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HomeMy WebLinkAboutPB Minutes 1988-01-05 FILED TOWN OF ITHACA Date &V&A2,6� Zq e o Clerk •t TOWN OF ITHACA PLANNING BOARD JANUARY 5 , 1988 The Town of Ithaca Planning Board met in regular session on Tuesday , January 5 , 1988 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , Virginia Langhans ,, William Lesser , David Klein , Robert Kenerson , Robert R . Flumerfelt ( Town Engineer ) , John C . Barney ( Town Attorney ) , Susan C . Beeners ( Town Planner ) , Andrew S . Frost ( Town Building Inspector / Zoning Enforcement Officer ) . ALSO PRESENT : Larry O ' Neil , Joe Ciaschi , Jim Mayer , Garry Evans ( Tompkins County Planning Department ) , J . Hamroch ( WHCU ) . Chairman May declared the meeting duly opened at 7 : 35 p . m . , and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on December 28 , 1987 and December 31 , 1987 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the: properties under discussion , upon both the Clerk and the Building Commissioner of the City of Ithaca , upon the Tompkins County Administrator , upon the Commissioner of Public Works , upon the Tompkins County Commissioner of Planning , and upon the applicants and / or Agent , as appropriate , on December 30 , 1. 987 . NON -AGENDA ITEM Mr . Frost distributed to each of the members of the Board a copy of his December 1987 Report of Building and Zoning Activities . PUBLIC HEARING : CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS WITH RESPECT TO A REQUEST FOR SPECIAL APPROVAL FOR THE PROPOSED BROOME DEVELOPMENTAL DISABILITIES SERVICES ADMINISTRATIVE OFFICES AND DAY TREATMENT CENTER , PROPOSED TO BE LOCATED IN A SPECIAL LAND USE DISTRICT ( LIMITED MIXED USE ) IN THE FORMER ODD FELLOWS LODGE INFIRMARY ON TRUMANSBURG ROAD , TOWN OF ITHACA TAX PARCEL NO , 6 - 24 - 3 - 3 . 5 . JOSEPH 0 . CIASCHI , PROPERTY OWNER / APPLICANT . Chairman May declared the Public Hearing in the above - noted matter duly opened at 7 : 35 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Ciaschi addressed the Board and stated that the Day Treatment Center is presently located in the Cayuga Heights school . Mr . Ciaschi stated that the Day Treatment Center has to be relocated , as Cayuga Heights school will be reopened . Dr . Larry O ' Neil who is the person in charge of the Day Treatment Center appeared before the Board and stated that the plans , at this Planning Board - 2 - January 5 , 1988 • point , are to move the Center out of the Cayuga Heights school on January 16 , 1988 , and move the Regional Office , which is located in Babcock Hall , on January 18 , 1988 . Chairman May noted that this was a Public Hearing and asked if there were anyone present who wished to speak to this issue . No one spoke . Chairman May closed the Public Hearing at 7 : 40 p . m and asked for questions or comments from the Board . Chairman May wondered how many permanent residents would be living in the Day Treatment Center , with Dr . O ' Neil answering , no one will be living on the premises , as this is strictly a day operation . Dr . O ' Neil stated that there would be about 50 - 60 clients , adding that there would be approximately 25 professional and para - professional staff , and four part - time vehicle operators . Dr . O ' Neil offered that there would be five state- owned vans , including one school bus vehicle , commenting that these would be operated from and parked on the site . Dr . O ' Neil indicated on the map where the parking spaces would be located . William Lesser wondered if the arrival of the bus and vans would coincide with the arrival of the vehicles at the Mayer School . Dr . O ' Neil responded that the Day Treatment vehicles would not arrive until about 9 : 30 a . m . , and added that the Mayer School was already in session . • Virginia Langhans wondered if the clients would be inside the building all the time . Dr . O ' Neil responded that a number of people leave the building during the day , but they would always be under supervision . Ms . Beeners stated that she had viewed the building , and offered that there was a large lawn in the back , and also an exit from a recreation room to the area behind the building . Ms . Beeners commented that she had spoken with the adjacent occupant , Jim Mayer , and Mr . Mayer had indicated that there would be no problem . Chairman May stated that he felt this was an excellent use of the building . Chairman May stated that the Zoning Board of Appeals would be the Lead Agency for Environmental Review , Virginia Langhans pointed to the map , and wondered what was meant by habitat . Dr . O ' Neill explained that for some reason the words habititation area got translated by the architect into habitat , and noted that it did not make any sense to change the plans . Dr . O ' Neil stated that it is very simply a classroom type of area . Andrew Frost , BT / ZEO , wondered if Broome Development was part of the Office of .Mental Retardation / Developmental Disabilities , with Mr . O ' Neil answering , no , Broome Developmental Services is a part of the New York State Office of Mental Retardation . There appearing to be no further questions or comments from the Board , Chairman May asked if anyone were prepared to offer a motion . Planning Board - 3 - January 5 , 1988 • MOTION by Dr . William Lesser , seconded by Mr . Robert Kenerson : WHEREAS : 1 . This action is a request for Special Approval for the proposed Broome Developmental Disabilities Services Administrative Offices and Day Treatment Center , proposed to be located in a Special Land Use District ( Limited Mixed Use ) in the former Odd Fellows Lodge Infirmary on Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 24 -a3 - 3 . 