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HomeMy WebLinkAboutPB Minutes 1978-09-19 TOWN OF ITHACA PLANNING BOARD SEPTEMBER 19 , 1978 The Town of Ithaca Planning Board met in regular session on Tuesday , September 19 , 1978 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Liese Bronfenbrenner , Henry Aron , Montgomery May , Patrick Mackesey , Bernard Stanton , Carolyn Grigorov , James Baker , Robert Bonnell ( Assistant to the Engineer ) . ALSO PRESENT : Edward Mazza , Willis Hilker , Mr . and Mrs . Joseph W . Hulbirt , Betty Li , Che - Yu Li , Bonnie Simpson , Peter Gergely , Susan Ludlum , W . C . Silvernail , Carol Silvernail , Patty Porter , Susan Fertik , Donald Hart , Betty Hart , June Belous , Jean Baker , Aafke Steenhuis , Lyman Baker , George C . Kugler , Eva B . Hoffmann , W . A . Baker , Norbert H . Schickel , Jr . , Wayne R . Barr , Patricia Barr , Jerry Grasso . PUBLIC HEARING : CONSIDERATION OF PROPOSED REZONING OF TAX PARCEL 6 - 54 - 4 - 257 167 KENDALL AVENUE , ITHACA , N . Y . , FROM RESIDENTIAL DISTRICT 9 TO MUL - TIPLE FAMILY DISTRICT . LAWRENCE AND TRINNA IACOVELLI . 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 Hearing in Town Hall and the Ithaca Journal on September 12 , 1978 , and September 14 , 1978 , respectively , together with the Secretary ' s Affidavit ® of Service by Mail of said Notice upon the various neighbors of the parcel in question and upon Lawrence and Trinna Iacovelli , as party to the action . Mr . Edward Mazza appeared before the Planning Board and stated that he was representing Mr . and Mrs . Iacovelli who were unable to attend because Mr . Iacovelli is working in the State of Massachusetts on a con - struction project . Mr . Mazza stated that this proposal has been before the Town of Ithaca Zoning Board of Appeals ( January 10 , 1978 ) and the request was denied . The Zoning Board of Appeals resolution reads as follows : " MOTION by Mr . Edward King , seconded by Mr . Edward Austen : RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca deny and hereby does deny the application for variance in the matter of the Appeal of Lawrence Iacovelli based upon the fact that there are no prac - tical difficulties or unnecessary hardship shown by Mr . Iacovelli as stated in Section 77 , paragraph 6 , of the Town of Ithaca Zoning Ordinance reading : ' Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this ordinance , the Board of Appeals shall have the power , in passing upon appeals , to vary or modify the appli - cation of any of the regulations or provisions of this ordinance so that the spirit of the ordinance shall be observed and public safety and welfare secured and substantial justice done . ' ; nor is this a case where this Board can issue special approval . ® Aye - Hewett , Reuning , King , Austen . Nay - None . Absent - Francese . Carried unanimously . " Planning Board - 2 - September 19 , 1978 Mr . Mazza noted that the Zoning Board felt that they had no authority to act upon this proposal nor did they have enough facts . Mr . Mazza stated ® that the appellants met again with the Zoning Board of Appeals on an infor - mal basis and the Zoning Board said that they did not have the authority to act on this proposal and suggested that the matter be taken to the Town Board . Mr . Mazza stated that they took the matter to the Town Board and the Town Board said to take the request to the Planning Board in order that the Planning Board may make a recommendation to the Town Board . ( Secretary ' s Note : The sequence of events as noted by Mr . Mazza is as follows and is set forth as described by Mr . Edward King , member , Zoning Board of Appeals , and Mr . Edward Bergen , Town Clerk : Mr . Mazza and Mr . Iacovelli met with the Zoning Board of Appeals on an informal basis on site on July 27 , 1978 , Mr . Francese , Mr . King , and Mrs . Reuning , being present , and toured the premises in question and went through the house itself . On July 31 , 1978 , at 7 : 30 p . m . , again on an informal basis , Mr . Mazza met with the Zoning Board of Appeals which said that they did not have the authority to act on this proposal and suggested that the matter be taken to the Town Board with a request for amendment of the Zoning Ordinance to allow for the acretion of two lots for the placement of one house and / or a rezoning for a multi - family residence . On August 7 , 1978 ) at the Town Board Meeting held