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HomeMy WebLinkAboutPB Minutes 1989-12-19 s • FILED TOWN OF ITHACA DateG ��.�0 24 . TOWN OF ITHACA PLANNING BOARD Clerk DECEMBER 19 , 1989 The Town of Ithaca Planning Board met in regular session on Tuesday , December 19 , 1989 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairperson Carolyn Grigorov , Virginia Langhans , James Baker , Montgomery May , Robert Kenerson , William Lesser , Robert Miller , Erik Whitney ( Acting Town Engineer ) , Susan C . Beeners ( Town Planner ) , John C . Barney ( Town Attorney ) , George R . Frantz (Assistant Town Planner ) , ALSO PRESENT : Mr . & Mrs . Gerald Sincock , Mrs . Ann Mersen , Thomas Mills , M . Zaitlin , Roberts Cotts , Michael R . May , Esq . Herb Brewer , Mr . & Mrs . Brian Lanphere , Mr . & Mrs . Louis Mac era , Robin Welch , Jan Asendorf , John Hanrahan , Kinga & Peter Gergely , Gregory Menzenski , Cheryl Larkin , Tammo Steenhuis , Carmine Gerard , Harrison Rue , Larry Fabbroni , Leslie Smith - Darling , Thomas Darling , Elliott Lauderdale , Myrtle Whitcomb , John . Whitcomb , Ron & Bonnie Simpson , Fred T . Wilcox III , Harry Fertik , David Fernandez , George Kugler , Dick Perry , Carl Sgrecci , Tom Niederkorn , Alan Wood . • Chairperson Grigorov declared the meeting duly opened at 7 : 30 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 11 , 1989 , and December 14 , 1989 , 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 the Tompkins County Commissioner of Planning , upon both the Clerk and the Building Commissioner of the City of Ithaca , and upon the applicants and / or agents , as appropriate , on December 12 , 1989 . Chairperson Grigorov read the Fire Exit Regulations to those assembled , as required by the New York State Department of State , Office of Fire Prevention and Control . PUBLIC HEARING : CONSIDERATION OF APPROVAL OF A MODIFIED SITE PLAN FOR THE TOMPKINS COUNTY CHAMBER OF COMMERCE , LOCATED AT 904 EAST SHORE DRIVE , TOWN OF ITHACA TAX PARCELS N0 . 6 - 18 - 2 - 8 , - 91 AND - 10 ( SPECIAL LAND USE DISTRICT N0 , 5 ) , WITH SUCH MODIFICATION PROPOSED TO INCLUDE PAVEMENT , LANDSCAPE , AND CURBING REVISIONS . TOMPKINS COUNTY CHAMBER OF COMMERCE , OWNER / APPLICANT . ( ADJOURNED FROM NOVEMBER 21 , 1989 . ) Chairperson Grigorov declared the Public Hearing in the above - noted matter duly opened at 7 : 46 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . - ` Maps were appended to the bulletin board . Planning Board - 2 - December 19 , 1989 • Attorney Michael May addressed the Board and stated that he was representing the Chamber of Commerce . Mr . David Fernandez , of the Cayuga Landscape Co . , Inc . , approached the Board and explained the changes shown on the revised site plan . Mr . Fernandez , commenting on the schematic paving plan showing drainage and curbing , stated that , essentially , there are no changes in the paving or the drainage pattern from the initial site plan when the building was initially approved . Mr . Fernandez [ indicating on map ] pointed out the direction of flow . Mr . Fernandez offered that , as orginally shown , the parking would be angled parking . Mr . Fernandez stated that the key change is the addition of timber curbing around the interior of the parking island , which has been brought around close to the exit and entrance signs . Mr . Fernandez said that the Chamber added curbing to the interior of the island . Mr . Fernandez said that there would be a minimum 5 - foot concrete walkway along the west side of the parking lot which is shown to the point where the walkway would have to begin to curve toward the RV parking sign area . Mr . Fernandez referred to the enlargement of the planting islands along East Shore Drive , adding that , essentially , the concept is to plant that grove of Birch and Amelanchier in an island bed of naturalized perennials , such as Daylilies and other things . • Mr . Fernandez stated that the main identification sign is already in place , adding , the only signs that are really necessary are the entrance and exit signs which are placed in similar spots to the original drawing , commenting that the parking sign for recreational vehicles would be placed in [ indicating on map ) " this " area . Mr . Fernandez indicated that there would be signs for handicapped parking spaces , adding , all the signs would be constructed of wood to match the main identification sign for the facility . Mr . Fernandez offered that there would be a commercial cedar post lighting system - - two large lights , one at each of the smaller islands in the center of the parking lot , adding , they would be stained to match the siding on the Chamber building and would stand about ten feet in height . Chairperson Grigorov noted that this was a Public Hearing and asked if anyone present wished to speak . No one spoke . Chairperson Grigorov closed the Public Hearing at 7 : 56 p . m . and brought the matter back to the Board for discussion . Ms . Langhans inquired about the lighting . Mr . Fernandez responded that the initial site plan prepared prior to the building ' s construction showed 3 ' - 4 ' high bollard lighting about 8 " square . Mr . Fernandez noted that both the bollard lighting and the post lighting are shown on the map , commenting that either style would be acceptable to the Chamber . Board member May wondered if the Chamber anticipated that the two Tights , with a 10 - foot high standard , would light the entire parking area . Mr . Fernandez answered that they are high - intensity sodium 100 -watt bulbs . Chairperson Grigorov wondered if the bollard "'lghts Planning Board - 3 - December 19 , 1989 • would have been in the same position . Mr . Fernandez answered , yes . Mr . Fernandez stated that the building itself acts as a light , because there are so many