5 . 2 . This is an Unlisted Action for which the Zoning Board of Appeals has been legislatively determined to act as Lead Agency for environmental review . 3 . The Planning Board , at Public Hearing on January 5 , 1988 , has reviewed the submissions for the proposal , including " Proposed Day Treatment Center and Regional Offices , Broome D . D . S . O . " - - " Site Plan and Lower Floor Plan " and " Upper Floor Plan " , dated August 14 , 1987 , by Design East , and , Short Environmental Assessment Form , dated December 22 , 1987 . 4 . The Town Planner has recommended a negative determination of environmental significance for this action . • THEREFORE , IT IS RESOLVED : 1 . That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that a negative determination of environmental significance be made for this Unlisted Action . 2 . That the Planning Board report and hereby does report its approval of the Site Plan for the proposed facility , provided that the required approvals are granted by the Zoning Board of Appeals . 3 . That the :Planning Board find and hereby does find that there is a need for the proposed use in the proposed location ; that the existing and probable future character of the neighborhood will not be adversely affected ; that the proposed use is in accordance with a comprehensive plan of development of the Town . 4 . That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that Special Approval for the facility as proposed be granted . There being no further discussion , the Chair called for a vote . Aye - May , Klein , Langhans , Kenerson , Lesser . Nay - None . • The MOTION was declared to be carried unanimously . Planning Board - 4 - January 5 , 1988 Chairman May declared the matter of the Broome Developmental Disabilities Services Administrative Offices and Day Treatment Center duly closed at: 7 : 48 p . m . PUBLIC HEARING : CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS WITH RESPECT TO A REQUEST FOR SPECIAL APPROVAL OF A NURSERY SCHOOL USE FOR THE PROPOSED TOMPKINS COUNTY EMPLOYEE DAY CARE CENTER , PROPOSED TO BE LOCATED IN A SPECIAL LAND USE DISTRICT ( LIMITED MIXED USE ) IN BIGGS CENTER , BUILDING A . 301 HARRIS Be DATES DRIVE , TOWN OF ITHACA TAX PARCEL NO , 6 - 24 - 3 - 2 . 2 . TOMPKINS COUNTY BOARD OF REPRESENTATIVES , APPLICANT ; FRANK R . LIGUORI , AGENT , Chairman May declared the Public Hearing in the above - noted matter duly opened at 7 : 50 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Gary Evans appeared before the Board in Mr . Liguori ' s absence . Mr . Evans noted that the Board had already received a description of the project: , and stated that he was available for any questions or comments , Board Member Robert Kenerson asked about the volume of the Day Care Center when it was ready for operation . Mr . Evans responded that that fact was not yet known , as the application was based on the results of the survey by the employees , but it is assumed that the range of 35 - 45 children would be fairly accurate . Mr . Ken erson wondered about the situation when full capacity was reached . Mr . Evans answered that people find Day Care other places . Board Member Klein asked about the loading situation in the back , as it appears to be a dead - end . Mr . Evans responded that the road comes down into a large parking lot , which is about twice the size indicated on the drawing that is before the Board , adding that the loading facility is " this " little turn - out area . Mr . Klein stated that his concern was to have a better drop -off situation , rather than just a parking lot . Mr . Evans responded that there was room for about three cars to pull out into the line of traffic , stop and unload , then from that point the vehicles could proceed down through the parking lot over into the next lane , adding that this would entail a U- turn . Mr . Evans commented that he has argued for a road connection through " here " , but it does not seem to be in the plans . Board Member Virginia Langhans wondered if the children were dropped off , or escorted to the door , with Mr . Evans answering , they are excorted to the door . Mr . Evans commented that it was important to keep in mind that the parents dropping the children off do work