in the Forest Home Chapel , the Town Board informed Mr . Mazza that a rezoning request should be presented to the Planning Board in order for the Planning Board to make a recommendation to the Town Board . ) Mr . Mazza stated that the area in question is located in an R- 9 Residential District and is known as 165 - 167 Kendall Avenue , Town of Ithaca Tax Parcel # 6 - 54 - 4 - 25 . This parcel contains five 50 ' lots , the most westerly two lots of which contain Mr . and Mrs . Iacovelli ' s personal resi - dence , and the easterly three lots contain the two - family structure in question . These three 50 ' frontage lots may be considered as one - 150 ' - frontage lot . Mr . Mazza stated that under the Town of Ithaca Zoning Ordinance these lots are big enough to put single family homes on each of the three lots . Mr . Mazza pointed out that the zoning ordinance permits three unrelated persons in each of these single family dwellings , should they be built , and , therefore , there could be nine unrelated persons in these three homes on these three 50 ' lots . Mr . Mazza also pointed out that this 150 ' lot could be divided into two lots of 75 ' frontage and there could be two two - family dwelling homes constructed thereon . Mr . Mazza stated that he had discussions with Mr . Buyoucos , the Town Attorney , as to how many unrelated persons there may be permitted in such a two - family dwelling . Mr . Mazza stated that he ( Mazza ) contends that there may be eight unrelated persons on these two lots of 75 ' each if the lots were to be so constructed upon . Mr . Mazza stated that Mr . Iacovelli :.,would like to have the one structure that is presently in place on the three lots become a four - dwel - ling unit structure and have it be occupied by a total of eight unrelated persons . Mr . Mazza noted again that this concept would be much less of an impact on the parcel than , say , the three single - family homes he des - cribed placed upon three 50 ' lots with the possibility of nine unrelated ® persons totally . Mr . Mazza stated that the parcel in question abutts on a light indus - trial zone . He reiterated that the Iacovelli ' s home is directly to the west of the two - family dwelling in question . Mr . Mazza stated that d.ontiention that having this dwelling structure set up in the proposed manner , i . e . , a four - unit dwelling , is Planning Board - 3 - September 19 , 1978 not going to hurt the public health , safety or welfare ; there would be no greater traffic than what there would be if each of the three 50 ' lots were developed ; there would be no greater noise ; there would be no greater incursion upon the water and sewer system ; there would be more air space available , more open space and there would be no parking problem . Mr . Mazza pointed out that under the present zoning ordinance there is a practical difficulty and unnecessary hardship involved since it is more of a financial problem to construct three single - family homes than the one presently two - family structure . Mr . Mazza cited the benchmark case in this area of the zoning law , 1967 New York Court of Appeals case of Fulling v . Palumbo , wherein the petitioner appealed a Zoning Board denial of a variance based upon there being no economic hardship shown . The Court of Appeals held that the variance was improperly denied and stated the following rule of law : " The basic rule which has evolved from the case is : where the property owner will suffer significant economic injury by the application of an area standard ordinance , that standard can be justified only by a showing that the public health , safety and welfare will be served by upholding the applications of the standard and denying the variance . " Among the documentation presented to the Planning Board was also a case in the Village of Cayuga Heights - - Daniel Marvin and Dr . H . J . Peter Patrick vs . the Village of Cayuga Heights Zoning Board . The petitioner took an Article 78 proceeding against the Zoning Board ' s denial of the appeal to have a dental office in a house in a residential area . Judge ® Bryant ruled in favor of the petitioner and the Zoning Board appealed the matter to the Appellate Division which confirmed Judge Bryant ' s decision . Chairman Bronfenbrenner asked for a review of what is presently on the site . Mrs . Bronfenbrenner noted that the premises in question is a " parcel 120 ' x 150 ' . Mrs . Bronfenbrenner stated that the Board could not proceed without a site plan . Photographs of the two - family home presently on site were distributed around to the Board members . Mr . Mazza stated that he was trying to find a Board to hear this matter . Mr . Fabbroni stated that the building as it stands on the lot ( s ) right now is placed to the easterly side of the three lots and has the dimensions as shown on the plan entered with the building permit applica- tion although the original permit application showed it to the westerly side of the three lots . Mr . Fabbroni stated that the building does not meet the requirements for multiple residence in terms of side yard but it does meet the requirements of an R- 9 district . Mrs . Bronfenbrenner stated that the Iacovelli application does not meet the area , side yard and parking requirements of the Zoning Ordinance for Multiple Residence District . Mrs . Bronfenbrenner stated that the Board does not have enough information . Mr . Fabbroni stated that the Planning Board should consider the application on the basis of whether the application has any merit to begin with . Mr . Fabbroni stated that the things being pointed out , e . g . , parking , have been difficult to meet on any apartment in the Town with regard to the front yard and the logical conclusion is that it should be changed . Mr . Fabbroni noted that the Board is considering one building here and typically the zoning ordinance is referring to a complex of buildings . He Planning Board - 4 - September 19 , , 1978 noted that in this case garbage may mean four garbage cans . Mrs . Bronfenbrenner pointed out that eight people can make a serious trash problem . Mr . Fabbroni stated that a consensus on the merits of the application itself is needed before moving on to what are site plans . Mr . Mackesey stated that if Mr . Iacovelli felt at the time that a two - family structure was economically feasible , why does he now , only a month after occupancy , find it economically unfeasible . Mr . Mackesey pointed out that he has not tried to find out if it is economically feasible . Mr . Mazza stated that they are saying that the zoning creates serious economic injury to whoever owns it . There followed a lengthy exchange between Mr . Mazza and the Board as to the citation of the Palumbo case . This was followed by a lengthy discussion of just what a four - dwelling structure can mean in any area and how many persons may or may not end up living in such a structure . Mr . Mazza pointed out that the economic injury involved here is the placing of another two - family structure right next door which would be permitted . Mrs . Bronfenbrenner stated that she did not think it is arguable that ® a multi - family residence is a detriment to a neighborhood - this is a fact of life in this town . Mr . Fabbroni noted that this is a classic (5gse of spot zoning in a two - family neighborhood . Mr . Mazza asked the Board why there is provision for rezoning in the Town zoning law ? Mr . Mackesey pointed out that Mr . Iacovelli will have to rent to students . A lengthy discussion of this question followed . Mrs . Eva Hoffmann , from the floor , asked again about the Palumbo case - - when it was decided and in what court . Mr . Mazza stated that it was decided in 1967 in the New York Court of Appeals which is the highest court in the State of New York . Mrs . Susan Fertik , 118 Juniper Drive , spoke from the floor and voiced her opposition to any multiple residence development in the general area . Mr . George C . Kugler , 101 Pine View Terrace , spoke from the floor and asked if this proposal for rezoning meets the one acre requirement for multiple residence district ( 43 , 560 sq . ft . ) as stated in Section 28 , Mrs . Bronfenbrenner replied that it did not . Mr . Kugler presented a petition signed by 28 persons in the area of Pennsylvania Avenue , Kendall Avenue , Pine View Terrace , and Juniper Drive , and reading as follows : " We the undersigned residents of the South Hill Area wish to go on record as being opposed to any changes to this area ' s zoning regulations . Planning Board - 5 - September 19 , 1978 This area has been traditionally a residential zone and the housing blends with the scenic views , any changes to allow multi - storied buildings • would block and distort the views and lose the beauty of the area . Another and equally point is that the