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HomeMy WebLinkAboutPB Minutes 1984-02-07 TOWN OF ITHACA PLANNING BOARD FEBRUARY 7 , 1984 The Town of Ithaca Planning Board met in regular session on Tuesday , February 7 , 1984 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , Barbara Schultz , Edward Mazza , Carolyn Grigorov , Virginia Langhans , Bernard Stanton , David Klein , Lawrence P . Fabbroni ( Town Engineer ) , Peter M . Lovi ( Town Planner ) , James V . Buyoucos ( Town Attorney ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Walter J . Wiggins , Esq . , Marc Cramer ( Chairman , Codes and Ordinances Committee of the Town Board ) , Henry Aron ( Chairman , Town Zoning Board of Appeals ) , Deborah Gesensway ( Ithaca Journal ) . Chairman May declared the meeting duly opened at 7 : 30 p . m . APPROVAL OF MINUTES - January 3 , 1984 MOTION by Mr . Bernard Stanton , seconded by Mrs . Virginia Langhans : RESOLVED , that the Minutes of the January 3 , 1984 meeting of the Town of Ithaca Planning Board be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Langhans , Stanton , Klein . Nay - None . Abstain - Schultz , Mazza . The MOTION was declared to be carried . APPROVAL OF MINUTES - January 17 , 1984 MOTION by Mr . Edward Mazza , seconded by Mr . Montgomery May : RESOLVED , that the Minutes of the January 17 , 1984 meeting of the Town of Ithaca Planning Board be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - May , Schultz , Mazza , Grigorov , Langhans , Stanton , Klein . Nay - None . Planning Board 2 February 7 , 1984 The MOTION was declared to be carried unanimously . REPORT OF THE TOWN ENGINEER , LAWRENCE P . FABBORNI Mr . Fabbroni reported that Northeast Transit ( NET ) will shortly have two " newer " busses , noting that Cornell University has a whole new fleet in place , and stating that NET will pick up two of their newest busses . Mr . Fabbroni commented that in the long run , the system will be getting into the more traditional transit - type busses , such as Orion , rather than beefed - up school busses , adding that NET was approved a long time ago , under an ARC Grant , for busses . Mr . Fabbroni reported that East Ithaca Transit ( EIT ) will now be run by Cornell Transit , Inc . , a private carrier , and will include the operation that goes up into Eastern Heights , possibly Pine Tree Road , Honness Lane , Snyder Hill Road , at their cost , with State subsidies . Mr . Fabbroni commented that a lot of this could be tied into a proposal to build another peripheral parking lot in the East Hill Plaza area which could also be tied in with the proposal for the Arts Center , Mr . Fabbroni reported that the Sewer Plant has gotten the go - ahead from the EPA Administrator which means that the project , as designed , may now be constructed , however , we do not know what strings , if any , are attached as yet . Mr . Fabbroni commented that the EPA Administrator ' s approval was certainly good news , adding that everything that the State had promised , in the way of Phase 1 , can now move ahead . Mr . Fabbroni stated that work is now being done on the documents with bidding some time in March , returning in early May , and contract signing around July 1st . Mr . Fabbroni reported on his current project , being the development of a six - area water and sewer distribution improvement package , mostly water improvements , around the Town , with both design and construction in a whole package to take place during 1984 - 1985 . He stated that some of the work will be done in -house ; the 1985 part will be done by a consultant . Mr . Fabbroni noted the areas that will be improved include Bundy Road , Elm Street Extension , West Haven Road , Danby Road system , Coddington Road and East King Road , Snyder Hill Road , Sugar Bush Lane , and a small area on Hanshaw Road in the area of the Warren Farm , Mr . Fabbroni stated that at the next meeting , perhaps mid -month , he will have more information . Mr . Fabbroni reported that the Town Highway Facility insulation study has been concluded , the result being that certain proposals have been eliminated due to cost and the steps that will be taken will include turn- back thermostats , insulating the office part , and some portions on demand . Mr . Fabbroni reported that two turn -back thermostats are going to be installed in the downstairs office part of Town Hall . Planning Board 3 February 7 , 1984 With respect to the Burns Road project , Mr . Fabbroni stated that the staff is assembling the basis for field work at this point , it being too cold to actually commence , however , as we move into March and April things will move along more rapidly . Chairman May expressed his and the Board ' s commendations to all the Town staff for their fine work with respect to the Burns Road improvement project . REPORT OF THE TOWN PLANNER , PETER M . LOVI Mr . Lovi reported on the matter of proposed amendments to the zoning ordinance , specifically one item about which there has been some discussion which is the need for some provision , perhaps as an amendment to the existing ordinance , to incorporate mixed uses , e . g . , as involved in Mr . Wiggins ' project and also in the Lake Shore West project . Mr . Lovi stated that there are two ways to go - - ( 1 ) A P . U . D . zone amendment . Mr . Lovi commented that there were several attempts to accomplish that in the mid - ' 70s . ( 2 ) If there is the will and desire to allow mixed uses , to accomplish that in the context of the existing zoning ordinance through an amendment . Mr . Lovi stated that he had prepared a draft of an amendment to the existing zoning ordinance with respect to the present Article VI , Multiple Residence District for Planning Board discussion and comment as an Agenda item . • As what he termed , " Food for Thought " , Mr . g Lovi distributed copies of an article which appeared in the January- February 1984 issue of New York Planning Federation Planning News , with respect to The Kamhi Decision , as recently rendered by the Court of Appeals , having to do with the taking of land for park or open space . Mr . Lovi reported that the proposed subdivision regulations are being worked over by the Town Attorney and the Town Board . He stated that they are having work sessions often and are making good progress , commenting that it is fundamentally the same document passed on to the Codes and Ordinances Committee by the Planning Board in July of 1983 . Mr . Lovi reported that DEC is in the process of finishing up the wetlands mapping and coming up with Wetlands Maps , commenting that at this point DEC is the administrative agency for all wetlands , however , at a certain juncture Class 2 , 3 , and 4 wetlands can be regulated by the Town , although some technical qualifications have to be established before the Town could do that . Mr . Lovi reported that the Six Mile Creek Committee has been meeting and , as he understands it , is in the process of writing their final report . CHANGE IN AGENDA Planning Board 4 February 7 , 1984 Chairman May asked if the remaining reports could be presented at another time since Mr . Buyoucos was present to assist the Board in its review of the minor modifications to Mr . Wiggins ' Chateau development proposal . REVIEW OF MINOR MODIFICATIONS TO WIGGINS ' CHATEAU PROPOSAL INCLUDING TWO - COURT TENNIS FACILITY . A PORTION OF TAX PARCEL NO . 6 - 36 - 1 - 4 . 2 , 1152 DANBY ROAD , Mr . Fabbroni , utilizing a revised drawing of The Chateau site plan , revised as of February 1 , 1984 , described the recent request , at the Town Board Hearing on January 9th , by Mr . Wiggins for the inclusion of a two - court tennis building as a part of his proposed development . Mr . Fabbroni stated that he had suggested to Mr . Wiggins that he come back to the Planning Board with respect to the tennis court building . Mr . Fabbroni stated that there are two other issues related to Mr . Wiggins ' request which apparently need clarification in order for the Town Board to proceed . He stated that the first issue is clarification of the Boards ' feeling as indicated on the record as to the phasing of The Chateau and what would happen after the 21 studio - type apartments , i . e . , Phase 1 , are completed and the bed and breakfast concept is not viable . He stated that the second issue is clarification of the Boards ' feeling as to what would happen if Phase 1 were viable and the bed and breakfast reached 80 units , i . e . , what did the Board determine will happen - - what • alternatives were envisioned - - at that point and it were then to fail or crash . Mr . Fabbroni stated that the Planning Board resolution of December 6 , 1983 , did not appear to cover that eventuality specificaally . Mr . Fabbroni outlined the status of Mr . Wiggins rezoning request at this point , stating that The Chateau development would be a part of the rezoning and not a variance , the Town Board feeling that it would be better handled in that manner . Addressing the Planning Board , Mr . Buyoucos stated that the Town Board was particularly interested in the matter of what did the Planning Board say in its December 6th resolution of recommendation to the Town Board . He stated that they would want this meeting held not necessarily because of the tennis courts but because they were not quite sure of what was intended by that recommendation . Mr . Buyoucos stated that when he made inquiries he got several different answers . Mr . Buyoucos stated that , even though there is not specific reference to this procedure in the zoning law , it is much better for everyone , especially for the developer , that the whole concept be approved , including the bed and breakfast , as part of the planning process and the rezoning . Mr . Buyoucos stated that the Town Board certainly is not going to take away from the Planning Board its function of site plan approval , adding that whenever site plan approval is necessary in connection with Mr . Wiggins ' project the Planning Board will do it . Mr . Buyoucos stated that the Town Board has the sole authority to amend the zoning law , therefore , conditions are necessary , however , they are not indulging in site plan approval . Planning Board 5 February 7 , 1984 Mr . Buyoucos stated that the law will be changed ; there will be an amendment to it , which is better than a variance , since ( a ) the grounds for variance may be difficult to meet and ( b ) there is more flexibility through the rezoning process . Mr . Wiggins was present and Chairman May invited him to speak to the Board and tell them about his proposal as it now stands . Chairman May commented to Mr . Wiggins that he has had a few changes since the last time the Board saw the plan . Mr . Wiggins agreed and stated that one of the problems with development is that one finds as one goes along that you want to refine it and make it better , commenting that it all seems very logical to the developer at the time but may not be logical to the legislators . Mr . Wiggins stated that when he and his architect tried to refine the site plan a couple of things happened . Utilizing the site plan showing general revision date of February 1 , 1984 , Mr . Wiggins proceeded to outline the modifications , stating as follows : i . As refinement progressed toward working drawings , The Chateau went from a " square " shape to an " open -ended " shape because the vista is better that way . Mr . Wiggins stated that the number of proposed bed and breakfast units is the same , but each leg is elongated . 