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HomeMy WebLinkAboutPB Minutes 1979-10-02 TOWN OF ITHACA PLANNING BOARD OCTOBER 2 , 1979 The Planning Board of the Town of Ithaca met in regular session on Tuesday , October 2 , 1979 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at 7 : 30 p . m . PRESENT : Chairman Henry Aron , Liese Bronfenbrenner , Bernard Stanton , James Baker , Edward Mazza , Carolyn Grigorov , Barbara Schultz , Montgomery May , Barbara Restaino ( Town Planner ) . ALSO PRESENT : Mrs . William Meiczinger , Mrs , C . T . Redline , Robert I . Wright , Luciano L . Lama , Luciano A . Lama , Gloria R . Lama , William J . Brazo , Sr . , Ednabelle Brazo , Evan N . Monkemeyer , Lois D . King , Beverly D . /. ' Schmidt , E . Frederick Holst , E . L . Hollister , James L . Stacco , Jr . , John Vasse , Frank Flacco , Sharon Doescher ( Ithaca " C6llege ) ., James ( ? ) L . Gold (Ithaca College ) . Chairman Aron declared the meeting opened at 7 : 34 p . m . APPROVAL OF MINUTES MOTION by Mr . Henry Aron , seconded by Mrs . Carolyn Grigorov : RESOLVED , that the Minutes of the Planning Board Meeting of September 52 1978 , be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - Aron , Bronfenbrenner , Stanton , Baker , Grigorov , May . Nay - None . Abstain - Schultz , Mazza . The - 1:10TION was declared to be duly carried . MOTION by Mr . Henry Aron , seconded by Mr . James Baker : RESOLVED , that the Minutes of the Planning Board Meeting of September 45 1979 , be and hereby approved with the following corrections : 1 . Page 3 , paragraph 5 , line 2 , strike " color " . 2 . Page 3 , paragraph 5 , line 4 , change " One " to " The " and change " Texture . III " to " Texture I - 11 " . There being no further discussion , the Chair called for a vote . Aye - Aron , Bronfenbrenner , Baker , Grigorov , May , Schultz , Mazza . Nay - None . Abstain - Stanton . The MOTION was declared to be duly carried . MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . James Baker : . RESOLVED , that the Minutes of the Planning Board Meeting of September 18 , 1979 , be and hereby approved as written . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , Baker , Grigorov , May , Schultz , Mazza , Stanton . Nay - None . Abstain - Aron . i Planning Board - 2 - October 2 , 1979 The MOTION was declared to be duly carried . REPORT OF THE BUILDING INSPECTOR Mrs . Restaino reported , on behalf of Mr . Fabbroni , that in the month of September 1979 , two permits were issued for $ 97 , 000 . worth of improve - ments , as compared with 27 permits for a total of $ 448 , 225 . worth of improve - ments having been issued in September 1978 , REPORT OF THE TOWN ENGINEER Mrs . Restaino reported , on behalf of Mr . Fabbroni , that 2 , 000 feet of �. pipe have already been laid on Stone Quarry Road . She stated that the water improvement project is proceeding very well . a Mrs . Restaino reported that the NET bus is now carrying 200 - 250 people per day which is over a 50% capacity and this is considered to be a good turn out . REPORT OF THE TOWN PLANNER Mrs . Restaino reported that the Highway Department has lost its six CETA workers with the new cut by. the State . She noted that they were good workers and they were learning their jobs . Mrs . Restaino reported that we still have our eight CETA workers for the parks project , this being a different part of CETA , and this program should go through February 1980 , Mr . May asked if the Town will be able to provide jobs adequately through the winter . Mrs . Restaino replied that there would be many jobs to do , such as building benches , picnic tables , tooling - . up , etc . Mr . Aron commented that the State of New York has said that if they have worked for you . under CETA , they can be employed by you as regular employees . Mrs . Restaino stated that this is correct - - the idea is to provide training so that they could be employed in regular jobs . Mrs . Restaino reported that the Town ' s ad hoc SEQR committee is meeting next Wednesday , October 10th , and has compiled the Type 1 list and will be going through the Type 2 list . She stated that they should have the SEQR law ready for the Town Attorney as of next week . K PUBLIC HEARING : CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR 5 - LOT SUBDIVISION ON EAST KING ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 43 - 1 - 3 . 