increased traffic flow from multiple dwelling would be detrimental to the existing roads and increase the chance of accidents . " Mr . Kugler cited the horrible house on Juniper Drive and Pine View Terrace which is a Sterling Homes pre - fab , very small , and full of students . Mr . Che - Yu Li , 112 Juniper Drive , spoke from the floor and stated that if this spot zoning were to be allowed the next one would be allowed too that Mr . Iacovelli has in mind . Mr . Mazza pointed out that Lawrence Iacovelli has nothing to do with the apartment request that this Board heard about a year ago from his brother . • Mr . Lyman Baker , 257 Pennsylvania Avenue , stated that .103 Kendall Avenue has six students crammed in two bedrooms and also that 239 Pennsylvania Avenue has four cars in the front yard and that there is also a dump in progress on Kendall Avenue . Mrs . June Belous , 178 Kendall Avenue , stated that she lives on a dead end . and that the winter is a hazard there and the traffic is bad . Any added traffic would be a disaster . She stated that people use her property as a turn - around . ® At 8 : 29 p . m . Chairman Bronfenbrenner declared the Public Hearing in the Lawrence and Trinna Iacovelli rezoning request duly closed . Mrs . Bronfenbrenner asked if there were any further comments from the Board . Mr . Mackesey stated that he felt it was spot zoning and could see no severe economic hardship . Mr . Mazza repeated that his client was facing severe economic injury . MOTION by Mr . Montgomery May , seconded by Mrs . Carolyn Grigorov : RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board that the request of Lawrence and Trinna Iacovelli for the rezoning of Tax Parcel No . 6 - 54 - 4 - 25 , 167 Kendall Avenue , Ithaca , N . Y . , from residential District 9 to Multiple Family District be denied on the basis that it does not meet the requirements of paragraph 1 of Section 28 of Article VI of the Town of Ithaca Zoning Ordinance . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Aron , May , Mackesey , Stanton , Grigorov , Baker . Nay - None . The Chair declared the MOTION to be carried unanimously . Chairman Bronfenbrenner stated that she thought the matter is a isvariance question and should be before the Zoning Board of Appeals . PUBLIC HEARING : SITE PLAN REVIEW , PHASE II , EASTWOOD COMMONS , TAX PARCEL 6 - 60 - 1 - 25 . 42 , TOWN OF ITHACA , N . Y . NORBERT SCHICKEL . Chairman Bronfenbrenner declared the Public Hearing in the above - noted matter duly opened at 8 : 36 p . m . , and presented for the record the Planning Board - 6 - September 19 , 1978 Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on September 12 , 1978 , and September 14 , 1978 , respectively . Mr . Norbert Schickel appeared before the Planning Board and stated that he was requesting Planning Board approval of Phase 2 of his Eastwood Commons project . A map of the site plan was presented . Mr . Schickel pointed out that Phase 1 included sites l through 10 , plus 15 , recently approved as an addition thereto . Mr . Schickel stated that the Phase 2 approval request is for 14 buildings , number 11 through 25 , with the exception of number 15 . Mr . Schickel stated that he has introduced a new line of custom- designed " Villas " . He noted that they may have three units in each structure instead _ of four . He stated that the maximum would be four , but some may be less than four . Mr . May asked if this would be annexed to the homeowners ' agreement . Mr . Schickel said the residents ' association will continue . Mr . Aron asked if Phase 2 would be similar in construction to Phase 1 . Mr . Schickel replied that it would . Mr . Schickel noted that Phase 2 will complete the looping of the road . Mrs . Bronfenbrenner asked if there were water and sewer . Mr . Schickel stated that there was , noting that the water and sewer has been laid and will be spliced in . ® Mr . Schickel stated that they will build to order now . Mrs . Bronfenbrenner asked if the plans meet the required specifications . Mr . Fabbroni said that he had a couple of points to discuss . ( 1 ) The road is now going to be exactly the same as Wildflower , i . e . , pavement , gutters , etc . Mr . Schickel replied that it was . Mr . Fabbroni noted that Phase 1 had a very detailed landscaping plan . Mr . Schickel agreed and stated that the idiom of the landscaping plan will be followed . Mr . Fabbroni stated