2 . The pool was proposed for another location but has been moved because , if the project is not built to the 80 -unit total , it would give more immediate access to those 20 or so units in Phase 1 . 3 . The " turret " was tight and is now separated to give changing space for the Jacuzzi . 4 . The access was changed slightly to accommodate certain apple trees . Mr . Wiggins stated that he was happy to be able to retain those trees . Mr . Wiggins stated that he thought these were not particularly significant modifications . Mr . Wiggins stated that the only substantial change was the possibility , emphasizing " and only the possibility " , of constructing indoor tennis courts , adding two courts , eight people . Mr . Wiggins stated that there is a demand , he felt , for tennis courts , commenting that there are four courts up at Cornell University and the Tennis Team uses them until 9 : 00 p . m . Mr . Wiggins said that he thought he could fill that need with it being particularly good in the wintertime , adding , however , that people would rather be outside in the summertime and there are outdoor courts available . Mr . Wiggins stated that , therefore , he could envision a roof which slid open , walls which came up or were on a slide , thus making for better summertime use . Mr . Wiggins stated that there is no conceivable way this would work just in the wintertime because such an approach would involve some $ 200 , 000 . Mr . Wiggins commented that Planning Board 6 February 7 , 1984 his thoughts at the moment were that with eight people maximum it might possibly work if it becomes a club . Mr . Wiggins stated that this is not critical or vital and if the Planning Board says " no " it should not be upset - - he will not be . Mr . Wiggins commented that it would be nice in this area and emphasized that it will only be built if it gets subscribed to , adding that it is in keeping , he thought , with making this a sort of " Resort Ithaca " kind of country complex . Mr . Wiggins stated that how the Planning Board treats this is how it sees it appropriate , adding that there is no intention to make this a commercial venture as such because it simply would not work , adding further that that is why we have seen the tennis court buildings in this area become roller rinks . Mr . Wiggins spoke of the Courtside Racquet and Fitness Club facility on Judd Falls Road and stated that there was no intention of that kind of complex , rather , just two tennis courts . With regard to the future , Mr . Wiggins stated that , insofar as the bed and breakfast and apartments matter goes , he has no objection to the clarification being sought . He stated that , if the Board feels it not to be appropriate to have a total of 80 apartments , which is what he thought the Board had said , there was no problem since he had no desire for 80 apartments . Mr . Wiggins stated that the decision can certainly be made at the end of Phase 1 insofar as stopping there and having the apartments or proceeding as bed and breakfast , adding again that there is no intention to make this an apartment complex . Mr . Wiggins commented that he had mentioned " apartments " way back at the beginning of these discussions because he thought it would be more appropriate to talk about all his thoughts right from those beginning informal discussions . Mr . Wiggins stated that simply it is a bed and breakfast inn or they do not get built . Looking back at the plan he was displaying , Mr . Wiggins noted one other thing he forgot to mention and that was that he may possibly put in a pond but he did not think he has to have that in the site plan . Mr . Buyucous noted that Mr . Fabbroni had said that Phase 1 involved some 20 units . Mr . Fabbroni stated that that was correct and pointed out that the use of the term " Phase I " on the drawing written along the boundary line of the 20 . 