring the Minutes of the previous hearing and the map before the Board . The members of the Board agreed . PUBLIC HEARING : SITE PLAN REVIEW FOR SELF - SERVICE GAS ISLAND AND CONVENIENCE GROCERY STORE AT NORTHEAST CORNER OF JUDD FALLS ROAD AND ELLIS HOLLOW ROAD , TAX PARCEL # 6 - 62 - 2 - 1 . 13 , MARK GOLDFARB , The proper documentation as to publication and posting and service by mail having been presented , the Chair declared the Public Hearing in the above - noted matter duly opened at 8 : 30 p . m . Mr . Mark Goldfarb presented to the Board a proposed site plan for his . 995 acre lot at the corner of Judd Falls Road and Ellis Hollow Road this date . He stated that the property is zoned for this use , the set backs are adequate , there is an entrance and exit on Judd Falls Road , and an entrance only on Ellis Hollow Road . He noted that his proposal is for a self - service gasoline island and a convenient - type grocery store which will have a general type variety of grocery items . Mrs . Bronfenbrenner noted at this point that it has been brought to the attention of the Board that a Business " D " district allows for a gasoline station only . Mr . Fabbroni commented that before Mr . Goldfarb Planning Board - 4 - February 28 , 1978 bought the property and at the time of a proposal by Mr . Morey Angell it was proposed that a rezoning take place . Mrs . Bronfenbrenner also quoted from the Town Board Minutes of May 9 , 1977 in re that proposed variety store and mini - gas - station as follows : " Councilman Raffensperger noted that the minutes of September 13 , 1976 ( on p . 7 ) should indicate that the Town Board recommended to the Planning Board that no more than one curb cut should be permitted for the proposed variety store and mini gas station at the corner of Judd Falls Road and Ellis Hollow Road ; Upon proper Motion and second the Board unanimously approved such correction , Council members DelRosso , Raffensperger , Powers , Valentino , Desch and Schwan voting aye . Mr . Goldfarb stated that he was caught completely unawares by this statement on the double use prohibition . He said that he was apparently using the wrong document - - the Zoning Schedule . Mr . Goldfarb stated that he would request the dual use and was informed that he would have to look to a rezoning . Mr . Goldfarb stated that originally he did want to put a full - service station there , but that he has had trouble for a couple of reasons - - ( 1 ) the gas companies are no longer interested in full - service gas stations , and ( 2 ) the matter of ingress and egress as specified by the Board . Mrs . Bronfenbrenner asked Mr . Goldfarb when he would like to begin construction . Mr . Goldfarb stated that he would like to start very shortly and Mrs . Bronfenbrenner asked if he had a dealer to which Mr . Goldfarb replied that he did for the gasoline . ® Mr . Aron asked if Mr . Goldfarb would insist on also having a grocery store there . Mr . Goldfarb said that he would since this is a business that he and his wife want to run . He stated that it is not feasible to have just the gasoline there . Mr . Aron recommended to the Chair that the matter be rephrased to properly state . that Mr . Goldfarb requests a rezoning hearing . Mr . Stewart Knowlton spoke from the floor and said that he would like to describe what has happened with the entire property over the years . He stated that the property was once a 47 acre farm and at the time of its purchase working over a period of two years with the Planning Board , the Town Board , et al , there was a master plan evolved for the entire area , including housing , etc . There was reserved and granted to the Town the right of way for the so - called " ring road " . The road was specifically surveyed on the map and the developers of the shopping center have lived completely within the umbrella of that plan . He said that Dr . Purdy ' s access is through the ring road . Mr . Knowlton stated