3 , A PORTION THEREOF . EVAN N . MONKEMEYER . Chairman Aron declared the Public Hearing in the above - noted matter duly opened at 7 : 50 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 24 , 1979 , and September 27 , 1979 , respectively . Mr . Evan Monkemeyer appeared before the Board and stated that he wanted to report to the Board on a number of things . He stated that he has had a couple of meetings with the Health Department and it has changed his plans somewhat . He stated that he had a meeting today with Mr . John Andersson , the Sanitary Engineer with the Health Department . He reported that they had taken some deep test holes last week and it was determined that the soils that are called Lord Stone will not lend itself to a standard septic system . Mr . Monkemeyer reported that what he has decided to do is extend the public sewers up King Road along the north side - - right now it Planning Board - 3 - October 2 , 1979 is on the south side . He noted that this would be about an 800 to 1 , 000 foot extension . Mr . Monkemeyer stated that he would like to ask the Board for another extension of the final subdivision approval hearing until he can get back some engineering drawings on the sewer and water . Mr . Aron asked if there were anyone present from the area to speak to this matter . No one spoke . Mr . Stanton asked if there were any change in plans as to the 5 lots . Mr . Monkemeyer stated that the plan is still for five lots , the need is >� for engineering drawings . MOTION by Mr . Edward Mazza , seconded by Mr . James Baker : RESOLVED , that this Public Hearing in the matter of consideration of final subdivision approval for 5 - lot subdivision on East King Road , Town of Ithaca Tax Parcel No . 6 - 43 - 1 - 3 . 3 , a portion thereof , as proposed by Mr . Evan N . Monkemeyer , be and hereby is adjourned until October 23 , 1979 , at 7 : 30 p . m . , . without the necessity of any more advertising , this meeting and this resolution serving as notice of such adjournment . There being no further discussion , the Chair called for a vote . Aye - Aron , Bronfenbrenner , Stanton , Baker , Mazza , Grigorov , Schultz , May . Nay - None . . The Chair declared the MOTION to be carried unanimously and the Public Hearing to be duly adjourned at 7 : 58 p . m . . DISCUSSION OF SIGN ORDINANCE REVISIONS AND PLANNING BOARD PROCEDURES Mr . Aron asked Mr . May if at all possible could the Sign Ordinance Committee have their complete draft ready for approximately November 13th . Mr . May stated that in a rough form that would be possible for discussion . Mr . Aron also noted that the Planning Board Procedures committee is meeting and could be ready by November 13th . j PUBLIC HEARING : CONSIDERATION OF REQUEST FOR CHANGE IN ZONE AT 1319 MECKLENBURG ROAD , TAX PARCEL NO , 6 - 28 - 1 - 26 . 6 , 6 . 69 ACRES , A PORTION THEREOF PROPOSED -TO BE MULTIPLE RESIDENCE , APPROXIMATELY 240 FEET BY 300 FEET , AND THE REMAINDER PROPOSED TO BE COMMERCIAL . PRESENT ZONING , R - 30 , ROBERT I . WRIGHT , Chairman Aron declared the Public Hearing in the above - noted matter duly opened at 8 : 02 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 24 , 1979 , and September 27 , 1979 , 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 Mr . Wright . • Mr . Wright appeared ppeared before the Board and stated that the parcel pro - posed for multi - family has been used as such . for twenty - five years . He stated that the subject attached property was used as a commercial hatchery until the Marshall ' s went out of business . Mr . Wright stated that what he is proposing is to zone the property as to what it is being and has been used for for a number of years . Planning Board - 4 - October 2 , 1979 Chairman Aron asked if there were any questions from the public . Mrs . William . Meiczinger , 1375 Mecklenburg Road , asked Mr . Wright if he were going to use the present buildings exactly as they are now . Mr . Wright replied that he was . Mrs . Meiczinger asked if the commercial were going to be antiques . Mr . Wright replied that it was