HomeMy WebLinkAboutPB Minutes 1983-03-15 TOWN OF ITHACA PLANNING BOARD
MARCH 15 , 1983
The Town of Ithaca Planning Board met in regular session on
Tuesday , March 15 , 1983 , in Town Hall , 126 East Seneca Street ,
Ithaca , N . Y . , at 7 : 30 p . m .
PRESENT : Chairman Montgomery May , Barbara Schultz , David
Klein , Carolyn Grigorov , Virginia Langhans , Lawrence P .
Fabbroni ( Town Engineer ) , Nancy M . Fuller ( Secretary ) .
ALSO PRESENT : Town Councilman George Kugler , Robert Schultheisz ,
Bruce Ryan ( WHCU News ) .
Chairman May declared the meeting duly opened at 7 : 40 p . m .
PUBLIC HEARING . CONSIDERATION OF SITE PLAN APPROVAL FOR AN
8 - UNIT APARTMENT ON ONE ACRE AND RECOMMENDATION OF REZONING FROM
RESIDENTIAL - 15 DISTRICT TO MULTIPLE RESIDENCE DISTRICT : CORNER
EAST KING ROAD AND RIDGECREST ROAD , A PORTION OF TOWN OF ITHACA
TAX PARCEL NO . 6 - 44 - 2 - 9 . ROBERT SCHULTHEISZ , APPLICANT .
Chairman May declared the Public Hearing in the above -noted
matter duly opened at 7 : 42 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 March 7 ,
1983 , and :March 10 , 1983 , respectively , together with the
Secretary ' s .Affidavit of Service by Mail of said Notice of Public
Hearing upon the various neighbors of the property in question
and upon the Tompkins County Commissioner of Planning on March
11 , 1983 . Chairman May read aloud the Notice of Public Hearing
as noted above and asked Mr . Schultheisz to speak to the matter .
Mr . Schultheisz stated that this corner lot would be used to
construct art 8 - unit apartment house elevated approximately two
feet above the ditch . Chairman May asked Mr . Schultheisz if he
owned additional land , to which Mr . Schultheisz responded that he
owned an acre lot on Troy Road . Chairman May asked if he had an
option to purchase this part of this large parcel . Mr .
Schultheisz stated that he had made an offer to Paul Erdman to
purchase approximately one acre for this use , adding that the
price was very high , such that he could not afford any more . Mr .
Klein asked where the nearest neighbors were located . Mr .
Schultheisz explained that the nearest houses were on Ridgecrest
Road which runs behind this particular lot . Mrs . Schultz asked
if the lot on the other corner was vacant , Mr . Schultheisz
responding that it was vacant and is now for sale .
Mr . Fabbroni asked how large the proposed lot is . Mr .
Schultheisz .stated that it was approximately 1 . 05 acres .
Planning Board - 2 - March 15 , 1983
Chairman May asked if there were any comments at this point
from the public .
No one spoke for or against the matter .
Mr . Fabbroni asked Mr . Schultheisz to explain in more detail
why he laid out the plan in the manner being proposed ; how he
picked the location for the driveway , how the size of the
culverts was determined , how drainage will be handled and how the
sewer system would be constructed .
Mr . Schultheisz explained that there was a slight slope from
the southwest corner of the lot to the proposed structure and he
proposed to put in a culvert to drain the water from this area .
The parking lot was located on the west side of the building
because of the entrance of the Manos Majestic Heights project , as
recommended by Mr . Fabbroni since traffic might have been a
problem otherwise . With respect to culvert size , Mr . Schultheisz
stated that he called Ted Wixom at the Bolton Point Water Plant
and was informed that the ditch had been dug out by the County
Highway Department which suggested a 21 " culvert 20 feet long .
Referring to proposed landscaping , Mr . Schultheisz stated that on
the northern side of the property pine trees and blue spruce
would be planted . Landscaping on the back side [ south ] would
consist of :maples but , until they are mature , hybrid poplars
would be in place . He noted that the 6 " sewer line would connect
. to the manhole at the center section . He stated that drainage
would be through footer drain out into culvert on King Road East ,
Mr . Schultheisz stated that Mr . Wixom also said that 1 Z " water
piping would be adequate for the types of appliances .
Chairman May asked if the plans had been drawn by Mr .
Schultheisz . He stated that he was not an engineer but that he
had drawn these plans himself .
Mrs . Schultz asked what type of heat would be in the
apartments . Mr . Schultheisz stated that it would be all electric
heat by baseboards , i . e . , radiant heat from the baseboard . Mrs .
