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HomeMy WebLinkAboutPB Minutes 1988-04-19 FILED TOWN OF ITHACA Date -//.� �jzf of • TOWN OF ITHACA PLANNING BOARD Clerk APRIL 1 .9 , 1988 The Town of Ithaca Planning Board met in :regular session on Tuesday , April 19 , 1988 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , Carolyn Grigorov , Virginia Langhans , Robert Miller , Robert Kenerson , William Lesser , John C . Barney ( Town Attorney ) , Robert R . Flumerfelt ( Town Engineer ) , Susan C . Beeners ( Town Planner ) , George R . Frantz (Assistant Town Planner ) . ALSO PRESENT : David R . Norcross , Jeremy Schaad , Nandine Boyle , David V . Han , Sara B . Canaday , Thomas H . Johnson , David Auble , Doug Wilcox , Tom Murray , Iska Ziver , Shirley Egan , George Hascup , Jean Brockway , Chairman May declared the meeting duly opened 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 April 11 , 1988 , and April 14 , 1988 , respectively , together with the Clerk ' s Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties under discussion , as appropriate , upon the Clerk of the Town of Ithaca , upon both the Clerk: and the Building Commissioner of the City of Ithaca , upon the Tompkins County Commissioner of Public Works , upon the Finger Lakes Region of the NYS Office of Parks , Recreation , & Historic Preservation , upon the Tompkins County Commissioner of Planning , and upon the applicant on April 12 , 1988 . PUBLIC HEARING : CONSIDERATION OF SITE PLAN APPROVAL FOR A PROPOSED 12 - FOOT BY 62 - FOOT ADDITION TO THE P & C MARKET , LOCATED AT EAST HILL PLAZA ON JUDD FALLS AND ELLIS HOLLOW ROADS , TOWN OF' ITHACA TAX PARCEL N0 . 6 - 62 -1- 191219 Chairman May declared the Public Hearing in the above - noted matter duly opened and read aloud from the Notice of Public Hearings as posted and published and as noted above . David Norcross , Director of Real Estate for P & C Food Markets , addressed the Board and stated that a small addition is being proposed , which is approximately 12 feet in width and 62 feet in depth . Mr . Norcross offered that the purpose of the addition was to allow for improvement of the existing bakery and to relocate some of the existing machinery . Mr . Norcross stated that the employee lounge would be relocated , along with a Manager ' s office . Mr . Norcross noted that , in the course of the site planning , one corner of the existing building runs over the existing water line which the P & C Market has agreed to relocate , as part of the proposal , at the request of the 0 Southern Cayuga Lake Intermuncipal Water Commission . Planning Board - 2 - April 19 , 1988 . Town Planner Susan Beeners wondered if the addition would increase the amount of the sales floor area , with Mr . Norcross answering , no . Chairman May noted that this was a Public Hearing , and asked if anyone present wished to speak . No one spoke . Chairman May closed the Public Hearing and brought the matter back to the Board for discussion . Robert Kenerson wondered if this would be a one - story addition . Mr . Norcross responded that it would be a one - story addition . Mr . Norcross added that the parking space would be reduced by three . Mr . Frantz , Assistant Town Planner , commented that the existing parking at the entire plaza is about 525 spaces , not counting an additional gravel parking lot which Cornell has developed behind the P & C . Chairman May asked about employee parking . Mr . Norcross responded that he was not at the P & C on a regular basis , adding that he has not seen the employee parking to full capacity . Mr . Frantz stated that the staff ' s only reservation concerning the expansion was the fact that Local Law # 1 passed. in 1983 requires a 20 - foot safety zone around the building . Mr . Frantz noted that , currently , there is a 9 - foot safety zone . Mr . Frantz offered that the 20 - foot safety zone was for fire protection . • There appearing to be no further discussion , Chairman May asked if anyone were prepared to make a motion . MOTION by Mr . Robert Kenerson , seconded by Mr . Robert Miller : WHEREAS : 1 . This action is the Consideration of Site Plan Approval for a proposed 12 - foot by 62 - foot addition to the P & C Market , located at East Hill Plaza on Judd Falls and Ellis Hollow Roads , Town of Ithaca Tax Parcel No . 6 - 62 - 2 - 1 . 121 , 2 . This is an Unlisted Action for which the Planning Board has been legislatively determined to act as Lead Agency for environmental review . 3 . The Town Planner has recommended a negative determination of environmental significance for this action , subject to the mitigating measures included in the project proposal . THEREFORE , IT IS RESOLVED : That the Planning Board , acting as Lead Agency for the environmental review of this action , make and hereby does make a negative determination of environmental significance . • There being no further discussion , the Chair called for a vote . Planning Board - 3 - April 19 , 1988 . Aye - May , Grigorov , Langhans , Kenerson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mrs . Carolyn Grigorov , seconded by Mrs . Virginia Langhans : WHEREAS : 1 . This action is the Consideration of Site Plan Approval for a proposed 12 - foot by 62 - foot addition to the P & C Market , located at East Hill Plaza on Judd Falls and Ellis Hollow Roads , Town of Ithaca Tax Parcel No . 