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HomeMy WebLinkAboutPB Minutes 1978-03-21 TOWN OF ITHACA PLANNING BOARD TUESDAY , MARCH 21 , 1978 A regular Meeting of the Town of Ithaca Planning Board was held on Tuesday , March 21 , 1978 , in the Town of Ithaca Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Liese Bronfenbrenner , Henry Aron , Patrick Mackesey , James Baker , Jonathan Bradley , Montgomery May , Bernard Stanton , Carolyn Grigorov , Lawrence Fabbroni ( Town Engineer ) , Barbara Restaino ( Town Planner ) . ALSO PRESENT : Mrs . Susan Owen , Mr . Jerry Haas , Mr . Joe Gentili , Mr .. Mark Goldfarb , Mr . Thomas Niederkorn , Attorney David B . Gersh , Mr• . Evan Monkemeyer , Mrs . Herbert Monkemeyer , Mr . Edward A . Whitlock , Mr . David Cassel , Dr . Frank Baldwin , Chairman Bronfenbrenner declared the Meeting opened at 7 : 32 p . m . REPORT OF THE BUILDING INSPECTOR Mr . Fabbroni reported that in the month of February 1978 one permit was issued for a car - port in the amount of $ 2 , 000 . 00 , as compared with permits for three one - family homes and one restaurant - bar in February 1977 in the amount of $ 182 , 000 . 00 . Mr . Fabbroni reported that the Town is in the process of documenting several violations throughout the Town that have been uncovered within the last month , a number of which are in the ,area of Danby and King Roads . REPORT OF THE TOWN ENGINEER Mr . Fabbroni reported that the five - area sewer extensions are out to bid again . as of March 10th with bid opening on April 5th , 1978 . He reported that there has been an encouraging response in terms of contractors taking out plans and specifications and there is much more local interest . He commented that the Town is hoping for mor; e : . competitive prices . Mr . Fabbroni reported that the Christopher Circle Tank in the Northeast will be repainted sometime between July 1st and August 31st , 1978 , Mr . Fabbroni reported that the Traffic Committee of the Town Board has been studying the need for traffic enforcement and the other duties that a Town constable might undertake , and , as part of these studies , after talking to various police agencies as to speeding violations and specific locations relating to same , and before any conclusion as to whether there is a predominant problem or a speed problem , they would like us to do some traffic counts and speed checks on various arterials . Any suggestions from this Board would be most helpful . He reported that the Town Board has approved the purchase of two traffic counters , however , we will be borrowing the County ' s traffic counters and the hand meter will be borrowed from the Village of Cayuga Heights , in order that we may have proper time to investigate appropriate counters and obtain the best ones for our needs . Mr . Fabbroni reported that he has had discussions with the County Highway people and the County Planning people with regard to the proposed r' road from Route 366 to Pine Tree Road . He stated that there seems to be renewed interest in this project . It involves the relocation of Pine Tree Road to Ellis Hollow Road . Mr . Fabbroni noted that Ivor Jonson ' s multi - family project has been approved in the Town and if there is agreement on this road possibly the Town would participate in gravelling . Mr . Fabbroni noted that Cornell University is building a library building and so there Planning Board - 2 - March . 21 , 1973 may be an access road along this future alignment . He noted that there is a lot / more work to be done to spring the right of way loose . He commented � that the Planning Board may want to endorse this proposal and put its > support behind it . Mr . Fabbroni reported that Mr . Hertel has offerred via a quite claim deed a 10 ' right of way for a walkway between Warren Road and Forest Home Drive close to the north bridge in Forest Home . He commented that a walk - way in this location would be nice . There was some discussion about what effect any possible sale of the Whetzel property should that ever happen might have on this walkway . Mr . Fabbroni stated that there were two items to be presented by Mrs . Barbara Restaino - 1 . Two BOR applications . 2 . Environmental assessment list which will probably be a matter for another meeting since it needs action by the Planning Board and the Town Board . Mrs . Restaino reported that the Town is applying for two grants right now . to the Finger Lakes State Parks and Recreation Commission who are the intermediary in these matters . 1 . One of the grant applications is for matching funds for Coy Glen , 260 acres acquisition and this is the number one priority . This grant application has to be in by the end of April . The Town of Ithaca is the sponsor for this particular grant application . ® 2 . The other grant application is being made jointly with the Ithaca City School District with the School District being the sponsor in this case , for development of the DeWitt Active Recreation site . Ball fields , tennis courts , etc . are envisioned . Mrs . Restaino stated that we are working up the grant packages in the hopes that the School Board will make some sort of firm decision before the deadline May lst . Mrs . Restaino reported that an Environmental Assessment Form must be devised by the Town . For example , she stated , if a person were to be developing an area and such development might involve the changing of a dam or the changing of a stream , such developer has to file some sort of statement showing what type of damage they might do . The Town should con - sider what type of form it wants these people to fill out . She noted that we have a sample from the County which we can modify to our needs . ' She stated that such a form has to be adopted by the Town Board and this should make it much easier for people to render a statement by just giving them this form . She noted that then either Mr . Fabbroni or she will evaluate the statement supplied on the new form and the Planning Board would have such document before them . Mrs . Restaino stated that the devising of this form should be a future Planning Board agenda item . The Board asked that they be sent copies of any proposed form before the meeting at which it will be discussed . Mr . Fabbroni reported that there is a proposal in process for an Agricultural District in Tompkins County . He said that at this point it has been proposed to the State , he believes , as an Agricultural District and the Town and County have 30 days to respond in some way to this District that has been proposed . He noted that it does include the bulk of West Hill in the Town and he is not sure what the origin is of that large an area beyond the active farms . He stated that there are about Planning Board - 3 - March 21 , 1978 eight active farms that are shown in the land and a considerable amount of area outside of that are farmed . He noted that a lot of properties are included that are farmed but not owned by the farmer farming them . Mr . Fabbroni commented that it really ties up a person ' s land for eight years . Mr . Baker commented that he thought that one can get out of it any time for a penalty , i . e . , by paying the back taxes . It is to protect farmers from utilities costs . Mr . Fabbroni stated that the Town would like to be in a positive stance on the land that should be considered rather than having to go so far in the way of land involved that we have to be negative . REPORT OF THE PLANNING BOARD CHAIRMAN Mrs . Bronfenbrenner reported that Mr . Aron would like to be replaced on the Sign Ordinance Committee . She noted that Mr . May is the other Planning Board member on this Committee . Mrs . Grigorov volunteered to assume membership on the Sign Ordinance Committee with the agreement of the Board . APPROVAL OF MINUTES - JANUARY 3 , 1978 . MOTION by Mr . Henry Aron , seconded by Mr . Patrick Mackesey : RESOLVED , that the Planning Board Minutes of January 3 , 1978 , be approved as written . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Aron , Mackesey , Baker , Bradley , May , Stanton , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . PUBLIC HEARING : PRELIMINARY SUBDIVISION HEARING , PROPOSED 6 - LOT SUBDIVI - SION , EASTWOOD AVENUE , TOWN OF ITHACA TAX PARCEL #6 - 60 - 1 - 34 . 2 . Susan Owen ( Mrs . David ) presented a subdivision plan for land at the end of Eastwood Avenue ( in the City ) and in the general area of Slaterville Road and Eastwood Commons in the Town . A plan entitled " Lands of Archie and Vera C . Coggshall and William L . and Josephine Coggshall " , dated September 28 , 1970 , F . Donald McKee Licensed Surveyor , delineating the proposed subdivision was presented by Mrs . Owen . The proposal covers 4 . 58 acres of vacant land upon which are proposed 6 lots . facing on a turn - around . Access would be coming off from Eastwood Avenue . The smallest proposed lot is noted as lot # 6 and contains . 31 acres and is approximately 129 ' x 142 ' . Mr . Jerry Haas who was present with Mrs . Owen- and wenand is the owner of 1336 Slaterville Road which abutts proposed lot #6 stated that he wants lot #6 for his own purposes . He said that he has no plans for building upon it since it is undersized , but that someday it may be buildable , but for the present , he wants it to enlarge his own property . Mr . Fabbroni stated that the water would come from the City the way it is pictured on the plan before the Board . Mr . Fabbroni pointed out i Planning Board - 4 - March 21 , 1978 that should the Planning Board give final subdivision approval , the Town Board would have to request that these Pots be approved to be added to ,per the list of those properties outside the City served by City water under 1® the Agreement between .. the Town and the City . Mrs . Owen and Mr . Haas stated that ' they are planning to purchase this land from Coggshall dependent upon the subdivision approval . It was noted again that the accessiis from Eastwood Avenue to a turn - around fronting on the proposed lots and it was determined that the turn - around is large enough to permit truck manoeuvering . There was some dis - cussion about the size of lot # 6 and determined that it does not meet the requirements of R - 15 - - 15 , 000 sq . ft . Mr . Fabbroni suggested pushing the lot lines up for this lot and rounding the turn - around more to make lot # 6 a proper size . There was some discussion of the creek shown on the plan . Mr . Bradley commented that there is no drainage whatsoever on that hill and that the development should beldone very carefully . He said the developer should be very careful how much top soil is stripped off and how long it remains off . He noted that it is solid clay and there is just no percolation . There is probably about 6i ' to 8 " of top soil and then yellow clay . Mr . Aron asked what the developer would do if they cannot get water and sewer ? Mrs . Owen and Mr . Haas stated that they will not develop the land . Mrs . Bronfenbrenner asked for comments from the public in attendance . There were none . Mrs . Bronfenbrenner declared the Public Hearing closed at 8 : 17 p . m . Mrs . Bronfenbrenner asked for comments from the Board . Mrs . Grigorov stated that it seems like a good place for residential . development . Mr . Fabbroni stated that a drainage plan , a water and sewer plan , and the approval from the Health Department , and a survey of the lots can be presented at the time of consideration of final approval , should prelimin - ary approval be granted . Mr . Fabbronilalso stated that the easement for the Bolton Point water line should be shown on the water and sewer plan . Mr . May stated that he would likelto see a more detailed layout of the adjacent property owners with regard to drainage , particularly May , Schickel ' s Eastwood Commons , and King properties which are adjacent to this 4 . 58 acres and not delineated on thisplan presently before the Board . MOTION by Mrs . Liese Bronfenbrenner , seconded by Mrs . Carolyn Grigorov : RESOLVED , that the Planning Boardlof the Town of Ithaca grant and hereby does grant preliminary subdivision approval to a proposed 6 - lot subdivision , Eastwood Avenue , Town of (Ithaca Tax Parcel #6 - 60 - 1 - 34 . 