and also that two other buildings , would have compatible uses in them . Mr . E . L . Hollister , 173 West Haven Road , stated that in the proposed commercial land , although Mr . Wright ' s plans are for what has been the practice , there is no assurance as to what could be in there some day . Mr . Wright replied that he assumed that that is correct since he cannot be <<, assured that he will be alive ten years from now . Mr . Hollister stated that on that basis he would be opposed to the rezoning for commercial . Mr . Hollister stated that he had no qualms about the house and would approve the request on the multiple residence . Mr . Fred Holst , 185 West Haven Road , had a question about a past zoning or Planning Board action in relation to a similar request at this property . and noted that at that time it ' was deemed to justify changing the current three - apartment residence to four , which he assumed Mr . Wright is proposing now . Mr . Wright stated that he would like to add a fourth apartment only . Mr . Holst stated that he would confirm that particular action taken by the Zoning Board of Appeals . Mrs . William Brazo , 1393 Mecklenburg Road , stated that she was against this proposal for the same reason that Mr . Hollister said - - there is no safety from future in commercial . • Mrs . Beverly Schmidt , 177 West Haven Road , stated that she agreed on that but she would like to know why she was not notified of the hearing . Mrs . Fuller explained the mailing process to adjacent neighbors , noting that 17 adjacent neighbors were notified by mail of the hearing . Mrs . Lois King , 181 West Haven Road , stated that she would be con - cerned with a spot zoning request with no guarantees against future occupancy . She asked if there were a Town of Ithaca overall zoning plan ; does spot zoning fit into this overall picture ? Since there appeared to be no further comments from the public , the Chair declared the Public Hearing closed at 8 : 14 p . m . Mr . Aron stated that he had before him a plan which has been stamped by Howard Schlieder , but he did not have a site plan . He stated that plan does not show the building locations , their size , nor their use ; nor did he find the drainage on the plan , and , since he assumed there is no public water or sewer , he did not see any septic location or system on this plan . Mr . Aron stated to Mr . Wright that this plan is inadequate and he felt that before the Board can make any decisions or recommendations it should have a complete set of plans showing all those things so that it may proceed . Mr . Aron asked for comments from the Board . Mr . Stanton said that he did not think the Board could proceed tonight but he thought the Board 10 should utilize its -- . time to collect its judgment as to what it does see . Mrs . Bronfenbrenner stated that she thought the Board could discuss this matter and get some of its questions out of the way . She stated that she agreed with Mr . Aron that the Board cannot give any approvals or recommenda- tions , but some things can be cleared up . Mr . Stanton noted that the area involved is 6 . 69 acres ; there is the question of the multiple family ; there is the matter of a. large area being Planning Board - 5 - October 2 , 1979 proposed for commercial . Mrs . Bronfenbrenner asked for how many years has the hatchery not been working . It was noted that it ceased about 5 years ago and no longer applies . It was noted that there are 3 antique shops there and the dairy barn has burned down . Mr . Hollister noted the buildings that have been used as shown . Dis - cussion of the present use of the house followed , noting that there are 3 apartments and now it is proposed to add a fourth one . Mr . Mazza noted that Mr . Wright is going to continue things just as 1 they are and added that as he understands it , Mr . Wright can continue with what he is doing without any permission from the Board . Mrs . Bronfenbrenner pointed out that once it is zoned commercial , adding that Mr . Wright would have to indicate what type of commercial he wished , any commercial use can go in there . Mr . Aron commented that if one were to assume that this parcel is zoned commercial and then it is sold , with