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 ..
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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
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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