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HomeMy WebLinkAboutPB Minutes 1991-03-05• • 9 TOWN OF ITHACA PLANNING BOARD MARCH 5, 1991 ALED TOWN OF ITHACA The Town of Ithaca Planning Board met in regular session on Tuesday, March 5, 1991, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, Virginia Langhans, Stephen Smith, Judith Aronson, Eva Hoffmann, George R. Frantz (Acting Town Planner), Daniel R. Walker (Town Engineer), John C. Barney (Town Attorney), Nancy Fuller (Planning Board Secretary). ALSO PRESENT: Annabelle Manning, Ken Baldassarre, William Seldin, Esq., James Rogan, Richard H. Mandl, Joan Reuning, Alan Wood, R.A. Boehlecke Jr., Ron Knewstub, Sanford Reuning, Jerry Weisburd. Chairperson Grigorov declared the meeting duly opened at 7 :37 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 February 25, 1991, and February 28, 19911F respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties under discussion, upon the Tompkins County Commissioner of Planning, and upon the applicants and /or agents, as appropriate, on February 25, 1991. 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. PERSONS TO BE HEARD. Annabelle Manning spoke from the floor and stated that she wished to have a chicken barbecue stand on Route 13 at 711 Elmira Road, down where they used to have maple syrup. Chairperson Grigorov stated that it was kind of up, actually. Ms. Manning stated that the barbecue would be in operation on weekends and holiday weekends, commenting that sometimes there may be three- or four -day weekends. Ms. Manning offered that she would begin cooking the chicken about 9 :00 a.m. or 9:30 a.m. and, hopefully, the first chicken would be ready about 11:00 a.m.; then the operation would shut down before it got dark, maybe like 6 :00 p.m. or 7 :00 p.m., if there was a concern about lighting. Ms. Manning said that they want to make the pit about 30 -40 feet in length. Ms. Manning, referring to smoke, noted that to take care of the smoke there would have to be at least one or possibly two exhaust fans, with Mr. Baldassarre adding, overhead exhaust. Chairperson Grigorov wondered what happened and asked if it blew back away from the road. Ms. Manning replied that it would filter it; put filters in it and it would pull it ,up. Mr. Baldassarre said that there would be some smoke. Ms. Manning said that it does have a roof over it; the building that is there has a Planning Board (2) March 5, 1991 roof over the top of that. Chairperson Grigorov wondered if it would be where they used to store the maple syrup. Mr. Baldassarre responded, yes, right where they boiled the syrup. Ms. Manning said the location is probably 500 feet, going out of Town on the left; that is where they boiled the maple syrup. Acting Town Planner George Frantz said that there is a farm there, and there is a white shed -like building in front of the farm. Chairperson Grigorov wondered how far the operation would be from the road. Ms. Manning said that it is back about 60 feet off the road; this isn't true because they have not measured it, but they have walked it off, so they figure that is the distance. Ms. Manning stated that it would be all carry -outs, and they would have probably a 60 X 80 -foot parking area, because it sits at least 60 feet off the road. Mr. Kenerson wondered if it was a circle. Mr. Baldassarre answered, yes. Mr. Kenerson said that the building looks like it is just a roof. Ms. Manning said that part of the building is closed in. Mr. Baldassarre said that he would put in more exhaust fans as needed; if two can't take care of it he would add another one to it to help. Chairperson Grigorov wondered if someone was living in the house there that might be disturbed. Mr. Baldassarre stated that he has not talked to them yet; he did not know what was going to happen at tonight's meeting. Mr. Kenerson wondered if there was anything behind the building. Ms. Manning responded that there is a big barn. Chairperson Grigorov noted that there is a lot of land around its Ms. Langhans wondered how close it is to the house. Mr. • Baldassarre answered, about 70 -80 feet south from the house. Ms. Langhans asked about the prevailing winds. Mr. Kenerson-said the winds are northwest. Ms. Manning stated that they thought probably the fans with the filters in them would take care of the smoke, being down on the ground. Mr. Baldassarre said that they want to make chicken, ribs, salt potatoes, and baked potatoes; that would be the menu, adding that he does not want to get more than they can handle. Mr. Kenerson wondered if the operation would be open Fridays, Saturdays, and Sundays. Mr. Baldassarre replied, Saturdays and Sundays mostly, adding, if it is a holiday it would be Friday. Ms. Langhans wondered how may cars Mr. Baldassarre thought he could accommodate at one time. Mr. Baldassarre responded, 10 -15 cars easy. Ms. Langhans wondered if it would just be pick -up as there would not be any place for them to sit down. Mr. Baldassarre stated that somebody suggested a couple of picnic tables, but if that is the case it would probably be from behind it or way off to the side, adding that he would not have more than two picnic tables; he never even thought about it, but somebody said it was an idea, but they have not really discussed it, and before they do they would seek the Planning Board's thoughts on it. Mr. Kenerson wondered about the signage. Mr. Baldassarre stated that he would rent a sign on wheels which would have an arrow pointing to the stand, and it would be about 4 feet by 5 feet, commenting that he would rent the sign for a certain period of time until they get well known; then they thought they would try and set some down the road, like down by Eddydale's to • the south, and up the road the other way off the side of the road. Mr. Baldassarre said the signs would be taken down at night and put back up the next day. Ms. Hoffmann wondered if there would be a Planning Board (3) March 5, 1991 driveway that comes in and circles around. Mr. Baldassarre answered, yes, cars would not have to back out. Ms. Manning said that it would be real easy to pull straight back out. Mr. Baldassrre said that he would like to lease, with the option to buy, to see how things go. Chairperson Grigorov noted that the applicant would be leasing a certain amount of land there. Mr. Baldassarre stated that he would be leasing from Mr. Alfred Eddy of Eddydale Farm, Mr. Baldassarre stated that there is no other use there now. Chairperson Grigorov noted that the site is in a commercial zone. Robert Kenerson noted that it is a Business "C" zone. Chairperson Grigorov stated that the use is a legal use, adding that the Board is not granting site plan approval now, but just getting an idea whether or not anyone objects. Mr. Baldassarre said that they want to get a feel of what they can do themselves. Chairperson Grigorov brought up the fact that it should be noted whether there is anybody around that might be bothered by the proposal. Ms. Langhans said that there are residences around. Chairperson Grigorov wondered if there was just that one house there, or if there are any other houses nearby. Mr. Baldassarre offered that there is the Wonderland Motel on the northern side of the proposed project, which is for sale. Ms. Manning mentioned that the Grayhaven Motel is also in the area. Mr. Kenerson asked about the procedure, as the applicant does not own the property. Acting Town Planner George Frantz responded that • it, essentially, would be site plan approval. Mr. Kenerson wondered if Mr. Eddy should ask for it because he is the owner. Mr. Baldassarre stated that he has been in contact with the Health Department twice, to get their ideas of what he.has to do. Ms. Manning stated that they could not do anthing until they knew what the Planning Board's concerns were, whether they should go ahead and fill the papers out to see whether they should go any farther. Chairperson Grigorov asked if anyone had any problem with the proposed stand so far. Ms. Langhans, commenting on the roadway, said that if someone comes in and decides they are going to stay and eat, wondered if it was wide enough for them to park their cars and leave them so that other cars can get around. Mr. Baldassarre responded, yes, it is a big spot. Mr. Kenerson asked Mr. Baldassarre what he planned to do about the paper goods, as to keeping it clean. Mr. Baldassarre responded that he would have trash removal and dumpsters on the site. Mr. Baldassarre stated that if Sunday was a bad day and he had chickens or ribs left over, he would, rather than have them spoil, take a day off from his job at Borg Warner and cook those chickens on Monday rather than just throw them away, commenting that he wants the Board to understand that. Mr. Baldassarre commented that if anyone sees him cooking chickens on a Monday that is the reason why. Mr. Kenerson wondered if there were any mid -week holidays that Mr. Baldassarre wanted to specifically cover, perhaps July 4th. Ms. Manning responded that that would be a long weekend • because the 4th falls on a Thursday. Mr. Baldassarre mentioned the day of Super Bowl, and twice during the Christmas season. Chairperson Grigorov wondered if it would be all winter. Mr. Planning Board (4) March 5, 1991 Baldassarre responded, no. Ms. Manning stated that they would be open between 70 -80 days per year, adding, if it was going to be more days than that they would come back before the Board. Judith Aronson asked what months they would not operate. Ms. Manning replied, probably January, and it would be mostly