exposed lighted windows . Ms . Langhans asked if there were many activities in the evening at which there would be a large gathering . Mr . Herb Brewer , member of the Chamber , responded that there have not been too many up to this time , adding that the Visitors ' Center closes, at 5 : 00 p . m . Ms . Langhans wondered when the lighting would be in place . Mr . Brewer responded that the lights would be in place by July 31 , 1990 . Mr . Fernandez stated that , at the present time , the entrance and exit signs are not lighted , but that issue would be looked into by Mr . Brewer , Town Planner Susan Beeners stated that this is the first time that she and Acting Town Engineer Erik Whitney have seen the plan . Ms . Beeners indicated that , initially , the plan appears to cover the landscape areas that were discussed at the last meeting . Ms . Beeners stated that she assumed asphalt pavement , within the parking lot , was still being talked about , adding that she thought that should be added to the plan . Ms . Beeners commented that , per the conversation last week , she does not see a submission of a timber edging detail . Ms . Beeners recommended that either the matter be adjourned until a staff recommendation could be made , or that the Planning Board approve this modified site plan conditional upon final approval of the site plan by • the Town Engineering and Planning Departments , and to include such items as : a submission of the timber edging detail , the relabelling of the plan indicating that there will be asphalt pavement in the parking area , and that all improvements are to be completed by July 31 , 1990 . Ms . Beeners noted that it seems a shame that the spruce trees that are in the island in the middle of the parking lot , as well as what deciduous vegetation there is on Route 13 , do obscure the Tower . Ms . Beeners said that the spruce trees are pretty healthy right now , but in the long - run , maybe they should be replaced with something that would be a little smaller . Acting Town Engineer Erik Whitney , commenting on the drainage in the northwest corner , stated that there should be some minor technical revisions , as the drainage goes across the property of Frank Signorelli . Mr . Fernandez agreed with Mr . Whitney . There appearing to be no further discussion , Chairperson Grigorov asked if anyone were prepared to make a motion . MOTION by Dr . William Lesser , seconded by Mr . Robert Kenerson : RESOLVED , that the Town of Ithaca Planning Board approve and hereby does approve the modifications to the previously approved site plan for the Tompkins County Chamber of Commerce , as such have been presented to and reviewed by the Board this date , December 19 , 1989 , being drawing entitled " Tompkins County Chamber of Commerce - - Site • Plan - - Drainage and Paving Plan " , undated , prepared by Cayuga Landscape Co . , and documents pertaining to signage and lighting , contingent upon the following : Planning Board - 4 - December 19 , 1989 • 10 the approval of the Town Planning and Engineering Departments , with consideration to be given to the lighting of the entry and exit signs , detail of the timber , and asphalt , noting that the parking lot is to be covered with asphalt , and 2 * the submission of a site plan showing such details as the Town Planner and the Town Engineer deem necessary , to include , but not be limited to , the asphalt , the edging on the timber , the lighting arrangements , landscaping , and drainage . There being no further discussion , the Chair called for a vote . Aye - Grigorov , Langhans , Baker , May , Ken erson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . Chairperson Grigorov declared the matter of the Tompkins County Chamber of Commerce modified site plan approval duly closed at 8 : 05 Pam * PUBLIC HEARING : CONSIDERATION OF RECOMMENDATIONS TO THE TOWN BOARD WITH RESPECT TO : PROPOSED LOCAL LAW AMENDING THE ZONING ORDINANCE DEFINITION OF HEIGHT ; PROPOSED LOCAL LAW AMENDING THE ZONING ORDINANCE RELATIVE TO THE • OCCUPANCY OF TWO - FAMILY DWELLING UNITS . ^ � 1 Chairperson Grigorov declared the Public Hearing in the above - noted matter duly opened at 8 : 06 p . m . and read aloud the Notice of Public Hearings as posted and published and as noted above . Attorney Barney stated that the two - family definition was an effort to make absolutely clear that no more than one - family will occupy each unit of a two - family house , adding , the Town Zoning Ordinance presently states that a two - family dwelling shall be occupied by not more than two families . Chairperson Grigorov noted that this was a Public Hearing and asked if there were anyone from the public who had any comments or questions . Mr . Tammo Steenhuis , of 266 Pennsylvania Avenue , addressed the Board and wondered how many people can live in a two - family dwelling . Attorney Barney responded that there is no absolute limit if everyone is blood related , commenting that there is no stated limit in the Ordinance for the traditional family . Attorney Barney said that with unrelated people there can be up to four - two in each unit without meeting any additional requirements . Attorney Barney said that if there are more than two people unrelated in a unit they must then establish , in a proceeding before the ZBA , that they are living together as a single housekeeping unit . Robert Cot ts , of 115 Northview Road , spoke from the floor and asked what was involved in establishing a group of people as being a Planning Board - 5 - December 19 , 1989 • family unit . Attorney Barney answered that that is language that is lifted , almost verbatim , out of a Court of Appeals case , which struck down a statute which limited the number of unrelated people that could live together as a family . There appearing to be no one else from