6 - 62 - 2 - 1 . 121 , 2 . This is an Unlisted Action for which the Planning Board , acting as Lead Agency for environmental review , has , on April 19 , 1988 , made a negative determination of environmental significance . 3 . The Planning Board , at Public Hearing on April 19 , 1988 , has reviewed the Short Environmental Assessment Form , letter from Tanner Building Company dated April 7 , 1988 , site and building plans , and other submissions for this proposal . THEREFORE , IT IS RESOLVED : • 1 . That the Planning Board grant and hereby does grant Site Plan Approval for the addition to the P & C Market as proposed , subject to the following conditions . a . The completion of any improvements required by the Town Engineer and the Southern Cayuga Lake Intermuncipal Water Commission with respect to watermain relocation and any other water line improvements prior to the issuance of a certificate of compliance for the proposed addition . b . The submission of a plan showing proposed expansion of the East Hill Plaza safety zone in order to achieve compliance with Town of Ithaca Local Law No . 1 , 1983 , with any reorganization of parking spaces in the adjacent parking made necessary by expansion of said safety zone , as well as related signage , to be subject to the approval of the Town Engineer and to be implemented prior to the issuance of a certificate of compliance for the proposed addition . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Langhans , Kenerson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . • Chairman May declared the matter of the proposed 12 - foot by 62 - foot addition to the P & C Market duly closed . Planning Board - 4 - April 19 , 1988 • PUBLIC HEARING : CONSIDERATION OF SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 44 - 1 - 4 . 31 , LOCATED ON EAST KING ROAD , MULTIPLE RESIDENCE DISTRICT , INTO TWO PARCELS OF 23 . 1 AND 4 . 8 ACRES EACH , AND FURTHER , CONSIDERATION OF APPROVAL OF A REVISED SITE PLAN FOR STAGES 1 AND 2 OF " BUTTERFIELD " , SAID STAGES PROPOSED TO CONSIST OF 48 ATTACHED SINGLE - FAMILY DWELLING UNITS WITH ULTIMATE SITE DEVELOPMENT PROPOSED TO INCLUDE A TOTAL OF 86 DWELLING UNITS , AND FURTHER , CONSIDERATION OF SUBDIVISION APPROVAL WITH RESPECT TO A REQUEST FOR THE CLUSTERED SUBDIVISION OF SAID 48 STAGE 1 AND 2 DWELLING UNITS PLUS OPEN SPACE LOTS . BUTTERFIELD ASSOCIATES , DEVELOPER ; DAVID C . AUBLE , APPLICANT . Chairman May declared the Public Hearing in the above - noted matter duly opened and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Auble addressed the Board and stated that he was before the Board to complete the presentation for Preliminary Site Plan Approval for the ButterField development . Mr . Auble noted that there have been some changes on the plans , as there were a few gray areas that had to be clarified . At this time , Thomas H . Johnson , Land Planner for the project , appeared before the Board and appended maps to the bulletin board . • Mr . Johnson , indicating on the appended maps , stated that relative to the motion for subdivision , the first subdivision is the subdivision that divides " this " area , which is called a buffer lot , from the rest of the parcel . Mr . Johnson stated that " this " drawing is a color version of the multi - family site plan revision . Mr . Johnson mentioned the preliminary cluster subdivision approval for the remainder of the parcel . Mr . Johnson stated that the appended plan is a little bit different from the plan for which the multi - family already exists . Mr . Johnson remarked that the developer is asking for approval for the first two phases , adding that the number of lots has been reduced from 108 to 86 . Mr . Johnson noted that the houses would be owned and not rental units , adding that there would be a large green space system which would be maintained by a Homeowners ' Association . Mr . Johnson stated that there are now four different kinds of architecture , therefore , the clusters have great variety and individuality . Mr . Johnson said that the reserve buffer is being established at the west end of the property , commenting that the road system has been revised at the suggestion of the Town Supervisor , Town Engineer , and Town Planner . Mr . Johnson stated that , as before , the streets and roads will have curbs , and drainage will be to the project lake or the northerly swale . Chairman May noted that this was a Public Hearing and asked if • anyone present wished to speak . Planning Board - 5 - April 19 , 1988 • Shirley Egan , Associate University Counsel at Cornell University , spoke from the floor and wondered how many units there were in Phase 1 . Mr . Johnson responded that there were 20 units in Phase 1 , 28 units in Phase 2 , Phase 3 , 30 units , and Phase 4 ,, eight units . Mr . Johnson commented that Phases 3 and 4 were not shown on the plan , as the developer