in the building , or an adjacent building . Mr . Evans noted that he felt the drop- off facility would be used very little , as the parents would park where they normally park . Mr . Evans stated that • County employees in the Biggs Center and their Day Care needs are the _ target of this project . Chairman May noted that this was a Public Hearing and asked if there were anyone present who wished to speak to this issue . No one Planning Board - 5 - January 5 , 1988 • spoke . Chairman May closed the Public Hearing at 7 : 55 p . m . and asked for questions or comments from the Board . William Lesser wondered if the Hospital Administrator had any position on the proposal . Mr . Evans responded that there has been no expression of support or opposition that he was aware of . Mr . Evans offered that the Day Care offers services for children eight weeks old through the age of four . Mr . Evans stated that approval is required from the State DSS , because they are being asked to fund the start -up costs , and the Health Department has to approve any food preparation , adding that , perhaps there are other requirements that have not been investigated yet . At this point , Chairman May stated that subject proposal involves a recommendation to the Zoning Board of Appeals , and that Board is the Lead Agency in the Environmental Review . Susan Beeners asked about adequate building security . Mr . Evans responded that the rules of the Day Care Center would be that the children be delivered to the door by a responsible adult . Mr . Evans said that there are security issues associated with the Department of Social Services , Ms . Beeners also asked about the outdoor play area . Mr . Evans noted that the proposal , at this time , is to work out an agreement with the West Hill Day Care Center fenced in play area . There appearing to be no further comments , Chairman May asked if anyone cared to make a motion . MOTION by Mrs . Virginia Langhans , seconded by Mr . Robert Kenerson : WHEREAS : 1 . This action is a request for Special Approval of a Nursery School Use for the proposed Tompkins County Employee Day Care Center , proposed to be located in a Special Land Use District ( Limited Mixed Use ) in Biggs Center , Building A , 301 Harris B . Dates Drive , Town of Ithaca Tax Parcel No . 6 - 24 - 3 - 2 . 2 . 2 . This is an Unlisted action for which the Zoning Board of Appeals has been legislatively determined to act as Lead Agency for environmental review . 3 . The Planning Board , at Public Hearing on January 5 , 1988 , has reviewed the submissions for the proposal , including the general site plan for the Biggs Center Special Land Use District , the second floor plan for Biggs Center Building A , a plan showing proposed space and renovations for the proposed day care facility , and the Short Environmental Assessment Form dated December 9 , 1987 . ® 4 . The Town Planner has recommended a negative determination of _ environmental significance for this action . Planning Board - 6 - January 5 , 1988 • THEREFORE , IT IS RESOLVED : 1 . That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that a negative determination of environmental significance be made for this Unlisted action . 2 . That the Planning Board report and hereby does report its .approval of the site plan for the proposed facility , provided that the required approvals are granted by the Zoning Board of Appeals . 3 . That the Planning Board find and hereby does find that there is a need for the proposed use in the proposed location ; that the existing and probable future character of the neighborhood will not be adversely affected ; that the proposed use is in accordance with a comprehensive plan of development of the Town . 4 . That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that Special Approval for the facility as proposed be granted . There being no further discussion , the Chair called for a vote . Aye - May , Klein , Langhans , Kenerson , Lesser . Nay - None . • The MOTION was declared to be carried unanimously . Chairman May declared the matter of the proposed Tompkins County Employee Day Care Center duly closed at 8 : 30 p . m . PUBLIC HEARING :W CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS WITH RESPECT TO A REQUEST FOR SPECIAL APPROVAL OF A DORMITORY USE FOR A PROPOSED NEW RESIDENTIAL HALL , PROPOSED TO BE LOCATED IN A RESIDENCE R - 15 DISTRICT ON THE ITHACA COLLEGE CAMPUS ON TOWN OF ITHAC;A TAX PARCEL NO . 