the public who wished to speak to this matter , Chairperson Grigorov closed the Public Hearing regarding the occupancy of two - family dwelling units and brought the matter back to the Board for discussion . There appearing to be no further discussion from the Board , Chairperson Grigorov asked if anyone were prepared to offer a motion . MOTION by Mr . Robert Kenerson , seconded by Dr . William Lesser : RESOLVED , that the Town of Ithaca Planning Board recommend and hereby does recommend to the Town Board the adoption of Proposed Local Law No . for the year 1989 , Amending the Zoning Ordinance Relative to the Occupancy of Two - Family Dwelling Units , as proposed , and as attached hereto . [ See Exhibit # 1 for attachment . ] There being no further discussion , the Chair called for a vote . Aye - Grigorov , Langhans , Baker , May , Kenerson , Lesser , Miller . Nay - None . • The MOTION was declared to be carried unanimously . At this time , the Board proceeded to the definition of height . Attorney Barney stated that the limitations relative to height were being proposed for amendment to provide two measures to see whether a building met the limitations on height - one was an exterior measure , that is , a building in the Town of Ithaca may not exceed 30 feet from the lowest point of exterior grade . Secondly , Attorney Barney said that because grade is something that can shift a little bit , or maybe a whole lot , a measurement from the interior was introduced , which basically says that a building cannot exceed 34 feet in height as measured from the lowest floor of a building - - whether that is a floor in a basement , floor in a crawlspace , or a floor in a cellar - - to the top of the roof . Attorney Barney said that it was found that a steeply pitched roof , two - story house , cannot , under the above definitions , have a cellar , because when one adds the 8 ' - 10 ' one gets with a cellar to the number of feet for the two stories , plus the fairly steeply pitch roof , the interior dimension is exceeded , adding that this has caused a couple of applications before the ZBA for variances from the requirement , and it has also probably caused a number of traditional colonial style homes ( two - story ) into non - conforming ' status , which means that when one wants to add on to their homes they have to seek • approval from the ZBA , because they are altering an existing non - conforming use . Planning Board - 6 - December 19 , 1989 • Continuing , Attorney Barney stated that , as a result , an amendment or modification has been suggested to the Zoning Ordinance which would alter the interior limitation from 34 feet to 38 feet , when one is measuring from a cellar floor . Attorney Barney said that the definitions initially proposed were the New York State Uniform Fire Prevention and Building Code for cellar and basement . Attorney Barney noted that the definition of a " basement " is that space of a building that is partly below grade which has more than half of its height , measured from floor to ceiling , above the average finished grade of the ground adjoining the building , and the definition of a " cellar " is that space of a building that is partly or entirely below grade , which has more than half of its height , measured from floor to ceiling , below the average finished grade of the ground adjoining the building . Attorney Barney stated that the modification suggested is that four feet be added to the height maximum on the interior measurement , if a building has a cellar . Attorney Barney offered that under Building Code requirement , a cellar is not a habitable space , one cannot sleep in a cellar , but one can sleep in a basement if it is more than 50 % above grade . Town Planner Susan Beeners mentioned the question of controlling fill when houses are being constructed . Chairperson Grigorov noted that this was a Public Hearing and asked if anyone present had any questions or comments . • Harrison Rue , of 564 Elm St . Ext . , spoke from the floor and referred to the control of fill . Mr . Rue stated that he - did not think the Planning Board saw the diagram of the particular building that Chase Pond has asked for variances for . Mr . Rue said that the building is actually 28 . 8 feet above grade as measured . Mr . Rue said that the building meets the exterior dimension of 30 feet , and the developer is simply asking to be able to put a basement under any one of those buildings that is appropriate . Mr . Rue commented that there are rock conditions on site , but in those cases crawlspaces are being used . Elliott Lauderdale , of 381 Stone Quarry Road , approached the Board from the floor and spoke about the different styles of homes with pitched roofs . There appearing to be no one else from the public who wished to speak to this matter , Chairperson Grigorov closed the Public Hearing at 8 : 30 p . m . and brought the matter back to the Board for discussion . There appearing to be no further discussion , Chairperson Grigorov asked if anyone were prepared to make a motion . MOTION by Mrs . Virginia Langhans , seconded by Mr . James Baker : RESOLVED , that the Town of Ithaca Planning Board recommend and hereby does recommend to the Town Board that the matter of the proposed definitions of height , basement , and cellar be referred to a reconstituted Codes and Ordinances Committee for study of how to Planning Board - 7 - December 19 , 1989 • provide for an adequate height . limitation with respect to houses with steeply pitched roofs , and the related question of controlling fill to avoid abuse . There being no further discussion , the Chair called for a vote . Aye - Grigorov , Langhans , Baker , May , Lesser , Miller . Nay - Kenerson . The MOTION was declared to be carried . Chairperson Grigory declared the matters of the Zoning Ordinance definition of height , and the Zoning Ordinance amendment relative to the occupancy of two - family dwelling units duly closed at 8 : 45 p . m . PUBLIC HEARING : CONSIDERATION OF SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF A 1 . 