4 acres being requested for rezoning , and the use of the term " Phase 1 " in connection with the first part of The Chateau construction could cause some confusion . After some lengthy discussion referencing the plan displayed , noting among other things that the " turret " might contain a suite , it appeared that the number of units which might be converted to apartments was 22 . Mr . Stanton stated that he was still not clear as to what the controversy is as to what the Planning Board did at its last meeting on this , adding that the Town Attorney had said that he Planning Board 7 February 7 , 1984 got different answers from each of the Board members . Chairman May explained the problem , as he understood it , that the Town Board was having with the Planning Board resolution with regard to the specifics of Phase 1 of The Chateau development , such that it was not clear to them whether The Chateau would be 80 bed and breakfast units or some 20 apartments . Mr . Stanton asked if it were necessary to ask the Planning Board to talk about the future in its recommendation to the Town Board . Mr . Buyoucos responded that it was necessary and stated that the Planning Board ' s resolution of December 6th had said that if the first units are undesirable as determined by the applicants they can use the Phase 1 portion as apartments . Mr . Buyoucos stated that that is not the kind of language that should have been used , adding the comment that it is a kind of agreement , and describing how the applicant builds the first phase and if not continued , then this would be used , perhaps with slight conversion for use as a multiple residence , as an apartment with 21 , or 22 . or whatever is decided . Continuing , Mr . Buyoucos stated that if , however , he proceeds with the bed and breakfast inn , then he has foreclosed himself from having a multiple residence apartment complex ; he has decided on a bed and breakfast inn and that is it . Mr . Buyoucos stated that the Town Board wants to make sure that that is the intention . Mr . Buyoucos stated that , assuming that the development of this structure as a bed and breakfast does not continue , the applicant will have an apartment complex with some 21 , or whatever , units , adding that the discussion at the Town Board is that they would not want 80 - - only these 21 or so . Mr . Buyucous commented that there was a difference of opinion between Mr . Fabbroni , Mr . Lovi , and Mr . May as to what was said by the Planning Board , Mr . Stanton stated that one of his questions is , is there any reason why , once this decision is made , there can never be another change . Mr . Stanton stated that the inference , to him , is that the Planning Board should make the decision , now , as to whether there be 80 units or not . Mr . Buyoucos responded , no , the Planning Board said that 80 units could be there , adding that Mr . Wiggins is entitled to know exactly what was recommended . Chairman May stated that the Board did say that , adding that the Board recommended the rezoning and with respect to Phase 1 of The Chateau which was those 21 units , if it did not work , those could be converted to apartments . Mr . Mazza agreed , adding that he had specifically asked if Mr . Wiggins would know at the end of Phase 1 if the bed and breakfast idea was going to go or not . Mr . Lovi offered the following as a " for instance " stating , if Phase 1 is successful and Mr . Wiggins continues and builds Phase 2 , 3 , and 4 , in any case more than Phase 1 , did the Planning Board want , in that case , those 80 units to be apartments , 20 units of those to be apartments , 20 apartments period , and so on . Mr . Lovi stated that apparently that particular " for instance " should be clarified . Mr . Wiggins wondered if he could suggest that what he understood was that the Board approved 80 bed and breakfast units with the condition that 20 , or whatever it was , could be converted to apartments . Mr . Mazza stated that that was what the w Planning Board 8 February 7 , 1984 Board did and that was his understanding and why he was the one who made the Motion . Mr . Stanton agreed . Chairman May read the December 6th resolution - - " MOTION by Mr . Edward Mazza , seconded by Mr . Bernard Stanton : RESOLVED , that the Town of Ithaca Planning Board recommend and hereby does recommend to the Town Board that a 20 . 4 - acre portion of lands of Walter J . and Joyce Wiggins , fronting on Danby Road , and known as 1152 Danby Road , said 20 . 4 acres being a portion of Town of Ithaca Tax Parcel No . 6 - 36 - 1 - 4 . 2 containing approximately 55 . 19 acres , be rezoned from Residence District R- 30 to Multiple Residence District as requested by Walter J . and Joyce Wiggins and as specifically set forth on Map entitled - - " Site Plan , The Chateau " - - prepared by William Downing Associates Architects , dated 11 / 15 / 83 , revised 12 / 5 / 83 , drawn by K . D . G . , Project Number 83 - 568 , Scale 1 " = 1001 1 with said Map having been reviewed by said Planning Board at Public Hearing , this date , December 6 , 1983 , and with said Planning Board having found that : 1 . There is a need for the proposed use in the proposed location ; 2 . The existing and probable future character of the neighborhood in which the use is to be located will not be adversely affected ; 3 . The proposed change is in accordance with a comprehensive plan of development of the Town , and FURTHER RESOLVED , that , in the event the proposed use , as shown on the above - cited Map , is determined by the applicants , Walter J . and Joyce Wiggins , to be undesirable , they can use the Phase 1 portion thereof , i . e . , 21 studio- type apartments , as apartment dwellings . " Mr . Buyoucos commented to the Board that they did not mean that he has 80 and then he could have 20 , adding that there was no criticism being made here and noting that at the last Town Board meeting he did not say a thing . Mr . Klein inquired about the issue of the variance . Mr . Buyoucos stated that there is no basis for a variance . Mr . Buyoucos noted that Mr . Wiggins had said that as development goes along he makes adjustments . Mr . Wiggins