April. Mr. Baldassarre said that it would be one day in January. Mr. Baldassarre said that he has a list of the days he would be open, but did not have it with him. Ms. Langhans commented that Mr. Baldassarre said if he did not sell them all on Super Bowl day he would cook them the next day. Mr. Baldassarre said no, this would be during the summer months that something like that might happen. Mr. Baldassarre said that he would not order a specific amount, he would just order 600 -700 chicken halves to sell and that would just be it; it would not be an all afternoon thing like it would be during the summer. Mr. Kenerson asked about any food storage on the site. Mr. Baldassarre said that he would have a walk -in cooler on site, along with a chest freezer, and three stainless steel sinks as required by the Health Department, also there would be dusk to dawn vapor lights for security. Eva Hoffmann wondered if a special license would be needed from the Health Department. Ms. Manning stated that she was sure there would be. Ms. Manning said that one time they talked to the Health Department on the phone and they said they would come down once it got that far to see and advise them what they.had to have to pass them. Stephen Smith wondered if there were advantages to being a part =time operation versus full -time, other than the fact that the • applicant has another job. Mr. Baldassarre responded that he could be better off doing it full -time, but he did not know if the business would support him doing it full -time. Mr. Baldassarre said that he would like to do.it full -time. Mr. Smith said that maybe it should be looked at as a full -time operation, with Mr. Baldassarre commenting, that would be great. Acting Town Planner George Frantz stated that as far as any evaluation of the proposal he would look at it, basically, as a restaurant which would be open seven days per week. Chairperson Grigorov commented, as many times as they want to, yes. Mr. Baldassarre and Ms. Manning responded that that would be good; maybe if they did it full -time he would possibly cook maybe 600 -700 chicken halves during the week and that would be it. Ms. Manning wondered, with the zoning, if it were mainly the parking and the smoke. Chairperson Grigorov responded that it is whatever the Board might think of that might pose a problem. Mr. Smith wondered about the shoulder of the road in that area because he can envision people turning left. Mr. Baldassarre replied that it is right even with the road and there is no drop -off. Mr. Kenerson noted that there is access. Mr. Kenerson wondered if the Health Department considered the proposal to be a restaurant, as he was thinking of comfort facilities and that sort of thing. Mr. Baldassarre said that he was required to put a well in, commenting that he understood sewer and water would be available. Mr. Kenerson responded that that would be a while. Town Engineer Dan Walker noted • that it would be about a year before it gets there. Mr. Baldassarre stated that he would ask the Health Department if possibly he could get away with a rent -a -john until next year. Mr. Baldassarre said C Planning Board (5) March 5, 1991 • that if he had to have facilities it would be done. Eva Hoffmann stated that her main concern would be the smoke created as she has come across places like this in the past and other places in Ithaca where the odors -- even if the cooking has been done indoors and with fans etc. -- there still have been enough odors coming out and the neighbors have sued and there have been all kinds of problems, so she would be concerned about that, and especially to people who are either living in homes around there and people who are in their house on weekends when they are home and they are out in the summer, they might be very irritated by odors. Ms. Hoffmann stated that the other thing she would be concerned about, it is not so much parking, but the traffic going in and out of there because there is a lot of that already on that stretch of road. Ms. Manning said that this would not be while the factories were being let out, it would just be weekends. Ms. Langhans stated that that road is very heavily travelled with people going to the Parks. Chairperson Grigorov commented that that would be good for the chicken stand. Ms. Langhans stated that she thought Ms. Hoffmann was right in that it smells great, but if one smells it all day, every day, week after week after week, it doesn't smell so good after a while. Ms. Manning said it would not be seven days a week; it would be three. Chairperson Grigorov noted that Mr. Frantz can advise the next step as far as the Planning Board is concerned, and indicated that the applicant should get in touch with him. Mr. Frantz said that the • next step is to get the - application in and-the site plan together. Mr. Frantz, referring to Mr. Baldassarre, stated that if he had any questions to give him a call. Mr. Baldassarr-e and Ms. Manning thanked the Board. Chairperson Grigorov stated that she thought the project was a good idea. Chairperson Grigorov asked if there were any other comments. There being none, Chairperson Grigorov declared the Persons to be Heard segment of the meeting duly closed at 7:54 p.m. July 23, 19910 Chairperson Grigorov asked if there were any other comments. There being none, Chairperson Grigorov declared the Persons to be Heard segment of the meeting duly closed at 7:54 p.m. PUBLIC HEARING: CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR THREE ADDITIONAL LOTS ON LANDS OF THE INLET VALLEY LAND COOPERATIVE, INC., LOCATED AT 167 CALKINS ROAD, TOWN OF ITHACA TAX PARCEL NO. 6- 33- 1 -4.2, RESIDENCE DISTRICT R -30, AND FURTHER, MODIFICATION OF THE LOT LINES AND DIMENSIONS OF LOTS NO. 1, 41 81 AND 9 WITHIN SAID INLET VALLEY LAND COOPERATIVE, SAID LOTS BEING TOWN OF ITHACA TAX PARCELS NO. 6- 33- 1 -494, -4.7, -4.3, AND -4.11. INLET VALLEY LAND COOPERATIVE, INC., OWNER; H. ALAN WOOD, AGENT. • • • Planning Board (6) Chairperson Grigorov declared the Public above -noted matter duly opened at 7:55 p.m. and Notice of Public Hearings as posted and published Nancy Fuller distributed, to members of addressed to the Town Planning Board, March 5, 1991. Ms. Fuller also distributed the Board addressed to Mr. Larry Phill Mortgage Corporation, dated January 14, 1 hereto, respectively, as Exhibit #1 and Exhi Mr. Alan Wood presented two and Nancy Phillips had received hereto as Exhibit #3. March 5, 1991 Hearing in the read aloud from the and as noted above. the Board, from Larry a letter ips, from 991. (L bit #2.) a faxed letter Phillips, dated to members of Marine Midland etters attached receipts showing that Mr. Phillips the letter. (Receipts attached Attorney Barney, referring to the faxed letter, stated that it was not clear to him, after reading the letter, how the problem of the road running through Mr. Phillips' property is getting resolved. Attorney Barney noted that, on the one hand, Mr. Phillips seems to express some objection to it,,referring to the last paragraph on page 1, but then he indicates he is expressing appreciation in the last paragraph on page 2, about going from the cooperative to the Homeowners' Association. Attorney Barney said that that was a problem that existed before, over the issue of whether that road, the way it is laid out on the map, it kind of runs right through the Phillips property. Attorney Barney stated that he did not see a consent in the letter that it is okay, but he did not really see a strenuous objection to it either, so he was not quite sure what Mr. Phillips is trying to say. At this point, Attorney Barney said that, as to the business with the Attorney General, he disagreed with Mr. Phillips' conclusion as to the Attorney General. Attorney Barney stated that it seemed to him that the role of the Town is to satisfy itself, as to the site plan requirements, that the subdivision meets the requirements that the Town imposes on any subdivider; that it is a reasonable plan, adding that he thought that if the Town were to stand up and say we cannot allow this to happen, absent the approval of the Attorney General, then he thought the Town would be a little bit on somewhat tenuous ground. Attorney Barney said that Attorney Buyoucos did the last time, and properly so, but that involved a situation where there was a Cooperative which was a brand new concept in the Town of Ithaca at a time when, basically, the developer said there was going to be an offering plan, so to impose a condition at that time and say -- we approve the subdivision subject to getting your offering plan was doing nothing more than the subdivider, at that point in time, or the Cooperative, was saying they were going to do anyway. Attorney Barney noted that, as he understands it now, it is not the intent to go back to the Attorney General for an offering plan, commenting that he thought the problem of whether the property is salable or not salable after that offering plan is a problem that is going to involve the lot owners which already own the property anyway, or, in effect own the property through their Cooperative. Attorney Barney did not think it irresponsible for the Planning Board to proceed Planning Board (7) March 5, 1991 absent that offering plan. Attorney Barney stated that he thought Mr. Phillips sort of conceded that anyway in the 4th paragraph in his letter to the Planning Board (attached as Exhibit #1). Chairperson Grigorov wondered about the road business. Attorney Barney responded that he had a problem with the road; he did not know how subdivision can occur without the