07 -ACRE PARCEL FROM TOWN OF ITHACA TAX PARCEL NO . 6 - 50 - 1 - 5 . 2 , 1 . 73 ACRES TOTAL , LOCATED AT 115 RICH ROAD , RESIDENCE DISTRICT R- 15 . LOUIS AND LUCILE MACERA , OWNERS ; ANNE MACERA LANPHERE , APPLICANT ; BRIAN E . LANPHERE , AGENT . Chairperson Grigorov declared the Public Hearing in the above - noted matter duly opened at 8 : 46 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . • A map was appended to the bulletin board . Mrs . Lucile Macera addressed the Board and mentioned that the word subdivision probably frightened all of her neighbors because they immediately thought of a housing development . Ms . Macera said that the issue involves slightly over one acre of her land , which is at the rear of the existing house . Ms . Macera noted that there is no access from Rich Road to the proposed lot . Ms . Macera stated that she is merely asking for a variance to have the house constructed with access from Rich Road . Ms . Macera remarked that the survey map shows that all the set -back requirements can be met , adding that one house is proposed to be constructed on the lot . Chairperson Grigorov noted that this was a Public Hearing and asked if anyone from the public wished to comment . John Hanrahan , of 114 Rich Road , spoke from the floor and stated that he lives directly opposite the existing driveway . Mr . Hanrahan noted that his neighborhood is zoned R - 15 . Mr . Hanrahan feels that this is a single - family residential street , and objects to constructing a house in the back of an existing lot and allowing houses to be behind each other . Mr . Hanrahan is concerned about the area becoming multi - family . Mr . Hanrahan felt that the possibility exists for eight college students to inhabit one house on one lot . Mr . Hanrahan noted that a previous variance had been granted on the lot in question . Ms . Macera responded that the previous variance was • for an addition of five feet on an apartment which is attached to their house . Planning Board - 8 - December 19 , 1989 • Gregory Menzenski , of 126 Rich Road , spoke from the floor and stated that he was opposed to the subdivision approval on the following grounds : 1 . The approval of the request would change the very character of the neighborhood , adding that it is a family neighborhood . 2 . R - 15 zoning exists to control the type of dwellings that are built in the area and to maintain property values . Based on the resulting potential density if the subdivision were approved , there , essentially , would be an island of multi - family or city zoning that would exist within the R- 15 area . Assistant Town Planner George Frantz stated that the R- 15 zone does allow two - family homes , adding , all the other lots on Rich Road are allowed to have a two - family home . Mrs . Ann Mersen , of 123 Rich Road , approached the Board and stated that Rich Road is a very short , quiet , dead- end street , and consists of only eight residents . Ms . Mersen feels that the area should be maintained as it now exists . Gerald Sincock , of 122 Rich Road , addressed the Board and stated that he objected to another building on the site . • Cheryl Larkin , of 111 Rich Road , spoke from the floor and stated that when the house in question is built she will not have any privacy , as it will be in her backyard . Robin Welch , of 118 Rich Road , spoke from the floor and voiced her objection to the subdivision approval . Jan Asendorf , of 114 Rich Road , addressed the Board and wondered about the 100 ' requirement if 15 feet is only needed for emergency vehicles . Mr . Frantz replied that that is presumed according to the State . Attorney Barney responded that Section 280a of the Town Law prohibits construction of buildings except on platted roads or public roads , except , where there are practical difficulties and unnecessary hardship , the ZBA can authorize a building permit for construction off a platted road , if there is access to the area where the construction is going to occur . Sally Sincock , of 122 Rich Road , approached the Board and asked if the Macera request does get passed , can it get passed with a very strict rule that it cannot be subdivided again . There appearing to be no one else from the public who wished to speak to this matter , Chairperson Grigorov closed the Public Hearing at 9 : 26 p . m . and brought the matter back to the Board for discussion . • Town Planner Susan Beeners stated that it should be noted that the involved land (Macera properties ) is the last and only land that Planning Board - 9 - December 19 , 1989 • is not owned by Ithaca College . Ms . Beeners offered that to secure a frontage variance it would be , her understanding that either hardship or practical difficulty would have to . be shown , but not both , in an area variance , compared to a use variance . There appearing to be no further discussion or comments from the Board , Chairperson Grigorov asked if anyone were prepared to offer a motion . MOTION by Mr . Robert Miller , seconded by Mr . Robert Kenerson : WHEREAS : 1 . This action is the Consideration of Subdivision Approval for the proposed subdivision of a 1 . 07 - acre parcel from Town of Ithaca Tax Parcel No . 6 - 50 - 1 - 5 . 2 , 1 . 73 acres total , located at 115 Rich Road , Residence District R- 15 , 2 . This is a Type II action requiring no further environmental review . 3 . The Planning Board , at Public Hearing on December 19 , 1989 , has reviewed the proposed subdivision plat and other application materials . • THEREFORE , IT IS RESOLVED : That the Planning Board grant and hereby does grant Final Subdivision Approval to the proposed subdivision as presented , subject to the following conditions . 