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HomeMy WebLinkAboutPB Minutes 1978-06-27 TOWN - OF .ITHACA PLANNING4BOARD It TUESDAY , JUNE 27 , - 1978 A regular meeting of the Town of Ithaca . PlanningBoard -was held , on Tuesday , June 27 , 1978 , in Town Hall , 126j East . Seneca . Street . ( second :. floor ) , Ithaca , N . Y . at 7 : 30 p . m . y- PRESENT : Chairman Liese Bronfenbrenner , Henry . Aron ;4 ._Jonathan ' Bradley , James Baker , Carolyn Grigorov , Lawrence Fabbroni ( Town ., Engineer") ALSO PRESENT : Town Councilman Gust ' Freeman , William Mobbs , Willis Hilker , William Pianki , Donald M . , MacLean , ' John D . . ' MacLean . . Chairman Bronfenbrenner declared the meeting opened at 7 : 35 p . m .. PUBLIC HEARING : CONSIDERATION OF DAY. CAMPGROUND ON CHURCH OF JESUS 4CHRIST OF LATTER-DAY SAINTS PROPERTY ' AT 272 ENFIELD FALLS ROAD , TOWN OF . ITHACA ' TAX PARCEL 6 - 34 - 1 - 3 . - Chairman . Bronf enbrenner -- :declared the -Public . Hearing -Iin .. the =- above = ` . noted mat-ter duly opened . at -7. : 35 p :m := , �uread the= Notice -- of Public 7Hearing . as stated - above and ---presented .- for - ' the - record . the Clerk ' s Affidavit :of Posting . . - and -Publication of - the --. Notice = of : =Publ- c ' Hearings . on- - June - 20 , - -- 1978 ,` .and June 22 , ' 1978 , respectively , as required. Mr .-- William - Mobbs appear--ed _ before =i: the -: Board -as the representative of- - , - f ` the Church of Jesus - Christ of Latter =Day -- Saints : - Mr .m � Mobbs '' stated that Mrs : `- Lettie Reeder was to come this evening , but that he is herein her. place : Mr . Mobbs -- stated .. that the' Church -has received .for _ some :aime now an annual permdt- from the -P_lann=ing - Board-.to 'operate ;=this= camp:_.for,`-one -week-_on an annual--- basis . ._ -He stated--'that = -there have-been=-no = changes=°in _the'_op:erat-ion_. for_ several.-t-..-years . - - it--=is - a=r-ecur-r -ng---matter.: -He=stat:ed-� hat=t--.h.' =GhmVr—c would_- 1,i-ke t.o -- seek-a- five-year-- perm-i-t" for - ex amp1-e'` ` or -at= --1-east- something,. more- than-4: = an annual=permit =-Mobbs <;_br :efl-y==described._-the :_;:camp:_. noting _ - that-it is --a--, wilderness camp for ` girls . ,_ Hem -stat-ed- that '- they ' have a -.. well ' on . the site with . a hand pump and which is tested each year . He stated that - they - have - " rent - a - john " facilities . ` Mr � - Fabbroni stated - that Mr . Cartee had called him regarding ` the , camp , ' , and stated that generally during . :the moperat ion , of if he - ,( Cartee ) 'checks it . out . from . - time to time .' Mr Car.t'ee- reported that ' - therem. -have : 'been no ' problems . . s Chairman Bronfenbrenner ' � asked " if -there were, any questions from - . the . public . There were none . Chairman . Br.onfenbrenner . declared the Public Hearing duly , closed - at 7 : 38 .p . m . Chairman Bronfenbrenner-asked-= if -, there . were - any questions -or � - discussion from - -the Board . . : There was - none_. :; - MOTION by Mrs . Liese ._ Bronfenbrenner . seconded by Mr . . -Henry . - Aron - � RESOLVED , that the Planning - Board of the Town of " Ithaca approve and. . g PProve hereby -- does approve . the granting . of . _ a five - year permit :to the Church of Jesus - Christ - of Latter - Day-Saints -.-f or----t-he .operation of --a. Day . Campground on their property at 272 Enfield Falls Road- , .Town of Ithaca Tax ' Parcel 6 = 34 - 1 = 3 =-with the : stipulations- - that: - the: - program ' and_ facilhies remain -: the . ♦• — .- , 1 . . .. .. . ; " a .. r Planning Board - 2 - June 27 , 1978 ` same as presented at this Public Hearing , that annual Tompkins County . Health Department approval be obtained to operate water and . sanitary facilities at the camp , and that if any changes are made in program or facilities a new permit will have to be obtained . There being no further discussion , the Chair called for a vote ', Aye - Bronfenbrenner , Aron , Bradley , Baker , Grigorov . Nay - None . . . ,; The MOTION was declared to be carried unanimously . ' _ ' ,":.`' , ;. PUBLIC HEARING : FINAL SUBDIVISION HEARING FOR 5 -LOT EXTENSION TO NORTHVIEW ROAD WEST SUBDIVISION , TOWN OF - ITHACA TAX PARCEL _ 6 - 42 -1= 9 . 3 , WILLIS HILKER . Chairman Bronfenbrenner declared the Public Hearing in the above- " noted matter duly opened at 7 : 40 p . m . and presented for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hear.ings - -on . June - 20 , _. 1978 ,_-and ._ June--22. , 1978 , respectively as required . Mr . ' Hilker presented for -the Board ' s consideration a plan : entitled " Subdivision Plat , South .Hill Estat-es , - Section- -. II , Northview -Road West ". . drawn by Howard Schlieder- , dated : -`April 17 , - _ 1978 ., and having - affixed there to the Tompkins County- Health Department stamp of approval -. of 5 lots under== date % -June ' 26 ; : 1978 -- and . _-_:signed by John --M .- Andersson . - - _ Mrs . Bronfenbrenner asked if there were any questions.- from - the iPlanning Board . w Mr :-Fabbroni-.