was not seeking site plan design approval for them at this time . Jean Brockway , 166 Ridgecrest Road , spoke from the floor and wondered how many houses would be attached to each other . Mr . Johnson responded that all of the complexes will be two units attached to each other . There appearing to be no one else from the public who wished to speak to this matter , Chairman May closed the :Public Hearing and brought the matter back to the Board for discussion . Attorney Barney inquired as to whether this was a clustered subdivision , with Mr . Johnson answering , it is cluster . Attorney Barney wondered about the roads that were to be conveyed to the Town . Mr . Johnson responded that [ pointing to map ] there would be a 60 - foot right - of -way into " here " and a 50 - foot right - of -way across the back to " here " , and a 60 - foot right -of -way out " here " . Chairman May asked about the maximum length of the private roads , • with Mr . Johnson responding , probably about 300 feet in length , and approximately 20 feet wide , with a few 18 feet wide . Chairman May wondered about emergency vehicles getting in and out . Mr . Johnson said that there would be a hammerhead intersection and a bit of a turnaround " here " . Town Engineer Robert Flumerfelt noted that the Fire Department has indicated that they would back out , up to a 300 - foot distance . Mr . Johnson stated that he had reviewed the issue with the Fire Department and they accepted the road system . Virginia Langhans mentioned an easement for a bike path . Ms . Beeners stated that the bike path has not been totally defined yet , but would be defined prior to any Final Subdivision Approval . Mrs . Langhans wondered if it were always necessary to have a walkway or bike path through every development . Ms . Beeners commented , when one is faced with a situation of not having a sidewalk program along a Town road , then an alternative would be to link together some off - road trails that would , essentially , parallel some of the major roads . There appearing to be no further discussion or comments from the Board , Chairman May asked if anyone were prepared to offer a motion . MOTION by Dr . William Lesser , seconded by Mr . Robert Kenerson : WHEREAS : 1 . This action is the Consideration of Subdivision Approval for the • proposed subdivision of Town of Ithaca Tax Parcel No . 6 - 44 - 1 - 4 . 31 , located on East King Road , Multiple Residence District , into two parcels of 23 . 1 and 4 . 8 acres each , and Planning Board - 6 - April 19 , 1988 further , Consideration of Approval of a Revised Site Plan for Phases or Stages 1 and 2 of " ButterField " , such Phases or Stages proposed to consist of 48 attached single - family dwelling units with ultimate site development proposed to include a total of 86 dwelling units , and further , Consideration of Subdivision Approval with respect to a request for the clustered subdivision of such 48 Phases or Stages 1 and 2 dwelling units plus open space lots . 2 . This is a Type I action for which the Planning Board has been legislatively determined to act as Lead Agency for environmental review . The Tompkins County Health Department , Tompkins County Planning Department , and Tompkins County Highway Department are potentially involved agencies which have been informed of this action . 3 . The Planning Board , at Public Hearing on April 19 , 1988 , has reviewed the Long Environmental Assessment Form , revised plans , engineer ' s report , and other submissions for the proposal . 4 . The Town Planner has recommended that a negative determination of environmental significance be made for the proposed Stages or Phases 1 and 2 . THEREFORE , IT IS RESOLVED : • That . the Planning Board make and hereby does make a negative determination of environmental significance for the aforementioned subdivision into two parcels and the proposed site and subdivision plans for Phases or Stages 1 and 2 as proposed . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Langhans , Kenerson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mrs . Virginia Langhans , seconded by Mr . Robert Kenerson : WHEREAS : 1 . This action is the Consideration of Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No . 6 - 44 - 1 - 4 . 31 , located on East King Road , Multiple Residence District , into two parcels of 23 . 1 and 4 . 8 acres each , and further , Consideration of Approval of a Revised Site Plan for Phases or Stages 1 and 2 of " ButterField " , such Phases or Stages proposed to consist of 48 attached single - family dwelling units with ultimate site development proposed to include a total of 86 dwelling units , and further , Consideration of Subdivision Approval with respect to a request for the clustered subdivision Planning Board - 7 - April 19 , 1988 • of such 48 Phases or Stages 1 and . 2 dwelling units plus open space lots . 2 . This is a Type I action for which the Planning Board , at Public Hearing on April 19 , 1988 , has reviewed the Long Environmental Assessment Form , revised plans , engineer ' s report , and other submissions for the proposal , and has made a negative determination of environmental significance . THEREFORE , IT IS RESOLVED : 1 . That the Planning Board grant and hereby does grant Preliminary Subdivision Approval with respect to the proposed subdivision of Parcel No . 