2 , subject to the providing of engineering drawings of the water and sewer lines , of the road cross - section and specifications , detailed drainage plans particularly showing how it affects adjacent properties , and the increasing in size of lot #6 to meet R715 requirements , and further THAT said drainage plan show any necessary culverts and their size together with the easement for the Bolton Point transmission line . Planning Board - 5 - March 21 , 1978 There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Aron , Mackesey , Baker , Bradley , May , Stanton , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . PUBLIC HEARING : FINAL SUBDIVISION HEARING OF DEFOREST PARK , 10 - LOT SUB - DIVISION OF RUMSEY - ITHACA CORP . LAND ONIDUBOIS ROAD AND BACKLOT OF INDIAN CREEK ROAD AND BEING A PART OF TOWN OF I� THACA TAX PARCEL # 6 - 22 - 2 - 2 . 2 . = At 8 : 30 p . m . Chairman Bronfenbrenner declared the Public Hearing in the above - noted matter open and noted for the record the proper Affidavits of Posting and Publication . ( Secretary ' s Note : It should also be herein noted for the record that the proper Affidavits of Posting and Publication were presented for the Public Hearing just held in the matter of the proposed 6 - lot subdivision off Eastwood Avenue . ) Mr . Thomas Niederkorn appeared before the Board and stated that since the Board had met with him the last time and granted preliminary approval ( October 4 , 1977 ) the developer has dug holes on six of the lots and has submitted final drawings to the Health Department people and the DEC and approval on those is pending and expected in the usual time that it takes for such approvals to be forthcoming . He noted that specifications for sand filters , drainage areas , dispersion trenches are all shown on the ® plans before this Board at this time and also road profiles and cross - sections and check dams just as required by the Board at the preliminary hearing . He stated that there are check dams in three locations where the slope is sufficiently steep . Mr . Fabbroni was curious as to how; the engineer arrived at the choice of spacing for the check dams - - they appear every three hundred feet . Mr . Niederkorn said that the neat spacing was coincidental , the reason for placement was where the grade seems to be the steepest . Referring to the Road Profile drawing dated 2 / 28 / 78 by J . S . MacNeill , L . E . , Mr . Fabbroni stated that he would like to see two more check dams for a total of five and that the two beiplaced in between the ones that are depicted would be adequate . Referring to the plan before the Board entitled Subdivision Plat , 2 / 28 / 78 , J . S . MacNeill , L . E . , Mrs . Bronfenbrenner asked if this plan meets all the requirements that this Board set at the preliminary approval meeting . Mr . Fabbroni stated that it does . I Mr . Niederkorn noted that the developer has tried to pick a general location for the home site on each lot . , He stated that this was done also according to the Health Department requirements which require a certain amount of buildable area beingiavailable . Mr . Niederkorn stated that there is ample water available between 100 ' and 120 ' down and running about 20 gallons per minute . He said there will be an individual well on each site and that the Health Department has been satisfied that there is enough water . The lots run from 3 . 2 acres to 4 . 7 acres in size . i Mr . Fabbroni pointed out that there is no size of culverts shown on the drawing and further that they should be smaller that the culvert we have going on to the railroad and highway . Planning Board - 6 - March 21 , 1978 Mrs . Bronfenbrenner asked if there were comments from the public . There were none . Mrs . Bronfenbrenner declared the Public Hearing closed ® at 8 : 40 p . m . and asked for comments from the Board . There were none . MOTION by Mr . Patrick Mackesey , seconded by Mr . Bernard Stanton : RESOLVED , that the Planning Board of the Town of Ithaca grant and hereby does grant final subdivision approval of DeForest Park , Phase 1 , 10 - lot subdivision , lands of Rumsey - Itha'ca Corp . on DuBois Road and back - lot of Indian Creek Road , a portion of Town of Ithaca Tax Parcel # 6 - 22 - 2 - 2 . 2 , subject to the addition of two check dams for a total of five and the notation upon the plans here presented of the culvert sizes and that such culverts be of a smaller dimension than the presently existing culvert located at the railroad and highway , all, as described and approved by the Town Engineer , and further subject to the submission of official Health Department and Department of Environmental Conservation approvals . By way of comment , Mr . Fabbroni stated that he wished to reiterate his hopes that Mr . VanEpps pursue a second access at the end of Happy Lane to the lower land involved in Phase 2 of, this project . There being no further discussion , ' the Chair called for a vote . Aye - Bronfenbrenner , Aron , Mackesey , Baker , Bradley , May , Stanton , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . ® PUBLIC HEARING : RECONSIDERATION OF PROPOSED BUSINESS " F " AMENDMENT TO THE EXISTING TOWN OF ITHACA ZONING ORDINANCE . At 8 : 46 p . m . Chairman Bronfenbrenner declared the Public Hearing in the above - noted matter open and presented for the record proper Affidavits of Posting and Publication and Service by Mail of the Notice of Public Hearing upon the various neighbors . Chairman Bronfenbrenner stated to the Board that the Planning Board is under instruction from the Town Board to put together an amendment to the existing Town of Ithaca Zoning Ordinance that applies to the whole Town . Chairman Bronfenbrenner stated that the matter before the Board is the proposed Business District " F " amendment only and not the Monkemeyer development proposal . Attorney David B . Gersh asked the Board if it were their understanding that the Town Board ' s reason for the Planning Board ' s reconsideration of the proposed amendment to the ordinance , referred to as " Section 35B - Combination Residence - Business Districts ' F '" , and being the proposed amendment unanimously approved by the Planning Board on December 12th after both the Planning Board and Town Board had met jointly , is no longer applicable ? Mrs . Bronfenbrenner explained that , the Town Board has expressed its general feeling that the proposed amendment is too detailed and seems to apply just to one development , that being Mr . Monkemeyer ' s proposal for South Hill , and now wishes to see a proposal before them that is more general in nature and thereby applicable to the entire Town of Ithaca . Mr . Gersh expressed his confusion stating that it seems strange because the essence of the Town of Ithaca Zoning Ordinance is what the Town Board Planning Board - 7 - March 21 , 1978 itself has called a " shopping list " . He stated that he was confused by the feeling that the proposed amendment that we all have worked out is ® not applicable to the whole Town of Ithaca since it is identical to the manner in which other districts are set forth be they business or even residential wherein the uses are specifically stated . Mrs . Bronfenbrenner presented for the Board ' s consideration a draft of proposed wording for the Business " F " amendment as being reflective of the Town Board ' s wishes . Each member of the Board perused the draft at some length . Mr . Stanton stated that he was mostly concerned with what is on Mrs . Bronfenbrenner ' s list and what is in the one approved by this Board pre - viously . He expressed concern that if a use is not stated it means that such use is not permitted . Mr . Mackesey agreed and spoke to the nature of the existing zoning ordinance to which this proposal is an amendment . He noted that it is his understanding of our ordinance thatlif it is not written it cannot be done . Mr . Mackesey suggested that at this point there really should be another joint meeting of the Town Board and the Planning Board in order to determine how what the Town Board wants might fit with the present ordinance . There followed a lengthy discussion of the Town of Ithaca Zoning Ordinance being a " permissive " ordinance in that it delineates the uses in the various districts described . Mr . Fabbroni commented that this Business " F " District proposal for - ® amendment to the ordinance is much more restrictive as far as building coverage . Mr . Monkemeyer stated that he would be most willing to have gas station proposed for item 12 in section c . be required to be 300 feet from any combination residence - business structure instead of 200 feet , should that be a problem . Mrs . Bronfenbrenner asked for comments from the public . There were none . Chairman Bronfenbrenner declared the public hearing closed at 9 : 10 p . m . MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . Montgomery May : RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board of the Town of Ithaca approval of the proposed amendment to the Town of Ithaca Zoning Ordinance adding to said ordinance Section 35B Combination Residence - Business Districts " F " as unanimously approved by said Planning Board at its regular meeting of December 12 , 1977 , and as recommended to said Town Board for its . appr. oval , since the existing ordinance is permissive in nature and thereby requires delineation of uses within a district , with the one exception that paragraph " c . " " 12 . " shall read " Gasoline Sales Station and Garage for Repairs and Self - Service or Manned Gas Pumps , provided there shall be only one such use in a District " F " and further provided that such use shall be 300 feet from any combination residence - business structure . " There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Aron , Mackesey , Baker , Bradley , May , Stanton , Grigorov . Nay - None . Planning Board - 8 - March 21 , 1978 The MOTION was declared to be carried unanimously . MOTION by Mr . Henry Aron , seconded by Mr . James Baker : RESOLVED , if the recommendation as . just voted .upon _ . and carried unanimously is not approved by the Town Board that the Planning Board requests that the Planning Board is invited to a joint meeting with the Town Board to resolve any differences . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Aron , Mackesey , Baker , Bradley , May , Stanton , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . Montgomery. . May : RESOLVED , that the Resolution duly adopted by the Planning Board immediately prior to Mr . Aron ' s motion whereby said Planning Board recom - mended Town Board approval of the proposed amendment adding Section 35B to the existing Town of Ithaca Zoning Ordinance , be amended by the addition of the following preamble thereto : WHEREAS , the proposal for the addition of Section 35B Combination Residence - Business Districts " F " is identical in format to the manner in which Business Districts " A " , " B " and " C " are prescribed in the existing Town of Ithaca Zoning Ordinance , and WHEREAS , said proposed Business District " F " is an amendment to the existing Town of Ithaca Zoning Ordinance , and WHEREAS , said proposed amendment is to apply throughout the Town of Ithaca as do said Business Districts " A " , " B " and " C " , now , therefore , BE IT . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Aron , Mackesey , Baker , Bradley , May , Stanton , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . Patrick Mackesey : WHEREAS , the proposal for the addition of Section 35B Combination Residence - Business Districts " F " is identical in format to the manner in which Business Districts " A " , " B " and " C " are prescribed in the existing Town of Ithaca Zoning Ordinance , and WHEREAS , said proposed Business District " F " is an amendment to the existing Town of Ithaca Zoning Ordinance , and WHEREAS , said proposed amendment is to apply throughout the Town of Ithaca as do said Business Districts " A " , " B " and " C " , now , therefore , BE IT RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board of the Town of Ithaca approval of the proposed amendment to the Town of Ithaca Zoning Ordinance adding to said ordinance Section 35B Combination Residence -Business Districts " F " Planning Board - 9 - March 21 , 1978 as unanimously approved by said Planning Board at its regular meeting of December 12 , 1977 , and as recommended to said Town Board for its ® approval , since the existing ordinance is permissive in nature and thereby requires delineation of uses within a district , with the one exception that paragraph " c . " " 12 . " shall read " Gasoline Sales Station and Garage for Repairs and Self - Service or Manned Gas Pumps , provided there shall be only one such use in a District " F " and further provided that such use shall be 300 feet from any combination residence - business structure . " There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Aron , Mackesey , Baker , Bradley , , May , Stanton , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . Mr . Gersh now referred to his letter of March 14 , 1978 , to Chairman Bronfenbrenner in re Evan Monkemeyer , wherein in accordance with Section 281 of the Town Law he made written application on Mr . Monkemeyer ' s behalf , as his attorney , for the use of the cluster procedure for the development of the approximately 31 acres of Mr . Monkemeyer ' s land rezoned from R- 30 to R - 15 by the Town Board at its March 13th , 1978 , public hearing . Mr . Gersh ' s letter requested that the Planning Board be so kind as to schedule this matter for their consideration . Chairman Bronfenbrenner agreed that this matter shall be an agenda ® item for Planning Board consideration as soon as possible . Attorney Gersh and Mr . Monkemeyer expressed their thanks to the Board for their thoughtful consideration . PUBLIC HEARING : SITE PLAN REVIEWS FOR SELF - SERVICE GAS AND PHOTO KIOSK AND KEY SERVICE AND COPY SERVICE AT EAST HILL PLAZA , TOWN OF ITHACA TAX PARCEL 6 - 62 - 2 - 1 . 2 . At 9 : 20 p . m . Chairman Bronfenbrenner declared the Public Hearing in the above - noted matter open and presented for the record proper Affidavits of Posting and Publication and Service by Mail of the Notice of Public Hearing upon the various neighbors . The Secretary presented a Memo to the Chair and the Board from Mr . Knowlton explaining why he was unable to attend this meeting . Mrs . Bronfenbrenner noted that Mr . Knowlton was stuck in Sharon Pa . because of two automobile breakdowns en route from Boulder , Colorado . Mrs . Bronfenbrenner read the following from Mr . Knowlton ' s message : " Mr . Knowlton apologizes most profusely for the inconvenience caused the Board by this unfortunate set of circumstances . He asked me to convey the following message to the Planning Board : 1 . The Business " D " zone runs up into his property on the Judd Falls Road side . 2 . Rather than further complicating the matter with another hearing he will use just the " D " zone for a free - standing gas unit only , self - service , two islands with two pumps each and small enclosure for attendant , all covered with a canopy . 3 . He will have the actual plan for the above attached to a Building Permit Planning Board - 10 - March 21 , 1978 application and submit it to Mr . Fabbroni next week . Again , Mr . Knowlton expressed his apologies and dismay at his inability to attend tonight ' s meeting . " Mrs . Bronfenbrenner stated that Mr . Knowlton ' s message notwithstanding , under Section 46A of the Town of Ithaca Zoning Ordinance any development of a Business District must have site plan approval from the Planning Board . Dr . Frank Baldwin asked from the floor how this information on the size of the Business " D " district in this area came out . Mrs . Bronfenbren - ner explained that since the last meeting on the two proposals for gas I slands at this corner it has been determined that the Zoning Schedule is erroneous and further that the amendment to the ordinance creating this Business " D " zone clearly shows the size and location of same ( Opinion , Town of Ithaca Zoning Board of Appeals , March 10 , 1978 ) . Chairman Bronfrenbrenner stated that upon due and proper considera - tion of traffic , drainage , Health Department approval , etc . , any request for development that meets all requirements of the zoning ordinance has the right to be considered in a positive and objective manner for approval and a developer has a right to develop his land at such time as the requirements are met . There being no further comment from the floor or the Board , Chairman Bronfenbrenner declared the Public Hearing in the above - noted matter adjourned sine die . ® PUBLIC HEARING : SITE PLAN REVIEWS FOR SELF - SERVICE GAS ISLAND AND CON - VENIENCE GROCERY STORE AT NORTHEAST CORNER OF JUDD FALLS ROAD AND ELLIS HOLLOW ROAD , TOWN OF ITHACA TAX PARCEL 6 - 62 - 2 - 1 . 13 . At 9 : 30 ... p .. m . Chairman Bronfenbrenner declared the Public Hearing in the above - noted matter open and presented for the record proper Affidavits of Posting and Publication and Service by Mail of the Notice of Public Hearing upon the various neighbors . Mr . Goldfarb stated before the Board that the proposal here presented is the same as it has been heretofore presented with the exception that , at the suggestion of the Zoning Board of Appeals which met on the matter on March 10 , 1978 , he has divided the property ( . 995 acres ) into two parcels . Mr . Fabbroni described the resolutions adopted by the Zoning Board of Appeals of which a copy of the Minutes had previously been mailed to the Planning Board and a copy of which is attached to the Official Minutes of this meeting . Mrs . Bronfenbrenner asked Mr . Fabbr• oni to speak to the matter of the impact upon the proposal by Mr . Goldfarb of the proposed relocation of Pine Tree Road and the proposed road from Ellis Hollow to Route 366 . Using the blackboard , Mr . Fabbroni pictured thereon the proposals and stated that there is serious discussion in a short term to relocate Pine Tree Road 1 , 000 feet and then in the longer term a road to pick up with Route 366 and Caldwell Road . The proposed road runs into Pine Tree Road very near Snyder Hill Road . He stated that the portion from Snyder Hill Road to Ellis Hollow Road could be accomplished within two years . Mr . May asked what kind of landscaping Mr . Goldfarb envisioned . Mr . Planning Board - 11 - March 21 , 1978 Goldfarb stated that the front area would be for the most part grass and contain low - lying shrubbery . He noted that he did not want to block the ® view . Mr . Goldfarb commented that he was a little disturbed about the inaccuracy of the maps involved herein . Mr . May stated that he was very concerned about the hazards of this intersection . He described the intersection at some length and in terms of its many problems with site distance , with negotiation of the off - set cornering , etc . Mr . Goldfarb stated that that is the reason why he has designated an entrance only off Ellis Hollow Road . Mr . David Cassel , referring to the Ellis Hollow Road entrance , and stated that he agreed entirely with Mr . May and noted that unless there is some way to avoid left turns into this proposed gas service and grocery store there is a very hazardous situation . Mr . Cassel suggested that there be no entrance off Ellis Hollow Road until the road change that Mr . Fabbroni has informed us of is made . He suggested that when Pine Tree Road is moved , the entrance could then be opened up . Mr . Goldfarb countered that suggestion and pointed out that it has been discussed upon several occasions with the Planning Board here that when Pine Tree Road is straightened up , then that entrance could become both an entrance and an exit . Mr . Goldfarb stated that he feels strongly that he must have an entrance on Ellis Hollow Road . Mr . Bradley suggested channelizing the entrance so that there is no ® left turn feasible at all . only the right turn into the property which is really what Mr . Goldfarb is interested in anyway . Dr . Baldwin questioned when there may be substantial reasons for disapproving a plan for a permitted use in a zone when the requirements of the ordinance are met . Mrs . Bronfenbrenner explained about the difficulties of the Judd Falls / Ellis Hollow corner . Dr . Baldwin asked if this is not a substantial reason for disapproval . Mrs . Bronfenbrenner explained that several developers have presented plans for this site including Mr . Goldfarb who had also presented plans for a full - service gas station at one time , and each had been discouraged by this Board . However , Mr . Goldfarb ' s plan has met the many constraints put upon him by the Board with this present plan . Mr . Cassel asked if there were any architectural drawings of the proposed building and island . Mr . Goldfarb presented preliminary plans for the proposed convenience - type grocery store . He stated that it would be wood frame , single story . It has an irregular shape but measures approximately 70 ' x 40 ' and contains approximately 2 , 150 sq . ft . It would have a shingle roof , Mr . Fabbroni noted that the way the building is described would require shifting it on the site plan about 51 . Mr . Aron commented that the building is quite attractive looking . Mr . Mackesey and Mr . Stanton agreed . Dr . Baldwin asked about any proposed signage . Mr . Goldfarb stated that he is aware of the Town of Ithaca Sign Ordinance ., He stated that he will be submitting the proper application for signage and will meet the requirements of the ordinance . Mr . Fabbroni commented that he and Planning Board - 12 - March 21 , 1978 Mr . Bonnell and Mr . Goldfarb would have to look at the location before ® Mr . Goldfarb could submit his sign permit application . Mr . May repeated his concern with traffic at this corner . Mr . Goldfarb stated that this is what we have discussed at several meetings and this is what all the Board suggested he come up with . Mr . Goldfarb said that he thinks that people look at this area as being out in the country and that having some building there will help people ' s awareness of other people . Mr . Mackesey agreed that Mr . Goldfarb had designed his proposal to meet all the requirements of the Board . At the same time , but separately , both Mr . Fabbroni and Mr . Aron suggested a change in the alignment of the Ellis Hollow Road entrance which would eliminate almost entirely the possibility of a left hand turn into the gas island and store . Mr . Mackesey stated that he felt also that people do look at this area as the breakpoint of being out in the country and put on the gas . Chairman Bronfenbrenner asked if there were any further comments from the public . There were none . At 10 : 17 p . m . the Chair declared the Public Hearing closed . Mrs . Bronfenbrenner asked if there were any further comments from the Board or if a motion were in order . Mr . Goldfarb stated that because of unforeseen delays on the part of all of us , he would respectfully ask the Board not to present any further delays because of the coming on of good weather . Mr . Mackesey asked Mr . Goldfarb if he can live with the entrance off Ellis Hollow Road as suggested by Mr . Fabbroni and Mr . Aron , Mr . Goldfarb stated that he could most definitely . Mr . May asked Mr . Goldfarb if he could live with no entrance at all off Ellis Hollow Road until the road is moved . Mr . Goldfarb stated that he could not . Mr . Mackesey stated that in many previous discussions this Board has asked Mr . Goldfarb to come back with this plan this way and now this Board is still having questions about Ellis Hollow Road . Mr . Aron agreed that Mr . Goldfarb has met all the requirements and suggestions of both the Planning Board and the Zoning Board . Mr . Aron added that he would also. . , . :; ask if Mr . Goldfarb could put in a " no left turn " sign on his property . Mr . Goldfarb stated that he definitely could and added that there will definitely be a " No Exit " sign on his property . It was stated that the Dept . of Transportation might entertain a " no left turn " sign on the road itself . MOTION by Mr . Henry Aron , seconded by Mr . Bernard Stanton : RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board approval of the site plans for parcels designated " D " and " C " for self - service gas island and convenience grocery store at northeast corner of Judd Falls Road and Ellis Hollow Road , Town of Ithaca Tax Parcel 6 - 62 - 2 - 1 . 