consent of the person who is having a road thrust through his property. Mr. H. Allan Wood spoke from the floor and stated that the road was already through his property from the very beginning, and Mr. Phillips consented to it at that time., Board Member Virginia Langhans commented that it pretty much says that, but it is narrower. Mr. Wood said that in actuality the road has been a little bit wider; it is the widest part of the road in the Cooperative. Mr. Wood cited a letter written by him to Mr. Larry Phillips, dated January 31, 1991, which is attached hereto as Exhibit #4. Chairperson Grigorov said that she thought Mr. Phillips does not agree that it will not have an additional impact. Mr. Wood said that the easement is for utilities; if anything that is going to improve his property. Jerry Weisburd spoke from the floor and referred to the road, stating that there has been no change from what is on the map before the Board from what is existing. Mr. Weisburd offered that it is a private road and will stay as a private road. Attorney Barney asked about a leasehold document. Mr. Wood said that the road belongs to the Cooperative. Mr. Weisburd said that it was in the whole package; Mr. Phillips has a road and has the right to maintain the road, • adding, it was there before he purchased; the road preceded the leasehold. Acting Town Planner George Frantz read aloud from the Planning Board Minutes relating to the final approval granted on July 17, 1979. Mr. Frantz read aloud to those present Condition #8. "The road shown on the final plat of the subdivision plan now before the Planning Board shall be constructed by the sponsor and shall be a minimum width of 211, of which 15' shall be finished with such material in such manner and of such grade as to provide safe, comfortable access to motor vehicles, including especially fire, police, ambulance and other emergency vehicles." Mr. Wood stated that, because the Phillips were sensitive to the fact that the Cooperative had taken land out in either 1981 or 1982, that additional land was added to their leasehold back lot line. Mr. Wood said that his leasehold now has additional land to it. Virginia Langhans asked how far their house is from the road. Mr. Wood answered, about 1501 . Attorney Barney stated that the problem he has concerning the road is that from a legal standpoint Mr. Phillips has a right to a piece of property by his leasehold document, which is like a deed, which says he has a right to occupy this space and it is subject to •something -- and that is what he (Attorney Barney) is a little bit vague about and he is not sure there has been a defined answer tonight -- it is subject to some road; it may be subject to the 15' Planning Board (8)1 March 5, 1991 • road as in the subdivision plan, and road that is now being proposed, different question and that is why he it. Attorney Barney wondered wha was going to be. Mr. Wood stated tha the Cooperative's intention to cha Weisburd stated that the only thing t out the ditches and put a better s the intention to do anything to that in terms of the impact on the pr that he thought all ofthe leases wer conform to the plot, plan that w Barney responded that the plot plan w the road. Mr. Kenerson asked about t subdivision, and if ',the roads sh Attorney Barney responded that it did not think that was as much a conc whoever owns that lot, whether t represent that this property can be s this width of a road. Attorney Barn Cooperative accepted, as part of the the road on a somewhatlsmaller than n Mr. Kenerson wondered who was • Attorney Barney replied that he ass.um Mr. Wood answered, no, there are a Member Stephen Smith said that the Bo road, as it is drawn on the map, i out of the deed to Mr. Phillips. Cha Phillips did not bring that up. was not sure if Mr. Phillips would th a way he (Attorney Barney) thoug bringing up when he mentioned the wid Mr. Phillips is objecting to an wondered if the Association would hav it is printed. Attorney Barney re; were a conventional deed probably not conveyed subject to a road of a have the right to come in later and s larger. Mr. Kenerson expressed his co that there is not a Town road and som Attorney Barney replied that can Town Law by having an, unplatted ro exists now. Attorney Barney said of this is fairly narrow, because the is a tremendous problem for the cu trying to alleviate the mechanism tha •with, adding that he did not se asking for this kind of thing that th to a new developer of a new subdivi hether it is subject to the if it is any different, is a is in a little quandary over the paved width of the new road he did not think that it was ge the width of the road. Jerry at might be done is to clean rface on the road, and it is not tretch other than what is there perty. Mr. Richard Mandl stated basically the same, and they s filed with the Town. Attorney s rather vague in the width of e conversion to a "standard" uld meet Town specifications. s a private road, adding that he rn as Mr. Phillips' rights, or e Cooperative has the right to bdivided in this fashion, with y commented that he- believed the Preliminary Site Plan Review, rmal grade, etc. going to own the vacant lots. d the Homeowners' Association. lot of steps to be taken. Board rd does not really know if the in the right of way as reserved rperson Grigorov said that Mr. ,ttorney Barney commented that he nk of it in those terms, but in t that was what Mr. Phillips was h of the road as 151, adding, enlarged road. Stephen Smith any power to change that once lied that he did not know; if it once it is conveyed out it is pecified width, and one does not y the road is going to be made cern about a building permit in one wants a building permit. e obviated in Section 281 of the d, which is, basically, what hat the precedent setting aspect e is an existing situation that rent landowners and the Board is the Cooperative has come up a developer coming in cold and Board would have to grant that ion. Chairperson Grigorov noted • • 0 Planning Board (9) that the only problem is what mi concerning the road,, and if it i alike, but specify a particul problem. Mr. Kenerson 11 said that that Joan Reuning, of 167 Calkins wondered if the approval could be mad Phillips' deed agreement. Chairpe just going to suggest S. Reuning's c Jerry Weisburd.spoke from the flo change being made on the overall Homeowners' Association; from coop ownership. Mr. Weisburd noted th Mr. Phillips is opposed to it for wha as well as the bylaws stipulating majority in this case, is required Cooperative clearly has that supe that that does not mean whatever th litigation from Mr. (Phillips who i Weisburd said that he did not think t: he thought that duel to the fact t. any land away from Mr.�Phillips, not through his property, and by all me the value of his land.P Mr. Weisburd ground to withhold approval on the unsatisfied. AttorneyjBarney, direct stated that he (Mr. Weisburd) is col property to a subdivision, fee owners] Phillips' property to fee ownershi] it over, in effect, his objections. has a little problem, legally, wi- have one developer coming in here and we are saying - youllbasically have owners of which all but one are wi: Weisburd said that a judge reaff: this. Mr. Richard Mandl,1 of 167 Calkins stated that he would hope that the the feelings of one individual when t property, and the second individu Mandl said that, in this case, the pr Phillips and Nancy Phillips. Mr. M not been heard from, and there is goo heard from in this case. Mr. Man entertain any specific feelings towar that the Board would also take Na Barney noted that Mr.IMandl was makin assumption is correct, that Nancy's Cooperative wants done. Attorney Bar . right in that the Town has not hea the other, so he was not sure the Tow' Nancy wants to do,adding, the Tow; March 5, 1991 ht be in Mr. Phillips' deed the case that all the deeds are r lot, then there will not be a is the only lot that is split. Road, spoke from the floor and contingent upon satisying Mr. son Grigorov stated that she was mment. it and stated that there is a property from a Cooperative to a zrative ownership to private it it has become quite clear that lever reasons, but it is stated, what kind of majority, or super :o make that happen, and the majority. Mr. Weisburd stated iy do makes them immune from > opposed to this happening. Mr. fey can be immune from that, but at the Cooperative is not taking ;hanging the road as it goes isures and standards is improving lid not see that there is much )asis of one person who is simply Lng his comment to Mr. Weisburd, ding in and saying - convert this iip, and saying to convert Mr. on a subdivision, and saying do ,ttorney Barney stated that he :h the Town doing that; we do not saying convert the whole thing nine or ten individual leasehold .ling to go with this. Mr. .rmed the vote as required to do Road, spoke from the floor and Town would not consider strongly io individuals own a piece of 11 has not been heard from. Mr. >perty is jointly owned by Larry indl said that Nancy Phillips has I reason why she has not been 11 stated that if the Board would I Larry's issues, he would hope tcy's issues in return. Attorney F an assumption, and maybe the .eelings are in favor of what the Bey noted that Mr. Mandl was •d from Nancy Phillips one way or I can take into account what t has heard from Mr. Phillips and • Planning Board (10) he has a half interest "in this and he for whatever reason." Attorney Bar would say one could take one of the le take away another 3Q' from the o landowner or the land leaseholder had, said