-- asked -- for -. par_tidular_: _plan .and prof=i-les== andTMMr-- -Hilker===-_ present-ed - t--bem= =to- =-him_;_= the.= pians = being =. f•o:r==the-water -- and==sew.er- ext-ens oa:- Drainage into :-the:-spark _. area_ was- discussed- an-d� d d not - seem7: t-.ob.e: a_- -pro_;~ : pakare . is ' oblem - since .._the - ran . a : knb11 .. Mrs : Bronfenbrenner asked if the land for. the park ' has been ' deeded to _the . Town . Mr . Hilker stated that it has not ', - * adding that .. that will happen 6 after -- everything -is done , --- - He - stated - that ' he will present ... a. '` - -r. . ` proposed deed to Mr . - Fabbroni and request -- its : Attorney .- - The park will - be from - one to one and .. a ..- half _. acres - in . size . . Chairman Bronfenbrenner asked if there were any . questions from - the - public . There were none . Chairman Bronfenbrenner asked if there were any questions from the Board . . There were none . Chairman Bronfenbrenner declared - the - Public Hearing-' .-in -.the above' ,,,,, . noted matter - - duly - closed at 7 : 49 p . m . -Mr . Fabbroni stated that he - had no problems with the final approval , except . -that-..he will go up there - and - approve the drainage . MOTION 'by -Mrs :_' :L- iese- =Bronfenbrenner.;;_ -seconded=-by : Mrs :' -. Carolyn Grigorov : RESOLVEDS - that the Planning - Board 'of the Town of - Ithaca . grant - and ' hereby does grant f inal . subdivision approval to the five - lot extension of the Northview Road West Subdivision , known as . South -Hill Estates , Willis S . Hilker ; Developers Town of Ithaca Tax Parcel 6- 42 - 1 - 9 . 3 , - with the stipulation that the Certificate of : Compliance for . the first home - ° . will - be given upon Mr . Fabbroni ' s approval : of the drainage '. Planning Board - 3 - June 27 , * 1978 There being no further discussion , the Chair called for a vote . 14 Aye - Bronfenbrenner , Aron , Bradley , Baker , . Grigorov . . Nay - None The Chair declared the MOTION to be carried unanimouslye PUBLIC HEARING : FINAL SUBDIVISION HEARING FOR 3 - LOT SUBDIVISION PROPOSED AT THE CORNER OF SLATERVILLE AND BURNS ROADS , TOWN OF 'ITHACA TAX PARCEL 6 - 56 - 4 - 1 . 2 , S . NUSBAUM . Chairman Bronfenbrenner declared the Public Hearing in the above - noted matter duly opened at 7 : 55 p . m . , read the Notice of Public Hearing as stated above and . presented for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings on June 20 , 1978 , and June 22 , 1978 , respectively , as required . Mr . Fabbroni stated that he . had . : requested that this matter be put on the agenda for consideration after having received several letters - from Mr ' . Nusbaum who lives in New Jersey , Mr . Fabbroni noted that at. .: the last . discussion : -of : this pr-oposa-l _ by - the Planning Board held- - on February , 7 , 1978 , the Board had - said - that before - approval i-s granted we must - have Health Department -- approval : Mr . Fabbroni - reported that Mr . Nusbaum has gone to the ` -Health Department- requesting ' approval -- of his lots . -- The-- Health Department has informed Mr . Nusbaum that any approval that - - they -give him may not carry - over -to - any - purchaser : -of - the - lot - : and , - on that - basis , Mr . Nusbaum has come back to this - Board -• for _-final - approval e Mr . Fabbroni stated -that his recommendation would be to ask Mr . . Nusbaum to go ahead - -and - --Health - -Department approval . of the lots on the bas-:s �-° of= his- owning t•hem -and =being - accept abl-e-,-7-lots :--in -terms of -=-his = owning . , .. them.- - - : • Mr - `Fabbr-on : stated-t that -if: the-re = a-r- e : prob-lems �with =-a : : n-ew-._owner_ getting -=approval .. .of _sept c�, . systems the-_Town- =is _ _then--in; a--stronger--Posit-ion : = Mr . -=Fabbroni- - noted- -that - the proposed -- lots : ar- e - appr-oximately--- -125-- :x . 150 ' and there is public water available . Mr . - Fabbroni said that it is his understanding . of the Health Department regulations that when you have public -.-water . you . can _Igo _ to half the size requirement . their rules prescribe - for - the lot - as . long - as you can inscribe a 100 - foot circle , Mr . Fabbroni. pointed out - that this requested three - lot subdivision will make , a • total of four lots on this large parcel . i . Chairman Bronfenbrenner asked if there were any - - comments -: from ' the . - public . There were none . Chairman Bronfenbrenner - asked if . there were any . comments from the Board . There were none . Chairman Bronfenbrenner declared the - Public Hearing duly closed at 8 : 10 P . M . _ Mrs . Grigorov stated that she could not see how the Board can ': approve this subdivision . ,- Mr . ubdivision :Mr . Fabbroni stated that he wants to have Mr . Nusbaum get Health Department approval -on the - subdivision as proposed with _ him .( Nusbaum.)