1 . The grant of variance or other approval by the Zoning Board of Appeals with respect to frontage requirements and construction of a building off of a public road . 2 . That any construction occur at least 70 feet southeasterly of the northwesterly line , 15 feet from the southwesterly line , 30 feet from the southeasterly line , and 15 feet from the northeasterly line . 3 . That any occupancy of any building constructed on the proposed lot be limited to no more than one family . 4 . That there be no further subdivision of said proposed lot . There being no further discussion , the Chair called for a vote . Aye - Grigorov , Langhans , Baker , May , Kenerson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . • Chairperson Grigorov declared the matter of the Macera / Lanphere 1 - Lot Subdivision duly closed at 9 : 45 p . m . Planning Board - 10 - December 19 , 1989 • PUBLIC HEARING : CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR THE PROPOSED " K DIKE MANOR " SUBDIVISION , PROPOSED TO CONSIST OF 12 BUILDING LOTS PLUS OPEN SPACE , ON TOWN OF ITHACA TAX PARCELS N0 . 6 - 53 - 1 - 17 . 11 - 17 . 2 , AND - 10 , 8 . 23 ACRES TOTAL , LOCATED ON CODDINGTON ROAD NEAR JUNIPER DRIVE , RESIDENCE DISTRICT R - 15 , SAID SUBDIVISION HAVING BEEN GRANTED PRELIMINARY SUBDIVISION APPROVAL BY THE PLANNING BOARD ON JULY 19 , 1988 . ORLANDO IACOVELLI , OWNER / DEVELOPER , Chairperson Grigorov declared the Public Hearing in the above - noted matter duly opened at 9 : 49 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Maps were appended to the bulletin board . Mr . Lawrence Fabbroni , Engineer for the project , addressed the Board and stated that the Planning Board had granted Preliminary Approval on July 19 , 1988 , and the approval by the Planning Board asked the developer to provide for the extension to what is now the Sincebaugh land . Mr . Fabbroni said that the road right of way has been extended to the Sin cebaugh lands with a temporary cul - de - sac . Mr . Fabbroni stated that the road configuration is identical to the one the Planning Board approved on July 19 , 1988 . Mr . Fabbroni noted that the Town Board had directed the developer to look at alternatives between , basically , a corridor that would take into account an alternative that the Planning Board had looked at several • times . Mr . Fabbroni stated that he felt the intersection of Collegeview Lane downhill from Spruce Way is a better alternative to access the developer ' s property . Mr . Fabbroni offered that the area to be subdivided has been a meadow and brushlike hillside for the past decade . Mr . Fabbroni said that all sewer mains are gravity sewers . Mr . Fabronni said that all watermains are eight inch ductile iron pipe . Mr . Fabronni stated that all the road systems are designed to Town of Ithaca Subdivision Regulations and the Town of Ithaca Highway Specifications . Mr . Fabbroni noted that all drainage considerations include a design for a 25 -year flood reoccurance interval . Chairperson Grigorov noted that this was a Public Hearing and asked if there were anyone from the public who had any comments or questions . Kinga Gergely , of 106 Juniper Drive , spoke from the floor and pointed out that Mr . Fabbroni missed the point completely when the Juniper Drive Neighborhood Association asked that the Spruce Way intersection be considered . Ms . Gergely stated that the JDNA is greatly concerned about the safety of that intersection , density , and the lack ' of buffering . • George Kugler , of 101 Pine View Ter race , addressed the Board and voiced his objection to the intersection plan . Planning Board - 11 - December 19 , 1989 • Fred Wilcox III , of 109 Juniper Drive , approached the Board and stated that he was concerned about density . Robert Cotts , of 115 Northview Road , appeared before the Board and noted that the Town Board preferred the Spruce Way intersection . Mr . Cotts asked about parkland . Mr . Fabbroni responded that the total parkland is . 826 acres . Ron Simpson , of 112 Pineview Place , spoke from the floor and stated that he thought one of the important issues about the project was the visual impact of the development . Mr . Simpson expressed a concern about security lighting . Mr . Simpson said that he felt all of the properties that the Iacovellis have developed all look alike , and would like some condition that the developer agree to architectural variation . Mr . Simpson stated that he felt the Town needs an Architectural Review Board . Mr . Simpson mentioned putting laundry facilities in the back of the houses . Mr . Simpson also mentioned that there should be a minimal impact on the mature trees at the northern end of the property . Leslie Smith - Darling , of 111 Pine View Terrace , addressed the Board and stated that she has a safety . concern regarding the site distance at the intersection . Board member May stated that he believed the prior Town Engineer , • Robert Flumerfelt , confirmed the site distance at the intersection . At this point , William Lesser stated that he remembered quite distinctly that Mr . Flumerfelt had confirmed the site distance . There appearing to be no one else from the public who wished to speak to this matter , Chairperson Grigorov closed the Public Hearing at 11 : 25 p . m . and brought the matter back to the Board for discussion . There appearing to be no further discussion or comments from the Board , Chairperson Grigorov asked if anyone were prepared to offer a motion . MOTION by Mrs . Virginia Langhans , seconded by Mr . Montgomery May : WHEREAS : 1 . This action is the Consideration of Final Subdivision Approval for the proposed " Klondike Manor " Subdivision , _ proposed to consist of 12 building lots plus open space , on Town of Ithaca Tax Parcels No . 