Langhans asked how would tenants get into the far apartment on
the ends . Indicating on the drawings for Mrs . Langhans , Mr .
Schultheisz :Mated that access is via a hallway extending in both
directions from the entrance .
Mrs . Schultz asked about the materials for the walls and the
rest of the building and Mr . Schultheisz described double 8 "
vinyl siding on three sides with the same on the front enhanced
by brick facing and the roof of asphalt shingles . Mr . Klein
wondered , with regard to the footing drain , if there were enough
fall to get into the ditch described . Mr . Fabbroni commented
that it was really hard to tell .
• Mrs . Gr _igorov asked if the only exit and entrance to the
apartments was through the center hall . Mr . Schultheisz stated
that that way; the case . Chairman May asked Mr . Fabbroni if this
Planning Board - 3 - March 15 , 1983
would meet -the Code requirements . Mr . Fabbroni indicated that
the Code requires , in such cases , that the second floor windows
be within 14 feet of the ground .
Mr . Klein asked who will stamp the drawings . Mr .
Schultheisz stated that he planned on finishing the actual
dimensions after this presentation and if he got approval he
would be putting on the rest of the lines . Mr . Fabbroni
explained the requirement that plans for multiple - family
dwellings must be stamped by an architect . Mr . Schultheisz
stated that he had not realized this . Mr . Fabbroni further
explained that it is required by law that a building of this type
be certified by a professional . Mr . Schultheisz asked when this
must be done . Mr . Fabbroni stated that it must be stamped prior
to the construction of the building .
Chairman May asked what Mr . Schultheisz proposed insofar as
insulation is concerned . Mr . Schultheisz described the areas
that will have an R - 11 rating and those with an R - 19 . Mr .
Fabbroni stated that the code requires R - 11 for walls and R- 19
for ceilings . Mr . Fabbroni explained that the plan calls for 32 "
in the outside walls which makes it an R - 11 rating . Mr . Fabbroni
commented that the project would end up with close to an R- 19
rating .
Mrs . Langhans asked who the prospective tenants would be .
Mr . Schultheisz stated that he would be renting to young married
couples with perhaps one or two children .
Mr . Klein asked Mr . Schultheisz if he thought this was a
viable project since Majestic Heights was going to be across the
street . Mr . Schultheisz commented that he did not believe that
the Manos development would take renters away from him , adding
that it would depend on the apartments and the price ; the
locations were both comparable .
Chairman May stated that he could see no problems with the
building itself but he did have a problem with the one acre ,
adding that , in his opinion , it was spot zoning no matter how you
look at it and was less than desirable .
Mrs . Gri_ gorov asked if there were more land available . Mr .
Schultheisz stated that there was but at this time , and for a
long time , it was financially impossible for him to purchase any
more of the 14 acres , adding , however , if this project were
successful , perhaps this was something he would be able to do in
the future . Mr . Fabbroni pointed out that there is a problem
getting sewer to the remaining acreage , noting that Mr .
Schultheisz has to extend some 200 feet now .
Mr . Klein stated that he agreed with Mr . May , he too having
• a problem with a one - acre proposal for multiple residence
rezoning , adding that , even though the zoning ordinance permits
one acre as a minimum , Townwide precedence makes it quite
Planning Board - 4 - March 15 , 1983
difficult . Mr . Klein stated that he would have trouble
recommending a rezoning to the Town Board . Mr . Fabbroni asked
Mr . Schultheisz if he had looked at other land east of the Manos
property . Mr . Schultheisz stated that he had , adding that Erdman
did not want to sell . Mr . Schultheisz cited the Manos multiple
residence project and Monkemeyer ' s Springwood multiple residence
development in the neighborhood , adding that there was already a
lot of multiple there . He commented that he felt the whole area
had already essentially been rezoned and he did not feel he was
moving into a single - family residential area .
Chairman May requested that the Board turn to the matter of
environmental review , noting that the Board had received a copy
of the completed Short Environmental Assessment Form submitted by
Mr . Schultheisz , dated February 15 , 1983 , with all questions
having been answered " No . " Mr . Fabbroni stated that no staff
review or recommendation had been made since it was the Short
Form and the Board was well able to review the matter . Mr .
Fabbroni commented that if anything had been checked " Yes , " the
Long Form would have had to be completed .
Chairman May asked for opinions or questions with regard to
the Environmental Assessment Form ( Short Form ) , as presented .
Mr . Klein asked Mrs . Fuller who had been sent Notice of this
Public Hearing . Mrs . Fuller showed him the list of neighboring
property owners who had been sent Notice - - as follows : Paul B .