that he would love to see Mr . Goldfarb put a gas station on that corner and noted that cross easements have been designed for the purpose . He said that a gas station would serve a very definite need for the people in the area . Mr . Knowlton stated that he is in a dilemma - - he is next on the Agenda to present an alternate plan for a gas island 225 ' off of Ellis Hollow Road which solves the traffic problem . Mr . Knowlton stated that AOL he would still rather see Mr . Goldfarb develop a gas station , but he would object to a gas station / convenience foods . He said that there was no way historically that that was ever considered . He stated that if the historical approach to the property were substantially changed he would object and it would put him at a disadvantage . Mr . Knowlton stated that he thought his problem is his concern for East Hill which is probably .Planning Board - 5 - February 28 , 1978 greater than anyone ' s in the room . He stated that he lives in fear ® of accidents in that area . and that he cannot stand by and see the problem compounded . Mr . Knowlton stated that he would consider withdrawing his application for a self - service gas station on his property located and presented as he did three months ago , which is exactly what he was going to do in about ten minutes , if Mr . Goldfarb will build a gas station facility on his corner . He said that in any case , somebody has got to produce a gas station facility . Mr . Knowlton said that he would ask the Chair its thoughts , or the Board , if it will . He said that if he knew what the Board is going to do with Mr . Goldfarb , then it would help him in knowing what to do with his own proposal . He stated that we do have to have a gas facility up there and either Mr . Goldfarb or he has to do it . within the framework that has been in existence for many , many years . Mr . Knowlton stated that he does not know quite what to do at this point . Mrs . Bronfenbrenner asked Mr . Knowlton how he would feel if Mr . Goldfarb had access to his gas station through his ( Knowlton ' s ) parking lot . Mr . Knowlton stated that he had no objection at all as a gas station . Mr . Goldfarb stated that he thinks that is impossible . Mrs . Grigorov asked Mr . Goldfarb if he would then need the Ellis Hollow entrance ? Mr . Goldfarb stated that he feels that he does . Mr . Knowlton commented in reference to trafficking problems , one may think you can control the public with signs - - but in actual fact - - ® NO WAY , Mr . Goldfarb stated that he has tried to set the site up so that there is not a clear shot right on out and that as far as controlling people from exiting on the Ellis Hollow site , he felt , though not 100% , that a " Do Not Exit " / One Way " sign should take care of it . He added that any other suggestions would be more than welcome . Mr . Goldfarb said that if his proposal should come about he did not want to see accidents either . He stated that if there were a dangerous situation arising he thought he would be more than willing to close it off . Mrs . Bronfenbrenner wanted to make sure that she was understanding Mr . Goldfarb ' s position in saying that he is really not interested in having just a gasoline station . Mr . Goldfarb stated that the full - service gas station seems to be a thing of the past . He stated further that gasoline sales alone just do not generate enough income . He added that he started working on this well over a year ago . He said that he thinks also , as Mr . Knowlton says , that there is a need for gas sales here and this was envisioned for many years . He also noted that he has planned for landscaping his property with plantings , low- lying shrubs , etc . There being no further comments on Mr . Goldfarb ' s proposal , the Chair declared the Public Hearing closed at 8 : 55 p . m . PUBLIC HEARING : CONSIDERATION OF REZONING REQUIEST FROM BUSINESS " C " TO BUSINESS " D " AND SITE PLAN REVIEW FOR SELF - SERVICE GAS , PHOTO KIOSK AND KEY SERVICE AT EAST HILL PLAZA ALONG ENTRANCE FROM ELLIS HOLLOW ROAD , TAX PARCEL # 6 - 62 - 2 - 1 . 