6 - 53 - 1 - 17 . 1 , - 17 . 2 , and - 10 , 8 . 23 acres total , located on Coddington Road near Juniper Drive , Residence District R- 15 . 2 . This is an Unlisted action for which the Planning Board , acting as Lead Agency for environmental review , on July 19 , 1988 , made a • negative determination of environmental significance , and granted Preliminary Subdivision Approval to the plat as then presented , with certain conditions . Planning Board - 12 - December 19 , 1989 • 3 . The Town Board , on August 8 , 1988 , accepted the proposed street alignment and open space dedication shown on the preliminary plat dated July 6 , 1988 , subject to certain conditions , following their review of the July 19 , 1988 Preliminary Plat Approval , and their review of a request , dated August 5 , 1988 , from the Juniper Drive Neighborhood Association , for consideration of further plat alternatives . 4 . The Planning Board , at Public Hearing on December 19 , 1989 , has reviewed , among other items , the proposed Final Plat application , the record of the August 8 , 1988 Town Board meeting , and the record of alternative plats for the site . THEREFORE , IT IS RESOLVED : That the Planning Board grant and hereby does grant Final Subdivision Approval to the proposed " Klondike Manor " Subdivision , as shown on " Final Subdivision Plat , Klondike Manor " , dated January 9 , 1989 , revised November 9 , 1989 , and December 18 , 1989 , subject to the following conditions . 1 . Construction of a minimum 8 - foot- wide paved , or oil and stone , path driveway to the 0 . 3 - acre park site within the access strip along the south edge of Lot 8 , except as the location may be modified , prior to construction , upon recommendation by the Town Planning Department and upon approval of the Planning Board and Town Board , 2 . If the lot reserved by the developer for future use is not consolidated within five years with another parcel so as to make the consolidated lot a legal - sized R - 15 lot , said lot shall be conveyed to the Town of Ithaca and added to the area reserved for park and playground purposes . 3 . Deed restrictions , subject to the approval of the Town Attorney and Town Planner , shall be recorded , at the expense of the developer , which restrictions will require : a . that no principal building be constructed on Lots 3 - 7 within 50 feet of the south line of the lots , and be that there will be no construction of any nature in the most southerly 20 feet of said lots and no vegetation shall be removed within such 20 - foot buffer . 4 . The proposed hedgerow planting along the north edge of the proposed road , as shown on the plat , shall be increased by a second row of viburnums , or equivalent , from Coddington Road to a distance of approximately 20 feet east of the structures on the Gray property , subject to the approval of the Town Planner . • 5 . The name of the road be changed to Klondike Lane . Planning Board - 13 - December 19 , 1989 • 6 . A revised plat , showing the aforesaid change of road name , setbacks , and planting buffers be provided for final signature by 11 the Planning Board Chairperson . There being no further discussion , the Chair called for a vote . Aye - Grigorov , Langhans , Baker , May , Kenerson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . Chairperson Grigorov declared the matter of the " Klondike Manor " Final Subdivision Approval for 12 building lots plus open space duly closed at 11 : 30 SKETCH PLAN REVIEW : PROPOSED " SHALEBROOK " SUBDIVISION , PROPOSED TO CONSIST OF APPROXIMATELY SIX STAGES WITH STAGE 1 PROPOSED TO CONSIST OF 23 LOTS PLUS'',; OPEN SPACE ON 29 ± ACRES , 1138 TRUMANSBURG ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 27 - 1 - 11 . 2 , 152 ± ACRES TOTAL , RESIDENCE DISTRICT R- 15 . RICHARD AND JO PERRY , OWNERS ; THOMAS NIEDERKORN , AGENT . At this time , Thomas Niederkorn requested that because of the late hour he would like the above - noted matter adjourned to another time . • It was the consensus of the Board that the proposed Shalebrook Subdivision matter be adjourned until January 9 , 1989 at 7 : 30 p . m . Chairperson Grigorov declared the Shalebrook Subdivision matter duly adjourned at 11 : 34 p . m . AGENDA ITEM : OTHER BUSINESS Town Planner Susan Beeners stated that other business included approving the proposed Schedule of 1990 Planning Board Meetings . MOTION by William Lesser , seconded by Robert Miller : RESOLVED , that the Town of Ithaca Planning Board approve and hereby does approve the schedule of Planning Board meetings for 1990 . There being no further discussion , the Chair called for a vote . Aye - Grigorov , Langhans , Baker , May , Ken erson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . At this time , Chairperson Grigorov read aloud a letter addressed to her from Montgomery May , dated December 18 , 1989 , in which Mr . May • stated that he would resign his position on the Planning Board effective December 31 , 1989 . Planning Board - 14 - December 19 , 1989 • RE -APPOINTMENT OF PLANNING BOARD CHAIRPERSON MOTION by Mrs . Virginia Langhans , seconded by Mr . Robert Miller : RESOLVED , that the Town of Ithaca Planning Board recommend and hereby does recommend to the Town Board the re - appointment of Mrs . Carolyn Grigorov as Chairperson of the Planning Board for the year 1990 . There being no further discussion , the Chair called for a vote . Aye - Grigorov , Langhans , Baker , May , Kenerson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . ELECTION OF PLANNING BOARD VICE CHAIRPERSON MOTION by Dr . William Lesser , seconded by Mr . Robert Miller : RESOLVED , that the Town of Ithaca Planning Board elect and hereby does elect Mr . Robert Kenerson as its