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HomeMy WebLinkAboutPB Minutes 1980-04-15 TOWN OF ITHACA PLANNING BOARD TUESDAY , APRIL 15 , 1980 A G E N D A - y�io/f1O 7 : 30 P . M . ADJOURNED PUBLIC HEARING : Consideration of request of Cornell Radio Guild , Inca d / b . a WVBR , for installation . . of radio broadcasting . antenna transmitting tower , 245 Bundy Road , Town of Ithaca Tax Parcel No . 6 - 27 - 1 - 7 . 8 : 15 P . M . Final Review Proposed Sign Ordinance Revisions 8 : 45 P . M . Approval of Minutes - February 19 , 1980 - March 18 , 1980 . 8 : 50 P . M . Status Report Planning Board By - Laws 9 : 00 P . M . . ADJOURNMENT Nancy M . Fuller Secretary NOTE : IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND , PLEASE NOTIFY ME IMMEDIATELY AT 273 - 1747 . Thank you . J l TOWN OF ITHACA PLANNING BOARD TUESDAY , APRIL 15 , 1980 • \ The Town of Ithaca Planning Board met in regular session on Tuesday , April 15 , 1980 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at 7 : 30 p . m . PRESENT : Chairman Henry Aron , Montgomery May , Liese Bronfenbrenner , James Baker , Barbara Schultz , Bernard Stanton , Carolyn Grigorov , Edward Mazza , Lawrence Fabbroni ( Town Engineer ) , Lewis Cartee ( Building Inspector ) , Barbara Restaino ( Planner ) , James V . Buyoucos ( Town Attorney ) . ALSO PRESENT : Ralph G . Carpenter , John VanOrder , Jr . , Donna M . VanOrder , Julia VanOrder , John VanOrder , Sr . , Elizabeth Roscioli , Roberta Chiesa , Tony Chiesa , Larry Roscioli , Anna Lucas , Stephen A . Lucas , Victor Bagnardi , Carl J . Yengo , Peter L.I . Bulkley , Michael E . Leach , Almina Leach , Katharine T . Bulkley , Josephine Richards , Paul S . Richards , Herbert M . Schaaf , Ruth M . Schaaf , Chris Wittle , Michael Leach , Nancy Koltes - Leach , James P . Savitt ( WVBR ) , Daniel B . Geller ( WVBR ) , Bob Lynch ( WTKO ) , Chris Fickes ( WTKO ) , Bruce Ryan ( WHCU ) . Chairman Aron declared the Meeting duly opened at 7 : 31 p . m . Chairman Aron stated that we are waiting for Mr . Buyoucos to arrive , who , as he stated at the last meeting , will render an opinion as to the matter before us , WVBR . Mr . Aron asked the indulgence of those present in the taking up of some other matters until Mr . Buyoucos comes . He asked if there were any objections to proceeding with other business . There were none . APPROVAL OF MINUTES MOTION by Mr . Bernard Stanton , seconded by Mrs . Carolyn Grigorov : RESOLVED , that the Planning Board Minutes of February 19 , 1980 , be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - May , Bronfenbrenner , Schultz , Stanton , Grigorov , Mazza . Nay - None . Abstain - Aron , Baker . The MOTION was declared to be carried . MOTION by Mr . Henryeconded b Mrs . Barbara Schultz : Y Aron Y RESOLVED , that the Planning Board Minutes of March 18 , 1980 , be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - Aron , Baker , May , Schultz , Stanton , Mazza . Nay - . None . Abstain - Grigorov , Bronfenbrenner . The MOTION was declared to be carried . STATUS REPORT PLANNING BOARD BY - LAWS Mr . Mazza stated that he is prepared to transmit material to the Secretary for typing . Planning Board - 2 - April 15 , 1980 ADJOURNED PUBLIC HEARING : CONSIDERATION OF REQUEST OF CORNELL RADIO GUILD , INC . D / B / A WVBR , FOR INSTALLATION OF RADIO BROADCASTING ANTENNA TRANSMITTING TOWER , 245 BUNDY ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 27 - 1 - 7 . Chairman Aron declared the adjourned Public Hearing ( adjourned from March 18 , 1980 ) in the above matter duly opened at 7 : 38 p . m . Mr . Aron noted that this is the third meeting on this matter . Mr . Aron introduced Mr . James V . Buyoucos , Town Attorney , to those present . Mr . Buyouco ;� , speaking to the Chair , stated that before we begin he would like to asli Mr . Bruce Wilson , the Attorney for WVBR , one or two ques - tions . Mr . Buyoucos) stated that it was not y quite clear to him which parcel was covered by this application . He stated that he went up last week with two people from the Town and apparently he was on the wrong parcel . He asked where the parcel is with respect to the boundaries of the Carpenter parcel . Mr . Wilson requested that Mr . Carpenter indicate where the proposed site is . Mr . Carpenter showed Mr . Buyoucos where the site is on a map . Mr . Buyoucos: , speaking to Mr . Wilson , asked why this antenna has to be in this particular spot and what it is that they are trying to achieve . Mr . James Savitt replied , on behalf of Mr . Wilson , that it has to do with the way FM services are transmitted . FM is much more affected by terrain than AM - - - only certain places are feasible to serve the County . He said that right now WVBR has problems in the East Ithaca area ; also there are problems in the outlying