._ as the .. owner . � 1 Mrs . Bronfenbrenner asked if it would be appropriate for the Town ' _ to do the perculation tests and also increasing the size of the lots . . Mr . Fabbroni, stated - -that - the - Health - -Department - approval would cover that aspect - - - the Health Department would make him - enlarge those lots if 55 Planning Board -4 - June 27 , 1978 that is the case . He stated that - from the Town Zoning Ordinance standpoint his proposal 'Meets the requirements . In summary , Mr . Fabbroni stated that i� the Health Department approval will be given only to the final purchaser and suggested that to get Planning Board approval for the proposed lots Mr . Nusbaum request the percolation tests . be done min his name - - a second approval would still be required when the lots are purchased , but the earlier tests would give some indication of possible Health Department action . If the proposed lots are too small to meet Health Department standards , they might be enlarged by taking land from a fourth larger parcel also owned by Mr . Nusbaum . Public water is available , not sewer . MOTION by Mr . Jonathan Bradley , seconded by Mr . James Baker . RESOLVED , that the Planning Board of the Town of Ithaca deny and hereby does deny - final subdivision approval , at this time because of . the lack of appropriate documentation ; . for. a . 3 - Lomt : :.Subdivision . .-propos ed -Mr � � . ..Sidney Nusbaum at the corner of Slaterville and Burns Roads Town : ,)of :: It.haca`_.Tax Parcel 6 - 56 - 4 - 1 . 2 . MOTION -of - AMENDMENT .to -Mr : ==Bradl-ey ' s MOTION adding that it be further resolved that - Mr . Fabbroni , - -the - Town - Engineer ., be requested to write fa letter to Mr . Nusbaum - informing . Mr . Nusbaum of the Planning Board ' s require - ment s ,= - i . e : , percolation . t-ests ; = Hea1th- : Dep artment- approval , - etc- : ; - -and - any other requirements set forth by him as Town Engineer . The MOTION - of AMENDMENT was set forth- by- Mrs . Liese Bronfenbrenner and duly seconded by Mr . James Baker . There.-being no . -further discussion , the Chair - call-ed for a vote on the - .MOT.ION -of AMENDMENT . Aye =- __Bronf enbr. enner_-;-- -Aron ; - Bradley- -__Baker,-;: =--Gr igor- ov ;=-_ - - Nay = None : -The MOTION - of AMENDMENT was-- declared to be carried unanimously . There being no further discussion , the Chair . called for a vote on the MOTION - presented - by Mr . - Bradley ; seconded by Mr . -- Baker , -with the amend - ment attached thereto , as follows : RESOLVED , - that -- the - Planning - Board of . the ' Town = :of Ithaca - deny - and hereby . does deny final subdivision approval , at this time because of the lack of appropriate documentation , for a 3 - Lot Subdivision proposed by Mr . Sidney Nusbaum at the corner -- of Slatervill-e and - Burns Roads , Town of Ithaca Tax Parcel 6 - 56 - 4 - 1 . 2 , and , be it further RESOLVED , _ that the__ Planning -- Board of the - Town of Ithaca request and - hereby does request that Mr . Fabbroni , the Town Engineer , write a letter to Mr- : Nusbaum. informing Mr . . Nusbaum - of the Planning Board -' s requirements , i . e . , percolation testes , Health Department approval , etc . , and any - -other - . requirements set . forth - by him . as Town Engineer . _ Aye - ` _ Bronfenbrenner , Aron , Bradley ,- Baker , Grigorov . `e ® Nay - None . The MOTION , as amended , was declared to be carried unanimously . APPLICATION FOR CONFORMING SIGN ,- 1018 - ELLIS -HOLLOW ROAD , DR . HAROLD PURDY . Mr . Fabbroni presented an application for . - sign . permit from Dr . Harold ' Planning Board - 5 - June 27 , 1978 Purdy for a free - standing sign of 9 . 67 sq . ft . which meets the . requirements of the Town of Ithaca Sign Ordinance and reads " General Prwctice Nei ]- Taylor M . D . Dentistry Harold L . Purdy D ' D . S . P : C 1018 Ellis Hollow Rd . " MOTION by Mr . Henry Aron , seconded , by Mrs . Liese Bronfenbrenner . RESOLVED , that the Planning Board of the Town of Ithaca approve and hereby I does approve a free - standing sign for Dr . Harold L . Purdy as des - cribed ' Ion application for sign permit dated June 12 , 1978 , and signed by Dr . Purdy .. ThIIere being no further discussion , the Chair called for a vote . Aye - BIronfenbrenner , Aron , Bradley , Baker , Grigorov . Nay - None , The MOTION was declared to be carried unanimously . ADJOURNED PUBLIC HEARING : TOWN OF ITHACA TAX PARCEL 6 - 24 - 1 - 41 . 2 , A PORTION . THEREOF , HAYTS ROAD . PROPOSED REZONING ' FROM AGRICULTURAL TO MULTIFAMILY AND SITE PLAN - REVIEW - OF APPROXIMATELY 5 . 4 ACRES FOR A10 - UNIT APARTMENT BUILDING , ­JOHN _ D . MACLEAN . i Ch'airman---. Bronfenbrenner declared--- the Adjourned Public -Hearing - in the above- noted matter duly open at 8 : 20 p . m . , read the Notice of - Public Hearing`-= as stated above aind -: presented - for the record : the _ Clerk '. s Affidavit of -.Posting and -= Publication _ of the Notice --- of - Public Hearings , once again , on June120 , 1978 , and June 22 , 1978 , -- respectively , as required. Mr' . John D . . MacLean appeared - before - the Board once again and presented his -' •Plot -_P an:'_dat-ed `:May� 12 ; . = 1978 - --for = a- ' 10= unit apartment - building drawn-==-- - by D MI . -:Macl;eari . The? area -in- =quest ion: iks -.