one can convert the thing by sure he did, but he does not think the same time, you can by fiat say we ar of one person's property and take it a stated that there is no change. Attorney Barney stated that in was not any definition of the road, n road that is 60' wide, and eviden perhaps four or five feet on each sid the size of the road has been dou the Cooperative was taking an easemen that was in the prior offering plan. Attorney Barney wondered why issue. Mr. Wood responded that he ha she has no problem with the issue; way go up the old farmilroad. Attorne road that will service Lots 12, 8, as soon as it gets to Mr. Phillips' legally he owns everything or ha except the 21' road, one is building serve several more of the lots, and can say this is okay. Attorney Phillips' consent, making it set up the utilities going down the old farm a 21' road across MregPhillips' prope Mr. Weisburd, directing his come if the approval couldlapprove a waive in approving this subdivision doe claims that may arise.) Attorney Barn put in to do that,il but the proble approval in any circumstance the Town that later come in9 and buy lots approved subdivision,'which means, am services are available and it q Ordinance, and it has bet the requirml etc. Attorney Barney commented, suppc it, it be set up withijan alternative either with the easement as shown with the reservation that is accepter it is with the road !!narrowing to n< Ms. Hoffmann remarked9that in a case way would go on the old farm r< Phillips' property. March 5, 1991 is not too keen on the proposal Barn stated that he doubts a judge �asehold interests and by fiat winership or the property that the adding, the judge may have a vote, which Attorney Barney is judge would have said, at the e going to grab onto a big chunk way from him. Mr. Weisburd the earlier map submission there w there is a definition of a e that there was a 21' road with for shoulders, so, basically, led. Attorney Barney noted that for utilities, and wondered if r. Phillips was objecting to the talked with Mrs. Phillips and he did urge to have the right of „Barney stated that there is a nd the first couple of lots, but of it narrows down, and, if a right of title to everything nto a road that is supposed to the question is whether the Town Barney commented, absent Mr. n the basis of the easements for road, there would be a limit of tye ent to Attorney Barney, wondered that says simply that the Town not give credence to any legal y responded language could be is that in granting subdivision is, basically, saying to people that they, basically, have an ng other things, that municipal alifies with the Town Zoning nts of the planning process, >Ising the Board is of a mind to do -- that the final approval be on the map, with the deed to same by the Phillips, and, if not, rIt less than 15' of paved surface. Ilike that the utility right of lad along the southern edge of Mr. Planning Board (11y March 5, 1991 There appearing to °be no further discussion or commens from the ii Board, Chairperson Grigorov asked if anyone were prepared to offer a motion. MOTION by Judith Aronson, seconded by Virginia Langhans: WHEREAS: 1. This action is thegConsideration of Final Subdivision Approval for three additional lots on lands of the Inlet Valley Land Cooperative, Inc.,ilocated at 167 Calkins Road, Town f Ithaca Tax Parcel No. 6- 33- 1 -4.2, Residence District R -30, and further, modification of the lot lines andldimensions of Lots No. 1,4,8, and 9 within said Inlet Valley Land Cooperative, said lots being Town of Ithaca TaxiParcels No. 6- 33- 1 -4.3, -4.41 -4.7, and -4.11. respectively. 2. This is an Unlisted action for hich the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, made a negative determination of environmental significance on December 18, 1990. 3. The Planning Board, at Public Hearing on March 5, 1991, has reviewed the final plat submissions for the proposed subdivision, including a plat entitled "Final �5ubdivision Plat, Inlet Valley • Homeowners' Association ", by T. Miller Associates, P.C., dated August 16, 1990, amended November 21, 1990, and January 11, 1991. THEREFORE, IT IS RESOLVED: That the Planning Board grant and hereby does grant Final Subdivision Approvalij for three additional lots on lands of the Inlet Valley Land Cooperative, Inc., located at 167 Calkins Road, Town of Ithaca Tax Parcel No. 6- 33- 1 -4.2,I Residence District R -30, and further, modificationhof the lot lines and dimensions of Lots No. 1,4,8, and 9 within said Inlet Valley Land Cooperative, said lots being Town of Ithaca Tax Parcels Nol. 6- 33- 1 -4.3, -4.41 -4.7, and -4911, respectively, subject to the following conditions: 1* that no building permit will ble issued for dwellings on any lot created by this approval prior to approval by the Tompkins County Health Departmentl!of on -lot water and sewer facilities; 2. that the two pieces of Lot No. 2 (one on each side of the proposed road easement) be considered one lot, and that there be no construction ion the southerly parcel, and that there be no further subdivision of Lot No. 2; 3w the approval of the Declaration of the Restrictive Covenants and Restrictions by the Town Board, and • 4. the current owner of the leasehold on Lot No. 2 accepting a deed from the Cooperative reserving the full sixty feet for a road and utilities, or alternatively the subdivision map being modified to Planning Board (12) • show a road across Lot No. 2 of at feet paved and showing a utilit� line of Lot No. 2; the final deg approved by the Vown Attorney, before filing of the final subdivi,: • • March 5, 1991 least 21 feet including 15 r easement adjacent to the south �d and /or revised map to be Town Planner, and Town Engineer ;ion map. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Nay - None. The MOTION was declared to be ca At this point, Mr.' °Weisburd aske approval of on -lot water /sewer facil that one has to get' construction Weisburd stated that; as far as he did anything about water. Town Engin look at the water supply when t Attorney Barney said that one gets a system, which will show a diagra diagram, it will show the location of approval. Attorney Barney noted th on -lot water /sewer thejlseptic system concern as to whereirthe well is to Health Department is not going to say this well. Chairperson Grigo;rov declared th Cooperative, Inc. Final Subdivision A ADJOURNED PUBLIC HEARING (FROM FEBRUA SITE PLAN APPROVAL !FOR THE PROPOS FT. BUILDING WITH BASEMENT, TO BE L DANBY ROAD, TOWN OF ITHACA TAX DISTRICT "A". JAMES C. ROGAN, OWNER/ th, Hoffmann, Aronson. ied unanimously, about the Health Department ties. Attorney Barney responded permit for the sewer. Mr. ,new, the Health Department never er Dan Walker said that they ey locate the septic system. onstruction permit for a septic and, among other things on the the well; that would constitute t the concern is that if one has has to be located with some ated, adding that, formally, the -- we approve the location of matter of the .Inlet Vall -ey Land roval duly closed at 8:55 p.m. Y 19, 1991): CONSIDERATION OF D CONSTRUCTION OF A 21048 + /- SQ. CATED AT ROGAN'S CORNER, 825 PARCEL NO. 6- 40 -4 -2, BUSINESS PPLICANT. Chairperson Grigorov declared the Adjourned Public Hearing in the above -noted matter duly opened at 8:56 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Attorney William Seldin approached the Board and displayed new plans. Attorney Seldin said that he would show the Board how the new plans vary from the prior plans. Attorney Seldin noted that it wa, was not satisfied, collectively, ai he wanted to do, and, °at the same tii the spirit of the Zoning Ordinance, Attorney Seldin noted that with building would be 12 " at the side required 30' in the front yard, does make a difference with the trafi his recollection that the Board the applicant could not do what stay within the confines and the new plans, labeled as 2B, the yard, but it would have the Attorney Seldin said that the 12' jic flow concept, but in terms of Planning Board (13) March 5, 1991 • the traffic flow and general layout they would find 2B more preferable -- even the additional footage on the side yard gives them a little more space to work with on the other end. Attorney Seldin stated that if the Board finds drawing 2A a plan that the Board can live with, feel comfortable with, and recommend, then they do too. Attorney Seldin said that it is not the optimum plan, it is not the one they started out with, but it represents a compromise. Robert Kenerson wondered if stairs were a part of the building. Attorney Seldin responded that the stairs would be access to the storage area. Chal rperson' Grigorov asked about landscaping the entire area below the building, Mr. Rogan answered, yes. Virginia Langhans asked Mr. iFrantz how he had arrived at 43 parking spaces. Mr. 