2 , STEWART KNOWLTON . , The proper documentation as to publication and posting and service by mail having been presented , the Chair declared the Public Hearing in the above - noted matter duly opened at 9 : 00 p . m . Planning Board - 6 - February 28 , 1978 Mr . Stewart Knowlton presented to the Board Site Plan dated 10 / 77 Sheet # 1 - A , East Hill Plaza , Multi - Use Location EH - 275 - 1A and indicating ® a gas facility as a service to the patrons of the East Hill Plaza . Mr . Knowlton noted that there is gas available at Bud ' s Red and White and a very limited facility on the Dryden Road at the corner of Oak . He noted that in Collegetown there is a Texaco station which is closed . He noted that the Board has heard his preliminary conversation which indicated that he proposal he has before the Board is the fulfilling of a need voiced by the public - - they think we should have it . He described the proposed facility as being up the service road 255 ' from Ellis Hollow Road and containing a four - pump island with a canopy roof with hand - split shake siding . He stated that it would be a complementary format to the Plaza and the other buildings in the adjacent area . He presented Plot Plan East Hill Plaza , Multi - Use Location , Drawing No . EH - 275 - 1B dated Nov . ' 77 . He pointed out that one - third of the area is to be landscaped . Mr . Knowlton presented also Building and Canopy Plan 1712 - 1 Nov . ' 77 , Footing - Anchor Plan & Section 1712 - 2 Nov . ' 77 , Footing - Anchor Detail & Section 1712 - 3 Nov . ' 77 , and Building Floor Plan 1712 - 4 Nov . ' 77 . The proposal includes a copy machine service , a key service , a photo kiosk and self - service gas . Mr . Knowlton stated that it will be open the same hours as the Plaza - - perhaps a little earlier in the morning around sevenish - but that would be all . He stated that the building will be 7 ' x 7 ' x 20 ' and the canopy 30 ' x 54 ' . He stated that there will be three new 10 , 000 gallon storage tanks buried . Mr . Bradley said that he was wondering how the Board is going to ® deal with the zoning . Mr . Fabbroni suggested that perhaps consideration could be given to making them both " C " and " D " since there is not a lot of land involved to add future " C " and " D " uses . Dr . Harold Purdy asked from the floor for an explanation of " C " and " D " which Mr . Fabbroni proceeded to describe . Dr . Purdy then stated that he would prefer the gas station on the corner and added that he is concerned about the right of way and the number of people who use it between the Ellis Hollow Elderly Housing and the Shopping Center . Mr . Stanton commented that you will get additional traffic just to buy gas and not necessarily shop . Mrs . Grigorov asked about the walkway which Mr . Knowlton described briefly as a 10 ' strip given to the Town from the parking lot to the housing for the elderly . Mrs . Bronfenbrenner asked Mr . Knowlton when he is prepared to begin construction ? Mr . Knowlton stated the end of March or the first of April - - he added that they are ready to go . Mr . Goldfarb stated in answer to Mr . Knowlton , he really cannot see putting a full - service gas station there . He said that if that turns out to be case and he will have to go that way , then he is stymied by the Boards and the matter of ingress and egress . Mr . Goldfarb said that he simply has to do something with that property . Mrs . Raffensperger asked Mr . Knowlton if he would have an attendant at that station to which he replied in the affirmative . Mrs . Raffensperger wondered how Mr . Knowlton would develop it if he could not have the photo kiosk and key service and photo copy to which he replied that he would have to develop it as just a self - service gas island . Planning Board - 7 - February 28 , 1978 