6 - 44 - 1 - 4 . 31 into two parcels of 23 . 1 and 4 . 8 acres each , and , Preliminary Subdivision Approval for the clustered subdivision of the proposed 48 dwelling units in Phases or Stages 1 and 2 plus open space lots , and Preliminary Site Plan Approval for such proposed 48 dwelling units in Phases or Stages 1 and 2 , with the following conditions : a . Acceptance of the location of the proposed public roads and other proposed public facilities by the Town Board prior to consideration of Final Subdivision Approval . b . Alignment of the intersection of the proposed Town road in • Phase or Stage 1 at East King Road opposite the 60 - foot " Future Highway Access : Approved by the Planning Board on June 16 , 1987 , in a plat entitled , " Subdivision Plat , King Road East , Two Lot Subdivision " , dated June 2 , 1987 ; Developer , Donald Lucenti ; Surveyor , L . Fabbroni . c . Provision of an easement to the Town of Ithaca in a location to be determined by the Town Planner for public pedestrian and bicycle access in Phase or Stage 1 , or 2 , between the proposed Town road and the northern line of the property , said easement to be shown on a proposed final subdivision plat before approval . d . Approval of covenants and deed restrictions , or a synopsis thereof , by the Planning Board prior to Final Subdivision Approval , with such covenants and deed restrictions to include provisions for the restriction of pets in a manner adequate to prevent injury to wildlife in South Hill Swamp , and , approval of covenants and deed restrictions by the Town Board prior to the issuance of any building permits . e . Submission of a landscape schedule prior to Final Subdivision Approval . f . A 20 - foot permanent easement , and additional temporary easements as may be necessary , shall be provided for the • construction and maintenance of a future public sanitary sewer main from the proposed sanitary sewer main within the Phase or Stage III area of the proposed subdivision to East Planning Board - 8 - April 19 , 1988 • King Road , the southerly end of which shall be located at any point designated by the Town Engineer along the westerly 600 feet of road frontage of Parcel No . 6 - 44 - 1 - 4 . 31 . g . If Phase or Stage 1 and Phase or Stage 2 roads are not being constructed simultaneously , a temporary turnaround shall be provided at the end of the proposed public road in Phase or Stage 1 or the road shall be completed through Phase or Stage 2 . h . The Town roads shall be constructed in accordance with Town of Ithaca specifications unless modified with the consent of the Town Engineer and Town Board . i . Compliance by the developer with all conditions and requirements set forth in Local Law No . 3 - 1983 , and Local Law No . 3 - 1987 , and associated Resolution , as the same may be amended from time to time . 2 . That , as the applicant has proposed completion of Phases or Stages 1 and 2 of the development by September 1991 , the Planning Board recommend and hereby does recommend to the Town Board the following : a . That Section 4 , Paragraph B , of Local Law No . 3 - 1983 , as • amended by Local Law No . 3 - 1987 , be further amended as follows : " Be The Town now makes a legislative finding that the owner would reasonably require a period ending September 30 , 1991 , to commence and complete the construction of the Phase or Stage 1 and 2 improvements on the project . " b . That Section 4 , Paragraph C , of Local Law No . 3 - 1983 , as amended by Local Law No . 3 - 1987 , be amended to read as follows : " C . Any building permit issued subsequent to the enactment of this law may be revoked or modified at the option of the Town Planning Board if : i0 construction of Phases or Stages 1 or 2 has not been substantially commenced by October 1 , 1988 , or , ii . construction of Phase or Stage 1 and 2 has not been substantially completed by September 30 , 1991 . There being no further discussion , the Chair called for a vote . • Aye - May , Grigorov , Langhans , Kenerson , Lesser , Miller . Nay - None . Planning Board - 9 - April 19 , 1988 • The MOTION was declared to be carried unanimously . Chairman May declared the matter of Preliminary Subdivision Approval for Stage I and II of ButterField duly closed . PUBLIC HEARING : CONSIDERATION OF APPROVAL OF A REVISED SITE PLAN FOR " SPRINGWOOD TOWNHOUSES " , PHASE II , 40 DWELLING UNITS PROPOSED , LOCATED AT 123 EAST KING ROAD , TOWN OF ITHACA TAX PARCEL N0 , 6 - 43 - 2 - 8 , MULTIPLE •RRESIDENCE DISTRICT . HERBERT N . MONKEMEYER , OWNER ; EVAN N . MONKEMEYER , AGENT . NOTE : THE APPLICANT HAS REQUESTED A POSTPONEMENT OF THIS MATTER . Chairman May declared the Public Hearing in the above - noted matter duly opened and read aloud from the Notice of Public Hearings as posted and published and as noted above . Chairman May stated that the Public Hearing in the above - noted matter has been postponed at this time , at the request of the owner , Mr . Herbert N . Monkemeyer , pending re - submission of the application . MOTION by Robert Kenerson , seconded by Robert Miller . RESOLVED , that the Town of Ithaca Planning Board postpone and hereby does postpone the Consideration of Approval of a Revised Site Plan for " Springwood Townhouses " , at the request of the owner , pending • re - submission of the application . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Langhans , Kenerson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . SKETCH PLAN REVIEW OF PROPOSED RETAIL AND MULTIPLE RESIDENCE DEVELOPMENT IN THE VICINITY OF IDE ' S BOWLING CENTER , JUDD FALLS AND ELLIS HOLLOW ROADS . SCOTT HAMILTON , OWNER ; GEORGE HASCUP , ARCHITECT . Chairman May opened the discussion on the above - noted matter and read aloud from the Agenda as noted above . George Hascup , Architect for the project , addressed the Board and appended maps to the bulletin board . Mr . Hascup stated that the developer is proposing a mixed use development . Mr . Hascup commented that the developer thought the mixed use would be the most appropriate type of development , rather than going for a Community Corners type of development . Mr . Hascup noted that the apartment residents would use the adjacent retail and recreation facilities . Mr . Hascup offered that a new attractive facade ' would be put in place for Judd Falls plaza , adding that it • would be a two - story facade with a linear atrium . Mr . Hascup [ indicating on map ] stated that " this " building has a second story mezzanine in the arch . Mr . Hascup offered that a long linear skylight Planning Board - 10 - April 19 , 1988 • that would be exposed at the ends is being proposed , noting that there is enough pressure for , perhaps , two stories of offices with shops on the inside of the small arcade . Mr . Hascup commented that there probably would be a bike store on the bottom with a cafe at the other end with offices up above . Mr . Hascup noted that there would be a single row of angled parking by " this " [ indicating on map ] building . Mr . Hascup offered that the main strategy for the whole development is to consolidate the parking at the site . Mr . Hascup stated that the idea is to consolidate a loop road , parking in the back of the bowling alley , with a new commercial office building on the front . Mr . Hascup noted that a separate retail building would form a frontage to Mitchell Street , and multiple residences would define the back of the site and face the tall pine trees bounding East Lawn Cemetery , Mr . Hascup offered that this was an appropriate housing solution of 42 units , rather than maximum site coverage , and with the complex topography which would pressure the parking too much , and commented that he thought , rather than going to a two - story townhouse type apartment , a more interesting approach , at this point , would be to consolidate a very small apartment tower , with four to five units per floor , and go up six to seven stories . Mr . Hascup offered that there would , obviously , have to be a landscape screening between the apartment complex and the bowling area . Mr . Hascup stated that the first Phase would be the new facade across the face of Ide ' s Lanes , adding that the apartment complex • phase would come in the future . Mr . Hascup noted that the immediate pressure is on the retail and the office . Chairman May wondered how much of the site was Business " C " . Ms . Beeners answered that it is the entire area , including the old Ideman house . Virginia Langhans stated that she was concerned with the seven story apartment complex . Mr . Hascup stated that the developer was not locked into a seven story solution , commenting that the developer thought that the seven story building would be a better impact on the environment , and make it easier for parking and planning for the whole site . , Attorney Barney mentioned the fact that he did not know what authority there was in the Town to go beyond three stories . Ms . Beeners stated that the present definition of multiple was that structures shall conform with other buildings in the vicinity , and in no case shall there be no more than two stories on the roadside . Mr . Hascup stated that the developer has other plans available . Chairman May noted that it would be a good idea to review other plans . Virginia Langhans wondered about the size of the units . Mr . Hascup responded that the units would consist of two or three bedrooms . Ms . Beeners stated that she understood that the Judd Falls area was at capacity at the present time . Chairman May commented that • several years ago the Planning Board sent a resolution to the Town Board concerning Judd Falls Road traffic , and the :intersection . Ms . Beeners stated that she would research the resolution . Planning Board - 11 - April 19 , 1988 • Chairman May commented that a development of the above nature , at that particular location , and at the present time , would seem to be a great concern in the traffic area . George Frantz , Assistant Town Planner , commented