-zoned --Agr- cu=ltural Mrs : _ Bronfenbrenner - - a-sked how=-close ° the -near.est- p.roperty. _- is- to Mr . MacLean{- -s property -.= "= = �Mr . = 'Fabb-r- oni figured --it- =was�a.bout- 370 ''- The ". neigh -_ __ boring- =properties are - sing-le - family dwellings : - Mr 's . Bronfenbrenner noted for the public ' s information that Mr . MacLean is requesting a rezoning - from -- Agricultural to multifamily and asked if there were any questions from the Planning Board . - Mri . - Gustz, Freeman , -- Town Councilman ; - asked - how far away--- the corner - - of Sheffield - Road is . Mr . MacLean stated that it was well over 1 .,• 500 feet . Mr . MacLean noted that he owns - a 50 ' right of way providing - access to his proposed apartments . Mr ;. . - Fabbroni stated that - -structurally - he - has no problems , . : but - if Mr . MacLean obtains approval- and the rezoning , he would have - to submit a full set of architectural drawings . Mr . Fabbroni noted a three - foot drop from where the proposed buildingis to be located to the back . lines of the existing houses. Mrs . Bronfen- brenner- - asked = -how -much distance there is from -the - right ° = of way to the - adjacent homes . -Mr . Fabbroni figured - forty- - : feet from the - edge of ' the right of way . - I Mrs . Bronfenbrenner asked if there were any comments from the public . Mrs . Pat Comstock was concerned - about water - and sewer and where it will go - - water -- lies stagnant .there now . Mrs . Comstock was concerned also : Planning Board - 6 - June 27 , 1978 about drinking water stating that if Mr . MacLean taps into the main water source where is the water going to come from . . She pointed out that he would have to have a storage well in addition after the 10 - units go in , noting that 10 unit will need a lot of water , Mrs . Linda Watt stated that thereis enough traffic on the road now , enough speeders , - an. d no police supervision , There are kids on motorcycles too . She said that the neighborhood does not need the extra traffic . Mrs . Comstock asked why the development has to be .10 units - what about single family units ? Mr . Aron asked Mrs . Comstock if she were opposed to the 10 - unit apartment approach . She stated that she was and further stated that Mr . MacLean tried to put in one - family units many years ago and the Town Board would not let him . Mr . MacLean stated that he has not submitted plans to the Town Board before this . Mr . Aron discussed with Mrs . Comstock the location of the proposal in relation to her home . Mr . : Willis Hilker asked if - Mr . - MacLean had obtained Health Department approval for his septic system ( s ) . Mrs . Bronfenbrenner pointed out to Mr . Hilker - that `, this discussion at this - time is very preliminary . Mrs : Bronfenbrenner asked , Mr . -Fabbroni what - . is the regulation as to the number of multifamily units °-per acre -. : Mr . Fabbroni -pointed out that this . - would - be the only multifamily zone in the area , and further stated ® that - the - ordinance does not specify a particular density , but the Town has been - acting = on 10 - to -14 units -. per-,- acre : - The -Zoni-ng _ -0rdinance -,_ takes - int.o-: consideration = ,al l --. aspect s = =of-- -a . multdfamily -: development :; :. g : ,- parking = -- spaces ,- r-oads :,, _ =spacing --_- etc:- -_Mr- . --Fabbron-i =- noted ; that=- 10 'unit:s - on = five - acres --is. proposed -, here ._-.-He ` a: lso ;- poi-nt-ed-=gout--that thesem=1-0 - urs-i_ts- woul-dr be - a - .-partof---the- rezoning --- of -the-°-f ive acres -, -- - Mrs . Comstock stated that the land cannot accommodate ten units , Mr . Fabbroni stated that he was pointing out that if this 5 . 4 acres should be rezoned , it is not automatic that the remaining acres will be rezoned. Mr . Freeman pointed out that on the average of two units per acre , which is what this proposal works out to be , with no water and sewer , the Health : Department - would not approve . Mr . Fabbroni stated that he did not think that this is the case . Mr . Fabbroni stated that multiple dwellings are taken on a -- case - by case basis and on multiple dwellings they require ' two wells and - a holding system , Mrs . -=. Bronfenbrenner- asked - -=i--f Mr . - MacLean -- has = to -= go to -the - Health Department wil complete plans and she was informed that- he does . Mr . MacLean commented that it requires an engineer , Mr . David Jennings cited Section 77 of the Zoning- Ordinance with respect ---to requirements =: imposed -- upon -a developer :_ - - . Mr . -- Fabbroni pointed _ out - that -- Section 77 - relates only --to special approvals coming under the aegis - of the - Zoning - Board of Appeals . - He - stated that this is a rezoning - request and as such comes under the scrutiny of the Town Board and any appeal of any decision would be to the Court . Mrs . Grigorov = asked if this - property is in the