reference to what Mrs . Bron - fenbrenner brought out , any buyer can put anything on it once it is zoned , and the neighbors would have a . cominercial park , : so to speak . Mr . . Mazza noted that with respect to the multi - residence , Mr . Wright is going to add an apartment . Mr . Wright agreed and added that there would be no change in the building . Mr . Mazza asked how many people are there now . Mr . Wright stated that there are two in each of the other two and his wife and himself in the other one , for a total of 6 people . Mr . Mazza asked Mr . Wright why he needed the fourth apartment . Mr . Wright replied that he and his wife have no use for it , all their children are leaving . It was discussed that the " tenant house " and the " first house " are included in the part proposed for a multi - family zone . Mr . Aron asked that Mr . Wright supply the Board with a complete site plan with an engineer ' s stamp on it and the stakes shown , together with the buildings , their size and distances and drains , and the septic system and leech bed location , drainage , and the use of the buildings . Mr . May suggested that it need not be required to have an engineer draw these plans for the preliminary discussion . Mr . Aron withdrew the requirement for an engineer ' s drawing of the site plan . Mr . Aron pointed out that the submission of these plans does not guarantee a granting or non - granting of approval by the Board . MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . Montgomery May : RESOLVED , that the Public Hearing in the matter of consideration of request for change in zone at 1319 Mecklenburg Road , Tax Parcel No . 6 - 28 - 1 - 26 . 6 , 6 . 69 acres , a portion thereof proposed to be multiple residence , approximately 240 feet by 300 feet , and the remainder proposed to be com- mercial , present zoning R - 30 , Robert I . Wright , be and hereby is adjourned . to October 23 , 1979 . There being no further discussion , the Chair called for a vote . Aye - Aron , Bronfenbrenner , Stanton , Baker , Mazza , Grigorov , Schultz , May . Nay - None . The MOTION was declared to be carried unanimously . Planning Board 1 - 6 - October 2 , 1979 Mr . Aron asked if there were any volunteers from the Planning Board to go up and look over this land . Mr . Stanton , Mrs . Grigorov , and Mrs . Bronfenbrenner ( if at all possible ) stated that they would go . DISCUSSION OF PROPOSALS FOR ROUTE 13 - - B - 1 CORRIDOR MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . Henry Aron : RESOLVED , that the Planning Board discuss the proposals for Route 13 improvement and the proposed B - 1 corridor . There being no further discussion on the Motion , the Chair called for a vote . Aye - Aron , Bronfenbrenner , Stanton , Baker , Mazza , Grigorov , Schultz , May . Nay - None . The MOTION was declared to be carried unanimously . Mrs . Bronfenbrenner stated that she did want to bring it up because we , as a Town , are affected , and particularly Forest Home , Northeast , and sections of Cayuga Heights , frightened by , the B - 1 corridor which is favored by NYS D . O . T . and the Board of Representatives . Mrs . Bronfenbrenner stated that she felt with the development that has gone around , particularly in their Hamlet , they need to be preserved , it making absolutely no sense to increase traffic . Mrs . Bronfenbrenner pointed out Community Corners and the '_'Indian Trails " in Forest Home . • Mr . Aron discussed the meeting with the Environmental Management Council committee . He noted that Mr . Desch was not particularly in favor . He noted that by - passes were suggested . and added that at that time those people could not answer that very well . Mr . Aron stated that the matter was brought up at a Town Board meeting and again this B - 1 corridor was brought up . He commented that the Town Board was not very much in favor of it because of the same kind of things Mrs . Bronfenbrenner noted - - destroying the neighborhood and the flow of traffic . Mrs . Bronfenbrenner asked if there have been any traffic generated studies . She added that she was not sure that this proposal takes care of any of this . 