that a seven story building could be constructed , given the lay of the land , however , the precedent problem has to be considered . Mr . Frantz stated that one problem with constructing a seven story building on the site is the fact that , according to the Zoning Ordinance , the westernmost yard could not be 30 feet , it would have to be equal to the height of the building , noting , as one builds higher and higher the set - backs get wider and wider . Mr . Frantz did not see any problem with the mixed use , i . e . , the residential adjacent -to the business , if the full set - backs are required . Mr . Frantz noted that , from a planning perspective , it is better to strive for the increased density closer to the City , and thus relieve pressure on development elsewhere in the periphery of the Town . At this time , Chairman May indicated that it would be very helpful if the developer could come back to the Board with what could be put , commercially , on the site , in addition to what presently exists . Chairman May wondered if there was sufficient buffering along Judd Falls road concerning the parking . Mr . Frantz responded that • there was 15 feet . Chairman May asked if there were any other comments . There being none , Chairman May declared the matter of the Ide ' s Bowling Center Development Sketch Plan Review duly closed . CONSIDERATION OF APPROVAL OF A REVISED SITE PLAN FOR COURTSIDE RACQUETBALL AND FITNESS CLUB , 16 JUDD FALLS ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 62 - 1 - 5 , WITH REVISIONS PROPOSED TO INCLUDE AN OUTDOOR BASKETBALL COURT AND AN OUTDOOR VOLLEYBALL COURT , ISKA ZIVER AND THOMAS MURRAY , APPLICANTS . Chairman May declared the discussion of the above - noted matter duly opened , and read aloud from the Agenda as noted above . Mr . Murray addressed the Board and stated that the proposal was for the creation of a green grass area at the front side of Courtside Racquetball and Fitness Club , commenting that there had been a request from the Town to do some landscaping in the front . Mr . Murray offered that , along with the landscaping , he wants to make that area useful as a recreational area . Mr . Murray offered that some blacktop area would be removed from the northeast corner of the parking lot , and a sandpit volleyball pit would be placed there . Mr . Murray noted that the parking situation has been reviewed , commenting that the Club would have approximately 84 parking spaces . • Chairman May remarked that , as to the parking , from a safety standpoint , he had some concerns about closing the entrance . Robert Flumerfelt , Town Engineer , offered that , in his opinion , the e Planning Board - 12 - April 19 , 1988 visibility is not the greatest for entering and exiting . Mr . Flumerfelt felt that there might be more benefit in closing the entrance than keeping it open . Mr . Flumerfelt offered that there are so many exits and entrances along Judd Falls Road now that one less would be welcome . At this point , the Board discussed fencing that would have to be erected on the site . Mr . Frantz mentioned constructing a berm , as an alternative to fencing . Chairman May indicated that a new Site Plan needs to be presented , noting that the new plan would supply the Board with some more information , and also the plan should note the parking situation . William Lesser wondered if the basketball court would remain where it now exists . Mr . Murray answered , yes . There appearing to be no further discussion , Chairman May stated that he would entertain a motion . MOTION by Mr . Robert Kenerson , seconded by Mrs . Virginia Langhans : RESOLVED , by the Town of Ithaca Planning Board , that the matter of consideration of approval of a revised site plan for Courtside • Racquetball and Fitness Club , 16 Judd Falls Road , Town of Ithaca Tax Parcel No . 6 - 62 - 1 - 5 , with revisions proposed to include an outdoor basketball court and an outdoor volleyball court , be and hereby is adjourned to May 17 , 1988 . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Langhans , Kenerson , Lesser , Klein . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the matter of Consideration of Approval of a Revised Site Plan for Courtside Racquetball and Fitness Club duly adjourned . PUBLIC HEARING : CONSIDERATION OF A REQUEST FOR MODIFICATION OF CONDITIONS IMPOSED IN THE SEPTEMBER 15 , 1987 , PLANNING BOARD SITE PLAN APPROVAL OF AN AIR STRUCTURE ENCLOSING TWO TENNIS COURTS AT " LA TOURELLE " , SPECIAL LAND USE DISTRICT NO . 11 1150 DANBY ROAD , TOWN OF ITHACA TAX PARCEL NO , 6 - 36 - 1 - 4 . 2 , AND FURTHER , CONSIDERATION OF A REQUEST FOR MODIFICATION OF LOCAL LAW NO . 