stated that he understood it that way also , not 80 units and then apartments . Mr . Wiggins commented that he would probably have more flexibility with 80 and 20 to apartments but , if he has to make a decision at the end of 20 , he will . Mr . Wiggins briefly described a sort of flow chart of development from the planning stage toward the financial packaging for the banks toward construction , and so on . He posed the question , " Suppose I can only build 12 units , do I have to stop ? " The general response was " no " . Mr . Wiggins wondered if he were missing something but what is the logic , after the banks , to build 24 - 26 - whatever - then only 20 apartments . Mr . Fabbroni offered the following observation , stating that if Mr . Wiggins had a mix of bed and breakfast or apartments , the economics of that would always be encouraging him to use it as a bed and breakfast because there is more income generated from the bed and breakfast . Continuing , Mr . Fabbroni observed , if he could not keep it occupied , that would be one thing to direct him to make an apartment out of it and then it comes down to - - convert . Mr . Fabbroni stated , for purposes of conversation only , that he be allowed to convert , say one - third of the units to apartments . Mr . Wiggins stated that he is very happy with the number 22 which had been mentioned , adding w Planning Board 9 February 7 , 1984 that he was wondering what was happening to him because , as he looked at his map he was seeing two floors of " storage " and if his architect can make 24 units , what would that all mean . Chairman May offered at this point that Phase 1 could be up to 30 units , but no more than 22 could ever be converted to apartments , if the bed and breakfast were not viable , with no further units built . Mr . Lovi wondered , as long as the Board and Mr . Wiggins agree that no more than 22 apartments may be here , why have any restrictions as to the phasing of the project , adding , what does it matter as long as he can have no more than 22 ? Mr . Lovi suggested that , at this point , Mr . Wiggins and his architect should have the flexibility mentioned since the final site plan will be before the Planning Board in the future , to be followed by the very . detailed requirements at the Building Permit stage . Chairman May said that he thought Mr . Lovi was right . Mr . Buyoucos stated that he had asked the Town Board to come tonight . Mr . Buyoucos stated that they are going to change this to multiple residence ; it is a question of density in their mind ; the Planning Board should decide what it wants to recommend to them . Mr . Mazza stated that it already did . Chairman May stated that he would like a " number " just so we do not end up with a lot of vacant units . Mr . Lovi stated that , since this will be coming back to the Planning Board for site plan review after rezoning , by then determinations will have been made as to economies of scale , etc . , perhaps the Board should recommend this contingent upon site plan review . Mr . Buyoucos asked if Mr . Lovi was prepared to write such a resolution , commenting that the Town Board will not modify the zoning law without knowing what the project is , Mr . Lovi commented that writing resolutions as an exercise was something he would rather not do , but on the other hand , perhaps it would be within the jurisdiction of the Town Attorney to communicate the Planning Board ' s intent to the Town Board based upon what has been discussed here tonight . Mr . Fabbroni wondered if the Board could add to their original recommendation the clarification that as many as 22 units may be converted to multiple residence apartments at any point in history in the project no matter how many units have been built . Mr . Stanton stated that he was confused because Mr . Wiggins came to this Board for a bed and breakfast operation and now , for some reason , the emphasis is all on apartments . Mr . Stanton stated that all this is bad for the Planning Board , the Town Board , and the community . Mr . Stanton stated that the intent is bed and breakfast and Mr . Wiggins has been very clear on that . Mr . Stanton stated that if Mr . Wiggins hid something , he was not aware of it . Mr . Fabbroni explained that the Town Board is worried about the " what ifs " in the future . Mr . Buyucous stated that he kept asking them what they want , it is not clear - - 21 units - - Phase 1 - - viable - - not viable - - go under . Further discussion ensued with respect to the so - called storage area on the drawing , the result appearing to be that the number of units in Phase 1 is 24 . Planning Board 10 February 7 , 1984 Mrs . Schultz wondered about the following scenario - - ( 1 ) the Planning Board recommends the rezoning for the 80 - unit bed and breakfast , which it did ; ( 2 ) Mr . Wiggins builds the first phase , 22 or 24 ; ( 3 ) seven years later the bottom falls out ; ( 4 ) he has rented these units for six or seven years as bed and breakfast and then the thing crashes , ( 5 ) why can he not come in at that time for a change ? Mrs . Schultz wondered why , aside from the matter of bank financing , the Board has to cope with the future because it sounds like Mr . Wiggins can never , ever , make any changes . Mr . Buyoucos stated that Mr . Wiggins can always come back to the Board but there are no guarantees . Mr . Fabbroni suggested amending