. Erdman , Richard & Judy Newhart , Richard & Anne Newhart , Charles
L . Wilson , Bill J . Manos , Associate University Counsel Shirley K .
Egan , John Majeroni [ C . U . Real Estate Manager ] , Gladys May
Hulbert , Nelson & Ruth Poole , Lagrand E . Chase , Judy Vandermark ,
Donald E . Milmore , B . Sprinkle [ Ethel Uhl Estate ] , Charles &
Elizabeth White , Robert & Mary Maycumber , Ernest & Jeanette
Buchanan , Thomas & Janice Temple , as well as Frank R . Liguori ,
Tompkins County Commissioner of Planning .
MOTION by Mr . Montgomery May , seconded by Mr . David Klein :
RESOLVED , that the Town of Ithaca Planning Board , acting as
lead agency in the review of the proposed site plan approval of
and rezoning for an 8 - unit apartment to be located on an
approximately one acre portion of Town of Ithaca Tax Parcel No .
6 - 44 - 2 - 9 at the corner of East King Road and Ridgecrest Road ,
Robert Schultheisz , Applicant , approve and hereby does approve
the Environmental Assessment Form ( Short Form ) as completed , and
FURTHER RESOLVED , that pursuant to the State Environmental
Quality Review Act , Part 617 , this action is classified as
Unlisted , and
FURTHER RESOLVED , that the Town of Ithaca Planning Board has
determined from the Environmental Assessment Form ( Short Form )
. and all pertinent information that the above -mentioned action
will not significantly impact the environment and , therefore ,
will not require further environmental review .
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Planning Board - 5 - March 15 , 1983
There being no further discussion , the Chair called for a
vote .
Aye - May , Grigorov , Klein , Schultz , Langhans .
Nay - None .
The MOTION was declared to be carried unanimously .
It was the consensus of the Board that it did not feel
comfortable with proceeding to consider site plan approval at
this time .
MOTION by Mr . Montgomery May , seconded by Mrs . Barbara
Schultz :
RESOLVED , that the Planning Board of the Town of Ithaca
recommend and hereby does recommend to the Town Board of the Town
of Ithaca that the request for the rezoning of an approximately
one acre portion of Town of Ithaca Tax Parcel No . 6 - 44 - 2 - 9 ,
located at the corner of East King Road and Ridgecrest Road , from
Residential - 1. 5 District to Multiple Residence District , Robert
Schultheisz , Applicant , be denied due to the fact of the limited
acreage and because of the consideration of spot zoning .
There being no further discussion , the Chair called for a
vote .
Aye - May , Grigorov , Klein , Schultz , Langhans .
Nay - None .
The MOTION was declared to be carried unanimously .
REPORT OF THE PLANNING BOARD REPRESENTATIVE TO THE COUNTY
PLANNING BOARD , CAROLYN GRIGOROV
Mrs . Grigorov reported on the March 9th County Planning
Board meeting .
1 . Saturday , May 7th , will be " Solar Day " on the Commons - - a
good time to see demonstrations and find out about many
alternative energy systems - all in one place .
2 . The Vill- age of Lansing announced that it now has a park ,
near Uptown Road and Route 13 .
3 . Everybody was talking about the City ' s plan to study the
Six -Mile Creek area . The Board of Public Works is in charge and
they hope to have results in seven months . Judith Rossiter , the
Environmental Management Council representative , said that they
would like to be a resource in this study , however , they did not
get notice of the meeting . It is possible that established
• trails will be in the plan . ( Dirt bikes use the watershed area
on the Coddington Road side freely - - at present , the trails are
too narrow and steep for them on the Slaterville Road side . ) Ms .
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Planning Board - 6 - March 15 , 1983
• Rossiter announced that the March 10th EMC meeting would include
a presentation by the people who want to set up a wildlife museum
on the other side from Commonland in the Six Mile Creek area .
Mrs . Grigorov stated that she attended that meeting and would
comment on it later .
4 . Human Services ' representative , Anne Jones , reported that
they may be getting donated space for the Community Emergency
Shelter project that the Gannet Foundation has made $ 47 , 000
available for and that studies are under way to determine the
best location for the program . Mrs . Jones also reported that the
Human Services Coalition Board unanimously recommended against
the moving of the Department of Social Services to Biggs .
5 . In re the State Fire Prevention and Building Code , it
appears that there are internal conflicts in the law , resulting
from the way various laws were pulled together to make the code .