'Frantz responded that he had come up with 43 spaces based on the square footage of the existing two buildings, adding that as retail area they are required to have one space for every 200 sq. ft., and a restaurant has to have one space for every 100 sq. ft. Mr. Frantz said that there needs1�to be 21 spaces for the new building, and 22 spaces for the remaining two buildings. Mr. Frantz said that he is not familiar with the handicapped accessible space. Chairperson Grigorov said that one or two handicapped spaces would be enough, legally. Judith Aronson asked about a concrete walk. Attorney Seldin indicated onj the map the concrete walk. Eva Hoffmann, referring to the building, wondered if it was still 2,048 sq. ft, gross area on the top floor and a partial basement. Attorney Seldin responded, yes. • Ms. Hoffmann noted that with respect to stairs, she seemed to remember from the Zoning Board of Appeals that if decks are three feet,or more above the ground, then it is considered part of the building. Attorney Seldin stated that these stairs would be leading down, level with the ground. Mr. Frantz said that the new proposal's building elevations a,re essentially the same as the building proposed at the last public he airing. Mr. Frantz said that the stairs are at ground level. Mr. Frantz stated that the ZBA gave Mr. Rogan permission for 19 seats in a sit -down area. Mr. Rogan said that he was not limited on any seats in the ori�lginal building, adding that he is trying to take the business out of the original store and put it in the proposed building. Mr. Frantz stated that the Environmental Review Committee looked at the proposali�. Eva Hoffmann stated that they just looked at Part I, they did not' get to look at Part II. Mr. Frantz stated that the committee mostly had questions about the information provided. Ms. Hoffmann referred to the SEQR, Part I, Page 2, SITE DESCRIPTION, No. 4a, "What is depth to bedrock ?" Ms. Hoffmann said that it should be 0 -811, not 2 -81, (because there are bedrock outcroppings on the project site. Ms. Hoffmann next referred to Page 4, No. 18, "Will project use herbicides or pesticides ?" Ms. Hoffmann noted that it is marked, NO, but almostlall restaurants use sprays for cockroaches. Mr. Rogan responded that the health :people come in once a month and • spray. Planning Board (14) March 5, 1991 • Stephen Smith wondered if the two parking spaces at the very end, and to the right of building two would be removed. Mr. Boehlecke, Architect, answered, yes. Ms. Hoffmann referred to Part II of the SEQR,. Page 9, "IMPACT ON AESTHETIC RESOURCES ", No. 11, "Will proposed action affect aesthetic resources ?" Ms. Hoffmann noted this is marked, NO. Ms. Hoffmann stated that maybe it is not a significant impact, but certainly the new building will be in the way of some part of the view that one sees when. one comes down the road. Mr. Frantz said that all the checks on the SEQR Form, and if the Board accepts them, are just recommended answers., Ms. Hoffmann next referred to the SEQR, Part II, Page 11, "IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD." Ms. ii Hoffmann, directing her comment to Mr. Frantz, noted that two examples were marked YES, Small to Moderate Impact, these two examples being -- "Proposed action will conflict with officially adopted plans or goals ", and "Proposed action will cause a change in the density of land use ". Ms. Hoffmann wondered if these should be marked as conflicting with officially adopted plans and goals for this plan. Mr. Frantz responded that it still requires a 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 Virginia Langhans, seconded by Robert Kenerson: WHEREAS: 1. This action is the of Site Plan Approval for the proposed construction of a 2,048 + /- sq. ft. building with basement, to be located at Rogan's Corner, 825 Danby Road, Town of Ithaca Tax Parcel No. 6- 40 -4 -2, Business District "A ". 2. This is an Unlisted action for which the Town of Ithaca Planning Board has been legislatively determined to act as Lead Agency in environmental review. The Zoning Board of Appeals has been legislatively determined to act as Lead Agency in environmental review for any variances which this action may be contingent upon. 3. The Planning Board, at Public Hearing on March 5, 1991, has reviewed the Long Environmental Assessment Form, an environmental assessment prepared by the Town Planning Department, a site plan entitled "Proposed New Building at Rogan's Corner, Rte. 96B & Coddington Road, Town of Ithaca - Scheme 2A ", by Robert A. Boehlecke Jr., Architect, dated July 16, 1990, and revised September 18, 19190, December 18, 1990, and March 4, 1991, and other application materials for this submission. 4. The Town Planning' Department has recommended that a negative • determination of environmental significance be made for this action. • • Planning Board (15) March 5, 1991 THEREFORE, IT IS RESOLVED: That the Planning;iBoard make and hereby does make a negative determination of environmental significance for this action as proposed. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Smith, Hoffmann, Aronson. Nay - None. The MOTION was declared to be carried unanimously. MOTION by StepheniSmith, seconded by Virginia Langhans. WHEREAS: 1. This action is the Consideration of Site Plan Approval for the proposed construction of a 2,048 + /- sq. ft. building with basement, to be located at Rogan's Corner, 825 Danby Road, Town of Ithaca Tax Parcel No. 6- 40 -4 -2, Business District "A ". 2. This is an Unlisted action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on March 5, 1991, made a negative determination of environmental significance. 3. The Planning Board, at Public Hearing on March 5, 1991, has reviewed the Long Environmental Assessment Form, an environmental assessment prepared by the Town Planning Department, a site plan entitled "Proposed New Building at Rogan's Corner, Rte. 96B & Coddington Road, Town of Ithaca - Scheme 2A11 , by Robert A. Boehlecke Jr., Architect, dated July 16, 1990, and revised September 18, 1990, December 18, 1990, and March 4, 1991, and other applicationl'materials for this submission. THEREFORE, IT IS RESOLVED: That the Planning Board grant and hereby does grant Site Plan Approval for the proposed new building at Rogan's Corner, as proposed on the site plan entitled "Proposed New Building at Rogan's Corner, Rte. 96B and Coddington Road, Town of Ithaca - Scheme 2A11, by Robert A. Boehlecke Jr., Architect, dated July 16, 1990, and revised September 18, 1990, December 18, 1990, and March 4, 1991, contingent upon approval of all required variances by the Town of Ithaca Zoning Board of Appeals including a variance for three parking spaces in the front yard and modification of the previous variance to permit 44 seats in the pizza Band sub shop, and the following additional conditions: 1, that any use of the basement area for any activity other than • storage as proposed by the applicant be subject to site plan approval; Planning Board (16) March 5, 1991 • 29 the approval by the Town of Ithaca Planning Department of the final landscape plan, and 3e the approval by thle Town Planner and Chairperson of the Planning Board of the final revised site plan as submitted to the meeting IL this evening (March 5, 1991)0 There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Smith, Hoffmann, Aronson. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the matter of the Consideration of Site Plan Approval i',for new building construction at Rogan's Corners duly closed. APPROVAL OF MINUTES - jAUGUST 7, 1990 At this time, Nancy Fuller, Secretary to the Planning Board, stated that she had received a note from Town Supervisor Shirley Raffensperger requesting that her letter dated March 2, 1990, addressed to Ellio l�R. LeMaro be attached to the August 71 1990 Planning Board meeting minutes as an exhibit. • The vote for approval of the minutes was as follows: Aye - Grigorov, Langhans, Kenerson, Smith. Nay None. Abstain - Hoffmann, Aronson, Attorney Barney stated that the requirement is that any action by this Board, or by !any municipal board must be by a majority of the entire constituted board, so it would require a vote of five to approve the minutes Attorney Barney suggested adjourning the approval and bringing it up again when there are more members present to vote. Chairperson Grigorov said that the matter would be brought up again at the next Planning Board meeting. OTHER BUSINESS Chairperson Grigorov stated that the April 2, 1991 Planning Board meeting is cancelled due to lack of a quorum. PROPOSED LOCAL LAW JAMENDING THE TOWN OF ITHACA ZONING ORDINANCE GRANDFATHERING CERTAIN APPROVED SITE PLANS AND APPROVED SUBDIVISIONS TO EXCEPT THEM FROM THE REQUIREMENT OF OBTAINING FILL PERMITS Attorney Barney explained that several months ago the Zoning Ordinance was amended to provide for a requirement that when • substantial amounts of fill are moved, either added to or taken away from a piece of prope'r`ty, a fill permit had to be obtained. Attorney Barney noted that there were certain exceptions to that requirement Planning Board (17) March 5, 1991 • and, among those exceptions were: if the movement of fill was as a result of an approved site plan or an approved subdivision, and if the removal of fill occurred within three years of the time the approval was given.` Attorney Barney mentioned that the draftsperson of the amendment overbooked the fact that there could be a situation where two years before the enactment of the Zoning Ordinance amendment somebody was given a final approval and they would qualify for the exception, but they would have a period of two years from the enactment of the change to complete their project, or three years from the approval, whichever is later, e.g., if somebody was approved six months before theamendment they will have three years; if they were approved more !than a year before the amendment they have two additional years to complete the process, up until December 31, 1992; if they don't complete within that time the only penalty is that they have to formally apply'; for a fill permit. Chairperson Grigorov asked if anyone had any comments on the law. 