6 - 41 - 1 - 24 . ROBERT JOHN O ' BRIEN , H . O . L . T . ARCHITECTS , ARCHITECT , ITHACA COLLEGE , PROPERTY OWNER , Chairman May stated that the above -noted matter has been temporarily withdrawn at this time , at the request of Ithaca College , pending revisions to the plan . NON -AGENDA ITEM At this point , Andrew Frost , Building Inspector / Zoning Enforcement Officer , referred to his December 1987 Report of Building and Zoning Activities , Mr . Frost stated that Mobile Homes would not appear in the report , commencing January 1988 , Mr . Frost noted that Mobile Homes are not counted by Building Code as a single family residence , or two - family residence , nor are they considered a multiple family residence . Mr . Frost stated that , of the 18 permits issued • about 12 were for Mobile Homes . Planning Board - 7 - January 5 , 1988 • David Klein wondered if the Cornell Equitation Facility was occupied . Mr ,. Frost responded that it was temporarily occupied for the stabling of the horses only , as they are a little behind schedule . Susan Beeners , Town Planner , commented that there were a couple of items that concerned her regarding the census review . Ms . Beeners suggested that , perhaps , in the Certificate of Compliance section it might be possible , as time goes on , to define it so that the new housing units are noted , adding that that may be the place where an actual tally of new housing units in the Town could be noted . Mr . Frost responded that each certificate that is issued indicates whether it is a single family or two - family home , and whether it is an existing home . AGENDA ITEM : SET DATE FOR PUBLIC HEARING TO CONSIDER AN AMENDMENT TO " SECTION 8 . FEES " OF THE TOWN OF ITHACA SUBDIVISION REGULATIONS . William Lesser wondered about the construction activity in 1988 . Ms . Beeners responded that she has had some fairly serious inquiries about some large developments . Attorney :Barney stated that the genesis of the proposed amendment is the fact that the Town staff is spending quite a bit of time on various projects and , as part of a desire to make the costs be deferred a little bit more by the people that are causing the work , the thought was to increase these fees , and what is proposed here is a . two - lot subdivision Sketch Plat Review for $ 10 . 00 , and more than a two - lot sudivision would be $ 50 . 00 . Attorney Barney stated that the Preliminary Plat , at present , is a flat $ 25 . 00 fee , noting that if it is more than two lots it would be $ 20 . 00 , plus $ 5 . 00 per lot , or dwelling unit , whichever is larger . Attorney Barney stated that , in addition to these fees at the Preliminary Plat level , it is recommended that , whenever an applicant requires a public hearing , there be a flat: $ 40 . 00 charge , noting that that fee is really designed to offset the cost of publishing the Notice of Public Hearing and the cost of postage that is required to mail notices of public hearings to adjoining landowners . Attorney Barney stated that in a Final Plat two - lot subdivision the cost is $ 12 . 00 , and more than a two - lot subdivision would be $ 10 . 00 , plus $ 1 . 00 per lot . Attorney Barney stated that the Building Inspector , Town Planner , or the Deputy Town Clerk who is associated with the planning and building department would be in a position to calculate the fee for each application . Attorney Barney noted that there would be a change in Section 9 of the Subdivison Regulations , adding that the change would spell out. that a violation of the regulations would be a Class A Misdemeanor , subject to a possible one year jail term , or a $ 1 , 000 . 00 fine . There appearing to be no further comments on the amendments , Chairman May asked if anyone cared to make a motion . MOTION by Chairman Montgomery May , seconded by Virginia Langhans : • V Planning Board - 8 - January 5 , 1988 RESOLVED , by the Town of Ithaca Planning Board , that a Public Hearing be held in the matter of proposed amendments to the Subdivision Regulations relating to fees ,. persons who can compute the fees , and the penalties for violation , and IT IS FURTHER RESOLVED , that such Public Hearing will take place on January 19 , 1988 at 7 : 30 p . m . in the Town Hall Board Room . There being no further discussion , the Chair called for a vote . Aye - May , Langhans , Klein , Kenerson , Lesser . Nay - None . The MOTION was declared to be carried unanimously . Chairman May closed the discussion on the proposed amendments at 8 : 45 p . m . GENERAL DISCUSSION . Ms . Beeners stated that another area that is being reviewed concerning fees is the Town SEQR Law , so that it would be consistent with the State Law , Ms . Beeners offered that there will be a return Sketch Plan from Mr . Richard Atkins for about a 9 , 000 square - foot professional offices and convenience store , proposed to be on the same site . Ms . Beeners said that the proposed Gulledge subdivision on Forest Home Drive would be coming either January 19 , 1988 or February 2 , 1988 . Ms . Beeners stated that Paul Jacobs is interested in proceeding with Phase II of the Mobile Home Park on Seven Mile Drive , and noted that he has submitted well tests that were completed in December 1987 . ADJOURNMENT Upon Motion , Chairman May declared the January 5 , 1988 meeting of the Town of Ithaca Planning Board duly adjoured at 9 : 00 p . m . Respectfully submitted , Mary S . Bryant , Recording Secretary , Nancy M . Fuller , Secretary , Town of Ithaca Planning Board .