3 Mr May noted that any one of the plans seems to affect Forest Home . Mrs . Bronfenbrenner noted that Varna has been impacted for many years . Mr . Aron noted that Freeville is against the altering and the Dryden people are not very much in favor of it also . Mrs . Bronfenbrenner stated that this may be our chance to get this by - pass for Forest Home . Mr . Aron suggested that there might be approval of B - 1 contingent on the by - pass being done first . MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . Bernard Stanton : • RESOLVED , that the Town of Ithaca Planning Board request the Town Board of the Town of Ithaca not to grant final approval to the construction of the proposed B - 1 Corridor for the upgrading of New York State Route 13 , nor any similar corridor , which would cause an increase in traffic in established residential neighborhoods such as the Northeast of the Town of Ithaca , the Village of Cayuga Heights , and the Hamlet of Forest Home , until a new access road or roads to New York State Electric and Gas , Route 366 , Cornell Planning Board - 7 - October 2 , 1979 University , and downtown Ithaca are designed to by - pass the cited neighbor - hoods , and FURTHER RESOLVED , that the Planning Board requests that this approval not be granted until the impact upon the landowners whose land will be required' for the by - pass road has been considered . By way of discussion , which was led by Mrs . Bronfenbrenner , it was noted that neighborhoods are very important to preserve , as well as wildlife . Mrs . Restaino noted that the Board of Representatives needs to hear from the Town Board . y' There being no further discussion , the Chair called for a vote . Aye - Aron , Bronfenbrenner , Stanton , Baker , Mazza , Grigorov , Schultz , May . Nay - None . The MOTION was declared to be carried unanimously . SIGN ORDINANCE COMMITTEE MEETING It was agreed that the sign ordinance committee would meed on Wednesday , October 10 , 1979 , at Mrs . Grigorov ' s home at 7 : 30 p . m . The committee is comprised of Mrs . Grigorov , Mrs . Schultz , and Mr . May , ADJOURNMENT Upon Motion , the Chair declared the October 2 , 1979 , meeting of the . Town of Ithaca Planning Board duly adjourned at 9 : 15 p . m . Respectfully submitted , Nancy M . Fuller , Secretary . • TOWN OF ITHACA PLANNING BOARD . TUESDAY , OCTOBER . 2 , 1979 A G E N D A 7 : 30 P . M . Routine Business Approval of Minutes - September 5 , 1978 September 4 , 1979 September 18 , 1979 A Report of the Building Inspector Report of the Town . Engineer Report of the Town Planner 7 : 45 P . M . PUBLIC HEARING : Consideration of Final Subdivision Approval for 5 - lot Subdivision on East King Road , Town of Ithaca Tax Parcel No . 6 - 43 - 1 - 3 . 3 , a portion thereof . Evan N . Monkemeyer . 8 : 00 P . M . PUBLIC HEARING : Consideration of request for change in zone at 1319 Mecklenburg Road , Tax Parcel No . 6 - 28 - 1 - 26 . 6 , 6 . 69 acres , a portion thereof proposed to be Multiple Residence , approximately 240 feet by 300 feet , and the remainder proposed to be ' Commercial . Present Zoning , R- 30 . Robert I . Wright . 8 : 30 P . M . Report of the Planning Board Chairman , Henry Aron . 8 : 45 P . M . ADJOURNMENT Nancy M . Fuller Secretary :1 NOTE : IF ANY MEMBER OF THE PLANNING BOARD CANNOT ATTEND , PLEASE CALL ME IMMEDIATELY AT 273 - 1747 . 1 9 . 7V LUGIQvlq A , kuvy, a. 4e, Age AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA , N . Y. I Edward L . Bergen being duly s 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 Town of - Ithaca Planning Rnar8 on Tuesday , Octobe-r 2 , 1979 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , New York , commencing at 7 : 45 P . M . , as per attached . Location of sign board used for posting : Front Entrance to Town Hall Date of Posting : September 24 , 1979 Date of Publications September 27 , 1979 = Edwa Bergen Town Clerk Town of Ithaca r State of New York County of Tompkins SS . . Town of Ithaca Sworn to before me this 27th day of September s 19 79 0 NOTARY GERTRUDE BERGEN Notary P No" 55 527 725 ew York Qualified in Tompkins Gou • Term Expires March 30. 19 TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS TUESDAY , OCTOBER 2 , 1979 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 , October 2 , 1979 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters : 7 : 45 P . M . Consideration of Final Subdivision Approval for 5 - lot Subdivi - sion on East King Road , Town of Ithaca Tax Parcel No . 