regions of the County - - reaching into Dryden for example , and by placing it in a very limited area around the area proposed , many problems are resolved . He said that it does not have to be in this particular spot , but in this limited area , a lot of problems are relieved - - not all . He said it is the best place in the County to achieve their servi - cing goals . Mr . Buyoucos summarized the foregoing discussion noting that presently WVBR does cover parts of the City of Ithaca and parts of the Town of Ithaca and parts of the County , and they want to extend their coverage so that they will cover the County . Mr . Savitt agreed stating that they want to carry out their mission to the fullest extent . Mr . Buyoucos added that WVBR has a license to cover the Ithaca area . Mr . Savitt agreed . Mr . Buyoucos stated that he simply could have said what he is going to say over the phone in two sentences , but he wished to speak in a little greater length . Ile stated that , as he understands it , WVBR wishes to erect a radio transmission tower of 283 ' , about 1 , 200 ' back from Bundy Road , bounded on the east by Hopkins and on the southwest and north by Mr . Carpenter ' s farm . He asked what the total acreage of the proposed site is , and was informed that it is around six acres . Mr . Buyoucos asked if he were correct in stating that WVBR has applied for a building permit . Mr . Cartee replied that that was correct . . Mr . Buyoucos continued and stated that if a building permit . has been applied for , it is up to the Zoning Officer to decide whether a permit can be issued - - that is up to him - - he cannot delegate that to anyone else , unless the zoning ordinance so states and that is not the case in the Town of Ithaca . He noted that if the Zoning Officer denies a building permit , that is a denial , and WVBR may resort to whatever remedies are available . Mr . Buyoucos stated that at that point an appeal to the Planning Board is not one of the remedies . Planning Board - 3 - April 15 , 1980 Mr . Buyoucos stated that , in effect , that is what he is advising the Board and others . • Mr . Buyoucos stated that WVBR argues that it is a not - for - profit cor - poration ; there are no stockholders . Mr . Buyoucos noted that WVBR is opera- ting a commercial radio station and asked if he were not correct . Mr . Savitt concurred . Mr . Buyoucos continued and noted that the proposed site is in an Agricultural District under the Town Zoning Ordinance and residential uses are permitted in Agricultural Districts , but not commercial purposes . Mr . Buyoucos said , assuming erection were permitted under the zoning ordinance , then they could CrLpply as a commercial operation to the Planning Board to have one of the business districts established , and , if it were established , then the usual procedure would be followed , which is , briefly , an inspection of the site plan , approve it , disapprove it , approve it with conditions all under the zoning ordinance . Mr . Buyoucos stated that under these cir - cumstances , the Planning Board would be considering a site plan approval in accordance with the ordinance , laws , SERR , etc . Mr . Buyoucos stated that in 1970 an application was made by WTKO pre - cisely for that . They applied for the formation of a Business " C " and they wanted to erect a tower on South Hill . Mr . Buyoucos stated that at that time he gave an opinion and he stated then that he could find nothing in the zoning ordinance which indicated that the framers of the ordinance intended that a radio transmission tower was to be included under the term " public utility " - - in fact , there was no mention of radio towers at all . Mr . Buyoucos stated that he reviewed the cases and he could find no New York case and there was nothing published as of the date he gave the opinion which would have been definitive in the matter , so , at that time he advised the Town Board that the term public utility did not include a radio trans - mission tower . Mr . Buyoucos stated that he also made some recommendations to the Town Board at that time which he thought , if carried out , might alleviate the problem to some extent , but what happened was that WTKO found another site and the matter was dropped . Mr . Buyoucos stated that subsequent to the time that he gave that opinion , in fact , during the same year , he kept his eye open and he came across other cases but as he read and as he re - reads them he did not think that any of these are a precedent which would control and bind the actions of the Town of Ithaca at the present time in either granting a permit or denying a permit . Mr . Buyoucos stated that he thought he should say here , now , that it may very well be that a court having jurisdiction over the Town of Ithaca , a competent court of jurisdiction , might determine that the term " public utility " included a radio transmission tower , and it may be that in reading these cases WVBR and its attorney may find what they think might sustain their position ; but here we have to consider whathe said earlier that there is no mention directly in the Town Zoning Ordinance of a radio transmitting tower - - it is not one of the permitted uses and there is nothing in the zoning ordinance which indicates in any way that it was intended and .