the Planning Board resolution to say that at no time shall there be more than 22 - 24 apartment units . Mr . Mazza wondered why there had to be a number . Chairman May stated that the Town Board needs a number . Mr . Stanton stated that perhaps the Town Board should decide on the number . Mr . Buyoucos stated that the Town Board can amend the zoning law to accommodate this quite easily and noted if , however , Mr . Wiggins proceeds and puts a second phase in , then he is committed to the bed and breakfast . Mr . Buyucous suggested to the Board that they did not particularly need a resolution ; it can be a consensus which could be moved . Mr . Stanton commented that the tennis court building , which is a serious question , got lost somewhere . He pointed out that what was mentioned was a $ 200 , 000 , roofed and walled , structure containing two courts . Mr . Wiggins said , " Take it out . " Mr . Wiggins stated that he withdrew his request for a two -court tennis building . Mr . Stanton stated that he would like to hear from the Town Board member who was present , Mr . Cramer , Mr . Cramer indicated that he had nothing to say , however , he would speak to the Town Board about what the Planning Board thinks . Mr . Stanton expressed his concern about the lack of communication . Chairman May stated that he had a problem with another resolution because he felt that the December 6th resolution says what the Board said . The Secretary suggested that the Planning Board could refer to its December 6th resolution and then proceed with a resolution statement commencing with " for purposes of clarification with respect to the Resolution duly adopted by the Town of Ithaca Planning Board on December 6 , 1983 in re the rezoning request of Walter J . and Joyce Wiggins , the following statement is made : " The Board concurred , its statement follows : RESOLUTION STATEMENT , Town of Ithaca Planning Bopard February 7 , 1984 Preamble On December 6 , 1983 , at Public Hearing , the following Resolution was duly adopted by the Town of Ithaca Planning Board : " RESOLVED , that the Town of Ithaca Planning Board recommend and hereby does recommend to the Town Board that a 20 . 4 -acre Planning Board 11 February 7 , 1984 portion of lands of Walter J . and Joyce Wiggins , fronting on Danby Road , and known as 1152 Danby Road , said 20 . 4 acres being a portion of Town of Ithaca Tax Parcel No . 6 - 36 - 1 - 4 . 2 containing approximately 55 . 19 acres , be rezoned from Residence District R- 30 to Multiple Residence District as requested by Walter J . and Joyce Wiggins and as specifically set forth on Map entitled - - " Site Plan , The Chateau " - - prepared by William Downing Associates Architects , dated 11 / 15 / 83 , revised 12 / 5 / 83 , drawn by K . D . G . , Project Number 83 - 568 , Scale 1 " = 1001 , with said Map having been reviewed by said Planning Board at Public Hearing , this date , December 6 , 1983 , and with said Planning Board having found that : 1 . There is a need for the proposed use in the proposed location ; 2 . The existing and probable future character of the neighborhood in which the use is to be located will not be adversely affected ; 3 . The proposed change is in accordance with a comprehensive plan of development of the Town , and FURTHER RESOLVED , that , in the event the proposed use , as shown on the above - cited Map , is determined by the applicants , Walter J . and Joyce Wiggins , to be undesirable , they can use the Phase 1 portion thereof , i . e . , 21 studio - type apartments , as apartment dwellings . " The Motion to adopt said Resolution was made by Mr . Edward Mazza and seconded by Mr . Bernard Stanton ; Chairman May , Mrs . Schultz , Mr . Baker , Mr . Stanton , Mrs . Grigorov , and Mr . Mazza voted Ayes Mr . Klein abstained from the vote ; there were no Nays . On February 7 , 1984 , at its regularly scheduled meeting , the Planning Board Agenda included the following item : 117 : 45 P . M . Review of Minor Modifications to Wiggins ' Chateau Proposal including Two - Court Tennis Facility . A portion of Tax Parcel No . 6 - 36 - 1 - 4 . 2 , 1152 Danby Road . " Discussion was held in open session with Mr . Walter J . Wiggins ; the Planning Board was assisted in its deliberations by the Town Engineer , the Town Planner , and the Town Attorneyop s the following action took place . Statement of Clarification For purposes of clarification with respect to the Resolution duly adopted by the Town of Ithaca Planning Board on December 6 , 1983 , hereinabove set forth , in re the rezoning request of Walter J . and Joyce Wiggins , the following statement is made : The Planning Board Resolution of December 6 , 1983 , stands ; Final Site Plan Approval by the Planning Board was not granted , it being that there may be minor modifications with respect to the swimming pool , the Jacuzzi , or other items of that nature . Planning Board 12 February 7 , 1984 With respect to its recommendation for rezoning , it is the Planning Board ' s understanding that the developer will begin the project with up to twenty - four ( 24 ) Bed and Breakfast units in Phase 1 and , prior to the starting of any additional units , a determination will be made by the developer as to the economic viability of the Bed and Breakfast project . Should the initial Phase 1 project not be economically viable as a Bed and Breakfast operation , as determined by the