that final Health Department approval of the utility plan must be obtained . Mr . Schickel stated that they are using natural gas heat . Mr . Schickel stated that NYSEG had approved the whole project ; then they confined it to Phase 1 and after the furnaces were bought they said they would not approve and then they did . He stated that he thought the Phase 2 approval will stand now . Mr . Fabbroni mentioned the question of the Pyle land . Mr . Schickel stated that the title needs to be cleared up . The access to Woodcrest Avenue - walkway - was discussed . Mr . Fabbroni talked about going along with Mr . Schickel and changing the location of the walkway as it is shown here on the plan presented , the matter could be resolved in the course of the negotiations with Mrs . Or, cutt and Mrs . Esther Martin . He noted that the right of way involves two people ; on the Town side it involves only one . Mr . Fabbroni wished to have the record show that the fact is noted that the solution to the problem should involve some sort of access to the land - locked parcel of Mrs . Orcutt . Planning Board - 7 - September 19 , 1978 Mr . Schickel stated that he would not like the Board to make the • approval contingent upon that because he would have no bargaining power . He stated that the Town requested this walkway and he wants to have the walkway , but , in order to do it he has to have a _ . negotiating area . Mr . Schickel stated that he will give her access to her property from Stawberry Hill Road . Mr . Fabbroni recommended changing the location of the walkway so it does not cut right through her property . There being no further comments , Chairman Bronfenbrenner declared the Public Hearing in the matter of site plan review of Phase II of Eastwood Commons , duly closed at 8 : 58 p . m . MOTION by Mrs . Carolyn Grigorov , seconded by Mrs . Liese Bronfenbrenner : RESOLVED , that the Planning Board of the Town of Ithaca grant and hereby does grant final approval to the site plan presented , Eastwood Commons , Phase II , Tax Parcel No . 6 - 60 - 1 - 25 . 42 , 14 buildings # 11 through #25 , excluding # 15 , contingent upon receipt of the approval of said Phase II from the Tompkins County Health Department for utilities . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Aron , May , Mackesey , Stanton , Grigorov , Baker . Nay - None . ® The Chair declared the MOTION to be carried unanimously . . CONSIDERATION OF WALKWAY IN FOREST HOME . At 9 : 00 p . m . , the Board commenced discussion of a walkway in the Forest Home neighborhood of the Town . Mr . Fabbroni stated that Mr . John Hertel owns a walkway from Warren Road down along the edge of the Cornell property to Forest Home Drive just opposite the north bridge in Forest Home , between Kelley ' s property and Whetzel ' s property . He stated that it is a ten - foot walkway and reiterated that it follows right along the Cornell property and comes out by the north bridge . Mr . Fabbroni stated that Mr . Hertel is proposing to give the walkway to the Town of Ithaca by quit claim deed . Mr . May wondered how much of a maintenance headache it is going to be for the Town , noting that parts of it are pretty steep . Mrs . Bronfenbrenner stated that it has managed pretty well with very little maintenance . Mr . Fabbroni stated that if the Town does not take the walkway , Mr . Hertel will quit claim it to the adjacent landowner and it will cease to be a walkway . Mrs . Bronfenbrenner noted that school children have always used this path even in the winter . She stated that it is fairly essential for the kids going to school and people walking to Campus use this path . She commented that it is hefty hiking . Mrs . Bronfenbrenner stated that people from Halcyon Hill and Crest Lane use it to go to Campus . She summed up by stating that it is a regularly travelled path . Planning Board - 8 - September 19 , 1978 Mr . Fabbroni stated that there is a certain amount of maintenance that goes with the walkway and Mr . Hertel is too old to do it any more and he has lost interest . Mr . Mackesey pointed out that the public safety is really better in terms of keeping people off the road when they use the walkway . MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . James Baker : RESOLVED , that the Planning Board of the Town of Ithaca is of the opinion that the Town of Ithaca should accept the quit claim deed from Mr . John Hertel for the pathway and should express its vote of thanks to Mr . Hertel . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Aron , May , Mackesey , Stanton , Grigorov , Baker . Nay - None . The Chair declared the MOTION to be carried unanimously . REVIEW AND DISCUSSION OF THOSE SECTIONS OF THE PROPOSED ZONING ORDINANCE THAT HAVE BEEN COMPLETED BY THE CODES AND ORDINANCES COMMITTEE . At 9 : 05 p . m . , the Chair led a discussion among the Board of those section of the proposed revision to the Zoning Ordinance that have been completed by the Codes and Ordinances Committee , being : a . Mobile Home Residence Zone b . Agricultural Zone c . Conservation Area d . Institutional Use Zone 5 . Special Flood Hazard Area . Mrs . Bronfenbrenner , a member of the Codes and Ordinances Committee , will carry the Board ' s comments to the Committee , as attached . The question of " landfills " was discussed briefly and left for further consideration at another time . ADJOURNMENT Upon Motion , the Chair declared the September 19 , 1978 , meeting of the Town of Ithaca Planning duly adjourned at 10 : 00 p . m . Respectfully submitted , Nancy M . Fuller , Secretary . TOWN OF ITHACA PLANNING BOARD TUESDAY , SEPTEMBER 19 , 1978 A G E N D A 7 : 30 P . M . PUBLIC HEARING : Consideration of Proposed Rezoning of Tax Parcel 6 - 54 - 4 - 25 , 167 Kendall Avenue , Ithaca , N . Y .' , from Residential District 9 to Multiple Family District . Lawrence and Trinna Iacovelli . 8 : 00 P . M . PUBLIC HEARING : Site Plan Review , Phase II , Eastwood Commons , Tax Parcel 6 - 60 - 1 - 25 . 42 , Town of Ithaca , N . Y . Norbert Schickel . 8 : 30 P . M . Consideration of Walkway in Forest Home . 8 : 40 P . M . Review and Discussion of those sections of the proposed Zoning Ordinance that have been completed by the Codes and Ordinances Committee . a . Mobile Home Residence Zone b . Agricultural Zone c . Conservation Area d . Institutional Use Zone e . Special Flood Hazard Area 9 : 30 P . M . ADJOURNMENT NOTE : IF ANY MEMBER OF THE PLANNING BOARD CANNOT ATTEND , PLEASE CONTACT ME IMMEDIATELY AT 273 - 1721 . 9 � Nancy M . Fuller ' Secretary Al / b AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ® ITHACAat No Ye Is Edward L . Bergen , . 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 the Planning Board of the Town of Ithaca, on Tuesday ; September 19 , 1978 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , NY , commencing at 7 : 30 p . m . as per attached . Location of sign board used for posting : Front Entrance to Town Hall Date of Posting : September 121 1978 Date of Publication ; September 14 , 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 15th day of September , 19 78 e NOTARY WRYRUDE H. BERGEN NOtarY Public, State of New York No. 55-5278725 Qualified in Tompkins County '1krm Expires March 30. 19 w Thursday, Sept . 14, 1978-:ITHACA-JOQURNAL 29 1 Legal Notices i TOWN OF_ITHACA PLANNING _ BOARD, NOTICE OF PUBLIC HEARINGS, TUESDAY, SEP- TEMBER 19, 1978 By direction of the Chairman of j the HEREBY GIVEN TlCE ic thatP Public Hearings will be held by the,Plan- ning Board of the Town of Ithaca oh Tuesday, September 19; 1978, in Town Hall, 126 East Seneca St. ( second floor ), Ithaca, N .Y. at the following times and on the folloi4- ing• matters : a ® 7 : 30 P.M. Consideration of Pro- posed Rezoning of Tax Parcel 6-54-4-25, 167 Kendall Avenue, Ithaca, N. Y. from Residential Dis- trict 9 to Multiple Family.District. Lawrence and Trinna lacovelli `-' 8 :00 P.M, Site Plan Review, Phase I I, , Eastwood Commons, Tax Parcel 6-60-1 -25.42,, Town of Ithaca, !, N . Y. NorbertSchickel: ws'r Said Planning Board will-at said times and said place hear all per sons in support of such matters or - objections thereto. Persons 'may 1 appear by agent or_in person . Edward L. Bergen I Town Clerk 4 _ Town of Ithaca September 14, 1978 " i 04 TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS TUESDAY , SEPTEMBER 19 , 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 , September 19 , 1978 , in Town Hall , 126 East Seneca St . ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters : 7 : 30 P . M . Consideration of Proposed Rezoning of Tax Parcel 6 - 54 - 4 - 25 , 167 Rendall Avenue , Ithaca , N . Y . , from Residential District 9 to Multiple Family District . Lawrence and Trinna Iacovelli . 8 : 00 P . M . Site Plan Review , Phase II , Eastwood Commons , Tax Parcel 6 - 60 - 1 - 25 . 