13 as presented by Mr . Mark Goldfarb , owner and developer , on this date , March 21 , 1978 , subject to the following : 1 . That the convenience grocery store building shall be at least 20 feet from any lot line ; Planning Board - 13 - March 21 , 1978 2 . That the entrance from Ellis Hollow Road be constructed as a restricted entrance only from said Ellis Hollow Road as approved by the Town Engineer to encourage right turn entrances only ; 3 . That parcel numbers be assigned by the Tompkins County Assessment Department to said Parcels ' ' D " and " C " ; 4 . That there be granted approval by the Tompkins County Highway Department for the size of the driveway culverts ; 5 . That there be granted approval from the Tompkins County Health Depart - ment ; and , further BE IT RESOLVED , that with specific regard to the pump islands that said pump islands be completely removed together with underground gas tanks within six months after the ceasing of business permanently . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Mackesey , Baker , Bradley , Aron , Stanton . Nay - May , Grigorov . The MOTION was declared to be carried six to two . ADJOURNMENT Upon Motion , the Meeting was declared to be adjourned at 10 : 41 p . m . Respectfully submitted , Nancy M . Fuller , Secretary . i . i ® Mark Goldfarb 409 Lake Street Ithaca , New York 14850 March 14 , 1978 '1 Mrs . Lisa Bronfenbrenner , Chairwoman Planning Board , Town of Ithaca 126 E. Seneca Street Ithaca , N. Y . * 14850 Dear Mrs . Bronfenbrenner . Enclosed , please find a copy of the site plan that was submitted with my application for a building permit last month.' I have now included the line , as suggested by the Board of Zoning Appeals , to divide the lot into two parcels ; tine zoned " D " , the other zoned " C " . I would also like to request that two separate building .:, permits be issued ; one for each parcel. This might avoid further problems and delays . In view of the fact that we have all encounter Ied unexpected delays in this matter , and that the weather is now becoming more cooperative for construction , I would sincerely appreciated' the Board ' s prompt response . i Thank you for the time you have all spent on this proposal. Sincerely , Mark Goldfarb MG /m c Enc . . p 3 , () . 1 1p EAST ILL. PLAZA P A . � arki�9 to t � :�. parse / cliwls on Ne I 4 r , b _ram r„j `Q Y . 0 i '�' � ' - PUMPS ` i � ► i ev C9N op y .Q B/I R FL C ; ; ltxm $ARNES • v, mss , -n �, 0 . NO:1, 7tH: rat -SCALE ty0 ' . LOT SIZE 499SACP lOTA 'Dr 0 6. AC ~� • : . y 19C p�NE -rte rx /2 l EAST HILL. PLAZA CParking lo t b ? parcel c1i'visivn Mw • . yam _ V f , v � Vis, � © ;a, 7 , t � • _ _ , iso � PuMPs � t ' i C9NDAy � PARCEL "DJC '`� V 4 Pig C ~ ;+ i %N v Af Y ° BA RNES mss , 1 J rat Q� - L.OT S. ] . 995 AC.. +T'DiA L .'DJ- : , . 6. AC E JN rr dt zo. MEMORANDUM TO : Liese Bronfenbrenner , Chairman and ® Members of the Planning Board FROM : Nancy Fuller RE : Stewart Knowlton ( Groff Assoc . ) Proposal East Hill Plaza DATE : March 21 , 1978 Mr . Knowlton telephoned from Sharon , Pennsylvania , where he is stuck because of TWO automobile breakdowns en route to Ithaca from Boulder , Colorado . His own personal car broke down in Indiannopolis , Indiana , whereupon he rented a car which died a horrible death in Sharon , Pa . He tried to charter an airplane to get him to Ithaca in time for tonight ' s meeting and could not . He is forced to stay in Sharon , Pa . and pick up another rental car and drive back to Indiannapolis to retrieve his own car which should be repaired by that time - - he hopes . Mr . Knowlton apologizes most profusely for the inconvenience caused the Board by this unfortunate set of circumstances . He asked me to convey the following message to the Planning Board : 1 . The Business " D " zone runs up into his property on the Judd Falls Road side . 2 . Rather than further complicating the matter with another hearing he will use just the " D " zone for a free - standing gas unit only , self - service , two islands with two pumps each and small enclosure for attendant , all covered with a canopy . 3 . He will have the actual plan for the above attached to a Building Permit application and submit it to Mr . Fabbroni next week . Again , Mr . Knowlton expressed his apologies and dismay at his inability to attend tonight ' s meeting . RE : Rezoning , S . W . Barnes , ' R- 30 . to Business " C " and "D " RESOLUTIONS of the TOWN BOAI?D , TOWN OF ITIVXA t liTMHEAS application has been made by Stephen William Barnes of 1006 Ellis Hollow Toad for the Rezoning of the westerl 2D.-.-17'Ce? Acres or so of his farm at the northeast corner of the Judd Palls Road—Ellis Hollow Road intersection , from R- 30 to Business uses ( asking that some 25 Acres thereof be zoned Business " C " , and 2 small parcels of approximately 0 . 85 Acres each to be zoned ; Business " D " ) ; AICD ly"HEF ES such application was initiated on or abou August 6 , 1968 by application to the Town of Ithaca Planning Board pursuant to Article IX , Section 46 of the Zoning Ordinance as amended , re -enacted and re -adopted in 19680 ( such original application having also requested rezoning to Multiple Residence the easterly 18. 3 Aeree of said farm , but such request having $ been subsequently withdrawn ) ; and the Planning Board having duly held a Public Hearing thereon on the 13th day of August 1968 , , following a Notice thereof published on the 7th day of August 1968 ; i AIM SAID PLANNING BOARD having by Resolutions filed August 21 , 1968 with the Town Clerk unanimously recommended such rezoning subject to its suggestion that the proposed gasoline service station Zone " D " at the road intersection be relocated northerly along Judd Falls Road adjacent to the other proposed " D " Zone to avoid cross — traffic at the intersection ; and further recommending that the developer and others work with the Totm and County to obtain the realignment of the . south end of Judd Falls Road westerly so that it would meet the Ellis Hollow Road at more nearly a right angle , and to obtain the realignrsent Of the northerly end of Pine Tree Road easterly , so that it also would meet the Ellis Hollow Road ( a/k/a Mitchell Street Extensio ) at a. right angle ; and the Planning Board having also found the application to be in complete harmony with Zoning Ordinance Section 78 criteria for such a change ( i . e . , that need exists for such a zone in this location , that it will not adversely affect existing and probable future character of the neighborhood , and that it accords with a comprehensive plan of development of the Town -- this precise location having been listed on Planning Board maps for the last 10 years or so as a satisfactory site fol a needed business and service zone in this area ) ; 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 P1_ 4nning 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 Businesst� "D " use to meantime con— f stitute zone ( s ) for permissible Business +' C_" uses ) , this excepted parcel being particularly described as follows . Beginning at the point of intersection of the center line of the Judd Falls South Road with the center line of the Ellis Hollow Road , and running thence northerly and northwesterly along the center line of said Judd Falls South Road 549 .5 feet to a point which 315 feet southeasterly` along said highway center line from . the north— west corner of the Stephen W . Barnes property ; thence north 780 east ' 180 feet to a point ; thence -Wo.uth, 120 east , at right angles to the last mentioned course 520 feet more or less to a point , h30bOS ',. : swest 180 feet more or less to a point in the center line of the Ellis Hollow Road , such course passing through ' a pin set in the northerly line of said roadway ; thence north 580 52 ' west along the center line of the Ellis Hollow Road 154 . 85 feet to the point of beginning ; oontaining 2 . 65 Acres more or less . FURTMM , in the event that the southerly portion of Judd Falls Road' South is hereafter relocated westerly to a more nearly right angle or otherwise improved intersection with Ellis Hollow Road , as recommended , resulting in a gore of land between the west line of this rezoned property and such realigned road , the Business "D " District hereby oreated , subject to Business " C District utilisation , as aforesaid , shall be automatically ex— tended we & rly to - such realigned road upon receipt by the Town Clerk of a written consent thereto from the owner of . any such rewo sultant gore of land , the intention hereof being to maintain SUCIL Business " D " District adjacent to said road ; but any development y thereon shall also be subject to Planning Board approval under Section 46 ( a ) of the Zoning Ordinance . THIS AT(,rMMIENT shall take effect ten ( 10 ) days after the posting and publication hereof as required by Section 265 of the Town Law . ( B ) AICD BE IT FLIRT RESOLVED , that the foregoing Resolution shall constitute the Ordinance necessary to establish the foregoing Diat-ict and to amend the zoning map all for the purposes hereby intended , and` that a copy thereof ( omitting the preamble hereto ) shall be posted on the official sign board mainm PLANNING/ ENVIRONMENTAL RESEARCH CONSULTANTS 310 W. STATE STREET ITHACA NEW YORK ® 607 • 273 • 8280 14850 March 9 , 1978 Mr . Lawrence P . Fabbroni Town Engineer Town of Ithaca 126 East Seneca Street Ithaca , New York 14850 Dear Larry : Submitted herewith are two copies of the Final Plat of the DeForest Park subdivision . Other copies have been submitted for review and approval to the Tompkins County Health Department and the State Department of Environmental Conservation . It would be very helpful if the Planning Board could proceed with its final ® review concurrently with the Health Department . We understand , of course , that approval by the Planning Board would have to be subject to final Health Department approval and that the Plat could not be signed or filed until the Health Department approval was obtained . When such approval is received , however , we want to be able to file as quickly as possible . Thank you . Very truly yours , PLANNING / ENVIRONMENTAL RESEARCH CONSULTANTS Thomas Niederkorn TN : bj Enc . - 2 s AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA , N . Y. I , Edward L . BerFren � , being duly -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 to be held by Town of Ithaca Planning Board on Tuesda$ ,' March 21 , 1978 , commencing at 7 : 45 p . m . , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , New York , as per attached . , .cation of sign board used for posting : Front Entrance to Town Hall Date of Posting ; March 14 , 1978. Date of Publication : March 16 , 1978 and L . Bergen - Town Clerk - Town of Ithaca State of New York County of Tompkins SS . Town of Ithaca Sworn to before me this 16th day of March , 19 78 • /�� i��- NOTARY GERTRUDE H. BER: 1 Notary Pubiic, State of New York No, 55-5278725 Cou Qualified it TMar d . 'berm Expires March 309 19� 26 1THACA JOURNAL Thursday, March -16, _ 1y78 J L _ DEADLINE FOR LEGAL ADVERTISING TUESDAY thru .FRIDAY 12 NOON, 2 days ' BEFORE publication Saturday and Monday 16 : 00 A.M. 2 days BEFORE publication. 1 : I 1 Legal Notices "March-1_6,_1978 Q 1 / r TOWN OF ITHACA PLANNINGSend: ! BOARD Add It NOTICE OF PUBLIC HEARINGS f,rSt-t it TUESDAY, MARCH 21, 1978 ey Direction of the Chairman of Send ', •,d the Planning Board, NOTICE', IS 17 HEREBY GIVEN that Public MARK Hearings will be held by the Plan- , ningBoard oftheTownoflthacaon 3 Tuesday, March 21, . 1978, in Town Pane -� Hall, 126 .East Seneca„Street ( sec—ond floor ); • Ithaca, N :Y., at the .following times and on the follow- ing matters : 232 7 : 45 P.M. Preliminary Subdivision NY i Hearing, Proposed 6-Lot Sub- ORES I division, Eastwood Avenue, Town . iof Ithaca Tax Parcel 6-60- 1 -34.2. INUM' 8 : 00 P.M. Final Subdivision Hear- LOON ing ,of DeForest Park, 10-Lot 'Sub- division of Rumsey- Ithaca Corp. on if landonDuBois RoadandbacklotofdteS: Indian Creek Road and being a ' part of Town of Ithaca Tax Parcel all 6-22.2-2:2. 8 : 15 P.M. Reconsideration of Pro- ;MER posed Business " F " amendmentto : path the existing Town of Ithaca Zoning 107; Ordinance. . 106; 8 : 45 P.M. . Site Plan Reviews for Self-Service Gas and Photo Kiosk 105 and Key Service and Copy Service 126 at East Hill Plaza, Town of Ithaca Tax Parcel 6-62-2-1 .2. 