developer , Phase 1 may be converted to apartments not to exceed twenty - two ( 22 ) apartment units and no further expansion of The Chateau shall be built . However , at the completion of Phase 1 , the developer may elect to continue the expansion of The Chateau up to a total of eighty ( 80 ) Bed and Breakfast units . The developer has stated that upon expansion into Phase 2 , and beyond , the project shall be used only as a Bed and Breakfast facility . The foregoing statement is made with specific reference to the Map before the Town of Ithaca Planning Board this date , February 7 , 1984 , entitled - - " Site Plan , The Chateau " - - prepared by William Downing Associates Architects , dated 11 / 15 / 83 , GENERAL REVISION 2 / 1 / 84 , drawn by K . D . G . , Project Number 83 - 568 , Scale 1 " = 1001 , with the exception of the proposed Two - Court Tennis Building indicated thereon , said proposal having been withdrawn by Mr . Wiggins this date , February 7 , 1984s Chairman May MOVED the adoption of the foregoing Resolution Statements Edward Mazza seconded the MOTION . There being no further discussion , the Chair called for a vote . Aye - May , Schultz , Mazza , Grigorov , Langhans , Stanton . Nay - None . Abstain - Klein . Chairman May declared the MOTION to be carried and the Resolution Statement duly adopted . PLANNING BOARD REVIEW OF PROPOSED AMENDMENTS TO THE ZONING ORDINANCE . Both Mr . Fabbroni and Mr . Lovi stated to the Board that the following proposed resolution is for Planning Board comment as an amendment to the existing zoning ordinance . Mr . Buyoucos stated that he had requested that this be done . Mr . Lovi noted that the document before the Board is proposed as an amendment to Article VI , Multiple Residence Districts , Sections 26 and 28 thereof , which is found on page 12 of the existing ordinance , adding that the rest of the ordinance is unchanged . Said proposed amendment follows : " IT IS RESOLVED that the Zoning Ordinance of the Town of Ithaca hereby be amended by the replacement of the existing " SECTION 26 " and " SECTION 28 ( 1 ) " by the following text : Planning Board 13 February 7 , 1984 SECTION 26 , Use Regulations , In Multiple Residence Districts , no building shall be erected or extended and no land or building or part thereof shall be used for other than any of the following purposes : 1 . One - family dwelling units 2 • Two - family dwelling units 3 . Dwelling units for three or more families 4 . Hotel or Motel 5 . Restaurants without drive - in service , If alcoholic beverages are served , no restaurant may be nearer than 500 feet from any church or school , or 150 feet from any dwelling unit . 6 . Any use permitted in Business Districts " A " or " B " , provided that each such use shall not occupy more than 500 square feet , nor employ more than three ( 3 ) persons at any one time . SECTION 28 , Area , Yard , Coverage and Height Requirements shall be as follows 1 . Area : a minimum tract of ten acres is required for the development of a Multiple Residence District . Said tract must contain at least 21500 square feet of gross lot area for each dwelling unit to be constructed and 51000 square feet of gross lot area for each business use . IT IS FURTHER RESOLVED that the present Zoning Ordinance and Map , complete with all amendments thereto , be reprinted in a manner convenient for photocopying and future updating . " The Planning Board members reviewed the proposal line by line , discussing same with Mr . Fabbroni , Mr . Lovi , and Mr . Buyoucos , Mr . Lovi explained that the proposal would be reflective of the kinds of proposals which the Board is seeing more and more of , i . e . , proposals such as Mr . Wiggins ' proposal for The Chateau bed and breakfast inn combined with the restaurant L ' Auberge du Cochon Rouge and Mr . Knowlton ' s proposal for the mix of uses , Lake Shore West , at the old hospital site . He also explained that the last part of the proposed resolution will alleviate the problem of photocopying the existing zoning ordinance and zoning map over and over . The Planning Board agreed that " tourist home " should be included . Mr . Buyoucos stated that he felt a district where mixed uses were permitted was very important , adding that he has been pushing for PUDs for years , however , reference to tourist homes , hotels , motels , and restaurants with alcoholic beverages was not appropriate to Lake Shore West . Mr . Buyoucos stated that the law to be proposed should be particular to Lake Shore West rather than as an amendment to Article VI ; it should not be general to multiple residence districts since the permitted uses in Multiple Residence Districts should be " incident " to residential . Planning Board 14 February 7 , 1984 Discussion continued with reference to parking . Mr . Fabbroni noted that the proposal is for the remaining sections to be unchanged , thus Section 38 of Article VII , Business Districts , would be applicable to the business uses . Mr . Fabbroni noted that existing Section 27 , the remaining paragraphs in Section 28 , Section 29 read in conjunction with Section 38 , and Section 30 , are proposed to be unchanged . Mr . Mazza wanted to make sure that whichever Board is going to be considering the ordinance after the amendment is given the leeway to mold the mix of uses the way they see fit ; it should be flexible . Mr . Buyoucos suggested that the approach the Zoning Board of Appeals follows under Section 77 of the existing ordinance might be included here to achieve that . Further discussion followed , it being agreed that a new Article was in order which could be entitled " Mixed Use Districts " . MOTION by Mr . Bernard Stanton , seconded by Mr . Montgomery May : RESOLVED , that the Town of Ithaca Planning Board recommend and hereby does recommend to the Codes and Ordinances Committee of the Town Board that the existing Town of Ithaca Zoning Ordinance be amended to provide a New Article which could be numbered VI -A , or VI . 