42 , Town of Ithaca , N . Y . Norbert Schickel . Said Planning Board will at said times and said place hear all persons ep support of such matters or objections thereto . Persons may appear by agent or in person . Edward L . Bergen Town Clerk Town of Ithaca Dated : September 12 , 1978 Publish : September 14 , 1978 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) SS : ® COUNTY OF TOMPKINS ) Nancy M . Fuller , being duly sworn , deposes and says , that deponent is not a party to the action , is over 21 years of age and resides at 316 Turner Place , Ithaca , NY . That on the 13th day of September , 1978 , deponent served the within Notice upon : Lawrence & Trinna Iacovelli Billy & June Belous 165 Kendall Avenue 178 Kendall Avenue Ithaca , NY 14850 Ithaca , NY 14850 Beth H . Hilker Robert & Lida Martin 400 Coddington Road 180 Kendall Avenue Ithaca , NY 14850 Ithaca , NY 14850 Therm , Inc . Gennaro Raponi Hudson Street Ext . 341 Coddington Road Ithaca , NY 14850 Ithaca , NY 14850 Willis S . Hilker Caesar Fontana ® 275 Burns Road 218 Columbia Street Ithaca , NY 14850 Ithaca , NY 14850 Joseph Cardonia Orson Ledger 177 Kendall Avenue 315 West Seneca Street Ithaca , NY 14850 Ithaca , NY 14850 Richard Berggren Elbert W . Sherwood 119 Williams Glen Road 249 Coddington Road Ithaca , NY 14850 Ithaca , NY 14850 Herbert Freeman Leo V . Rosica 419 North Albany Street 249 Pennsylvania Avenue Ithaca , NY 14850 Ithaca , NY 14850 Vincenzo & Ruth Iacovelli Lyman E . & Jean Baker 159 Kendall Avenue 257 Pennsylvania Avenue Ithaca , NY 14850 Ithaca , NY 14850 Murray & Kathleen Royal Harold & Elva Perry 153 Kendall Avenue 271 Pennsylvania Avenue Ithaca , NY 14850 Ithaca , NY 14850 - 2 - 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 . Na cy M . uller Sworn to before me this 13th day of September , 1978 . GERTRUDE H. BERGEN Notary Public, State of New York No.Qualified in Tompkins Tompkins County Notary Public berm Expires Larch 30, 19H2L TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS TUESDAY , SEPTEMBER 19 , 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 , September 19 , 1978 , in Town Hall , 126 East Seneca St . ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters : 7 : 30 P . M . Consideration of Proposed Rezoning of Tax Parcel 6 - 54 - 4 - 25 , 167 Kendall Avenue , Ithaca , N . Y . , from Residential District 9 to Multiple Family District . Lawrence and Trinna Iacovelli . 8 : 00 P . M . Site Plan Review , Phase II , Eastwood Commons , Tax Parcel 6 - 60 - 1 - 25 . 42 , Town of Ithaca , N . Y . Norbert Schickel . , Said Planning Board will at said times and said place hear all persons � n support of such matters or objections thereto . Persons may appear by agent or in person . Edward L . Bergen Town Clerk Town of Ithaca Dated : September 12 , 1978 Publish : September 14 , 1978 / I � � F" I 1 I • j, ., • I s I I , , Town of Ithaca Town Board IWe . the undersigned . residents of the South Hill Area wish to go on record as being opposed to any changes to this area ' s zoning regulations . Ochis" area has been traditionally a residential zone and the housing blends frith the -scenic views , any changes to allow multi- storied buildings would block and distort the views and lose the beauty of the area . I. ,A.nother and equally point is that the increased traffic flow from multiple 6,r6lling would be detrimental to the existing roads and increase the chance of . accidents . RECEIVED SOLN1978 ,te Name Address t hook Y FrS� 1141 ? Y /� - y / vim es- �� ` w • � ,� 2, b � I�`►vti GvYLI.-C'� C, �hl-�- T �/ '..�� � �y �U S i 1 0171 1110 Ir �``' / �V �"`� - • ��`� o,f ncOL 4-�--�' y qq9 7e 1 o\ . � -4 � � � 119f,1WVJj1wgov,,e4 quoc . Ile w/t9 it v �� 'l ° y Town of Ithaca Town Board We the undersigned residents of the South Hill Area wish to go on record as being opposed to any changes to this area ' s zoning regulations . This area has been traditionally a residential zone and the housing blends with thessenic views , any changes to allow multi— storied buildings would block and distort the views and lose the beauty of the area . Another and equally point is that the increased traffic flow from multiple - dwelling would be detrimental to the existing roads and increase the chance of accidents . Date Name Address vvnildCIA �l�q @���i,�• /off ✓ /�uv.� , ����L 103 1/0 113 � ( c;5 �e �- �'► � 1 �� -�'"-� (mac- �` �'�. z. . LVED. REC .19 1979 TOWN OF ITHACA 41 . . ' • - .