proposed County Agricultural District #6 . Mr . Fabbroni said it is not ; it is just outside . Planning Board - 7 - June 27 , 1978 Mrs . Comstock reminded the Board that two letters in opposition to this proposal had been presented to the Board at the last meeting . on June 61 1978 - - .one from Mr . George Hopkins and one from Mr . and Mrs . Pokorney , Mr . Ryan asked if there can be a rezoning without Health Department approval . Mrs . Bronfenbrenner stated that there can , but the Planning Board does not effect rezonings . Mr . Fabbroni stated that Mr . MacLean must meet the State Building Code . regulations with regard to the building ; he must meet the Health Department requirements ; he must meet the Town of Ithaca requirements as to roads , etc . Mrs . Grigorov asked how this proposal relates to the Town of Ithaca Comprehensive Plan . . Mr . Fabbroni stated that multi - family is a little different in that the guidelines indicate that there can be no more than 30% multi - family in any one designated neighborhood of the Town . Chairman Bronfenbrenner asked if there were any further comments from the public . . Mr . David . Jennings asked about the site plan review . Mrs . Bronfenbrenner stated that the Board would not --be considering : the _ site plan review at this meeting . Chairman Bronfenbrenner asked if there were any comments from the Planning Board . Mr . Bradley stated his opinion that this proposal really looks like a spot zoning thing - - it is kind of in the middle of nowhere . Mr . Bradley continued and stated that he thought that there are ® some problems in that area with regard to drainage and water - which he has - just heard about which would come under Health Department scrutiny . He asked if the Board - can set a precedence in that area as far as to the multi = family or as to whether it would continue as single family or agricultural ? Mrs : -- Grigorov -. asked what the Board has done in the past Mrs : Bronfenbrenner stated-- -that it depends - on the - -case at hand . Mr . Bradley asked Mr . MacLean if it were going to be a hardship for him not being in the Agricultural District and can he maintain it as far as taxes go ? Mr . MacLean was not prepared to answer that question . Mr . Fabbroni pointed out that Mr . MacLean can get in the Agricultural District by petition every year whether he is in it or not if he derives $ 10 , 000 in income from the land through farming . Mr . Fabbroni noted that this is a pretty difficult dollar figure to meet . Councilman Freeman asked those present if the objection to develop - ment is for. that specific location or is it the multi - family = itsel -f . Mr . Bradley stated that what he was hearing was objection to the multi - family idea . MOTION by Mr . Jonathan Bradley , seconded by Mr . James Baker . RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend that the Town Board disapprove of the rezoning of 5 . 4 acres of land . presently zoned Agricultural known as 294 Hayts Road , being the property of John D . MacLean and being a portion of Town of Ithaca Tax Parcel 6 - 24 - 1 - 41 . 2 , for the following reasons : • Planning Board - 8 - June 27 , 1978 • o 1 . Such rezoning would appear to be spot zoning in the midst of a farming and residential area and would , therefore , set a questionable precedence ; 2 . Public opinion seems to be against multiple family development in the area . There being no further discussion , the Chair called for a vote. Mr . Aron requested that he be granted permission to abstain from the vote . The Chair granted same . Aye - Bronfenbrenner , Bradley , Baker , Grigorov . Abstain - Aron . Nay - None . The MOTION was declared to be carried unanimously . CONCEPTUAL DESCRIPTION OF A NATURAL PRESERVATION DISTRICT - - PROPOSAL FROM LIESE BRONFENBRENNER , CHAIRMAN , PLANNING . BOARD . A proposal- : for a possible option- to- . attain the .preservation of Coy Glen and Lick _ -Brook was distributedto the members -- of -the Planning Board , as prepared by Mrs . Bronfenbrenner and sent to the members of the Town Board , the Zoning Board - and- -the - Planning Board - by Mr . - Desch by letter dated June 15 , 1978 : The - Board members were asked to read the proposal- and be prepared for -discussion at a future meeting . ADJOURNMENT Upon- --Motion ; ---the - .-C-hadr. -. declared. .=the _ .meeting - duly _ _adjourned --at 9 : _ p * Respectfully submitted , Nancy M . Fuller , Secretary . EXCERPT from Planning Board Minutes of February 7 , 1978 . PRESENT : Chairman Liese Bronfenbrenner , Henry Aron , Bernard Stanton , Montgomery May , Jonathan Bradley , Carolyn Grigorov , Lawrence Fabbroni ( Town Engineer ) , Robert Bonnell ( Assistant to the Engineer ) . * * * * * * * * * * * * * * * * PRELIMINARY SUBDIVISION MEETING FOR 3 - LOT SUBDIVISION PROPOSED AT THE CORNER OF SLATERVILLE AND BURNS ROADS , TAX PARCEL 6 - 56 - 4 - 1 . 