1 , and which describes a mixed use district , and , that the sections of that article include similar sections to those in existing Article VI , and , further that , under the new section which will specify use regulations be included : 1 . One - family dwelling units 2 . Two - family dwelling units 3 . Dwelling units for three or more families 4 . Hotel , Motel , or Tourist Home 5 . Restaurants without drive - in service 6 . Any use permitted in Business Districts " A " or " B " , provided that each such use shall not occupy more than 500 squire feet , nor employ more than three persons at any one time , and , further that those accessory uses as set forth in paragraphs 1 and 2 of existing Section 27 be included , and further , that a new section on parking , similar to existing Section 38 in existing Article VII , be included , and further , that a section equivalent to existing paragraphs 2 , 3 , 4 , and 5 of existing Section 28 , be included , and further , that a new section , as proposed to said Planning Board this date , February 7 , 1984 , as " SECTION 28 , paragraph 1 " , be included as so presented , and further , that a new section similar to existing Section 30 be included such that the Board given the authority to proceed under this new article has flexibility sufficient to permit orderly growth and promote the general health , safety , and welfare of the community . vote . There being no further discussion , the Chair called for a Planning Board 15 February 7 , 1984 Aye - May , Schultz , Mazza , Grigorov , Langhans , Stanton , Klein . Nay - None . The MOTION was declared to be carried unanimously . Chairman May stated that he wished the record to show that the foregoing resolution is the comment of the Planning Board , as requested , and further , that it is what the Planning Board is saying for the present , and further , that the Planning Board thinks that a " mixed use district " is a . good idea . The members of the Planning Board concurred with Chairman May ' s statement . REQUEST OF THE TOWN ENGINEER FOR PLANNING BOARD DIRECTION WITH RESPECT TO PROPOSAL FOR CONTINUED DEVELOPMENT OF LAND FORMERLY OWNED BY WILLIS HILKER OFF SNYDER HILL ROAD , KNOWN AS HAVEN HILLS , NOW OWNED BY STANLEY GOLDBERG AND OTHERS . Mr . Fabbroni described the background of the development of the Haven Hills Subdivision off Snyder Hill Road , which included Dove Drive and Pheasant Lane , and for which the original owner and developer was Willis Hilker . He noted that Mr . Hilker had developed the first phase of Haven Hills in terms of putting in of utilities . He commented that , unfortunately , Mr . Hilker went bankrupt , the land was repossessed by Stanley Goldberg , and lots have been sold off one by one , adding that John Novarr had talked with him about a proposal for the land . He stated that Mr . Goldberg still owns a certain number of backlots and has expressed interest in some kind of " cluster " development of those involving some eleven acres . Mr . Fabbroni pointed out that the Town does not have title to any of the roads nor does the Town have title to the park . He stated that the owner has indicated that the 2 � acre park acreage could be wherever the Town wants it to be on this land . Mr . Fabbroni stated that the proposal he wished to have input from the Board on is that the owner would like to use the acreage that is a part of the existing lots as a part of the cluster acreage , in essence , the 9 lots left in Phase 1 would , through a restrictive covenant , be limited to one - family homes and utilize the total acreage in the acreage calculations for determining how many can be in the cluster in the back lots . Chairman May wondered if there were any numbers to think about . Mr . Fabbroni noted that the cluster regulations permit 3 . 5 units per gross acre and described 18 units plus 44 units as equaling 62 units even with the park included . He stated that the owner wants to put in 57 , i . e . , 48 in the back and the 9 which he just mentioned . Mrs . Grigorov indicated that she did not approve of the idea of having someone ' s lot count for someone else ' s acreage . The general feeling of the Board members was that Mr . Fabbroni should inform the owner that the Board was not particularly amenable to his idea as proposed at the moment . It was suggested that the owner sever the 9 lots and consider the back acreage , or , consider the back 11 acres as multiple residence . Mr . Fabbroni stated that he would discuss the Board ' s comments with Mr . Novarr . Planning Board 16 February 7 , 1984 l ADJOURNMENT Upon Motion , Chairman May declared the February 7 , 1984 meeting of the Town of Ithaca Planning Board duly adjourned at 11000 P . M . Respectfully submitted , Nancy M , Fuller , Secretary , Town of Ithaca Planning Board ,