- this is from a reasonable conclusion , a logically , reasonably - derived , conclusion by reading the entire ordinance , that they did not in/ that the phrase would include a radio transmission tower . tend • Mr . Buyoucos .stated , so this is a case where he is not going to make the decisioH ; aid that he thought it would be gratuitous and out of line or for him / �'o de erminee soething in advance ., and the same for - the Town Board , because , you see , it may be that three - six - months from now a court .might say that a public utility does include a radio - transmission tower . He said , then you see what has happened is that a radio tower 283 ' tall could Planning Board - 4 - April 15 , 1980 be built any place in the Town of Ithaca - - right in back of a densely populated area . • Mr . Buyouco :n said , you see , it is not the function of the Town Attorney to be the court , the judge ; his function is to advise you , to be your lawyer . He said that if lie were representing you in a private capacity he did not think he would surrender in advance and he believes he has logical bases in distinguishing the cases . Continuing , he said he has one problem . - - we have a tower 283 ' high and that can constitute a visual blemish no matter where it is located - - in some areas it might not - - the more - remote areas . Unfortunately , he said , WVBR says they have to put it up in - this area and WVBR wants to put. it up in the Township that has the most densely populated area in Tompkins County . He commented that he did not think they would dare go to . the Village of Cayuga Heights . Mr . Buyoucos stated that there may be a solution , adding that he did not want to use that word exactly , but in . the past he has always found the Town very sensitive to everyone ' s position , but . a tower 283 ' high creates problems , he did not care what you say or where it is located , it puts a terrific strain on the governing body in saying what it thinks may be a legitimate use . Mr . Buyoucos stated to Mr . Savitt that he recognized what he said as to legitimate use even though it is not presently permitted . Mr . Buyoucos said that it could be said to WVBR - - permit denied , do what you want and we will see you in Court - - but h . hoped that everyone can consider the situation a little more and act responsibly , and this means also the people who object to the tower being located where proposed . Mr . Buyoucos stated that he has been involved in the Town for a long time and he has seen fighting at zoning hearings with some saying " I want " , others saying " you cannot " . He said there is always talk of spoiling the ambience of a neighborhood and added that even he could say that since he used to hunt rabbits and pheasants on West Hill . He said . that here we have an open spot , but if the tower were not proposed for here there would be a . dif. ferent group who are going to be _ affected . With reference to any 283 ' tower with a light on it , somebody is not going to like it . Mr . Buyoucos queried , what are we going to do ? He said that there were no promises , however , we can make a good faith effort . He stated that he has talked this over informally with some members of the Town Board . He suggested that we do away with this mysticism and legal mysticism and just come out and say , radio transmission station , or whatever other nomenclature , these may be established in certain areas of the Town with the permission of the particular body to whom the duty will be delegated . He stated that erection of this tower by special permit would not be an unusual situation in the least ; there would be conditions ; those conditions would be some - thing that the Town Board and the Town Board alone would establish ; they would be reasonable . - - for example : 1 . Impact on the surrounding area . 2 . A determination as to whether or not this lot is large enough. to avoid the edge of disaster , for example , if that structure were to fall down , would it fall on neighboring property . 