6 - 43 - 1 - 3 . 3 , a portion thereof . Evan N . Monkemeyer . 8 : 00 P . M . Consideration of request for change in zone at 1319 Mecklenburg Road , Tax Parcel No . 6 - 28 - 1 - 26 . 6 , 6 . 69 acres , a portion thereof proposed to be Multiple Residence , approximately 240 feet by 300 feet , and the remainder proposed to be Commercial . Present zoning , R - 30 . Robert I . Wright . Said Planning Board will at said times and said place hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Edward L . Bergen ., Town Clerk Town of Ithaca Dated : September 24 ; 1979 Publish : September 27 , 1979 22 ' 1THACA JOURNAL Thursday, September 27, 1979 Legal Netl[ef TOWN OF ITHACA PLANNING BOARD, NOTICE OF PUBLIC HEARINGS, TUESDAY, OCTO- B E R 2, 1979 By direction of the Chairman of the Planning Board, NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Plan- ning Board of the Town of Ithaca on Tuesday; October 2, 1979, in Towr Hall, 126 East Seneca Street ( sec- ond floor), Ithaca, N.Y., at the following times and on the follow- ing matters : 7 : 45 P.M. Consideration of Final Subdivision Approval for 5-lot Sub- division on East King Road, Town of Ithaca Tax Parcel No. 6-43-1 -3.3t a portion thereof . Evan N . Monkemeyer. 8 : 00 P.M. Consideration of re- quest for change in zone at 1319 Mecklenburg Road, Tax Parcel No. 6-28-1-26.6, 6.69 acres a portion thereof proposed to be Multiple Residence, approximately 240 feet by 300 feet, and the remainder proposed to be Commercial . Pres- . ent zoning, R-30. Robert I . Wright. Said Planning Board will at said 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 Town Clerk Town of Ithaca ., September 27, 1979 J 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 , New York . That on the 27th day of September , 1979 , deponent served the within Notice upon : Robert I . Wright Eddy Hill , Inc . 1319 Mecklenburg Road Jacqueline Eddy Ithaca , NY 14850 Bostwick Road Ithaca , NY 14850 George Ideman Judd Falls Road Frank and Rose V . Flacco Ithaca , NY 14850 165 West Haven Road Ithaca , NY 14850 Anthony Ceracche Enterprises 524 West State Street Hiro Okamoto Ithaca , NY 14850 1389 Mecklenburg Road Ithaca , NY 14850 State and Aurora , Inc . RHP , Inc . William J . and Ednabelle Brazo , Sr . P . O . Box 550 , Terrace Hill 1393 Mecklenburg Road Ithaca , NY 14850 Ithaca , NY 14850 Joseph Schimmenti Frank L . and Toni D . Prudence 309 Brooklyn Avenue 1395 Mecklenburg Road New Hyde Park , NY 11040 Ithaca , NY 14850 Fred Holst Ralph F . and Helen E . Tilton 185. West Haven Road 1401 Mecklenburg Road Ithaca , NY 14850 Ithaca , NY 14850 r. Steven Gaydosh Luciano L . and Rose Ann Lama -. 1295 Mecklenburg Road Box 424 Ithaca , NY 14850 Ithaca , NY 14850 David A . and Barbara J . Dubow Oscar and Elizabeth Westfall 1397 Mecklenburg Road 154 West Haven Road Ithaca , NY 14850 Ithaca , NY 14850 Alfred and Nelson Eddy Ignacio and Barbara Serrano Bostwick Road 1362 Mecklenburg Road Ithaca , NY 14850 Ithaca , NY 14850 By depositing same enclosed in a postpaid addressed wrapper , • in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York . Nan y M . 112 Sworn to before me this 27th day of September , 1979 . • ofary Public /GE, N. BERGEN N tart' Public, rrt;, of i*iew York No, 55-52788725 Qualified in Tompkins County i 'erm Expires Marco :v :. se , TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS TUESDAY , OCTOBER 2 , 1979 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 , October 2 , 1979 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters : Y 7 : 45 P . M . Consideration of Final Subdivision Approval for 5 -.lot Subdivi - sion on East King Road , Town of Ithaca Tax Parcel No . 6 - 43 - 1 - 3 . 3 , a portion thereof . Evan N . Monkemeyer . 8 : 00 P . M . Consideration of request for change in zone at 1319 Mecklenburg Road , Tax Parcel No . 6 - 28 - 1 - 26 . 6 , 6 . 