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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 . Y. 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 . ' r 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 • I� 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 . . r 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 ' l . r . 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 . I 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 . •