2 . Mr . Fabbroni stated that Mr . Nusbaum lives in New Jersey and so he will present the matter in the form of a preliminary informational meeting to the Board . Mr . Fabbroni stated that Mr . Nusbaum is looking for the feeling of this Board toward his proposal for a 3 - lot subdivision of land which would result in there being 4 lots . Mr . Fabbroni noted that there is proposed an entrance opening on to Route 79 ( Slaterville Road ) . Mr . Fabbroni noted that the parcel is located in an R- 15 zone . Two of the proposed lots are of approximately 125 ' frontage by a depth of approximately 149 ' and , therefore , meet the lot size requirements of an R- 15 zone . The remaining lot fronting on Slaterville Road contains approximately 1 . 77 acres and the fourth lot , backlot , would contain approximately 21 acres . Mr . Fabbroni stated that he is not sure that the Health Department ® would approve in view of their new requirements in re lot size . He noted that there is water service but no sewer . Mrs . Bronfenbrenner stated that Mr . Nusbaum should not go on with his planning until he knows what direction the Health Department will take . Mr . Fabbroni suggested that a letter be written to Mr . Nusbaum from the Board indicating that no further action can be taken by the Planning Board until it has further information from the Health Department . Mr . Fabbroni referred to the proposed sewer extension on Slaterville Road , and pointed out that it would be roughly 700 ' from the proposed sewer line to the farthest lot . He also noted that the proposed sewer extension calls for a pump station down on Burns Road , Burns Road forms the side lot line of this land . Mr . Fabbroni also noted that the entire parcel contains an excess of 24 acres . Mr . Fabbroni read Mr . Nusbaum ' s letter of January 20 , 1978 , to him as follows : " Thank you for your help this past week in regard to preparing an application for approval of building lots . Enclosed is a rough sketch , as you suggested , of the proposed lots . I have designated them as A and B . The total frontage of the two is approximately 250 + feet to be divided equally ; the depth will be in keeping with a continuous backline for a lot surveyed and to be sold approximately 184 feet from the center of Route 79 . I am enclosing a copy of that lot drawing . As there is a water line serving these lots it is my understanding that they qualify for approval by the Town . Preliminary approval will be appreciated as the Health Department has indicated it is not possible EXCERPT - - Planning Board Minutes - - February 7 , 1978 . Page Two . ® to complete percolation tests at this time . If there is more detailed information available concerning the construction of a sewer line to serve this area I would appreciate that as I understand its construction would obviate the need for a septic system . Thank you again for your assistance . Very truly yours , ( sgd . ) Sidney R . Nusbaum " Mr . Fabbroni suggested that the Board could respond to him that in general the Board would have no problem with the subdivision as he is proposing , but the Board would rather have some more information from the Health Department with regard to minimum size lots before the Board passes any kind of judgment upon this proposal . The members of the Planning Board agreed that this course of action would be appropriate . J } .. + j ♦ 1 . , t yyfTiH ♦ Ef, l +i .l d i , rt • SV �G NPCA 10 Lochatong Road Trenton , . N . J . 08628 2 June 1978 Mr . Lawrence P . Fabbroni , P . E . 126 East Seneca Street ' Ithaca , NY 1 .$ 50 Dear Mr . Fabbroni I spoke with James Morris "of the County Health Depart ment and he reaffirmed that no approval of lots could be given . except to the party actually building . As I have no plans to do anything more than - sell two lots and as Mr . Morrris ' said thatapproval cannot be transferred from one person to anotherthis is to re = quest that the planning board give approval to the subdivision as presented . Thank you for your assistance . Very truly yours , Alney . � sbaum TOWN OF ITHACA 126 EAST SENECA STREET ITHACA, NEW YORK 14850 May 10 , 1978 Sidney R . Nusbaum , D . V . M . 10 Lochatong Road Trenton , New Jersey 08628 Dear Dr . Nusbaum : In answer to your letter of April 262 1978 , I am enclosing an excerpt from the meeting in question , Since that time I have reviewed Health Department re - gulations and it appears that the lots you are proposing . would comply . I have discussed this with Howard Schleider recently and I assume he will follow this up with the Health Department . The most . expedient course of action would be to get Health Department approval of the lots and return then to the Planning Board for Subdivision Approval . ' . Please call with any questions or clarification you might require , Sincerely yours Lawrence P . Fabbroni , . P . E . Town Engineer LPF / nf enclosure v v� r-� /� r. / n 1 ` , ,^� T; n i T' �` I -;Z T^ ,• i, (T ,JIM ((n ',?� t I -� ; r. ,� Y• t� ',' ,) wr ♦ • ..w • � �V rl • � J � Yr w .