69 acres , a portion thereof proposed to be Multiple Residence , approximately 240 feet by 300 feet , and the remainder proposed to be Commercial . Present , . zoning , R - 30 . Robert I . Wright . Said Planning Board will at said times and said place hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Edward L . Bergen Town Clerk Town of Ithaca Dated : September 24 , 1979 Publish : September 27 , 1979 i s' TOWN OF ITHACA ZONING BOARD OF APPEALS SEPTEMBER 11 , 1979 The Town of Ithaca Zoning Board of Appeals met on Tuesday , September 11 , 1979 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , New York , at 7 : 30 p . m . PRESENT : Vice - Chairman Jack D . Hewett , Edward W . King , Joan Reuning , Edward N . Austen , Lawrence P . Fabbroni , Building . Inspector . ALSO PRESENT : Robert I . Wright , Elizabeth O ' Connor , James O ' Connor , Marjorie VandePoel , Roger VandePoel . Vice - Chairman Hewett declared the meeting duly opened at 7 : 36 p . m . APPEAL OF EDDY HILL , INC . , ROBERT I . WRIGHT , AS AGENT , FROM THE DECISION OF THE BUILDING INSPECTOR DENYING BUILDING PERMIT FOR ADDITIONAL APART- MENT , RESULTING IN FOUR DWELLING UNITS . , AT 1319 MECKLENBURG ROAD , PARCEL NO , 6 - 28 - 1 - 26 . 6 , ITHACA , N . Y . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE V , SECTION 18 , PAR . 2 , OF THE TOWN OF ITHACA ZONING ORDINANCE . Vice - Chairman Hewett declared the Public Hearing in the above - noted matter duly opened at 7 : 36 p . m . , and accepted 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 August 31 , 1979 , and September 6 , 19792 respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice of Public Hearing on the various neighbors of 1319 Mecklenburg Road and Mr . Wright , party to the action . Mr . Wright appeared before the Board and noted that the Parcel Number as printed in ,the newspaper was erroneous , stating that the correct parcel number is;= 6 - 28 - 1 - 26 . 6 . The Board agreed to accept this correction and noted that the notification of neighbors was sufficient in that the neighboring properties would still be the same . Mr . Wright stated that he purchased this property one year ago in June on land contract and that it contains approximately 6 . 4 acres . Mr . Wright stated that the existing home has had three apartments for is about 15 or 20 years and that he would like to put a fourth apartment in it . He stated that his family does not need all of the room and they need the income to help pay the taxes . He noted that his children are r all leaving home . Mr . King noted that this parcel is located in an R- 30 zone which allows only two apartments . Mr . Hewett asked for comments from the public . There were none , there being no one present to speak for or against this matter . Mr . Hewett asked for comments or questions from the Zoning Board . Mr . King stated that he did not think that the need to have income is sufficient justification for issuing a variance . Mr . King asked Mr . Wright what the sizes are of the existing apartments , commenting that he assumed Mr . Wright ' s proposal was to add on . Mr . Wright indicated on the floor plans that he had submitted to the Board and which were mailed to them prior to this Hearing , the existing apartments . Mr . Wright stated that his proposal was not to add on . He stated that there would not be very much building , just s Zoning Board of Appeals - 2 - September 11 , 1979 putting in a wall or so . He stated that he has lived there since October , and the other two apartments are rented now . Mr . Fabbroni noted that there is a presumption , with no other evidence in hand , that the three- unit use is a legal non - conforming use and that it dates back to the time that the Marshalls were there . Mrs . Reuning wondered how many other people there are in the world who would like to do such a thing with their home for the same reasons - - so many people , she was sure , since taxes are a problem , but is it a legitimate reason for granting a variance . 3 Mr . King stated that he , personally , did not see any way to do what Mr . Wright wants under the Zoning Ordinance . Mr . Wright said then the only other thing to do is ask for a zoning change to commercial . Mr . King suggested a multiple residence zoning change might be more appropriate to ask for . MOTION by Mr . Edward W . King , seconded by Mr . Edward N . Austen : RESOLVED , that the Appeal of Eddy Hill , Inc . , Robert I . Wright , as agent , from the decision of the Building Inspector denying Building Permit for additional apartment , resulting in four dwelling units , at 1319 Mecklenburg Road , Town of Ithaca Tax Parcel No , 6 - 28 - 1 - 26 . 