3 . Legitimate need , and a few other factors . He stated than if they do that , what would happen would be that the • zoning ordinance would have to be amended and he is discussing with the Town Board a meeting very soon to have a public hearing to discuss his . arguments ; then it is up to them to decide - - are we going to amend the zoning ordinance to provide for this special permit . He stated that if they do that , in addition to the special conditions , the zoning ordinance would have to provide who is going to do it . He stated that he would suggest the Planning Board Planning Board - 5 - April 15 , 1980 to be first to look over the site plan , consider approval , consider conditions , consider this in relation to the overall view of the Town of Ithaca and make recommendation to the Zoning Board of Appeals where , if any variance were necessary the Board of Appeals would act . Mr . Buyoucos noted at this point , if that were the case , the Board has already started its work - - the Planning Board has some of the facts and , he suggested , that it continue studying the matter until it hears from the Town Board , but , he added , he cannot tell the Board what may transpire . He stated that it seemed to him that the study could continue and the acquiring; of the facts necessary to make a recommendation , . say , to the Zoning Board of Appeals , or , if the Planning Board were going to make the decision , sufficient facts to make such decision . Mr . Buyoucos stated that he would like from the Planning Board reasonable conditions for a radio transmission tower to be erected in the Town of Ithaca . He pointed out that that doE� s not mean in the first place since he does not know what the Town Board is going to do and it is a bad policy for him to say that he " suspects " what they are going to do . He stated that we must act in a judicious manner in accordance with procedures that the Town Board has adopted . Mr . Buyoucos stated that the zoning officer has the power , the Town Attorney does not . He said that under the circumstances , he is saying it is not a permitted use so he has the basis for turning it down . Mr . Buyoucos said , again he wanted to emphasize , whatever the court might say , it is up to the court to say that , it -_ is . not up to us to prejudge the matter . He concluded With the statement that if the matter does go to court , assuming that we have not worked out this matter - - we would go to court . However , the Planning Board should formally and properly , as a recommendation from him , continue its study . Chairman Aron thanked Mr . Buyoucos for his presentation and asked if anyone from the public wished to speak . Mr . Ralph Carpenter , 1388 Mecklenburg Road , stated that he wished to ask if the member : of the Board knew that there was a radio tower in the Town of Ithaca on Mecklenburg Road for years and was used until 1973 . He said that it was a very short distance from where they are thinking of building now . He stated that everyone knows it has been there . He said it was operated by WTKO and taken down in 1973 . Mrs . Roberta Chiesa , 159 Bundy Road , stated that she wished to present a petition to the Planning Board signed by 73 persons . She read the petition as follows : " We the undersigned property owners and / or residents of the immediate area involved , do hereby petition the Town of Ithaca Planning Board to refuse the request of Cornell Radio Guild , Inc . D / B / A WVBR , for installa- tion of a radio broadcasting antenna transmitting tower at 245 Bundy Road , Town of Ithaca tax parcel No . 6 - 27 - 1 - 7 because ; 1 ) property valuations would be threatened as would sale potential 2 ) it would be an eyesore 3 ) homes are closer to the site than their petition suggests 4 ) residential and agricultural districts should be preserved 5 ) violation of zoning ordinance • 6 ) the property should remain on the tax rolls 7 ) WTKO has been denied exactly that which WVBR is requesting ( ie : public utility rating ) consistency is needed 8 ) the community does not lack for that coverage for which WVBR states as a need for the tower 9 ) this is a prime area for residential development 10 ) the danger of the tower falling outside of the property boundary and the breaking of gu;y wires . " Planning Board - 6 - April 15 , 1980 Mrs . Chiesa requested that this petition also go to the Town Board and / or the Zoning Board of Appeals . Mr . Michael Leach , 268 Bundy Road , stated that he understood WVBR ' s desire to reach t he :. East Hill area because of the University but stated that West Hill is very well covered . He asked why should the residents of West Hill have to suffer this to benefit East Hill . He stated that other sites can be found . There being no further comments , the Chair declared the Public Hearing duly closed at 8 : 13 p . m . Mrs . Grigorov asked if WVBR is tax exempt . She was informed that it was . Mr . Aron stated that he took note of Mr . Buyoucos ' comments that WVBR asked for a building permit