There being no further comments , Chairman Bronfenbrenner declared ® the Public Hearing closed at 9 : 20 p . m . PREVIOUSLY POSTPONED DISCUSSION OF WILLIS HILKER PROPOSAL FOR 5 - LOT EXTENSION TO NORTHVIEW ROAD WEST SUBDIVISION . ( Secretary ' s Note : It should be herein noted for the record that proper documentation as to publication and posting of the Public Hearing in the matter of the Hilker proposal was duly and properly submitted by the Secretary to the Chair . ) At 9 : 30 p . m . , after having gone over the Minutes of the Planning Board Meeting of December 21 , 1971 and reviewed Map #409 from the Town of Ithaca map file entitled Preliminary Subdivision Plat , Northview Road West , the Planning Board reopened discussion of Mr . Hilker ' s proposal as to drainage and suggestions discussed at this evening ' s meeting . MOTION by Mr . Bernard Stanton , seconded by Mr . Henry Aron : RESOLVED , that the Planning Board of the Town of Ithaca grant and hereby does grant preliminary subdivision approval for a 5 - lot extension of Northview Road West subdivision , Willis Hilker owner and developer , Tax Parcel #6 - 42 - 1 - 9 . 3 , subject to the approval by the . Town . Engineer of the following changes and / or requirements of said Planning Board and said Engineer , 1 . That the drainage plan show a small swale from the southeast corner of ® Lot E to the northeast of Lot E ending at the roadside ditch , and being in addition to the drainage pattern already depicted on said plan . 2 . That final water and sewer plans be approved by the Town Engineer , and , further BE IT RESOLVED , that final subdivision approval will be considered with the providing of engineering drawings of metes and bounds of the proposed lots . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Stanton , Aron , Baker , Bradley , Mackesey , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . CONTINUED DISCUSSION OF THE GOLDFARB AND KNOWLTON PROPOSALS FOR SELF - SERVICE GAS ISLANDS WITH RELATED USES , Mr . Bradley stated that the Knowlton proposal with its mixed use of gas service , key service , photo kiosk , and photo copy service sits very poorly with him . The other proposal , Goldfarb , the interior traffic flow does not sit too well either . The entrance and exit proposed by Goldfarb is about as well as can be done . Mr . Goldfarb commented he thinks that his proposal would go even with the P & C and Bud ' s because of the hours involved - - 7 : 00 a . m . to 11 : 00 at night - - even midnight . He stated that as for the internal traffic , he had some help from Mr . Fabbroni and it is set up reasonably as far as he Planning Board - 8 - February 28 , 1978 can see . He noted that parking is about twice what is probably needed and further that the pumps are far enough back from the entrance . ® Mr . Knowlton had departed at the close of the Public Hearing at 9 : 20 p . m . Mr . Stanton stated that he was sort of negative to anything except a gas station in either location . There followed a lengthy discussion of entrances and exits as they relate to this corner and as has been discussed for many years with the Board arriving once more at the conclusion that the overall long range solution of this intersection problem is the relocation of Ellis Hollow Road . Mr . Fabbroni made some suggestions for possible ways of moving the building and pumps . and blacktopping certain areas as something for Mr . Goldfarb to think about . Mr . Goldfarb replied that he owns the land and he has committed himself to doing something there . He said that if it cannot be rezoned there is only one thing to do - - he will put in only the gas - - he has no choice . Mrs . Bronfenbrenner asked Mr . Goldfarb if he had ever thought of another use for that land . Mr . Goldfarb stated that he has always thought in terms of a gas station there , though he has toyed with the idea of a ® car wash or dry cleaning establishment , but that is probably not