9 : 15 P.M. Site Plan Reviews for ARE. Self-Service Gas Island andConve• crimj nience Grocery Store at Northeast Com, cornerofJudd Falls RoadandEllis —J Hallow Road, Town of Ithaca Tax DES � - Parcel 6.62-2- 1 . 13. -furni Said Plannimg Board will at said Sold, times and .said place hear all per- — sons in support of such matters or ELE i objections thereto. Persons may safe I appear by agent or in person. Yam Edward L. Bergen Inn, l ' Town Clerk -- -.Town of Ithaca FLY Dated : March 140 1978 . Floe' Publish : March 16, 1978 - 2 pe, I TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS ® TUESDAY , MARCH 21 , 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 , March 21 , 1978 , 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 . Preliminary Subdivision Hearing , Proposed 6 - Lot Subdivision , Eastwood Avenue , Town of Ithaca Tax Parcel 6 - 60 - 1 - 34 . 2 . 8 : 00 P . M . Final Subdivision - Hearing of DeForest- Park-;-- 10 - Lot . Subdivision of Rumsey - Ithaca - Corp . -land - on DuBois. Road - and backlot of Indian Creek Road and being a part of Town of Ithaca Tax _ Parcel 6 - 22 - 2 - 2 . 2 . 8 : 15 P . M . Reconsideration of Proposed Business " F " amendment to the existing _Towft - of Ithaca= , Zoning - Ordinance . 8 : 45 P : M . Site : Plan Reviews _for - Sel--f= Service -' Gas and =- Photo Kiosk and - -- - ' Key Service and - Copy Service at East - H.il-1 Plaza -, --� Towh of - Ithaca.- Tax Parcel 6 - 62 - 2 - 1 . 2 . 9 : 15 P .- M . Site Plan Reviews for Self - Service Gas Island and Convenience Grocery Store at Northeast corner of Judd . Falls Road and Ellis Hollow Road , Town of Ithaca Tax Parcel 6 - 62 - 2 - 1 . 13 . Said Planning Board will at said times and said place hear all persons - in support - of such-= : matters - - or objections thereto -. Persons - may , appear ersons - may- appear by agent or in person . Edward L . Bergen Town Clerk Town of Ithaca Dated : March 14 , 1978 Publish : March 16 , 1978 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) SS : COUNTY OF TOMPKINS ) Nancy Me 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 , New York . That on the 15th day of March , 1978 , deponent served the within Notice upon : Groff , Lynch & Knowlton Evan Monkemeyer 240 E . Mill St . 123 E . King Rd , Horseheads , NY 14845 Ithaca , NY 14850 George Ideman Sharon Staz 946 Mitchell St . 117 E . King Rd . Ithaca , NY 14850 Ithaca , NY 14850 E . A . I . Co -Op , Inc . Edward Whitlock Box 518 115 E . King Rd . Ithaca , NY 14350 Ithaca , NY 14850 Scott Anderson & Ken Wormser Fred Stolz 1876 Judd Falls Rd . 113 E . King Rd . Ithaca , NY 14850 Ithaca , NY 14850 Lynch , Groff & Knowlton Robert Pedecs 302 W . Mill Ste 111 E . King Rd . Horseheads , NY 14845 Ithaca , NY 14850 Dr , Harold Purdy Edward Barnett 1350 Ellis Hollow Rd . 107 E . King Rd . Ithaca , NY 14850 Ithaca , NY 14850 Paul R . Ridley Sam Peter 1022 Ellis Hollow Rd . 1083 Danby Rd . Ithaca , NY 14850 Ithaca , NY 14850 Ken Wormser & Scott Anderson Ali , Gerber , Pappas & Cox 421 Nelson Rd . ( Mat Assoc . ) Ithaca , NY 14850 Gridley Bldg , Syracuse , NY 13202 David Cassel 152 Pine Tree Rd . M . Elaine Potter Ithaca , NY 14850 208 Bald Hill Rd . Spencer , NY 14883 Stewart Knowlton Box 414 Salino Windsor , NY 13865 1080 Danby Rd . Ithaca , NY 14850 NI . Goldfarb & We Norton 409 Lake St . Judith Meier Ithaca , NY 14850 1060 Danby Rd . Ithaca , NY 14850 Herbert Monkemeyer 8421 Chapin Parkway Rose Gostanian Monkemeyer Jamaica , NY 11432 1059 Danby Rd . Ithaca , NY 14850 Evan Monkemeyer 1059 Danby Rd . Robert Farley Ithaca , NY 14850 1050 Danby Rd , Ithaca , NY 14850 Lenora Ann Monkemeyer 719 Livingstone Ave . Homer Palmer Syracuse , NY 13200 1005 Danby Rd , Ithaca , NY 14850 Sidney Gilbert 277 Esplanade Dr . Rochester , NY 14600 i William E . Harding Carlton Wood Day.id . B . Gersh . , Esq . 993 Danby Rd . 981 Danby Rd . 300 N . Tioga St . Ithaca , NY 14850 Ithaca , NY 14850 Ithaca , NY 14850 Edward F . Bennett Savino Ferrara 989 Danby Rd . 979 Danby Rd , Ithaca , NY 14350 Ithaca , NY 14850 Angelo Petito Helen Blauvelt 985 Danby Rd . 977 Danby Rd . Ithaca , NY 14850 Box 13 Ithaca , NY 14850 Carlo Petito 983 Danby Rd . Emil Policay , Director Ithaca , NY 14850 Buildings and Properties Ithaca College 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 . '�ZA Nan y M . F ller Sworn to before me this 15th day of March , 1978 . Notary Public GERTRUDE H. BERGF14 Notary Public, State of New 1049 No. 55-5278725 Qualified Expires Main rch 30kins C1 `�3 c� Term Exp Le BRONFENBRENNER 108 MC INTYRE PLACE ITHACA, NEW YORK 14850 March 9 , 1978 Peter K . Francese Chairman Zoning Board of Appeals 501 Warren Road Ithaca , NY 14850 Dear Peter : I hope this letter reaches you before the Zoning Board of Appeals meeting to dicuss the Planning Board ' s request for an interpretation of # 35 of the Zoning Ordinance . We would also like to have an interpretation on the following which is at the top of page 4 of the Town Board paragraph rezoning resolution for the Barnes property , dated 9 / 9 / 1968 : . . . . is hereby established as a Business " D " District , to the extent only that the Town of Ithaca Planning Board shall hereafter , pursuant to Section 4 .6 ( 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 ) . . . . Does this mean both " C " and " D " uses are permitted in the described " D " zone or only either one ? t i Vi e ely� E Li r-on enbrenner f I I i TOWN OF ITHACA 126 EAST SENECA STREET ITHACA, NEW YORK 14850 March 1 , 1978 . Mr . Peter K . Francese ; Chairman Zoning Board of Appeals 501 Warren Road Ithaca , NY 14850 Dear Mr . Francese : On February 28 , 1978 , the Planning Board of the Town of Ithaca resolved by unanimous vote of the six members present to request from the Zoning Board of Appeals an interpretation of Section 35 of the Town of Ithaca Zoning Ordinance , which reads as follows : " SECTION 35 . Business Districts " D " . Permitted uses in a Business District " D " shall be the following : 1 . Gasoline sales station or garage for repairs , provi - ded that all servicing of vehicles shall take place on pri - vate property , and that no repair work , except short - term emergency repairs , be carried on out - of - doors . Such uses are subject further to Section 71 and Section 54 . " ( " SECTION 71 . Public Garages and Gasoline Sales Stations . 1 . No part of any building used as a public garage or gasoline service station and no filling pump , lift or other service appliance shall be erected within 25 feet of any Residence District or in any required side yard . 2 . No gasoline or oil pump , no oiling or greasing mecha - nism and no other service appliance installed in connection with any gasoline sales station or public garage shall be within 15 feet of any street line or highway right of way line , and when so installed shall not be a violation of front yard requirements specified elsewhere in this ordinance . " ) ( " SECTION 54 . Alterations . No non - conforming building or use shall be extended except as authorized by the Board of Appeals . " ) It was noted by the Planning Board members that Section 35 of the Zoning Ordinance appears to differ from the other Business Districts in that Section 35 seems not to incorporate those uses delineated in Business " A " , " B " , and " C " whereas the Zoning Schedule states , apparently erroneously , that any use permitted in Business " A " , " B " , " C " is permitted in Business " D " . It is clear that Residential Districts incorporate the uses of one into the other next restrictive . The Planning Board members recognize that the Zoning Schedule is described as " For Convenience Only - Not Official " . Chairman Peter Francese - 2 - March 1 , 1978 There are two proposals presently before the Planning Board , scheduled for continued hearing on March 21 , 1978 , both in the area of the East Hill Plaza , corner Judd Falls Road and Ellis Hollow Road , and both involving a self - service gas island com - bined with another business use . One is proposed for location in a presently zoned Business " D " District and the other is proposed for location in a presently zoned Business " C " District . The owner and developer of the property presently zoned Business " D " wishes to add a Business " C " use to the already permitted Business " D " use ; the owner and developer of the property presently zoned Business " C " wishes to add a Business " D " use to the already per - mitted Business " C " use . It was the consensus of the Planning Board that Section 35 was reflective of the period in which it was written , circa . 1960 , when gasoline stations encompassed the range of full service , pro - viding hoists , grease racks , car wash , tire sales and service , mechanic ( s ) , etc . , and thereby does not recognize the present - day self - service gas island in conjunction -with . another commercial use which has evolved ; apparently as a result of oil companies no longer supporting . full service facilities . Upon other occasions when the Planning Board --has asked the Zoning Board of Appeals for an interpretation - of the - Zoning - Ordi - nance , the Board of Appeals having expeditiously replied , a legally advertised public hearing has not been required or held , �. only an open general meeting of the Board of Appeals publicized through the media- -in the usual manner . The Planning ; Board : -respectfully requests % - that _jthe Board--of Appea-ls- -,consider - 'this matter at their - earl-i-est = -convenience -: rn order - .t-hat .the , Planning Board - may . _be in a -- position to consider- these two proposals scheduled for continued hear-ing on March 21 , - 1978 . I Sincerely yours Liese Bronfenbrenner , Chairman Town of Itha�da Planning Board _. of cc - Members of the Board of Appeals Members of the Planning Board Members of the Town Board TOWN OF ITHACA ZONING BOARD OF APPEALS SPECIAL MEETING MARCH 10 , 1978 A special meeting of the Town of Ithaca Zoning Board of Appeals was held on Friday , March 10 , 1978 , in Town Hall , 126 East Seneca St . , ( second floor ) , Ithaca , NY , at 5 : 00 p . m . PRESENT : Chairman Peter Francese , Edward King , Edward Austen , Jack Hewett , Joan Reuning , Lawrence Fabbroni ( Building Inspector ) . • ALSO PRESENT : Mr . and Mrs . Mark Goldfarb , Dan Cummings ( WTKO ) . The meeting was opened by the Chair at 5 : 10 p . m . INTERPRETATION OF SECTION 35 , BUSINESS DISTRICTS " D " . The matter before the Board pertained to a request from the Planning Board for an interpretation of Section 35 of the Town of Ithaca Zoning Ordinance , as set forth in . a - letter dated March 1 , 1978 , to said Zoning Board . from said Planning Board , as follows : " On February 28 , 1978 , ' the Planning Board = of the Town of Ithaca resolved by unanimous vote of the six members present to request from the Zoning Board of Appeals an interpretation of Section 35 of the Town of Ithaca Zoning Ordinance , which reads as follows : ' SECTION 35 . Business Districts " D " . Permitted uses in a Business District " D " shall be the following : 1 . Gasoline sales station or garage for repairs , provided that all servicing of vehicles shall- take place on -private property , and that no repair work , except— short - term emergency repairs , be carried on out - of - doors . Such uses are subject further to Section 71 and Section 54 . ' ( ' SECTION 71 . Public Garages and Gasoline Sales Stations , 1 . No part of any building used as a public garage or gasoline service station and no filling pump , lift or other service appliance shall be erected within 25 feet of any Residence District or in any required side yard . 