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 Robert Kenerson, seconded by Stephen Smith: RESOLVED, that the Town of Ithaca Planning Board recommend and hereby does recommend to the Town Board the adoption of the proposed • Local Law Amending the Town of Ithaca Zoning Ordinance Grandfathering Certain Approved Site Plans and Approved Subdivisions to Except Them from the Requirement of Obtaining Fill Permits, as the same is attached hereto as Exhibit #5. At, this time, Eva Hoffmann, referring to site plan approvals, wondered if there wash procedure where the Planning Board routinely looks into fill whenthey look at a site plan. Mr. Frantz responded, yes, if a site plan involves any regrading on the property, and, essentially, cut and fill are involved in that process, and those plans are reviewed asllpart of the site plan approval process. Ms. Hoffmann wondered if the plans were always reviewed by the staff. Mr. Frantz answered, yes, they have to be shown on the set of plans that are submitted to the Board members as well; they are reviewed as part of the overall review process. Ms. Hoffmann wondered if Mr. Frantz and Town Engineer Mr. Walker reviewed the plans before they came before the Board: Town Engineer Dan Walker answered, yes, and, generally, most subdivision plans are conditioned that final construction plans are also required to be approved, by the Town Engineer. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Smith, Hoffmann, Aronson. Nay - None. • The MOTION was declared to be carried unanimously. Planning Board (18) March 5, 1991 • At this time, Chairperson Grigorov announced a point of interest in that she had received copies of letters that Candace Cornell had written to the Army,Corps of Engineers. Chairperson Grigorov stated that the Army Corps of Engineers has granted the permit to Lucente re the Briarwood wetland. Robert Kenerson wondered if this was the first experience for the Town to have the Army Corps of Engineers approve in the Town. Mr. Frantz answered, yes, as far as he knew. Chairperson Grigorov gave the material from the Army Corps of Engineers to Planning0oard Secretary Nancy Fuller to file in the Briarwood file. Board member Virginia Langhans thanked Acting Town Planner George Frantz for material he had picked up at the New York Land Institute meeting. Mr. Frantz offered that he had attended the meeting the 21st and 22nd of February. Chairperson Grigorov stated,, for the record, that Board Member Judith Aronson will be attending the "Local Planning and Zoning Seminars" sponsored by the Tompkins County Planning Department and the Southern Tier. East Regional Planning Board, consisting of four two -hour seminars-to be held in Sadd A at the Tompkins County Planning Department, entitled (1) "General Overview of Planning and Zoning ",' February 28, 1991, (2) "Zoning Ordinances ",. March 14, 1991, (3) "Subdivision Regulations and!rRelated Controls ", March 28, 1991, and (4) "State Environmental Quality Review Act (SEQ A) ", April 11, 1991. Chairperson Grigorov noted that Ms. Aronson did attend the February 28th, 1991, seminar. Mr. Kenerson asked about a schedule regarding the Comprehensive Plan. Chairperson Grigorov responded that it will be discussed at the next meeting. ADJOURNMENT Upon Motion, Chairperson Grigorov declared the March 5, 1991, meeting of the Town of Ithaca Planning Board duly adjourned. Respectfully submitted, Mary S. Bryant, Recording Secretary, Nancy M. Fuller, Secretary, Town of Ithaca Planning Board. • • C� • March 5, 1991 Town Planning Board 126 E. Seneca Street Ithaca, NY 14850 Dear Sir /Madam. :T�• I would like to bring to'a your attentiQ several issues concerning the request for subdivision approval of iInlet Valley 110A. I feel it would he highly irresponsible for the tuwii not to make subdivision approval contingent on an approval from the Attorney General' on the offering plan requirement, as the late jir R? =yc �cir5 did in connection with the originsl subdivision approval. An OffcIi:lg plan is still requ red, and the town is now in Min ,position of permitt,i a. 4it.0 .' c =^ which lot= wil! he gold with sevcicly compromised r.- arketa.biliaty nn':nown +o the potential buyer. - There appears to be so It is , true that you mig without 'an offering pla! have enclosed a copy o market -whose policy it 4tates that their primal requiring offering plans. .I; should qualify my. coi 1111%.;81011 as only to prot reasonably safe position If it : views its missiolt L .of Ithaca, then the resp contingent upon all nec.E from the Attorney Gene lost since Such comment and, if the Attorney Ge anyway, rc difference of opinion on thy. question of marketability. t find today sortie niarkets which, will accept an HOA but the habits. of banks can be quite c}iangeable. I a lettfr from an . underwriter in the secondary mortgage 3 to require an offering plan for an HUA. He further lrlvestbrk ,arF Fannie Mae and Freddie - Mac,' bath - went o f irresponsibility. If the town board views its :t • itself from 146i.igation, then it is 4 probably in a. -io matter. what. it does on this issue. . a larger sense' of also protecting the people of the town risible ..thing to do, would be either make approval nary stater approvals being obtained or. on comment it that they are not needed~ In this case, no time is can be obtained from the Attorney General very quickly era] does require further approval, no land can be sold The other issue. I wish to bring to y'o?u attention is an enlargcrr.ent of the road in the proposed subdivision approval. This road passcs through our property (lot #2) and is already much too close to the front of the house. The enlargement of the road directly or through the addition of easement.* which were not there before wilt dainage the value and enjoyment of our property acid result in unnecessary litiigation. z -.=1 .7 Page Two March 5, 1991 I will remind you that the original Nociiment of sale attending the original town approval specified a road 'i 15' in width with 3' shoulders on either side. Easements for utilities were straight up the old farrn road which is where they have in fact been installed. There will be no impact to the other properties if utility easements remain on the old farm road just where it runs along the south border of our lot instead of cutting through our lot, I would again like to express appreciation both to you and to members of � my ap P the town board for their e.ffmrt3 in cvn:iection with the conve=rsion of I`'LC to an HOA, 1 Larry Phillips /ul • 1 ^ • L ZY/3/ -V4 / e. z C1 1 -1'9 VA :�J ID 0 T ? T A I I 1 7 t 1 ' R 5 1 4 1 C ZY/3/ -V4 / e. z C1 1 -1'9 VA :�J ID 0 T ? T A I I 1 7 t 1 ' R •� MARINE MIDLAND MORTGAGE CORPORATION one Malmume SzUz'n We�f^nn StnteL + sy= ^ucuse, NY 13202 January 14, 1991 1 Mr. Larry Phillips P.O. Box 63 Z)oaiord, JA 2 .3696 ate: Property 1 ocallted .3` lr' 7 31i 1s Road dear Mr. Phillips: Ir. response tb yc{u� rCe11t Y�:;uest, far infor::a�?orl regarding Offering Plans, I offer ;OU the ^U:�e ` maa -!ne Cl_diand J Mortgage Corpora: =i'on pol icy . i?l Sp?diC1nC3 `�'i*:h Gl2r �I'I'a1. =`V : .c suic'nce ,t�lv «5106: r:ipJr 5�3teu that the Offering Pla:s��.s r=:: �.irec for approval of residential • nor.tgage 1c33.rs .he'rF rn P::, :...sL.5 due. to them fo11.owing } 1. "TMe Offering P1ar: �' lU'St 1��. r�evI wed to dete�T,line aCCeptability of ,a pro j ect11,. t 20 "The. Offering Plan m1j''st bp part of the file for Investor review in the event of an audit". Ou.r prima,r.y, investors requiring Offering ;Plan's are Ranni'e Mae and Freddie Mac. G T have also attached-for you an alternative to a foetal HOA . This As simply an agre'enent Le ween the. }esidents to provide an organized• approach to maintaining a private road. 1. This Association exists in Rochester, idX.. i::e exact. adA"ess is unava"abl?. j ILI A, I hope this information !4:1l be of assistance to you. sincer,ly, s 5 Y lbol Residential Mortgage Officer • i rr�a +bar. ii41�6oD�f3en6c �+rowp to — 1779tA:�:lIi:_41 T 7 _ T 1 T E. • • IN RE Inlet Valley Land Cooperative, Inc. . • P 840 228 118 Certified Mail Receipt No Insurance Coverage Provided t.tttf�e Do not use for International Mail ""'[o5[A[[i �c (See Reverse) msui s[ w[ i Sent to t-ut r ,� �) R ,9,300 Street & N C is 120.0 P.O.. State 8 ZIP Code ./ ive w POYt h e I Z J��o06 Postage Certified Fee I Special Delivery Fee Restricted Deli,ery Fee FRetum Rec nowtr� _ Whom Date Dal'. Raturn ,2 e � ShplYing Dote. _ liv. 7 CO j Fostm or:- i .� EI i I I: "40 228 1119 _ Certified Mail Receipt No Insurance Coverage Prcwided Do not usa for International Mai! "'[_ (See Reverse) Sent t�o (s /./J�II, 1 , Y i! 1 !