compa - tible with the zoning . Mr . Stanton departed at this point . Mr . Bradley asked if this whole matter is one of a rezoning or a variance . Mr . Fabbroni replied that Mr . Bradley may be right in the consideration of a variance which could be the way to go . Mr . Fabbroni commented that he would think that the Zoning Board of Appeals would refer it to the Planning Board for a site plan review . Mrs . Bronfenbrenner asked if the Board were ready to make a decision ? Mr . Bradley wondered how the Board can make a decision when the question is of a mixed use . Mr . Bradley said that he thought the use is as good as you could do - - it is zoned for a gas station , and as far as the site plan goes he thought it was acceptable . Mr . Fabbroni expressed the opinion that this is a rezoning question and not a variance . Mr . Willis Hilker from the floor commented that he thought that the Business " D " District was set up because of the noise , the grease racks , etc . , and is not really applicable to the present uses such as gas islands and other services of today even such as a drive - in bank . Mrs . Beverly Livesay suggested that the Board obtain an opinion from the Town Attorney as to the meaning of Business " C " and " D " . MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . James Baker : RESOLVED , that the Planning Board of the Town of Ithaca request and , Planning Board - 9 - February 28 , 1978 hereby does request of the Board of Appeals of said Town of Ithaca an interpretation of Section 35 of the Town of Ithaca Zoning Ordinance as related to the Goldfarb and Knowlton proposals presently before this Board , the Goldfarb proposal involving a request for the addition of a " C " use to a " D " zone and the Knowlton proposal involving a request for the addition of a " D " use to a " C " zone . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Aron , Baker , Bradley , Mackesey , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . ADJOURNMENT Upon Motion , the meeting was adjourned by the Chair at 10 : 26 p . m . Respectfully submitted , Nancy M . Fuller , Secretary . - - 197'7_- Or_9'/�� -- ��� i ,e� _/�� A-)9-N -4-� ,I V-om R-c�z-�z�o�, 0 1 p Ct 14/w, GACA coy- o 1W4 r /0 — --- ? tj 1..Pxrn� ® -rte wpct— KN s %AJLJ AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA , N . Y. I , Edward L . Bergen , being duly f 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 Hearings of the Town of Ithaca Planning Board to be Yield on Tuesday ', February 28 , 1978 , commencing at 8 : 00 p . m . in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , NY , as per attached . cation of sign - board used for posting : Front Entrance to Town_ Hall Date of Postings February 21 , 1978 - Date of Publication : February 23 , 1978 EdwkrtYL . Bergen Town Clerk Town of Ithaca State of New York . County of Tompkins SS . Town of Ithaca Sworn to before me this 28th day of February , 1978 • . _ rTOTARY GERTRUDE H. BERGEN � Notary Public, State of New York No. 55-5278725 Qualified in Tompkins MCO Werra Expires arch 30, O 1 1 ' ^ i Thursday, February 23 , 19781THACA JOURNAL - 21 TOWN OF ITHACA PLANNING i ) BOARD I NOTICE OF PUBLIC HEARINGS t , Y - TUESDAY, February 28,-1978-- t By direction of the Chairman of the Planning Board, NOTICE IS 1 HEREBY GIVEN that Public I Hearings will be held by the Plan. I ning Boardof the Townof Ithacaon Tuesday, February 280 . 1978, in Town Hall, 126 East Seneca Street ( second floor ), Ithaca, N . Y . at the following times and on the follow- ing matters : - -' 8 : 00 P.M. Preliminary Subdivision Hearing for 5-lot extension to Northview West , Tax Parcel 6-42- 1 -9. 3, Willis Hilker . - 8 : 30 P. M. Site Plan Review for self ! service gas island and Conve- nience Grocery Store at Northeast Corner of Judd Falls Road and - Ellis Hollow Road, Tax Parcel I ::6-62-2-1 , 13, Mark Goldfarb. t 9 : 00 P.M. Consideration of Rezon. t ing request from Business "C" to i Business " O'= .and Site Plan Re- view for Self-Service Gas, Photo I Kiosk and Key Service,at. East Hill Plaza along entrance from Ellis ' .Hollow Road , Tax .Parcel ::6-62-2- 1 .2, Stewart Knowlton . 