6 , Ithaca , New York , be and hereby is denied , the Board having found that no unneces - sary hardship has been shown by the Appellant . There being no further discussion , the Vice - Chairman called for a vote . Aye - Hewett , King , Reuning , Austen . Nay - None . The Vice - Chairman declared the MOTION denying the Appeal to be carried unanimously . Vice - Chairman Hewett declared the Public Hearing in the matter of the Appeal of Eddy Hill , Inc . , Robert I . Wright , as Agent , duly closed at 7 : 50 p . m . I 'VO Robert I . Wright 1319 Mecklenburg Rd Ithaca, N.Y. 14850 September 18 , 1979 Lawrence F'abroni Town of Ithaca Zoning Board 126 East Seneca Street Tt-haca . New York ]_4850 Gentlemen: As owner of Tax Map #28-1-26 . 6 of the Town of Ithaca, I respectively request a change of zoning at this property known as 1319 Mecklenburg Road, Ithaca, N.Y. My wife and I purchased the property from FddyHill Corp. on June 16, 1978 and reside in a portion of the residence. The property comprises 6 . 69 acres as noted on the attached map. I request that the property be changed to Multi-Family for the area shaded on the attached map. I also request the balance of the property be zoned commercial . The area I am requesting to be zoned Multi-Family has a large residence with several apartments and a tenant house that have been used for multi-family use at least twenty five years . i The area I have requested to be zoned commercial was used for a commercial egg hatchery for a similar period of time. The adjoining buildings were also used as part of the operation or a commercial dairy farm until 1974 . These changes would more appropriately match the present and past use of the property rather than its present zoning R-30 or two family residential. If I can be of any further assistance or if any additional information is needed, please feel free to contact me . Yours truly , o2fll�� Robert I . Wright 1319 Mecklenburg Rd. tr�1�d L-t vOc d d�VH-1 �CTb'O21 N3/i b'1�/1S3N� wv��,LLhL- a v c m Ck V � � c `ay O Vj O (y to ©'ER 0-9 cz Q " To V t ti V TOWN OF ITHACA SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS : (a) In order to answer the questions in this short ERF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) if any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) if all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1 . Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes _X_ No 2. Will there be a major change to any unique or unusual land form found on the site? Yes No 3. Will project alter or have a large effect on an / existing body of water? Yes No 4. Will project have a potentially large impact on groundwater quality? Yes XNo 5. Will project significantly affect drainage flow on V adjacent sites? Yes X No 6. Will project affect any threatened or endangered plant or animal species? Yes No 7. Will project result in a major adverse effect on air quality? Yes No 8. Will project have a major effect on visual character of the community or scenic views or vistas known to be important to the community? Yes No • 9. Will project adversely impact any site or structure of historic, prehistoric, or paleonto- logical importance or any site designated as a critical environmental area by a local agency? Yes No 10. Will project have a major effect on existing or future recreational opportunities? Yes X 'No H . Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance ��// as a result of the project 's operation? Yes /, No Short Environmental Assessment Form Page Two 13. Will project have any impact on public health jL or safety? Yes No 14. Will project affect .the existing community by directly causing a growth in permanent population of more than 5 per cent over a one-year period: or have a major negative effect on the character o the community or neighborhood? Yes �No 15• Is there public controversy concerning the project? Yes No PREPARER'S SIGNATURE: /''.�r�-� TITLE: REPRESENTING: DATE: i Form adopted by Town Board Resolution April 9, 1979•