3 - 1984 PERTAINING TO SAID SPECIAL LAND USE DISTRICT NO , 1 , SAID REQUEST BEING TO PERMIT COOKING OPERATIONS AND BEVERAGE SERVICE IN " LA TOURELLE " FOR RECEPTIONS AND SIMILAR EVENTS , WALTER J . WIGGINS , OWNER / APPLICANT . NOTE : THE OWNER / APPLICANT HAS REQUESTED THAT THIS MATTER BE ADJOURNED . TO MAY 17 , 1988 . Planning Board - 13 - April 19 , 1988 • Chairman May stated that the Public Hearing in the above - noted matter had been cancelled at the request of the owner / applicant . APPROVAL OF MINUTES - OCTOBER 6 , 1987 MOTION by Virginia Langhans , seconded by Carolyn Grigorov : RESOLVED , that the Minutes of the Town of Ithaca Planning Board Meeing of October 6 , 1987 , be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Langhans , Kenerson , Lesser . Nay - None . Abstain - Miller . The MOTION was declared to be carried unanimously . STAFF REPORT - FARMERS ' MARKET AND OTHER BUSINESS Town Planner Susan Beeners stated that there was an article in the Ithaca Journal on April 14 , 1988 which noted that the Farmers ' Market would be temporarilly relocating to the " B " parking lot at Cornell University . Ms . Beeners stated that the Town staff informed the Market , to the best of their judgment , and as noted in the Zoning • Ordinance , that that was not a permitted use in an R - 30 Zone . Ms . Beeners stated that , after the announcement in the paper about the relocation , there turned out to be some reconsiderations of the use of " B " lot . Ms . Beeners stated that the Market was temporarilly relocated to the Kite Hill lot , which is in the City , adding that , as the weekend developed , and up to this time , there have been some continued reservations or opposition by other departments , or members of the Cornell community staff , as to the use of " B " lot . Ms . Beeners stated that it appeared that somebody was trying to hold it against the Town for saying - no , you cannot do it , because it is not zoned properly . Ms . Beeners stated that there also appeared to be some other things , such as the profit status of the Farmers ' Market , commenting , also on the Market ' s part , as to the type of traffic control and insurance , that that would have to be provided to meet Cornell ' s demands . Ms . Beeners remarked that for a couple of moments it appeared the Town was being called the bad guys and was being used as an excuse for Cornell to deny the use of " B " lot , adding that she thought there were some other things there , including some miscommunication in the Cornell bureaucracy , including the Vet School . Ms . Beeners stated that both she and George Frantz have stayed in contact with the Farmers ' Market since Thursday or Friday , noting that several conversations have been held over the weekend , in fact , alternate sites have been suggested in the Town that are zoned for Commercial or Light Industrial or Industrial , where it would be easier to say , yes , you indeed are within the zoning . Ms . Beeners commented that she felt in considering whether or not the Farmers ' Market is • permitted in an R- 30 District , it is a difficult one because the Market does not have permanent structures , therefore , it is questionable . Planning Board - 14 - April 19 , 1988 • Attorney Barney stated that the issue with the Farmers ' Market was that it was going to be an ongoing recurring thing for a period of several weeks or months . Attorney Barney commented that what really scotched it , from Cornell ' s standpoint , was that they began to worry about the Market ' s profit making , adding , if it is a profit making enterprise , it is a matter of whether Cornell loses some tax exemption for real estate tax purposes , as well as for contributions . Attorney Barney offered that the Vet School raised quite a bit of ruckas about it , because it would be right in their front yard the day of their Openhouse . Attorney Barney said that he understood that Pogo Paolangeli has offered the Market the use of the Watts lot located in the City , which , as the Board knows , is the center of a controversy over how many units can be built there . Attorney Barney felt that at least on a temporary _ basis , it would not be a bad location . Ms . Beeners stated that her latest communication was that , first , the Market had requested Mayor Gutenberger , and apparently the Mayor had acknowledged that , indeed , he would be asking the State for a 60 day extension for their occupancy at the Taughannock Blvd . site , however , Ms . Beeners felt that that would take longer than the upcoming weekend . Ms . Beeners noted that in discussions with the City , the Market probably can work out something with the City as a temporary site . Ms . Beeners stated that the " B " lot still had to be considered to be one of the possible temporary sites , but it was not one of the main ones at the present time , because of the recent developments with the City . • Continuing , Ms . Beeners stated that she had set aside this time on the Agenda as a contingency time , just in case there was any need for a review of the " B " lot location and what possible environmental impacts there might be . Ms . Beeners remarked that Evan Monkemeyer had offered use of his Hayloft land . Ms . Beeners stated that she had drafted a general resolution of support for the Board to consider . William Lesser wondered if the indication might be made a little bit stronger than stated . Mr . Lesser noted that he realized there are a complex of matters , most of which are totally outside the realm of control , but , if for example , " B " lot were selected