9 : 30 P .M. Consideration of Rezon- ing request from Residential R -30 to Business "C" and Site Plan lReview forr Commercial Retail ', Proposal, Route 13 and . 13A, Tax 3 Parcel 6-M-.1 -25.2, At Becker . . Said Planning Board will at said times and said place hear all per- sons in support of such matters or appear by agent o.or Persons maY . l appear by agent or in person. Edward L. Bergen Town Clerk - ' Town of Ithaca • DATED : February 21 , 1976 February 23, 1978 TOWN OF ITHACA PLANNING BOARD ° NOTICE OF PUBLIC HEARINGS TUESDAY , FEBRUARY 28 , 1978 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 Tuesday , February 28 , 1978 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters . 8 : 00 P . M . Preliminary Subdivision Hearing for 5 - lot extension to Northview West , Tax Parcel # 642 - 1 - 9 . 3 , Willis Hilker , 8 : 30 P . M . Site Plan Review for Self - Service Gas Island and Convenience Grocery Store at Northeast corner of Judd Falls Road and Ellis Hollow Road , Tax Parcel # 6 - 62 - 2 - 1 . 13 , Mark Goldfarb . 9 : 00 P . M . Consideration of Rezoning request from Business " C " to Business " D " and Site Plan Review for Self - Service Gas , Photo Kiosk and Key Service at East Hill Plaza along entrance from Ellis Hollow Road , Tax Parcel # 642 - 2 - 1 . 2 , Stewart Knowlton , 9 : 30 P . M . Consideration of Rezoning request from Residential R - 30 to Business " C " and Site Plan Review for Commercial Retail Proposal , 0*4 Route 13 and 13A , Tax Parcel # 6 - 332'- 1 - 25 . 2 , Al Becker . 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 : February 21 , 1978 Publish : February 23 , 1978 T' AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) SS : COUNTY OF TOMPKINS ) Nancy M . Fuller , being duly sworn , deposes and says , that deponent is not a party to the actions , is over 21 years of age and resides at 316 Turner Place , Ithaca , NY . That on the 21st day of February , 1978 , deponent served the within Notice upon : Messrs . Anderson & Wormser Holstein Friesian Assoc . 421 Nelson Road P . O . Box 581 Ithaca , NY 14850 Ithaca , NY 14850 Stewart Knowlton Cornell University Box 414 Dept . of Bldgs . and Properties Ithaca , NY 14850 Ithaca , NY 14853 Dr . Harold Purdy David Cassel , President 1350 Ellis Hollow Road East Ithaca Town Association Ithaca , NY 14850 152 Pine Tree Road Ithaca , NY 14850 George Ideman 946 Mitchell Street Finger Lakes State Parks Comm . Ithaca , NY 14850 Administration Headquarters Trumansburg , NY 14886 Mark Goldfarb 409 Lake Street George K . Voss Ithaca , NY 14850 202 Jersey Hill Road Ithaca , NY 14850 Paul Ridley 1022 Ellis Hollow Road Moss E . Sweedler Ithaca , NY 14850 White Hall , Cornell University Ithaca , NY 14853 W . Trammell , Groff Assoc . Full Service Development Co . Earland Mancini 122 Liberty National Bank Bldg . 22 Renwick Heights Road Buffalo , NY 14202 Ithaca , NY 14850 E . A . I . Co - Op Inc . John H . Turk Box 518 623 Elmira Road Ithaca , NY 14850 Ithaca , NY 14850 Hilda K . Guterman Constance E . Cook 605 Elmira Road Coy Glen Road Ithaca , NY 14850 Ithaca , NY 14850 Al Becker Albert Hoefer , Jr . 115 Glenside 212 Northview Road West Ithaca , NY 14850 Ithaca , NY 14850 By depositing same enclosed in a postpaid addressed wrapper , in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York . Nan ky M . uller Sworn to before me this 28th day of February , 1978 GERTRUDE H. BERGEN Notary Public, State of New York Ni Tompkins 7 G Qualified in Tompkins Court Tenn Expire March 3f' . ' !iG Notary Public TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS TUESDAY , FEBRUARY 28 , 1978 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 Tuesday , February 28 , 1978 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters : 8 : 00 P . M . Preliminary Subdivision Hearing for 5 - lot extension to Northview West , Tax Parcel # 6 - 42 - 1 - 9 . 