Vice Chairperson for the year 1990 . There being no further discussion , the Chair called for a vote . • Aye - Grigorov , Langhans , Baker , May , Lesser , Miller . Nay - None . Abstain - Kenerson . The MOTION was declared to be carried . APPROVAL OF MINUTES - October 24 , 1989 MOTION by Robert Kenerson , seconded by James Baker : RESOLVED , that the Minutes of the Town of Ithaca Planning Board Meeting of October 24 , 1989 , be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - Grigorov , Langhans , Baker , May , Lesser , Miller , Kenerson , Nay - None . The MOTION was declared to be carried unanimously . AGENDA ITEM : PRESENTATION OF " INLET VALLEY CORRIDOR STUDY - - PLANNING ASPECTS AND DESIGN GUIDELINES " , BY CORNELL UNIVERSITY CITY AND REGIONAL PLANNING INTERNS LAURA WALSH AND KEVIN QUIST . • Chairperson Grigorov opened the presentation on the above - noted item at 11 : 45 p . m . • • 1 Planning Board - 15 - December 19 , 1989 • Maps were appended to the bulletin board . Town Planner Susan Beeners introduced Laura Walsh and Kevin Quist , City and Regional Planning Interns . Ms . Walsh stated that the study was developed with the idea that it would be included in the Comprehensive Plan , Kevin Quist addressed the Board and began with a description of the goals and objectives . Ms . Walsh said that the major goal was to provide a set of guidelines for development along the Route 13 corridor , and because there are water / sewer lines going in it is necessary to accommodate new development pressures with more stringent site plan review and more stringent land use controls . Ms . Walsh , referring to the objectives , stated that she thought it was important to provide a means of efficient and socially - conscious development along the corridor strip . Ms . Walsh commented that they want to concentrate development along this road in Ithaca so that argicultural and open space land can be preserved in other areas of the Town . Ms . Walsh said that they also want to encourage aesthetically pleasing development and development that will blend with historic beauty , historic character and the natural beauty of the area . Ms . Walsh stated that she thought it was very important to control traffic • circulation along the strip so that it does not become the nightmare that the City of Ithaca strip is now . Mr . Quist stated that he and Ms . Walsh had viewed the Inlet Valley Area to see what it had to offer . Mr . Quist said that first of all there is Route 13 ; many stretches of it are beautiful , but it has some problems in that it is kind of a main State Highway , adding , to mix those two things is kind of difficult . Indicating on the map , Mr . Quist pointed out the service area of the water / sewer lines . Mr . Quist noted that the Route 13 corridor in the Town of Ithaca is capped on each end by a NYS Park ; Buttermilk Falls State Park to the north and Robert Treman State Park to the south . Ms . Walsh said that a lot of the houses along the route have very shallow set -backs , and they are vulnerable to the noise and the fumes generated by Route 13 , commenting that there are some large farmhouses and some houses on large lots , adding that this is a less than ideal environment for residential uses . Ms . Walsh stated that the report proposes a change in the zoning to mostly commercial . Ms . Walsh remarked that it would not be like Tops or Wegmans development , but professional offices and very controlled commercial development . Ms . Walsh mentioned the Cayuga Inlet Trail , in that , when constructed , the trail will provide a vital link among four of I • Ithaca ' s State Parks : Taughannock , Buttermilk Falls , Enfield , and Treman Marina . Planning Board - 16 - December 19 , 1989 • Ms . Walsh stated that the NYS Office of Parks , Recreation and Historic Preservation has recently proposed the conversion of approximately six acres of open meadow located at the intersection of Enfield Falls Road and the Elmira Road to recreational facilities . Ms . Walsh added that the changes would provide a safer , more efficiently designed park which would better meet existing demands within the Park ' s carrying capacity . Ms . Walsh commented that since the two existing park entrances will be abandoned and a new one located on Enfield Falls Road near the intersection of Route 13 , access into non - park lands adjacent to the new entrance should be carefully scrutinized . Ms . Walsh mentioned the establishment of a Conservation Overlay District on the Flood Plains and Unique Natural Areas , Ms . Walsh stated that it is not only necessary to protect development from the ravages of floods in the flood plains , but also to preserve flood plains , wetlands , and other environmentally sensitive areas . Ms . Walsh said that the establishment of overlay districts is an extremely effective way of accomplishing this , adding , the overlay district would be placed on top of the existing or future zoning , on flood plains , wetlands , and other important natural areas . Ms . Walsh said that along with the flood plain area , all the areas that have been designated Unique Natural Areas by the Tompkins County Environmental Management Council are also suggested to be covered by such an overlay . • Mr . Quist said that after analyzing the current situation and the market forces , and the Unique Natural Areas involved , they came up with a proposed new Land Use Plan . Mr . Quist stated that they thought with the new development pressures that will be spurred on by the Ithaca area urban growth , and the water / sewer mains , perhaps this would be the best area in the Town to concentrate commercial development . Mr . Quist suggested in the report that the area back behind Route 13 between Seven Mile and Five Mile Drives [ indicating on map ] be rezoned as