Mr . Liguori reported that there have been moves by some
municipalities to delay the implementation date of the Code which
is January 1 ,, 1984 and noted that later in March there will be a
meeting with local municipalities to find out how the Code can be
implemented . He pointed out the difficulty of expecting the
different levels of expertise - - electrical , plumbing , fire and
others - - from one person . On March 19th , there is a meeting of
Municipal Officers at 9 a . m , at the Holiday Inn . Mr . Liquori
indicated that this will be our last chance to change or delay
• the new law . The Town Clerk would take reservations for the
meeting .
6 . The Board continued its discussion of local access to PASNY
power . County Planning staff will write proposed recommendation
to the County Board ; County Planning Board will vote on it at its
next meeting . Everyone agrees the mechanism should be there - -
other points to consider : should the County show an interest in
protecting the Village of Groton from reductions in low cost
energy allocations - hold harmless ; should the cheap rate apply
to same area covered now - in effect , cutting out New York City .
7 . Utilization of Biggs Complex - - Dr . Hirshfeld will be at the
April 13th meeting of the County Planning Board to make a
presentation on the findings of his committee .
8 . Mrs . Grigorov reported that the 1983 Areawide Planning
Issues priorities list is ready . The top five priorities are :
a . Utilization of the Biggs Complex
b . Route 96
c . Promotion of Industrial Development , Job Creation and
Retention
d . Opportunities for Mixed Land Use in Development Projects
e . Control and Treatment of Sea Lamprey ,
SMrs . Grigorov now reported on the March 10th EMC meeting to
which she had referred earlier . She stated that the proposal is
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Planning Board - 7 - March 15 , 1983
. being referred to as a Natural History Museum with auspices under
the Natural History Society of the Finger Lakes Region . The two
proposed directors who spoke were Robert M . Beck and Ronald M .
Schassburger . A . Carl Leopold of the Boyce Thompson Institute is
the Society president . The co - directors are proposing that this
project be located on the other side from the Commonland site in
the Six Mile Creek area . The project would involve animals
indigenous to the area only , in a setting as natural as possible .
Mrs . Grigorov stated that their report was extremely general .
The project seems to involve many buildings - - Earth Science ,
seasonal changes , Hall of Astronomy , a " gallery of naturalists "
exhibit , an " alternate technology " exhibit - - to promote a
holistic , integrated approach to life . It might show " man ' s
relation to the land " with a small farm operation , an Indian
village , a stream / pond / marsh situation , or meadow or old field - -
social insects a great thing to study . Would aim for drama ,
visual , sound , and there are new techniques for using smells in a
presentation . They want to create an environment that puts
visitors in the position of entering the animal ' s environment
with a minimum of visually obvious restraints , such as ditches .
Mrs . Grigorov reported that the Circle Greenway , Cornell
Plantations , and the Mayor have endorsed the idea in general ,
although Cornell did not want to sell them land next to the
Plantations . The land in Watkins Glen they wanted cost too much .
Van Boskirk Gorge is a possibility not yet pursued because they
. hope to use old farmland on the Coddington Road side of Six Mile
Creek . They would need 25 - 30 acres to construct facilities and
want 200 acres left natural around it . They would want agreement
from the City that they could use the watershed for nature
trails .
The project would be used only during the day . Traffic at
other such sites was noted : Sonora Museum in Arizona , where they
got their idea , gets 450 , 000 visitors a year , Watkins Glen gets
500 , 000 , and Taughannock Park gets 350 , 000 . The project hopes to
be self - supporting once started .
They need a diverse topography and habitat . The Natural
History project should be considered independent of any specific
spot , Six -Mile Creek area is just one of the possibilities . They
want a specific site before they can make a feasibility study ,
however .
The project would be primarily exhibits ; the Cayuga Nature
Center , for example , is project oriented .
It was stated at this meeting that more people in the United
States go to zoos than to football games . News reports of
interviews with these two young men indicated that they need $ 4
or $ 5 million to get started and four or five years to complete
• phase 1 .
Chairman May thanked Mrs . Grigorov for her report .
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Planning Board - 8 - March 15 , 1983
Chairman May stated that , as Mrs . Grigorov had indicated ,
there is going to be a Board designated to study Six Mile Creek .
He reported that the Town Board has asked the Planning Board to
name one of its members to serve . Mr . May suggested that he
would attend the first meeting , whenever it may be , and report
back to the Board . Mr . May noted that Richard Fischer is on the
committee .
Mrs . Langhans stated that she had heard on the radio that
there was a meeting tonight at Dan Peterson ' s home , 110 Dey
Street , to monitor the Commonland Community impact on the
watershed .