to build a tower on the property , parcel 27 - 1 - 7 , in an Ag District , and the Zoning Officer received that application and referred it to the Planning Board . Mr . Aron stated that Mr . Buyoucos has pointed out that this particular thing is not a permitted use and so it seemed to him that the owners of WVBR have been contacting the wrong agency and in his personal opinion they should seek out another agency for permis - sion or variance or whatever . He said that he cannot see , personally , WVBR coming to the Planning Board for permission to have . .. this tower built . Mr . Stanton wishedlto comment that he thought the reason the Planning Board heard the case is the " public utility " is the question and the real reason is what a :public utility is . He felt that perhaps the framers of the original ordinance did not have in mind that a radio is not a public utility . He said that it is helpful to know how far a public utility does encompass . Mrs . Schultz wondered where WVBR does go now - - to the Board of Appeals ? Mr . Buyoucos suggested that the attorney for WVBR and he might get together . Mr . Wilson stated that as he understood it , WVBR made an applica - tion for a building permit which has not been acted upon . He said that as he - : understands it , that must be actTgtton by the Building Inspector . He said that he has taken note of the / relationship of the Town Board , the Zoning Board of Appeals &; the utility question . He stated that they are trying to be - cooperative , but it must be understood that these actions have to be taken in terms of the processes . He said that they made application to the Building Inspector , not the Planning Board - - they would be back for site plan approval . Mr . Wilson said that what would be in order is that the Planning Board , since the matter would be back before it at some time , and the BuiidingoInspector , . take appropriate action . If the matter goes one way WVBR will be back before the Planning Board for site plan consideration - - or the Town Board - - and then WVBR will make their decision . Mr . Victor DelRosso , 138 Bundy Road , stated that basically the Planning Board has no jurisdiction in this matter and thus it goes back to the Zoning Officer , who has to deny it because he has no basis on which to grant it . Mr . Aron stated that this was correct . Mr . Aron stated that the Chair • rules that WVBR is before the wrong agency and he hereby closed the meeting on the subject . FINAL REVIEW PROPOSED SIGN ORDINANCE REVISIONS At 8 : 20 p . m . , having received in the mail with their Agenda , the final draft of the Sign Ordinance revisions , containing some minor final questions , Planning Board - 7 - April 15 , 1980 the Planning Board proceeded to review those questions and finalize their work . The Secretary noted the final corrections , additions , or deletions on • the master working copy . Mr . May stated that the now final draft should be referred to Noel Desch , Supervisor , for further transmittal to Mr . Buyoucos , the Town Attorney , and the Town Board . MOTION by Mr . Bernard Stanton , seconded by Mr . James Baker : RESOLVED , that the Town of Ithaca Planning Board approve and hereby does approve the proposed Sign Law as completed April 15 , 1980 . There being no further discussion , the Chair called for a vote . Aye - Aron , May , Bronfenbrenner , Baker , Schultz , Stanton , Grigorov , Mazza . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Montgomery May , . seconded by Mrs . Carolyn Grigorov : RESOLVED , that the proposed Sign Law as approved by the Town of Ithaca Planning Board April 15 , 1980 , be and hereby is referred to Supervisor Noel Desch for further transmittal to the Town Attorney and the Town Board . There being no further discussion , the Chair called for a vote . Aye - Aron , May , Bronfenbrenner , Baker , Schultz , Stanton , Grigorov , Mazza . Nay - None . The MOTION was declared to be carried unanimously . Bernard MOTION by Mr . Stanton , seconded by Mr . James Baker : RESOLVED , that this Planning Board of the Town of Ithaca express and hereby does express its commendations to the hard -working Committee of this Board , that is , the " Sign Ordinance Committee " , chaired by Mr . Montgomery May , its members tieing Mrs . Schultz , Mrs . Grigorov , and Mr . May . There being no further discussion , the Chair called for a vote . Aye - Aron , Bronfenbrenner , Baker , Stanton , Mazza . Nay - None . Abstain - May , Schultz , Grigorov . The MOTION was declared to be carried and was met by applause . ADJOURNMENT Upon Motion , the April 15 , 1980 , meeting of the Town of Ithaca Planning Board was duly adjourned at 9 : 30 p . m . • The Planning Board meets next on May 6 , 1980 . Respectfully submitted , Nancy M . Fuller , Secretary .