� y, i Street 8 No �vb Tr���e�th PO., State & ZIP Code ar� 23G Postage Certified Fee Special Delivery Fee Restricted Defivero Eoa_ v. . C Return R rn to Whom e re '- Return ec to Wh qCD: Date, 8 dr ss ry TOTAL sta p & Fees $' C Postmark V, CO E lL0 U) CL ,4EA11fYV 41 3 W6 • CJ • M o� Mr. Larry Phillips CEBF 1200 Jefferson Avenue Newport News, VA 23606 Dear Larry, 167 -7 Calkins Road Ithaca, New York 14850 January 31, 1991 Enclosed is a copy of the IVHOA survey which has just been completed. This map 'includes all items which have been approved during IVLC meetings. With reference to your leasehold, please note that the north lot line was moved from the original survey. This was done in the early 80's to compensate you for property lost when the coop road was rerouted. As part of the. new subdivision approval, your property.,. although divided by the road, will be considered as a single lot.. Therefore the status of the lot remains the same. The IVHOA will hold the deed to the 30 ft wide common road. As you are aware, we are planning to install a 20 ft wide oil and stone surface. As indicated on the map, there will be a 15 ft . easement on both sides of the road for highway and utility - purposes. The reason of course is to ensure maintenance and cleaning of ditches and- to have access for services, such as cable, water and sewer, which might be available in the future. In order to give you a perspective concerning the current cooperative road, I made some measurements. At the SW ,corner of your leasehold, the road surface is approximately 18:ft wide with 4 ft to the center of the uphill ditch (22 ft). Immediately in front of your house, the road surface is approximately 20 feet wide, and there is an'additional 8 ft to the�.center of the ditches (36 ft). At the SE 1 corner of your lease the road surface is approximately 18 ft wide with an additional 6 ft to the center of the ditches (30 ft). On average, it appears that the present coop road occupies more than a 30 ft wide area as it divides your leasehold. Accordingly, the new road would not have any additional impact on your property. The . Planning that this board. enclosed map will be presented to the Town of Ithaca Board for final subdivision approval: I am requesting matter be placed on the agenda for the next meeting of • • I would apprec Covenants and Restric busy but, if you wish If I don't.hear from are in agreement. 0 date receiving your views concerning the tions. and By -Laws. I realize that you are !'to suggest changes, we need' to hear from you. ;you on this matter, I will assume that you If you have any questions concerning this or any other matter relating to the conversion of the IVLC conversion, please. don't hesitate to contact me. Sincerely yours, H. Alan Wood 1 e ♦ �x.,'yry '.i FILLEXC.11. ith. 2/19/91, 10:00 A.M. • . TOWN OF ITHACA LOCAL LAW N0. OF THE YEAR 1991 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE GRANDFATHERING CERTAIN APPROVED SITE PLANS AND APPROVED SUBDIVISIONS TO EXCEPT. THEM FROM THE REQUIREMENT OF OBTAINING FILL PERMITS. Be it enacted, by the Town Board of the Town of Ithaca as follows: The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, and thereafter further amended, and particularly further amended by Local Law No. 9 for the year 1990 and Local Law No. 13 for the year 1990 is further amended as follows: 1. Article IXIII, Section 70, subdivision 3 is hereby amended to read as follows: 039 Removal or deposit of fill in connection with • construction in accordance with a site plan approved by the appropriate Town.Authority (e.g., Town Board, Town Planning Board, or the °Zoning Board.. of Appeals) - provided that such construction occurs within three years of the final.approval of such authority or by December 31, 1992, whichever is later." • 2. Article XIII, Section 70, subdivision 5, last paragraph, is amended to read as follows. "In any eventii the exception. granted by this subparagraph shall not apply to any construction which occurs more than three years after the granting..of final subdivision approval by the Town Planning Board or after December 31, 1992, whichever date!is later."' 3. This Local'Law shall take effect upon its publication as required by law. FXI/41s • Excerpt from the Minutes of the Planning Board Meetin of March 5 1991 FILED TOWN OF [THACA TOWN OF ITHACA PLANNING BOARD Dah���1 -�/ tidoq MARCH 5, 1991 Clerk The Town of Ithaca Planning Board met in regular session on Tuesday, March 5, 1991, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m.!� PERSONS TO BE HEARD: Annabelle Manning',spoke from the floor and.stated that she wished to have a chicken barbecue stand on Route 13 at 711 Elmira Road, down where they used to !'have maple syrup. Chairperson Grigorov stated that it was kind of up, actually. Ms. Manning stated that the barbecue would be in operation on weekends and holiday weekends, commenting that sometimes there may be three- or four -day weekends. Ms. Manning offered Ilthat she would begin cooking the chicken about 9:00 a.m. or 9 :30 a.m.iland, hopefully, the first chicken would be ready about 11 :00 a.m.; then the operation would shut down before it got dark, maybe like 6*00 p.m. or 7 :00 p.m., if there was a concern about lighting. Ms,. Manning said that they want to make the pit about 30 -40 feet in length. Ms. Manning, referring to smoke, noted that to take care of the smoke there would have to be at least one or possibly two exhaust fans,, with Mr. Baldassarre adding, overhead exhaust. Chairperson Grigorov wondered what happened and asked if it blew back away from th'e road. Ms. Manning replied that it would filter it; put filters in it and it would pull it up. Mr. Baldassarre said that there would be some smoke. Ms. Manning said that it does have P;a roof over its the building that is there has a roof over the top of that. Chairperson Grigorov wondered if it would be where they used 'I to store the maple syrup. Mr. Baldassarre responded, yes, rightwhere they boiled the syrup. Ms. Manning said the location is probably 500 feet, going out of Town on the left; that is where they boiled the maple syrup. Acting Town Planner George Frantz said that there is a farm there, and there is a white shed -like building in" front of the farm. Chairperson Grigorov wondered how far the operation would be from the road. Ms. Manning said that it is back about 60 feet off the road; this isn't true because they have not measured it, but they have walked it off, so they figure that is the distance. Ms. Manning stated that it would be all carry -outs, and they would have probably a 60 X 80 -foot parking area, because it sits at least 60 feet off the road. Mr. Kenerson wondered if it was a circle. Mr. Baldassarre answered, yes. Mr. Kenerson said that the building looks like it is just a roof. Ms. Manning said that part of the building is closed in. Mr. Baldassarre said thatjhe would put in more exhaust fans as needed; if two can't take care of it he would add another one to it to help. r EXCERPT /PLANNING BOARD (2) March 5, 1991 • Chairperson Grigorov wondered if someone was living in the house there that might be disturbed. Mr. Baldassarre stated that he has not talked to them yet, he did not know what was going to happen at tonight's meeting. Mr'. Kenerson wondered if there was anything behind the building. Ms. Manning responded that there is a big barn. Chairperson Grigorov noted that there is a lot of land around it. Ms. Langhans wondered how close it is to the house. Mr. Baldassarre answered, about 70 -80 feet south from the house. Ms. Langhans asked about!' the prevailing winds. Mr. Kenerson said the winds are northwest. Ms. Manning stated that they thought probably the fans with the filters in them would take care of the smoke, being down on the ground. Mr`. Baldassarre said that they want to make chicken, ribs, salt 'potatoes, and baked potatoes; that would be the menu, adding that he does not want to get more than they can handle. Mr. Kenerson wondered if the operation would be open Fridays, Saturdays, and Sundays. Mr. Baldassarre replied, Saturdays and Sundays mostly, adding, if it is a holiday it would-be Friday. Ms. Langhans wondered how lImay cars Mr. Baldassarre thought he could accommodate at one time. Mr. Baldassarre responded, 10 -15 cars easy. Ms. Langhans wondered if it would just be pick -up as there would not be any place for them to sit down. Mr. Baldassarre stated that somebody suggested a couple of picnic tables, but if that is the case it would probably be from behind it or way off to the side, adding that he would not have more than two picnic tables; he never even thought about it, but somebody said it was an idea, but they have not really discussed it, and before they do they would seek the • Planning Board's thoughts on it. Mr. Kenerson wondered about the signage. Mr. Baldassarre stated that he would rent a sign on wheels which would have and arrow pointing to the stand, and it would be about 4 feet by 5 feet",, commenting that he would rent the sign for a certain period of time until they get well known; then they thought they would try and set "some down the road, like down by Eddydale's to the south, and up the road the other way off the side of the road. Mr. Baldassarre said the signs would be taken down at night and put back up the next d'ay. Ms. Hoffmann wondered if there would be a driveway that comes ins and circles around. Mr. Baldassarre answered, yes, cars would not heave to back out. Ms. Manning said that it would be real easy to pull straight back out. Mr. Baldassrre said that he would like to lease;, with the option to buy, to see how things go. Chairperson Grigorov noted that the applicant would be leasing a certain amount of land there. Mr. Baldassarre stated that he would be leasing from Mr. Alfred Eddy of Eddydale Farm. Mr. Baldassarre stated that there is no other use there now. Chairperson Grigorov noted that the site is in a commercial zone. Robert Kenerson noted that it is a Business "C" Zone. Chairperson Grigorov stated that the use is a legal use, adding that the Board is not granting site plan approval now, but just getting an idea whether or not anyone objects. Mr. Baldassarre said that they want to get a feel of what they can do themselves. iChairperson Grigorov brought up the fact that it • should be noted whether there is anybody around that might be bothered by the proposal. Ms. Langhans said that there are residences around. Chairperson Grigorov wondered if there was just r EXCERPT /PLANNING BOARD (3) March 5, 1991 that one house there, or if there are any other houses nearby. Mr. • Baldassarre offered that there is the Wonderland Motel on