2 . No gasoline or oil pump , no oiling or greasing mechanism and no other service appliance installed in connection with any gasoline sales station or public garage shall be within --15 feet of any street line or highway right of way line , and when so installed shall not be a violation of front yard requirements specified elsewhere in this ordinance . ' ) ( ' SECTION 54 . Alterations . No non - conforming building or use shall be extended except as authorized by the Board of Appeals . ' ) It was noted by the Planning Board members that Section 35 of the Zoning Ordinance appears to differ from the other Business Di.stricts in that Section 35 seems not to incorporate those uses delineated in Business " A " , " B " , and " C " whereas the Zoning Schedule states , apparent - ly erroneously , that any use permitted in Business " A " , " B " , " C " is Zoning Board of Appeals - 2 - March 10 , 1978 permitted in Business " D " . It is clear that Residential Districts ® incorporate the uses of one into the other next restrictive . The Planning Board members recognize that the Zoning Schedule is described as " For Convenience Only - Not Official There are two proposals presently before the Planning Board , scheduled for continued hearing on March 21 , 1978 , both in - the area of the East Hill Plaza , corner Judd Falls Road and Ellis Hollow Road , and both involving a self - service gas island combined with another business use . One is proposed for location in a presently zoned Business " D " District and the other is proposed for location in a presently zoned Business " C " District . The owner and developer of the property presently zoned Business " D " wishes to add a Business " C " use to the already permitted Business " D " use ; the owner and developer of the property presently zoned Business " C " wishes to add a Business " D " use to the already permitted Business " C " use . It was the consensus of the Planning Board that Section 35 was reflective of the period in which it was written , circa . 1960 , when gasoline stations - encompassed the range- : of full service , - providing. hoists , grease racks , car wash , _ tire sales: and service , - mechanic ( s ) , etc . , and thereby does not recognize the present - day self - service gas island in conjunction with another commer-cial -use which .- has : evolved , apparently as a result of oil companies no longer supporting full service facilities . Upon other occasions when the Planning Board has asked the Zoning Board of Appeals for an interpretation of the Zoning Ordinance , the Board of Appeals having expeditiously replied , a legally advertised public hearing hasnotbeen required or held ; - only an open general meeting of the - Board - of Appeals . publicized through ; the -.media -=in: the usual - . manner The -- Planning : _Board :respectfully requests. -that - the' - Board - of - = . Appeals consider this matter at their earliest convenience in order- that rderthat the Planning- Board may be in a position to consider these two proposals scheduled for continued hearing on March 21 , 1978 . " After some lengthy - discussion -of the matter before the Board , Mr . King stated , and the Board members agreed , that a Business " C " use and a Business " D " use cannot be together in the same building , but could be in separate parcels . Mr . Fabbroni -- repeated what he thought the Board meant - by . stating that it is this Board ' - s opinion that - a self - pumping gas _- island -is not compatible with a Business -" C " use . Mr . King responded by stating that the ordinance , as written , does not include " A " , " B " , and " C " as well . Mr . King stated that to him it is a clear intent that Business " D " is gas station only and nothing else . The Board members agreed . Mr . Francese was of the firm opinion that the Ordinance amendment relating to the S . W . Barnes property wherein both proposals are pro - posed , that separate parcels need to be created within the Business " D " zone and appropriate side yard requirements met . A lengthy discussion of parcel division followed . • Zoning Board of Appeals - 3 - March 101 1978 Mr . Fabbroni stated that he saw a problem with the site plan pro - posed by Mr . Goldfarb . He noted that under the requirements of the Zoning Ordinance , parking is not permitted in the front and side yards . He then asked - - " What about being in the middle of blacktop ; is it related ? " He asked further , " Does that apply in a business district where one zone butts up against another zone ? " Section 38 of the Zoning Ordinance was cited and reads as follows : " SECTION 38 . Special Requirements shall be the following : . . . There shall be no parking in any required front , side or rear yard . Parking lots shall be surfaced with black - top , stone or other material that does not produce dust and shall be graded so as to drain properly . " Mr . Francese stated , and the Board . members agreed , that front yard means to him that yard which is alongside a street or another zone other than business . Mr . Francese - proceeded to phrase the question before the Board . Question : - Can - you . -have - a -Business : - " C " use - withi=n : a Business -__"D " zoned - parcel within - the meaning of the Zoning Ordinance ? This question was put before the Board and each of the five members answered " no " . Answer : No . Following . .further -lengthy discussion , : -Mr . Francese moved- -- and . Mr . King seconded : THAT - the - -failure -to include :_ in Section 35 any _mention _ _of- Business " A " B " , or " C " uses this Board decides to. be an intentional exclusion of these uses froma Business " D " zone . The Chair asked if there were any further discussion and there being . none , called for a vote resulting as follows : Aye - Francese , King , Austen , Hewett , Reuning . Nay - None . The Chair . declared - the motion carried unanimously . . Mr . Fabbroni - asked if one piece of land can be zoned Business " C " and " D " ? Mr . Francese stated , and the Board agreed , that that is essentially what was done with the Barnes property . Mr . Francese moved and Mr . King seconded : THAT the Zoning Board of Appeals of the Town of Ithaca interprets the Town Board Resolution of September 9 , 1968 amending the Town of Ithaca Zoning Ordinance by the re - zoning of the S . W . Barnes parcel from Residence District R - 30 to Business Districts " C " and " D " as stating that subject to the approval of the Town of Ithaca Planning Board any part of the 2 . 65 acre parcel ( . 995 acres being presently owned by Mr . Goldfarb and the balance being in the Shopping Centre portion ) and Zoning Board of Appeals - 4 - March 10 , 1978 zoned Business " D " which is not approved for use as Business " D " may be used as Business " C " , and further , that said 2 . 65 acre parcel may be divided into two or more parcels each to be used in a Business " C " or " D " manner as the Planning Board shall permit . The Chair asked if there were any further discussion and there being none , called for a vote resulting as follows : Aye - Francese , King , Austen , Hewett , Reuning . Nay - None . The Chair declared the motion carried unanimously . Mr . King moved and Mr . Austen seconded : THAT the Zoning Board of Appeals of the Town of Ithaca interprets the Town of Ithaca Zoning Ordinance to say that Business District " D " uses are not permitted in Business " C " Districts . The Chair asked - if there - were any further discussion-- and there being none, called for a vote result-ing as follows : Aye - -- Francese , - - King ; - . Austen , . Hewett , Reuning . _ _ Nay - None . . The Chair declared the motion carried unanimously . ADJOURNMENT Upon = Motion -the Chair - declared. - :the meeting duly ...adjourned at 6 : 35 . p . m . Respectfully submitted , Nancy M . Fuller , Secretary . L ; Bronfenbrenner ;: Proposed wording for the amendment to the Town of Ithaca zoning Ordinance to establish a Business -F_ zone : B -F Zone ? In Business Districts B -F no building shall be erected or extended and no land or building or part thereof shall be used for other than any of the following purposes : 1 ) Retail stores necessary to serve the needs of a single neighborhood , but not exceeding30 , 000 square feet of building space Permitted establishments include a food market of less than 3 , 000 square feet , drug store , bank branch , liquor store , offices , appliance store , hardware store , smoke shop , dry cleaner , - laundry , florist , beauty shop , . barber , shoe store , tailor , dressmaker , optician , or photographer . . . each less than 1 , 500 square feet . additional retail uses of less than 1 ,500 square feet may be considered on an individual basis by the Town Board under the pro - visions of Section 78 of the Zoning Ordinance of the Town of Ithaca , . when , in the opinion of the Town Board , the proposed use is essentially similar to those listed and will not adversely affect the established character or value of the surrounding property . 2 ) In addition to these customary business structures , there shall also be permitted within this district combination residence -business struc - tures , which shall not exceed two - stories and may contain retail sales _ and customer service establishments of the types set forth in paragraph 1 - of this Sectionincidental to and located within a multiple -family structure or apartment building , primarily to serve the needs of the residents of such structure and the neighborhood , provided : a ) .. . none of such retail sales and consumer service establishments are located on the same floor as any of the dwelling units ; b ) . . such retail sales and consumer service establishments have access from areas which do not serve as common residential , recreational areas or access ways ; cl . parking for the residential structures will directly adjoin the entrance way to said residential structures & d ) . . the percentagepf combination' residence -business buildings coverage to land area shall not exceed 17 °ice ; e ) . . the percentage of coverage of buildings other than combination residence -business buildings to lc. nd area shall not exceed 25 04 ; f ) . . the residential part of the residence -business buildings shall not exceed - - - - - - - square feet in the area . k�. + b u f.9 m r cj�6 c4. e-� 3 ) '7In addition to the already applicable sections of the Zoning Ordinance pertaining to Business Districts , sections 28 and 29 of said Ordinance urith repect to Multiple Residdnce Districts shall also be considered by the Planning Board as part of the site plan approval process .for Combination Residence -Business lbtructures , 4 ) No building permit shall be issued for a building in a Business -F district unless a site plan showing the proposed building has b]and en p� approved by the Town Board in accordance with the requirements procedures of Article IX of the zoning ordinance . EXCERPT from Planning Board Minutes of December 12 , 1977 . - 1 - PUBLIC HEARING : CONSIDERATION OF PROPOSED REZONING OF 30 ACRES OF LAND , PRESENTLY ZONED R - 9 , R- 30 , AND BUSINESS " C " , TO A NEW BUSINESS " F " COMMERCIAL DISTRICT , TAX PARCEL NO . 6 - 43 - 1 - 3 . 