Light Industrial ; the area in the " red " is commercial land ; the area " here " would be an R- 15 zone which would be lower density , residential land . Continuing , Mr . Quist noted that the large " orange " area is proposed to be a mixed residential and commercial zone , where clustering concepts can be used to avoid the extremely sensitive environmental areas . Mr . Quist also stated that he proposes the adoption of a new site plan review ordinance . Mr . Quist offered that the basic idea of the new ordinance would encompass more of the new development in the area . Town Planner Susan Beeners suggested that the Board take the presented report into consideration as one of the things that has to • be looked at in the comprehensive planning process . It was the consensus of the Board that Ms . Beener ' s suggestion be met . Planning Board - 17 - December 19 , 1989 • ADJOURNMENT Upon Motion , Chairperson Grigorov declared the December 19 , 1989 , meeting of the Town of Ithaca Planning Board duly adjourned at 12 : 15 a . m . Respectfully submitted , Mary Bryant , Recording Secretary , Nancy M . Fuller , Secretary , Town of Ithaca Planning Board . • • TOWN OF ITHACA • LOCAL LAW N0 . FOR THE YEAR 1989 AMENDING THE ZONING ORDINANCE RELATIVE TO THE OCCUPANCY OF TWO - FAMILY DWELLING UNITS BE IT ENACTED by the Town Hoard of the Town of Ithaca as follows : Section i . The Zoning Ordinance of the Town of Ithaca as re-adopted , amended and revised , effective February 26 , 1968 , and subsequently amended , be further amended as follows . 1 . Article I , Section 1 , Subdivision 6 is amended to read as follows : " A ` dwelling ' is a building designed or used exclusively as the living quarters for one or more families . " 2 . Article I , Section 1 , Subdivision 7 is amended to read as follows : " A ` dwelling unit ' is a dwelling , or portion of a dwelling , providing complete living facilities for one family . " 3 . Article III , Section 4 , Subdivision 2 ( a ) is amended to read as . follows . • 112 ( a ) A two- family dwelling shall be occupied by not more than two families and each dwelling unit in a two - family dwelling shall be occupied by not .more than one family . " 4 . Article IV , Section 11 , Subdivision 2 ( a ) is amended to read as follows . " 2 ( a ) A two- family dwelling shall be occupied by not more than two families and each dwelling unit in a two - family dwelling shall be occupied by not more than one family . " 5 . Article V , Section 18 , Subdivision 2 ( a ) is amended to read as follows ; " 2 ( a ) A two- family dwelling shall be occupied by not more than two families and each dwelling unit in a two - family dwelling shall be occupied by not more than one family . " Section 2 . In the -event any portion of this law is declared invalid by a court of competent jurisdiction , the validity of the remaining portions shall not be . affected by such - declaration of invalidity . Section 1 . This local law shall take effect ten days after its publication pursuant to applicable provisions of law . AFFIDAVIT OF PUBLICA TION Im ITHACAJOURNAL State of New York, Tompkins County , ss. : Gail Sullins being duly sworn , deposes and says , that she/he resides in Ithaca , county and state aforesaid and that she/he is Clerk of The Ithaca Journal a public newspaper printed and published in Ithaca aforesaid , and that a notice , of which the annexed is a true copy , was published in said paper and that the first publication of said notice was on the �( day of 19 — Subscribed and savor tobeffirerne this f day of 19 TOWN OF " ITHACA . PLANNING BOARD Notary Public . NOTICE OF PUBLIC HEARINGS TUESDAY, DECEMBER '19, 1989 By direction 'of 'the"Chairman. JEAN FORD of the Planning Board, NOTICE J Nota {�l11IS . HEREBY_ GIVEN, that Public ry Cr Strife the of Nei, yore PlanniHearinng Board of the Towill be held wn at' No. 4654410 Ithaca on . Tuesday, December r 19, .1989, in Town Hall , 126 CQU81111eCl In Tompkins County N. Y . , Satnthe followingeca timesmmlSSlon expires Ma / and on the following matters: Y 31, 19 „ 7 : 30 9 P. M. Consideration of Approval 'of ' a Modified Site Plan for the Tompkins County Chamber of Commerce, lo- cated at 904 East Shore Drive , Town of Ithaca Tax Parcels No. 6- 18-2-8, ,'-9, and - 10 (Special Land Use District No. 5), with such Modification proposed to include pavement, landscape, and curbing revisions. Tomp- kins County Chamber of Com- merce , ' Owner/Applicdnt . (Adjourned from November 21 , 1989. ) 7 : 40 P. M. Consideration o' • Recommendations to the 1 . 07-acne parcel from Town of consist of 12 building 'lots plus Said Planning Board will or Town Board with respect to : Ithaca Tax Parcel, No. 6;50. 1 - open space, on Town of Ithaca said times and said place hear Proposed Local Low Amending 5. 2, 1 . 73 acres total , located Tax Parcels No.. 6-53- 1 . 17. 1 , - all persons in support of such the Zoning Ordinance Defi- at 115 Rich Rood, Residence 17. 2, and - 10, 8. 23 acres total , matters or objections thereto. nition of Height; Proposed Lo- District. R-30. Louis and Lucile located on Coddington Rood Persons may appear by agent cal Law Amending -the Zoning' Macero, Owners ; Anne Mace- ' nea7 Juniper Drive; Residence or in person . - Ordinance Relative to the Oc- ro Lonphere, Applicant; Brion District R- 15, said •Subdivisior Jean H. Swartwood cupancy of Two-Fomily Dwell - E. Lanphere, Agent. ' having been 'granted Prelimi Town Clerk ing Units. 8:00 P. M. Consideration of Fi- . nary Subdivision Approval by 273- 1721 7 : 50 P. M. Consideration of nal Subdivision Approval for the Planning Board on Jul yy 19, - December 14, 1989 Subdivision Approval for the the proposed "Klondike Man' 1988. Orlando Iacovelli , Own- proposed Subdivision of a or" Subdivision , proposed to er/Develope'r.. .'c-Wd.. , .,r...-„• '` ' '