or another area in the Town , could the Board at least make some statement that the Planning Board would be willing to do anything within its power to try to facilitate and expedite an environmental impact evaluation , and a recommendation for temporary rezoning , or something of that sort . Ms . Beeners responded that whether it is within this Board ' s power , or within any Board ' s power , is the question . Attorney Barney stated that the Farmers ' Market is not the only organization in Town that has a problem one time or another , noting that there is a question as to just where is a Town Board stepping across the line into an area that is really outside their scope of activities . Chairman May stated that it seemed to him that the resolution • indicates that the Board has support for the Farmers ' Market , noting , to go any further than that without knowing the site , without knowing the circumstances , without knowing the sponsors ' requirements , and a .1 Planning Board - 15 - April 19 , 1988 • lot of other things , the Board could create more problems than good . Mr . Lesser stated that he could see the point . Shirley Egan from Cornell University spoke from the floor and stated that it sounded to her like , if Cornell had not objected to the " B " lot , specifically , the Town might find a way to accommodate that within the zoning . Chairman May commented that he thought that kind of speculation , at this point , was probably unwise . Ms . Beeners offered that , what she had hoped was an emergency plan , if " B " lot was still in the running at Cornell , and that there would be the opportunity for at least a look at what the environmental impact might be , as to the traffic volume and what the whole situation was at the Planning Board , noting , that that was again not knowing at all what legal mechanisms there would be to permit the Market to be there , and commenting , but it was like trying to take one step at a time , and at least see what the environmental impact was . Ms . Egan stated that , basically , the question is moot now with Cornell ' s decision , with Virginia Langhans agreeing that it seemed to be . Chairman May again stated that he felt the Board could do more damage trying to push a sponsor , as the sponsor has to agree to it , and then it goes on for the next step . Ms . Egan stated , for the record , that Cornell supports the Market , and wanted to make it clear that Cornell is not stonewalling it in any way . At this time , Chairman May stated that he would entertain a • motion . MOTION by Dr . William Lesser , seconded by Mrs . Carolyn Grigorov : WHEREAS : 1 . The Ithaca Farmers ' Market has a long history of service to the Ithaca area . 2 . The Market is in search of permanent and / or temporary locations and has indicated that is is exploring several alternative sites in the City and Town of Ithaca . THEREFORE , IT IS RESOLVED : That the Town of Ithaca Planning Board report and hereby does report its support of the Ithaca Farmers ' Market , and requests that efforts by the City of Ithaca , the Town of Ithaca , Cornell University , and other agencies and institutions in the Ithaca area be continued to find permanent and / or temporary locations for the Market . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Langhans , Kenerson , Lesser , Miller . Nay - None . • The MOTION was declared to be carried unanimously . Planning Board - 16 - April 19 , 1988 • Chairman May noted that he felt it would be appropriate to send a copy of the above resolution to the FarmersMarket , and to Mayor Gutenberger , Chairman May commented that , for everyone ' s information , the City has some proposals underway to purchase some of the Six Mile Creek Watershed lands , etc . Chairman May indicated that the Town Supervisor , Noel Desch , has requested that there be some additional Town members on the old Six Mile Creek Committee , Ms . Beeners stated that there is the Six Mile Creek Overseer Committee , which she has been attending , commenting that recently there have been a couple of meetings of the planning staffs of the different agencies around , to discuss the benefits of having a new Six Mile Creek Land Use Study Committee to look at acquisition , which the City is sort of interested in , and some of the other land use controls such as cluster , and transfer of development rights that could be . applied to protect the watershed , adding that she believed the scope of it was looking at extending into Caroline . Ms . Beeners stated that Supervisor Desch has indicated to Mayor Gutenberger that , if such a committee is officially formed , the Town would be a willing participant in it . Ms . Beeners remarked that it would either be the May 3 , 1988 or May 17 , 1988 meeting that the Planning Board would be asked to appoint a member of the Board to attend those committee meetings . ADJOURNMENT • Upon Motion , Chairman May declared the April 19 , 1988 , meeting of the Town of Ithaca Planning duly adjourned . Respectfully submitted , Mary Bryant , Recording Secretary , Nancy M . Fuller , Secretary , Town of Ithaca Planning Board . •