2 , DANBY AND KING ROADS ( MONKEMEYER ) . Chairman Bronfenbrenner opened the Public Hearing in the above - noted matter at 9 : 02 p . m . and presented the Clerk ' s Affidavit of Posting and Publication of said Public Hearing Notice on December 1 , 1977 , and December 2 , 1977 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice to 25 neighbors of Mr . Monkemeyer ' s property and Mr . Monkemeyer , Chairman Bronfenbrenner stated that the Board should first discuss the proposed amendment to the Ordinance creating a Business " F " district . Mr . Fabbroni stated that he had discussed this amendment further with Mr . Gersh and they had made a few changes that the Board had not seen , e . g . , under sub - paragraph " b . " item 35 was changed from Mini - Warehouse/ Storage Facility to Dance Studio , and under sub - paragraph " c . " item 1 was changed from Theater , Dance Hall or Dance Studio to Theater . Items 13 , 14 , 15 , and 16 were added , as follows : 13 . Mini - Warehouse / Storage Facility 14 . Car Wash 15 . Nursery 16 . Those uses specified in ( b . ). above , except that the are limita - tions for numbers ( 1 . ) and ( 22 . ) shall not apply In addition , items 2 , 3 , 4 , 5 , 6 , and 7 were changed by deleting the words " storage or " . And finally , item 12 was changed from Gasoline Sales Station and for Garage for Repairs , including Car Wash and Self - Service or Manned Gas Pumps , provided there shall be only one such use in the District to Gasoline Sales Station and Garage for Repairs and Self - Service or Manned Gas Pumps , provided there shall be only one such use in a District " F " . Attorney David B . Gersh stated that the intent of Mr . Monkemeyer ' s proposed amendment to the ordinance is the allowance of a multi - use somewhat akin to the Ithaca Commons . He stated that the further modification of their proposed amendment as presented in October 1977 provides for the uses under sub - paragraph " b . " being more restricted and sub - paragraph " c . " being more expansive . He noted that the goal under sub - paragraph " b . " is to find compatible uses with residences . Chairman Bronfenbrenner commented that this further modification was the result of a joint meeting between the Town Board and the Planning Board on November 29th where it was felt that items " a . " , " b . " and " c . " were awkward . Mrs . Bronfenbrenner stated that the document presently before this Board replaces the document that was passed by this Board in October of 1977 and passed on to the Town Board . Mr . Sam Peter of Sam Peter ' s TV and Appliances situated at the same corner as the proposed development, stated that - he thought that if there ever was an area that needed commercial it is this area . Mr . Peter asked if a grocery store were included ? Mrs . Bronfenbrenner stated that there was . Mr . Peter continued and stated that the Mat EXCERPT - 2 - Associates land was rezoned about ten years ago and nothing has ever been done with it . Mr . Peter stated that he is in favor of everything that Monkemeyer has proposed . Mr . Peter stated that he is in favor of more tax dollars . Mr . Peter stated that he did not think that the Planning Board should be worrying about whether these people can make a go of it - - that is their problem . Mr . Peter stated that this South Hill area really needs this commercial development . Mrs . Beverly Livesay , the Town representative on the Tompkins County Board of Representatives , stated that in light of what she has heard tonight , the general concept sounds okay . Mrs . Livesay asked if there is any limit to the size of this proposed Business " F " district ? Mr . Fabbroni read sub - paragraph " a . " of the proposed Business " F " amendment as follows : " a . In addition . to customary business structures , there also shall be permitted within this district combination residence - business structures , which shall not exceed two - stories and may contain retail sales and customer service establishments of the types hereafter set forth in paragraph ( b ) of this Section , incidental to and located within a multiple - family structure or apartment building , primarily to serve the needs of the residents of such structure and the neigh - borhood , provided : ( 1 ) none of such retail sales and consumer service establishments are located on the same floor as any of the dwelling units ; ( 2 ) such retail sales and consumer service establishments have access from areas which do not serve as common residential , recrea - tional areas or access ways ; ( 3 ) the percentage of combination resi - ence - business building coverage to land area shall not exceed seventeen ( 1776 ) per cent ; ( 4 ) the total of all combination residence - business structures built shall not exceed 30 , 000 square feet in area ; and ( 5 ) the percentage of coverage of buildings other than combination residence - business buildings to land area shall not exceed twenty - five ( 257o ) per cent . " Mr . Fabbroni noted that this additionally limits the total scope of the combination residence - business use . He stated that the rest of the area that may or may not be rezoned would be kind of business " C " except limited to this use which winds up being just about business " C " . Mr . Fabbroni commented that part of the problem both Boards saw was that some business uses do not seem to be compatible with the residences . Mr . Monkemeyer pointed out that what is achieved is a tremendous amount of open space or landscaped area - - a campus - like setting . At 9 : 26 p . m . Chairman Bronfenbrenner closed the Public Hearing on the discussion of the proposed amendment to the ordinance . Mrs . Hoffmann stated that what bothers her is that she now finds a combination business - residence in an area only commercial whereas she envisioned commercial surrounded by residential . Chairman Bronfenbrenner stated that the matter being considered for a motion is not any kind of specific area but technically this is referring to a new zone which could be very small . Mrs . Hoffmann noted that it could also be very large . Mrs . Hoffmann stated that she thought the Board was discussing the allowing of some commercial with EXCERPT - 3 residential with residential as the most predominant . Mr . Monkemeyer stated that this business " F " amendment deals specifically with commercial allowing residential above . Mrs . Hoffmann stated that it was her opinion that there are several uses not necessarily compatible with residential right in a building . Mr . Fabbroni pointed out that the further modification of the proposed amendment as discussed at the joint meeting more or less took Business " A " " B " " C " and considered what is compatible . Mrs . Hoffmann thought that there could be one story of commercial with two residences above . Mr . Fabbroni pointed out that the Board always has the site plan approval process to go through . Mr . Mackesey stated that he did not think that in sub - paragraph it is still restrictive enough so as not to seriously affect this kind of district . Mrs . Hoffmann stated that if the Board does allow residential in a zone like this , it should concern itself with what is nice . Id Mr . Fabbroni pointed out that when Mr . Monkemeyer comes in for site plan approval you take note of what is good and bad . Mr . Fabbroni stated that as they went down through the list of existing Business " A " , " B " and " C " there were some things additionally not compatible such as Auto Sales . Attorney Gersh pointed out that they have added a clear statement that the normal site plan process as provided in Sections 28 and 29 of the existing ordinance , shall be considered , as follows : ' Id . In addition to the already applicable sections of the Zoning Ordinance pertaining to Business Districts , sections 28 and 29 of said Ordinance with respect to Multiple Residence Districts shall also be considered by the Planning Board as a part of the site plan approval process for Combination Residence - Business Strctures . " Mr . Monkemeyer commented that if the Board has any doubts about compatibility , he would be happy to show them studies from the Urban Planning Institute . Mr . Mackesey that he is now of the opinion that basically the developer and his attorney have come back with exactly what the Planning Board asked them to come back with in very good form . MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . Patrick Mackesey : RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board approval of the proposed amendment to the Zoning Ordinance presented by Evan Monkemeyer , Developer described as Section 35B - Combination Residence - Business Districts " F " with the additions and deletions described by Mr . Fabbroni , Town Engineer , and presented to said Planning Board at its regular meeting of this date , December 12 , 1977 . EXCERPT - 4 - By way of discussion , Mrs . Hoffmann commented to Mr . Monkemeyer that he had showed the Board a parking plan once and she wondered if it was to serve both commercial and residential . Mr . Monkemeyer stated that when he presents the plan there will be separate parking for commercial and residential . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Hoffmann , Mackesey , Aron , Baker , Stanton . Nay - None . The MOTION was declared to be carried unanimously . At 9 : 38 p . m . Chairman Bronfenbrenner re - opened the Public Hearing , as noted , to consider a proposed rezoning of 30 acres of land , presently zoned R - 9 , R - 30 , and Business " C " , to a new Business " F " Commercial District . Mr . Monkemeyer presented to the Board a site plan for " South Mountain Center " which he described as more defined and refined than that previously presented . The site plan shows a " parkway " type roadway about 600 ' to 800 ' from the intersection off King Road and Danby Road . The site plan shows a campus - type setting presented by Skyrise Associates . It shows business park or office park areas . Mr . Monkemeyer noted that Phase 1 is to be developed first for an office park outside of the loop ( parkway ) . The site plan shows a shopping center area inside the loop ( parkway ) which is the combination residential - commercial . A schematic sketch was presented showing the combination use to be residential in appearance inside the loop ( parkway ) as noted . The plan shows separate parking for residences . The proposed restaurant will not have residences above it . Mr . Monkemeyer pointed out that , the shopping center is in three structures as shown to form a little cluster . Mr . Monkemeyer noted that he is a small scale builder . He said that the buildings are designed to be built one , or two , or all three at a time , as well as completed parking and access . He commented that the mixed use is good - - commercial is needed but residential always works . Mr . Monkemeyer described the bicycle path shown , a proposal he presented some time ago , as connecting with Ithaca College outside of the loop with an underpass . The site plan shows the existing buildings known as the " Art Colony " . Referring to the Business Park , Mr . Monkemeyer stated that Phase 1 will be made up of a branch bank , a convenience food market and a family restaurant . Mr . Monkemeyer stated that he plans to go with this immediately . He stated that he has two tenants that he is firming up . Mr . Monkemeyer further stated that the business park - office park will be in a setting of low- rise , one story structures with a residential look . Mr . Monkemeyer enthusiastically described it as a great use . He said it will have heavily landscaped parking . There will be professional - type offices . He stated that the buildings would look very similar to his " Springwood " development of which he is very proud . He said there will be no kitchen . Mr . Monkemeyer said that the remaining areas would be probably most likely for a motel , super market . He said the area under discussion contains 29 . 9 acres . .� Mrs . Bronfenbrenner asked how the people from the residential section move in and have access to heavy things being brought in - - where does the moving truck go , for example ? Mr . Monkemeyer pointed out the back - up line in the area of the parking area for the residen - tial . He said that this is there also for garbage disposal and fire EXCERPT - 5 - safety . Mr . Monkemeyer stated that 200 ' is the maximum distance from parking to residential . ® Mr . Aron asked if there will be lighting at night ? Mr . Monkemeyer stated that there will be low lighting at night . He said there will not be high pylon - type lighting . There will be landscaping lighting . Mr . Monkemeyer also noted that the first floor will be concrete block with wood siding . There will be poured concretealso which is for fire safety ; the upper story will be wood construction . Mrs . Ruth Peter asked if the only entrance is on Danby Road ? Mr . Monkemeyer said " no " , there is one on Danby Road and one on King Road which are the two major accesses . He noted that there is limited access internally . Mr . Aron referred to the prime target area - - the three buildings in the northwest corner of the parcel . He asked what Mr . Monkemeyer ' s projections are for this development . Mr . Monkemeyer stated that completion would take from three to five years . Mrs . Livesay stated that she thinks the overall concept is quite lovely . She noted one concern that she has , that being how far is residential from parking , and another concern overall is that we not have a project sort of beyond the scope of Ithaca . Mr . Monkemeyer stated that he agrees with Mrs . Livesay completely that his proposed development not be beyond what is viable for Ithaca . He stated that his is not a large grandiose plan , he is realistic . Mr . Monkemeyer also noted that he is not competing , he is complementing . Mr . Sam Peter stated that he does not think there is anything wrong with competing . He said he did notthink there is anything wrong with building something better than!. what exists . Mr . Peter continued and stated that people try to control businesses by zoning - - this is wrong - - there is nothing wrong with competing . Mr . Mackesey responded to Mr . Peter and stated that one of the Board ' s concerns is that we do not want to end up with another Beacon Hills , but on the other hand , Mr . Monkemeyer has lived with this right in his own backyard . Chairman Bronfenbrenner declared the Public Hearing in the matter of the proposed rezoning of approximately 30 acres at 10 : 05 p . m . She noted that any resolution must take the form of a recommendation to the Town Board . MOTION by Mr . Patrick Mackesey , seconded by Mr . Henry Aron : RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board approval of the rezoning of approximately 30 acres of land , presently zoned R- 9 . R - 30 , and Business " C " , to a new Business " F " Commercial District , Tax Parcel No . 