3 , Willis Hilker , 8 : 30 P . M . Site , Plan Review for Self - Service Gas Island and Convenience Grocery Store at Northeast corner of Judd Falls Road and Ellis Hollow Road , Tax Parcel # 6 - 62 - 2 - 1 . 13 , Mark Goldfarb . i 9 : 00 P:. M . Cons -ideration of Rezoning request from Business "C " to Business " D 'and Site Plan Review for Self - Service Gas ;- -Photo Kiosk -and Key Service at East Hill Plaza along entrance from Ellis - Hollow Road , Tax Parcel #, 6 - 62 - 2 - 1 . 2 , Stewart Knowlton . 9 : 30 P . M . Consideration of Rezoning request from Residential R - 30 to Business " C " and Site Plan Review for Commercial Retail Proposal , goo 34 Route 13 and 13A , Tax Parcel # 6 -3a- 1 - 25 . 2 , Al Becker , 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 : February 21 , 1978 Publish : February 23 , 1978 e r r' PUBLIC HEARING - FINAL APPROVAL OF NICKER SUBDIVISION : ub i c hearing for final approval of Mr . Wi 1 1 i s Hi 1 ker ' s 1 1 1 of '� M4 vision known as South Hill Estates located in the vicinity Coddi ngton Road and Northvi ew Road on South Hill was held at 3o P ' < a Discussion was . held , and Mr . Hilker reported that he cannot •. ., r 'F approval from the Heal th Department until the city gives him ¢ r s s i on to tie in to the city water system . ` r� t - ' � •` Mrs . Holcomb pointed out that Mr . Hi 1 ker would also have to ' flys the County Assessment Department assign lot numbers to his i . 3posal before final approval could be given . House numbers also need to be assigned starting with the qty , .x series . Mr . Hi1ker will maintain the present even - odd ,. bering system that currently exists on Northview Rd . , v. Robert Christianson made a motion that the Planning Board ; eve fi nal approval to the South Hill Estates . Subdivision of allots contingent upon the following conditions * i ITti ' ( 1 ) that approval is obtained from the Health Department , .. � . d that both water and sewer is available ( 2 ) the lack of availability of water and sewer would ; recl ude further de vel opment ; 1 . • - _ ( 3 ) lot number one is a few feet less than the requirements , gut i n total fits well with the plans ; _ . . ( 4 ) house numbers must be assigned starting with the 200 series and mai ntai ni ng the present even - odd di stri buts on that .. f .: . . currently exi sts on Northvi ew Rd . ; and v ' ( 5 ) lot numbers shall be assigned by the Assessment Department . > ' . . Robert Scannell seconded the motion , and. it was unanimously Barri ed . X = The public hearing was closed at 8 : 00 p . m . FINAL PLAN APPROVAL FOR MONKEMEYER PROPOSAL : Discussion gas held concerning the final plan approval for a 111 unit Ix . uItip1e residence district on East King Road owned by Mr . Evan • : '_: gonkemeyer . Peter Francese reported that the Monkemeyers have acquired an additional lot to the east of their proposal and ' ow propose to move the whole development approximately 30 or � 0 feet to the east . This will still meet all side and front � - Yard requi rements . TOWN OF ITHACA L REGULAR BOARD MEETING May 9 1977 0 5015 . m . Y P At a Regular Meeting of the Town Board of the Town of Ithaca , Tonp � kins County , New York , held at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , on the 9th day of May , 1977 , at 5015 p . m . , there were PRESENTO TTalter J . Sehwan , Supervisor Noel Desch , , Councilman Victor Del Rosso , Councilman Robert N . Powers , Councilman Catherine Valentino , CouncilT^roman Shirley Ra, ffensperger , Councilwoman ALSO PRESENT . James V . BUyoucos , Town Attorney Lawrence P . Fabbroni , Town Engineer/Building Inspector Robert Parkin , Highway Superintendent Liese Bronfenbrenner , Planning Board Chairwoman Eva Hoffmann , Planning Board Beverly Livesay , County, Representative Henry 4T . Theisen , County Representative Walter Wiggins , Attorney for Ceracche TV John