(r" J r4 i NAIHLEEN A . GAHNEY, M.G. j.747 Trumonsburg ?ood Comm ; :s ;onur of Heald 2 978 1 G_ aihoca, New York May , 1 ` l/ ?hone 273-7272 ��G Sidney R . Nusbaum , DVM 10 L0ChatG :": g RC: . ` A1N QFa Trenton , NJ 08628 Re : Lot Size Requirements /Sewage Disposal Construction Permits Dear Dr . Nusbau - : Reference is made to your letter dated 26 April 1978 . You raised a number of questions in your letter and perhaps the best response is to list the following points : 1 . he minimum lot size for each new or converted building that requires a sewage disposal system is one acre of usable area which must be shaped such that as a minimum , a circle of 200 feet diameter can be inscribed entirely within the confines Atof the usable area . This size requirement applies to all lots purchased after August 17 , 1977 . Minimum lot size for lots purchased prior to August 17 , 1977 is 30 , 000 square feet ( See Article {I' V. , Rules and Regulations , Rule IV , in the enclosed portion of the Tompkins County Sanitary Code ) . 2 . A sewage disposal construction permit is required prior to be - ginning a number of activities including construction of any new building or structure requiring a sewage disposal syste :t; ( ij. rticle VI , Sewage Disposal , Section 2a ) . , :None Co : tem-ola . - — y :: g a building lot purchase should first apply for G co struc - tion permit to be sure the , land is suitable for sewage disposal and can meet applicable lot size require : , e :: ts . I do not un6er - stand your reference about having a permit " prior to filing a :lap 3 . The site plan sketch , which is explaineu on the reverse side of page one of the application , helps the Department evaluate 7olans to develope the lot to ensure adequate placement of - the sewage system and the water well . If you need and want a construction hermit , then this information is required . If you are selling a lot and do not wish to develope it residentially then a permit is not required until the buyer chooses to develope the lot . The buyer , , then , would need to apply for the permit ( construe - tion permits are non - transferable ) . DVk Z, . The term " new construction " listed on the application refers to a :proposed new house to be built on an undeveloped lot . sting " refers to a previously built house . S . Percolation tests and a deep hole ( seven feet ) excavation are required on each lot requiring a construction permit . Lot size requirements may be halved if the property is served by public water , if sub - surface means of sewage disposal can be utilized , and if the lot is of an adequate size after halving to support a sewage system :r ( AYtic :e VI , Rul : s and Regulations Rule IV , A ) . Your lots ( each 162 ' x 184 ' ) whic you plan to sell appear to not r eet t he rr; in i ; u a lot size requirements of the Sanitary Code . If you wish ALi to discuss any as of this subject please feel free to call me or Mr . John Andersson , Sr . Public Health Engineer , between 8 : 30 a . m . and 4 : 30 p . m . Monday through Friday at ( 607 ) 273 - 7272 . I hope this information gives you the assistance you requested . Yours truly , James M . Morris Sanitarian JMM : m s Encl . SIDNEY Re NUSBAUM , D . Ve M . 10 LOCHATONG RD. - TRENTON , NEW JERSEY 08628 TELEPHONE ( 609 ) 882- 1934 (- 1 - . :� a 111050 SIJ rN -s l � Vii li =) I_ arl i> c7 '-• ,. �� . . I � � j . nn +� "� .� VI I r _ _ i , J;1T rl : Vn � n � 1 U � Vc. ija� a n _� C: l �_ r, 2 " • ^ ti, 7 %�. min :! � u . o � i ,� a: cot; i , th . I b=.; 1. i V � �' -L : u pointed out !-!cat it w-zs essr : 'L Ial to 'nave a. st- w EtC e di. snosa1 ner it prior to filmz a rna. . . I fir.!z however that your application rec; : i. r :� a ' rawI -o, . " of any Orc p ser] buiId ing and a r naw is: of `e i `- 'D0p plan . iS 1 Dr0noce On. ]. ; �. i.. <,• �.� � 1. " 1 (7) t 'ni s req ire � . , rt cn k7l t brn met . .'.a .y 1 nave yu- ]r guirr,c. `. 1ii. so , it is net c1. e '=1r wl� , e, ther t ; , ls 1S t; ^ ra :., ann(-.,w ccrc' tru. cti , n Site, " . 1 own a ',''. o !ne or tre aCi „ h, 1nin , -, lot and therefore. 1 assume it is _not new rut a *n e-ri larc- ement of an establisher area . ., i n nrl cna ssC f i �. �. �. y , 1 :� rl p�-', ?� c l� 1 %:. L '. n {1. `.� Si l ., ”' t 'ne ad , inwrr 1. ^ ts ? hark l,, � » fcr your assi :. tance . Very tru :� y yt,)V -r; . j SIDNEY Re NUSBAUM , D . Ve Me ` f 10 LOCHATONO RD. l; TRENTON, NEW JERSEY 08628 TELEPHONE ( 609 ) 882- 1934 A A 26 February 1978 IvI�K IV T 79?8 Town of Ithaca owiv of Ithaca , 1e. w York 14850 Re . assessment 1603 Slaterville Road ( Tax i.=a p '110 Gentlemen : Route 79 I am considering subdividng all theAfrontage of the above described property ) to a depth of less than two hundred feet into three lots . This would leave approximately twer• ty one ( plus or minus ) acres of the original property . This lard is in improved and unimproved woodlot and would be used for recreation . If such subdvi. sion were made would the remaining acres centime to by assessed as woodland ? Thank you for your assistance . 