6 - 43 - 1 - 3 . 2 , Danby and King Roads , owned by Evan Monkemeyer . By way of discussion , Mr . Mackesey stated that he wanted to make sure that Mr . Monkemeyer is going to move the entrance to the " Art Colony " . EXCERPT - 6 Mr . Fabbroni stated that he would comment on the Motion that if the Board does choose to rezone this land as proposed , it should give consideration to rezoning the land kitty - corner from this parcel ® ( Mat Associates parcel ) . The Board agreed that this should be a matter for their consideration . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Hoffmann , Mackesey , Aron , Baker , Stanton . Nay - None . The MOTION was declared to be carried unanimously . PUBLIC HEARING : CONSIDERATION OF PROPOSED REZONING OF APPROXIMATELY 31 ACRES FROM R- 30 TO R - 15 AS PART OF A CLUSTER DEVELOPMENT PROPOSAL , TAX PARCEL . NO . 6 - 42 - 1 - 13 . 2 , DANBY ROAD ADJACENT TO ITHACA COLLEGE LAND ( MONKEMEYER ) . Chairman Bronfenbrenner opened the Public Hearing in the above - noted matter at 10 : 08 p . m , and presented the Clerk ' s Affidavit of Posting and Publication of said Public Hearing Notice on December 1 , 1977 , and December 2 , 1977 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice to 25 neighbors of Mr . Monkemeyer ' s property and Mr . Monkemeyer . Mr . Monkemeyer stated that he has named this proposed development " Oak Ridge " . He stated that he did not wish to confuse the Board with a whole mess of rezonings . He stated that he is a wise builder and ® wishes to be diversified . Mr . Monkemeyer stated that Oak Ridge is cluster housing , owner - occupied as well as rental . He stated that it contains 31 acres on Danby Road and is a part of a large parcel owned by Skyrise Associates . Access is gained through a lot from Danby Road owned by Skyrise ( Monkemeyer ) : ' He pointed out a bicycle path to Ithaca College and back to South Mountain Center . There is access to Ithaca College , Mr . Monkemeyer noted that the density level is 3 . 5 as suggested by Mr . Fabbroni and one that the Town Board would entertain . Mr . Fabbroni stated that 3 . 5 / acre is in the limits of density . Mr . Fabbroni stated that Section 281 of Town Law gives the Planning Board authority to approve a cluster development . The density would be no more than if every lot in a traditional subdivision development were for two - family . Mr . Fabbroni pointed out that 3 . 5 dwelling units per gross acre is the maximum density for cluster approved by the Town Board . He noted that 4 . 5 has been discussed at length in connection with the new ordinance , but it is 3 . 5 right now . Mr . Monkemeyer stated that in the area adjacent to Ithaca College the density is the highest with rental ownership ( leased land ) of property . This area is adjacent to the Ithaca College Football Stadium . This area will have 14 units per cluster . As you move toward the center of the parcel and away from the College there will be 10 units per cluster . There will be single family only farther on up . There will be a maximum of 67 lots in a total of 30 acres . Mr . Monkemeyer noted that under a conventional plan with 15 , 000 square foot lots , you are talking about 61 lots . Mr . Monkemeyer noted that he will thus be providing open space . He stated that there are three EXCERPT - ? - parts to this plan - - one with four clusters at 14 units per cluster , one with three clusters at 10 units per cluster and four single family ® clusters farthest away from the College . Mr . Monkemeyer noted that generally the preliminary plan shows lower density clusters as you move away from the Ithaca College football stadium . With the public in attendance being generally in favor of this plan , Chairman Bronfenbrenner declared the Public Hearing in the matter of the proposed rezoning of approximately 31 acres closed at 10 : 22 p . m . Mr . Fabbroni stated to the Board that it might be in a position to rezone for the cluster concept based on the overall density , but clearly , the Board should understand that we have to go a lot further with engineering drawings , survey drawings , etc . Mr . Monkemeyer stated that he understands that thoroughly , but he needs some sort of idea for future thinking . Mr . Fabbroni stated further that it has been fairly standard procedure to approve a rezoning to R - 15 when water and sewer are available , which it is here . Mrs . Bronfenbrenner asked at what stage does the developer write a letter to the Planning Board requesting development under Section 281 cluster ? Mr . Fabbroni stated that it would be appropriate almost any time now . MOTION by Mr . Bernard Stanton , seconded by Mr . Henry Aron : RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recomment to the Town Board approval of the rezoning of approximately 31 acres from R- 30 to R- 15 as part of a cluster development proposal , Tax Parcel No . 6 - 42 - 1 - 13 . 2 , Danby Road adjacent to Ithaca College land owned by Evan Monkemeyer . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Hoffmann , Mackesey , Aron , Baker , Stanton . Nay - None . The Chair closed this portion of the meeting at 10 : 30 p . m . Nancy M . Fuller , Secretary . RECEIVE ® DEC 1977 TOWN OF ITHACAV TO : Town of Ithaca Planning Board FROM : Evan N . Monkemeyer ( David B . Gersh , Attorney ) • DATE : December 5 , 1977 SUBJECT : Proposed Zoning Ordinance Amendments - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - As a result of further meetings since the Public Hearing held on October 4 , 1977 , we propose to further modify the pro - posed amendments to the Town Zoning Ordinance which were f recommended to the Town Board for approval ( report of the Town of Ithaca Planning Board Chairman to Town Board , October ® 101 1977 ) . ~ We request the Planning Board recommend the following r; new section 35B to the Town Board for its approval " and enactment: " Section 35B - Combination Residence -Business Districts ' Flo a . In addition to customary business structures , there also shall be permitted within this district combination reside ce - business structures , which shall not exceed two - stories and may contain retail sales and customer service establishments of the types hereafter set forth in paragraph ( b ) of this Section , incidental to and located within a multiple - family structure or apartment building , primarily - to serve the needs of the residents of such structure and the neighborhood , provided : ( 1 ) none of such retail sales and consumer service establish - ments are located on the same floor as any of the dwelling unit ; ( 2 ) such retail sales and consumer service establishments have DAVID B. GERSH access from areas which do not serve as common residential , ATTORNEY AT LAW recreational areas or access ways ; ( 3 ) the percentage of 1.. NEWIOGA YORK combination residence -business building coverage to land area 1' NEW YORK ..so shall not exceed seventeen ( 17 % ) per cent ; ( 4 ) the total o 16071 277.3300 all combination residence -business structures built shall ® not exceed 30 , 000 square feet in area ; and ( 5 ) the percentage of coverage of buildings other than combination residence - business buildings to land area shall not exceed twenty - five ( 25% ) per cent . b . Permitted uses in combination residence -business structures shall be the following . 1 . Retail Food Store , provided that gross floor area does not exceed 2000 square feet 2 . Business or Professional Offices 3 . Bank or Other Financial Institution 4 . Bookstore 5 . Drugstore 6 . Hardware Store 7 . Package Liquor Store 8 . Smoke Shop 9 . Utilities "r:O . Barber 11 . Dry Cleaning Pick -Up Station 12 . Florist 13 . Beauty Parlor 14 . Coin -Operated Laundry 15 . Milliner 16 . Greenhouse , but only if attached to a building 17 . Retail Stores 18 . Shoeshiner , Shoemaker , and Repairer 19 . Tailor 20 . Telegraph and Telephone Office 21 . Public or Private Library 22 . Restaurants , including serving 6f liquor , provided that the size shall be limited to 3000 square feet and that no residential uses will be allowed directly above 23 . Appliance Sales 24 . Arts and Crafts Studios 25 . Bicycle Sales and Repair , with outside parking racks if desired 26 . Caterer 27 . Confectioner 28 . Decorator ' 29 . Dressmaker 3j0 . Furrier DAVID B. GERSH 31 • Optician ATTORNEY AT LAW 32 . Photographer , RTH TIOGA ST. 33 . kefrigeratinn Sales NEW YORK 34 . Upholsterer 35 . Dance Studio (607) 277.3300 1 c . Permitted uses in buildings other than combination residence -business structures in a Business "F " District shall be the following , provided that the building shall be located at least 200 feet from any combination residence -business structure : 1 . Theater . 2 . Building Products Display and Sales , but without outside display 3 . Electric Products Display and Sales , but without outside display 4 . Glass Products Display and Sales , but without outside display 5 . Solar Heating and Cooling Display Products , but without - outside display 6 . Heating Products Display and Sales , but without outside display 7 . Plumbing Products Display and Sales , but without outside display 8 . Printer 00 Hotel or Motel 10 . Day Care Center 11 . Athletic and / or Health Club 12 . Gasoline Sales Station and Garage for Repairs and Self -Service or Manned Gas Pumps , provided there shall be only one such use in a District " F " FDist13 . Mini -Warehouse / Storage Facility ricts Jn addition to the already applicable sections of g Ordinance pertaining to Business Districts , sections of said Ordinance with respect to Multiple Residence shall also be considered by the Planning Board as a he site plan approval process for Combination -Business Structures . " n addition , amendments may be appropriate to Sections 36 and 38 ( 7 ) and elsewhere to make reference to the new Business "F " District . 14 . Car Wash DAVID S. GERSH 15 . Nursery ATTORNEY AT LAW 16 . Those uses specified in ( b . ) above , except 3 RTH TIOGA ST. that } A {- hat, NEW YORK kthe area limitations for numbers ( 1 • ) 14950 and ( 22 . ) shal l not apply . 1607) 277.3300 � 1 RECEIVED DAVID B . GERSH MNK 16 1978 ATTORNEY AT LAW P. o. BOX 202 TOWN OF ITHACA 300 NORTH TIOGA STREET ITHACA SAVINGS & LOAN BUILDING ITHACA, NEW YORK 14850 TELEPHONE (CORNER OF TIOGA AND (607) 277 - 3300 BUFFALO STREETS) March 14 , 1978 Mrs . Liese . Bronfenbrenner , Chairperson Town of Ithaca Planning Board 126 E . Seneca Street Ithaca , New York 14850 Re : Evan Monkemeyer Dear Chairperson Bronfenbrenner : As you know , at the March 13th public hearing , the Town Board voted to rezone approximately 31 acres of Mr . Monkemeyer ' s land from R - 30 to R - 15 as part of a cluster development proposal (tax parcel #142 - 1 - 13 . 2 ) . In accordance with Section 281 of the Town Law , I herewith make written application on Mr . Monkemeyer ' s behalf , as his attorney , for the use of the cluster procedure . Please be so kind as to schedule this matter for the Planning Board ' s consideration . We would also like to meet with you again , as suggested by the Town Board , to review the provisions of the new combination business - residence district , which we have termed " Business F " . Please let me know when it would be convenient for Mr . Monkemeyer and me to meet with your Board once again . Thank you for your courtesies . Sincerely , David B . Gers cc : Mr . Evan Monkemeyer y ' W