the northern side of the proposed project, which is for sale. Ms. Manning mentioned that,the Grayhaven Motel is also in the area. Mr. Kenerson askedi,about the procedure, as the applicant does not own the property. Acting Town Planner George Frantz responded that it, essentially, would, ,lbe site plan approval. Mr. Kenerson wondered if Mr. Eddy should ask for it because he is the owner. Mr. Baldassarre stated that he has been in contact with the Health Department twice, to, get their ideas of what he has to do. Ms. Manning stated that they could not do anthing until they knew what the Planning Board'siconcerns were, whether they should go ahead and fill the papers out to',jsee whether they should go any farther. Chairperson Grigorov asked if anyone had any problem with the proposed stand so far': Ms. Langhans, commenting on the roadway, said that if someone comes in and decides they are going to stay and eat, wondered if it was wide enough for them to park their cars and leave them so that other cars can get around. Mr. Baldassarre responded, yes, it is a big spot. Mr. Kenerson asked Mr. Baldassarre what he planned to do about the paper goods, as to keeping it clean. Mr. Baldassarre responded that he would have trash removal and dumpsters on the site. Mr. Baldassarre stated that if Sunday was a bad day and he had chickens' or ribs left over, he would, rather than have them spoil, take a day'off from his job at Borg Warner and cook those • chickens on Monday rather than just throw them away, commenting that he wants the Board to understand that. Mr. Baldassarre commented that if anyone sees„ him cooking chickens on a Monday that is the reason why. Mr. Kenerson wondered if there were any mid -week holidays that Mr. Baldassarre wanted to specifically cover, perhaps July 4th. Ms. Manningijresponded that that would be a long weekend because the 4th falls on a Thursday. Mr. Baldassarre mentioned the day of Super Bowl, !and twice during the Christmas season. Chairperson Grigorov ,wondered if it would be all winter. Mr. Baldassarre responded,' Ms. Manning stated that they would be open between 70 -80 days per year, adding, if it was going to be more days than that they wo',uld come back before the Board. Judith Aronson asked what months they would not operate. Ms. Manning replied, probably January, and it would be mostly April. Mr. Baldassarre said that it would be one day in January. Mr. Baldassarre said that he has a list of the days he would be open, but did not have it with him. Ms. Langhans commented that Mr. Baldassarre said if he did not sell them all on Super Bowl day he would cook them the next day. Mr. Baldassarre said no,ij this would be during the summer months that something like that might happen. Mr. Baldassarre said that he would not order a specific amount, he would just order 600 -700 chicken halves to sell and that would just be it, it would not be an all afternoon thing like it would be during the summer. Mr. Kenerson asked about any food storage on the site. Mr. • Baldassarre said that!jhe would have a walk -in cooler on site, along with a chest freezer, and three stainless steel sinks as required by the Health Department;' also there would be dusk to dawn vapor lights EXCERPT /PLANNING BOARD (4) March 5, 1991 for security. Eva Hoffmann wondered if a special license would be needed from the Health'Department. Ms. Manning stated that she was sure there would bea Ms. Manning said that one time they talked to the Health Department on the phone and they said they would come down once it got that far :lto see and advise them what they had to have to pass them. Stephen Smith wondered if there were advantages to being a part -time operation versus full -time, other than the fact that the applicant has another job. Mr. Baldassarre responded that he could be better off doing it full -time, but he did not know if the business would support him doing it full -time. Mr. Baldassarre said that he would like to do itjfull -time. Mr. Smith said that maybe it should be looked at as a full -time operation, with Mr. Baldassarre commenting, that would be great. Acting Town Planner George Frantz stated that as far as any evaluation of the proposal he would look at it, basically, as a,, restaurant which would be open seven days per week. Chairperson Grigorov commented, as many times as they want to, yes. Mr. Baldassarre and Ms. Manning responded that that would be good; maybe if they did it full -time he would possibly cook maybe 600 -700 chicken halves,during the week and that would be it. ri Ms. Manning wondered, with the zoning, if it were mainly the parking and the smoke.11, Chairperson Grigorov responded that it is whatever the Board ,might think of that might pose a problem. Mr. Smith wondered about the shoulder of the road in that area because he can envision people turning left. Mr. Baldassarre replied that it is right even with the road and there is no drop -off. Mr. Kenerson • noted that there is, access. Mr. Kenerson wondered if the Health Department considered the proposal to be a restaurant, as he was thinking of comfortll facilities and that sort of thing. Mr. Baldassarre said that he was required to put a well in, commenting that he understood sewer and water would be available. Mr. Kenerson responded that that would be a while. Town Engineer Dan Walker noted that it would be about a year before it gets there. Mr. Baldassarre stated that he would ask the Health Department if possibly he could get away with a rent -a -john until next year. Mr. Baldassarre said that if he had to havellfacilities it would be done. Eva Hoffmann stated that her main concern would be the smoke created as she has come across places like this in the past and other places in Ithaca where the odors -- even if the cooking has been done indoors and with fans etc. -- there still have been enough odors coming out and the neighbors have sued and there have been all kinds of problems, so she would be concerned about that, and especially to people who are either living in home s around there and people who are in their house on weekends when they, pare home and they are out in the summer, they might be very irritated by odors. Ms. Hoffmann stated that the other thing she would be concerned about, it is not so much parking, but the traffic going in and out of there because there is a lot of that already on that stretch of road. Ms. Manning said that this would not be while the factories were being let out, it would just be weekends. Ms. Langhans stated that that road is very heavily travelled with people going to the Parks. Chairperson Grigorov • commented that that would be good for the chicken stand. Ms. Langhans stated that she thought Ms. Hoffmann was right in that it smells great, but if one smells it all day, every day, week after EXCERPT /PLANNING BOARD (5) March 5, 1991 week after week; it doesn't smell so good after ,a while. Ms. Manning 0 11 said it would not be seven days a week, it would be three. Chairperson Grigorov noted that Mr. Frantz can advise the next step as far as the!IPlanning Board is concerned, and indicated that the applicant should get in touch with him. Mr. Frantz said that the next step is to get the application in and the site plan together. Mr. Frantz, referring to Mr. Baldassarre, stated that if he had any questions to give him a call. Mr. Baldassarre and Ms. Manning thanked the Board. Chairperson Grigorov good idea. stated that she thought the project was a Chairperson Grigorov asked if there were any There being none, Chairperson Grigorov declared the Heard segment of the meeting duly closed at 7:54 p.m. Mary S. Bryant, ecord Town of Ithaca Plannin • July 23, 19910 • ng Secretary, Board. other comments. Persons to be 1 i it AFF1DAVIT OFPUBLICATION r State of New York, Tompkins Count` Gail Sullins be says, that she /he resides in Ithaca, cour she /he is Clerk JOURNAL 'I. ssea duly sworn, deposes and and state aforesaid and that of The Ithaca Journal a public newspaper printed and published in Ithaca aforesaid, and that a notice, oflr which the annexed is a true copy, was published in said paper �ind that the first publication of said notice was on the 2� day of to to a IL4 19 C�\_ 4 Sub. �ib�ed and sworn to before me, th's viC.A� 19 !i II �J SU day U ;i JEAN FORD Notary Public. Notary Public, State of New yor% Noji 465 ?iG Qualified in I cmpkins Q4mmIssion expires May ii Couni;(� r 314 19! / Calkins Road', °:Town of Ithcicd -% Tax Parcel No. 6- 33- 1 -4:2, Res:r idence .District R -30 and fur TOWN OF ITHACA : ther,.. modification. of the ,lot ' '. PLANNING BOARD lines and dimensions 'of dots NOTICE OF 1 . PUBLIC HEARINGS - No..' ,4,8,9 within said Inlet'; TUESDAY, MARCH 5, 1991 - Volley-Lond Cooperative, said Byy direction of the Chairman lots being Town of Ithaca Tok of,the Planning Board; NOTICE - Parcels No., 6-33-1-4.41 - 4.7, {; IS HEREBY GIVEN, that a Public 4.3, '.and - 4.11. -Inlet _ Valley'. Hearing will be held by the. Lond'CobperaiiJe, Inc :, Own Planning Board of.ihe Town-of .er; H. Alan' Wood, Agent. Ithaca' on'Tuesday, March 5, Said Planning Boar will of .-1991., ;in Town Hall, .126 East ,said time and said place hear Seneca Street, Ithaca,-'NY; at all persons in support of such; the following time and 'on' ' matters or objections thereto.:. following matter:. - Persons may appear by agent,. } 7:40 P-M. Considerotion:of.Fi- or in person.' nal Subdivision Approval foi .:Jean. H.. Swartwood ;,� three "additional lots on lands - :' Town Clerk of the Inlet Volley Land Coop - 273- 1721,4 erative, Inc.; located at 167 February 28, 1991