77 ( i � . r2 St .50 Logs is I r cv1,. AFFIDAVIT OF POSTING - • TOWN CLERK ' S OFFICE ITHACA , N , Y. I , Edward L . Berg.en , 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 beheld by the Town of Ithaca Planning Board' on Tuesday , June 27 , 1978 , in -Town Hall , 126 East Seneca Street ( second floor Ithaca , NY 14850 , commencing at 7 : 30 p . m . as per attached . ' ®cation of sign - board used for posting : Front Entrance to Town Hall— Date of Posting : ;June 20 , 1978 - Date of Publication : June -22 , 1978 Edward L . Bergen • Town Clerk Town of Ithaca State of New York - County of Tompkins SS . Town of Ithaca Sworn to before me this 27th day of June -, 19 78 ' • . ��/�_" NOTARY GERTRUDE H• BERG Notary Public. State of Na ork 1 - No. 5"Zpkig 87 Qualified in 'fompkinn Cout�ya , TermEzpiree IVlarch 30, I9 TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Z � TUESDAY , JUNE ,&& 1978 -, B direction of the Chairman of the Planning Board , NOTICE IS HEREBY Y e Planning Board of the Town GIVEN that Public Hearings will be held by th Z7 "6 , 1978 , in Town Hall , 126 East Seneca Street of Ithaca , on Tuesday , June at the following times and on the following second floor ) , Ithaca , N . Y . , matters : 7 : 30 P . M . Consideration of Day Campground on Church of Jesus Christ of Latter-Day Saints property at 272 Enfield- Falls Road , Town of Ithaca Tax Parcel 6 - 34 - 1 - 3T 7 : 40 P . M . Final Subdivision Hearing for 5 - 1ot extension to Northview Road West Subdivision , Town of Ithaca Tax Parcel 6 - 42 - 1 - 9 . 3 , Willis Hilker . : 55 P . M . Final Subdivision Hearing for 3 - lot Subdivision proposed at the corner of . Slate rville and Burns Roads , Town of Ithaca Tax Parcel 6 - 56 - 4 - 1 . 2 , S . Nusbaum . •% 8 : 10 P . M . Adjourned Public Hearing : Town of Ithaca Tax Parcel 6 - 24 - 1 - 41 . 2 , a . portion thereof , Hayts • Road . Proposed Rezoning from Agricul - tural to Multifamily and Site Plan Review of approximately 5 . 4 acres for a 10 -unit apartment building ; John D . MacLean . Said Planning Board will at said times and said place hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Edward L . Bergen Town Clerk Town of Ithaca 10 $Datedo June +Op 1978 LZ Publish : June } 6 ; 1978 26 ITHACA JOURNAL Thursday, June 22, 1978 j j 1 Legal Notices TOWN OF ITHACA PLANNING , BOARD (NOTICE OF PUBLIC HEARING j TUESDAY, JUNE 27, 1978 By direction of the Chairman of the Planning Board, NOTICE IS . r HEREBY GIVEN that Public Hearings will be held by the Plan- ning Board of the Town of l thaca ori Tuesday, June 27, 1978, in Town ,Hall, 126 East' Seneca Street ( sec- lond floor ), Ithaca, :N .Y . at the following times and on the follow- ' ; Ing matters : 7 :30 P.M. Consideration of Day jCampground on -Church of Jesus . Christ Latter-Day Saints property. . ; at 272 Enfield Falls Road, Town of . - i Ithaca Tax Parcel 6-34-1 .3. ,. , .� 7 :40 ' P.M. Final Subdivision hear.- Ing for 5-lot extension to Northview' Road .West Subdivision, Town of,. ; Ithaca Tax Parcel 6-42-1 -9.3; Willis Hilker; - ` ' -; S 7 :55 P.M. Final Subdivision hear- , Ing for 3-lot subdivision proposed T at the Corner of Slaterville and Burns Roads, Town of Ithaca Tax. . Parcel 61 .2, S. Nusbaum. � 8 : 10 P.M. Adjourned Public ,Hear- ing : Town of Ithaca Tax Parcel . t 6-24-1 -41 .2,. a portion thereof, Hayti Road, proposed Zoning, from Agri; , cultural to Multifamily Nhnd Site Plan Review;of approximately 5.4 ; � � acres for a 10-unit apartment build: . . ing, John D. MacLean. Said Planning Board will at said` , `I times and said place hear all per- sons in support of such matters or , -objections thereto. Persons , may; 'appear by agent or in-person. . _ Edward-L. Bergen, l' " ' . r• -Town Clerk Town of Ithaca June 22, 1978 - TOWN OF ITHACA PLANNING BOARD, NOTICE OF PUBLIC HEARING, TUESDAY, JUNE 20, 1978 By direction of the Chairman of t the Planning Board, NOTICE IS HEREBY GIVEN that Public hearings wl11 be held by the Plan- ning Board of the Town of l ihaca on Tuesday, June 20, 1978, in Town Hall, 126 Easi Seneca Street ( sec- " and floor ); Ithaca, ' N! Y., ' at the following times and on the follow- ing matters : 7 : 30 P.M. Consideration of Day Campground , on Church of Jesus 'Christ of Latter•Day Saints proper- ty at 272 Enfield Falls Road, Town of Ithaca Tax Parcel 6.34.1 -3. 7 : 40 P.M. Final Subdivision Hear- ing for 5-lot extension toNorthview 1 Road West Subdivision, Town of II Ithaca, Tax Parcel 6-42-1 -9.3, Willis Hilker. 7 : 55 P,M. Final Subdivision Hear- Ing for 3-lot subdivision proposed at the corner of Slaterville and Burns Road, Town of Ithaca Tax Parcel 6-56-4-1 .2, S. Nusbaum . 8 : 10 P.M. Adjourned Public Hear- ing : Town of Ithaca Tax Parcel 6-24-1 .41 .2, a portion thereof, Hayts Road. Proposed Rezoning from .1 Agricultural to Multifamily and " 1 Site Plan Reviewofapproximately 1 5.4 acres for a 10--unit apartment building, Jahn D. MacLean. Said Planning Board will at said times and said place hear all per- sons in support of such matt rs or ' objections thereto. Persons may appear by agent or in person. Edward L. Bergen Town Clerk Town of Ithaca June 15, 1978 7