Gault , Vice President , Corporate Development- , American Television and Communications Corporation Ivar Jonson , I . J . Construction Co . Robert Miller , I . J . Construction Co . Charles T . Currey , Attorney , T . J . Construction Co . Arthur L . Berkey , 128 Christopher Circle Al , Cappucci , 205 Christopher Lane Ellie Dykema , 5 Sandra Place Rose K . Goldsen , 330 Uris Hall , Cornell Univer - sity Henry E . Hilker , 275 Burns Road UTilliam Hilker , 275 Burns Road Ted Hughes , 210 Kelvin Place Joan Klune , 104 Brandywine Drive Paul L . Hartman , 132 Pine Tree Road P_nna-Lore Moratz , 208 Christopher Lane Harlin R . McEwen , 422 Winthrop Drive Pat Ostrander , 1460 Hanshaw Road Sharon Staz , 117 King. Road , East Edgar J . Ruthig , 209 Christopher Lane Lucille Ruthig , 209 Christopher Lane Lara Stanton , 2 Sandra Place 14ary McGinnis , 3 Strawberry Lane John Jarrett , TITKO Phil Lerman , Ithaca Journal J . Casn erwwUotto , TIHCU Marcia Lynch , WTKO ABSENT * Andrew W . McElwee , Councilman MINUTES Councilman Raffensperger noted that the minutes of September 13 , 1976 ( on p . 7 ) should indicate that the Town Board recommended to the Planning Board that no more than one curb cut should be permitted for the proposed va_ iety store and mini gas station at the corner of Judd Falls Road and Ellis Hollow Roads and that the minutes of Novem- ber 4 , 1976 ( on page 4 ) should be corrected to indicate that revenue Town Board Minutes - 2 - May 9 , 1977 from sales tax monies which will be received in April of 1977 might be added to revenue sharing monies to help hold down the Bolton Point water benefit rate . Motion by Supervisor Schwan , seconded by Councilman Desch , RESOLVED , that the minutes of October 11 , 1976 , Octobsr 2 " , 1976 , November 10 , 1976 , November 17 , 1976 , December 13 , 1 .076 ani? December 31 , 1976 are hereby approved as submitted by the Town :; lark , and that the minutes of September 13 , 1976 and November 4 , 1976 are approved with the foregoing corrections as noted by Councilwoman Raffenspergel_ . ( Del Rosso , Raffensperger , Powers , Valentino , Desch and Schwan voting Aye . Nays - none . ) REPORT OF COUNTY REPRESENTATIVES Mr , Theisen reported that he has been receiving calls about the problem of the speed limit on Hanshaw Road , and he urged the Town Board to continue to pursue the matter . He said he would be glad to help the Town in any way working with the County on this matter . Mr . Theisen indicated his support of the proposed DeWitt Junior High School Recreation Site and he hoped the Town will act favorably on it . Mr . Theisen reported that the County Board of Representatives wants the Town in its deliberations about the re - location of Rt . 96 to be ca awe of access roads to the Hospital , the location of parking facilities , and the service lane that will have to be put in . A lot of money is involved in these decisions . The Hospital has no quarrel with respect to the Town ' s position on the re- location of Rt . 96 . REFUNDS ON WATER USE CHARGES The Town Board reviewed proposed refunds due on water use charges , refunds made necessary for various reasons , such as , over - estimates , over -billings , meter removals , failure to cormunicate in - formation from the City to the Tompkins County Trust Company of the City of Ithaca to the Town , surcharge over -payments , human error , etc . Therefore , the Board acted as follows Motion by Supervisor Schwan ; seconded by Councilman Desch , RESOLVED , that the following refunds be made to the following per - sorls Mrs . J . Herbert Bruckner 1018 Hanshaw Road $ 36 . 83 East Lawn Cemetery 934 Mitchell Street 2 . 36 Ronald S . Ronsvalle 628 Coddington Road 20 . 47 Roger Stout 1312 Hanshaw Road 11 . 04 Ralph E . Thc .rpe 516 West State Street 19 . 53 _ ST ILL' PLAZA EAST � A C . . .pa-r-kio9 .0 b job V 1 ! 1 y fo� 1 kk 1 -4 � PuhPS ► I i W � 1 Q V BARNES syr,,• ! 8s , le!000 SCALE I " = ..y0 . ' -COT SIZE .. 991 AC.