PLANNING BOARD DISCUSSION OF AND CONSIDERATION OF RECOMMENDATION
ON PROPOSED REVISIONS TO ARTICLE VI , TOMPKINS COUNTY SANITARY
CODE
The Board members had before them a copy of the proposed
revisions to Articles I and VI of the Tompkins County Sanitary
Code , which had last been revised in 1978 .
Chairman May stated that his first comment was with
reference to SEAR review and asked why there is no mention of
such a review . Mr . Fabbroni stated that probably SEQR review was
necessary . Chairman May stated that a review under SEQR should
be requested ,. Mr . Fabbroni stated that he could draft a letter
• for Chairman May requesting a SEQR review . Mr . May commented
that there are some areas that would appear to affect the Town ' s
subdivision regulations .
Mr . Fabbroni stated that his problem is , really , there is no
room for engineering data to be presented with regard to soils in
areas of the County which can support a system on less than an
acre , adding that this is sort of built up with everything having
a requirement. of 1 " every 45 minutes and everything else treated
as a variance . He noted that , on the other side , it does move to
one of our major objections which limits lots to 250 ' wide
resulting in a doubling of highway costs .
The Board members discussed problems with the Code as it
exists now and the proposed revisions as they may or may not
correct such problems . The Board agreed that with a minimum of
an acre lot , it seems that separation distance should be the end
determining factor and not whether a lot is an acre or not ,
particularly where the soil characteristics make an acre
overkill . It is noted that it is one thing to say - - you can ask
for a variance - - and another thing to say - - variances based on
engineering data .
MOTION b :y Mr . Montgomery May , seconded by Mr . David Klein *
• RESOLVED , that the Town of Ithaca Planning Board approve of
and hereby does heartily approve of the efforts of the Tompkins
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. Planning Board - 9 - March 15 , 1983
. County Health Department to improve and amend the Tompkins County
Sanitary Code as last amended in 1978 , and
FURTHER RESOLVED , that the Town Engineer comment on the
proposed revisions on behalf of the Planning Board noting
particularly the maintenance of even farther separation distances
while not arbitrarily limiting lot size but rather by permitting
professional engineering testing and appraisal of soil conditions
or characteristics to be entered as factors , and
FURTHER RESOLVED , that the Town Engineer comment on the
proposed lot widths with respect to the elimination of the
200 - foot circle requirement such that it may provide for more
economical extensions of service in the future .
There being no further discussion , the Chair called for a
vote .
Aye - May , Schultz , Klein , Grigorov , Langhans .
Nay - None .
The MOTION was declared to be carried unanimously .
PLANNING BOARD DISCUSSION OF CRITERIA IN RE GROUP HOMES WITHIN
THE TOWN OF ITHACA AND CONSIDERATION OF A RECOMMENDATION
PERTAINING THERETO .
Chairman May brought to the attention of Board members a
document that: Mrs . Fuller had received that had more information
on group homes for the mentally retarded and developmentally
disabled .
It was noted that there appears to be no housing stock in
the Town for non - self - preserving clientele . The Board discussed
the proposed criteria which had been evolved by the ad hoc
Committee of the Planning Board in December .
Chairman May asked Mrs . Langhans and Mrs . Schultz to report
on the two ad hoc Committee meetings that were held in regard to
this matter . [ The Minutes of the September and November 1982
meetings had been distributed to each Board member . ]
After discussion , it was agreed that Mrs . Langhans and Mrs .
Schultz will draft a resolution in the matter of group home
placement criteria for consideration by the Board at its April 5 ,
1983 meeting .
CONTINUED DISCUSSION IN RE PROPOSED SUBDIVISION REGULATIONS .
The above - noted Agenda item was deferred until another
meeting . It was noted that the Town Board has claimed that they
• are lead agent in the adoption of the subdivision regulations .
LIBRARY - ENG :INEERING , PLANNING , ZONING .
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Planning Board - 10 - March 15 , 1983
Mrs . Fuller brought to the attention of the Board the
library that. is located upstairs in the Town Hall which has a
rather significant collection and variety of material including
Rathkopf ' s five - volume work and Anderson on Zoning , and model
land subdivision regulations , and much more . She invited members
to come up to see what materials were on hand and to see the '
newly reorganized offices .
ADJOURNMENT
Upon Motion , the Chair declared the March 15 , 1983 meeting
of the Town of Ithaca Planning Board duly adjourned at 9 : 30 p . m .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Planning Board .
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