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HomeMy WebLinkAboutPB Minutes 1991-07-02t; • • D TOWN OF ITHACA TOWN OF ITHACA PLANNING BOARD JULY 2, 1991 The Town of Ithaca Planning Board met in regular session on Tuesday, July 2,;1991, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, James Baker, Virginia Langhans, William Lesser, Stephen Smith, Judith Aronson, Eva Hoffmann, George R. Frantz (Assistant Town Planner), Floyd Forman (Town Planner), Dan Walker (Town Engineer),, John C. Barney (Town Attorney). ALSO PRESENT: Patricia Dekar Gilbert, Greg Williams, Jerry Weisburd, Siu -Ling Chaloemtiarana, Joseph M. Lalley, Thak Chaloemtiarana, Larry Fabbroni, Frederick Mitchell, M.D., Claudia Weisburd, 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 June 24, 1991, and June 27, 1991, 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, as appropriate, upon the Clerk of the Town of Dryden, upon the Clerk of the City of Ithaca, upon the Regional Manager of the NYS Office of Parks, Recreation, and Historic Preservation, upon the Resident Engineer of the NYS Department of Transportation, upon the Tompkins County Commissioner of Planning, and upon the applicants and /or agents, as appropriate, on June 25, 19916 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 There were no persons present to be heard. Chairperson Grigorov closed this portion of the meeting. APPROVAL OF MINUTES - FEBRUARY 19, 1991 MOTION by Robert Kenerson, seconded by Virginia Langhans: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of February 19, 1991, be and hereby are approved with the following correction: That, on Page 9 of, the February 19, 1991 minutes the vote recorded with respect to the July 24, 1990 approval of minutes be changed to indicate that Eva Hoffmann abstained, and that the Motion be shown to be carried. Planning Board 2 July 2, 1991 • There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Baker, Langhans, Lesser, Smith, Aronson, Hoffmann. Aye - None. The MOTION was declared to be carried unanimously. PUBLIC HEARING: CONSIDERATION OF THE MODIFICATION OF THE LOT LINES OF TOWN OF ITHACA TAX PARCELS NO. 6- 25 -2 -18, -19, AND -201 0.15 + / -, 0.26 + / -, 0.47 + /- ACRES IN SIZE, RESPECTIVELY, LOCATED AT 881 -883 TAUGHANNOCK BOULEVARD (NYS RTE. 89), RESIDENCE DISTRICT R -15. UPON MODIFICATION, AS PROPOSED, THE THREE EXISTING PARCELS WILL EACH BE 0.30 + /- ACRES IN SIZE. JEROLD WEISBURD AND SIU -LING CHALOEMTIARANA, OWNERS; JEROLD WEISBURD, AGENT. Chairperson Grigorov declared the Public Hearing in the above -noted matter duly opened at 7:35 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Maps were appended to the bulletin board. Chairperson Grigorov noted, for the record, that Board member Eva Hoffmann and herself viewed the site. • Mr. Weisburd said that he wished to move two lot lines which separate three adjacent existing lots. Mr. Weisburd stated that he wanted three lots approximately the same size. Mr. Weisburd said that arranging the lots in the fashion that he proposed will avoid the cutting down of some very magnificent trees. Chairperson Grigorov noted that this was a Public Hearing and asked if anyone from the public had any comments or questions. Patricia Dekar Gilbert, of 879 Taughannock Blvd., approached the Board and read aloud a memo from her, addressed to the Planning Board and dated July 2, 1991. [Memo attached hereto as Exhibit #1.1 In response to Ms. Gilbert's letter Mr. Weisburd stated that the three lots do exist, and that is not what is up for review. Mr. Weisburd said that he wanted to create three fully conforming buildings as far' as the zoning is concerned by having three very, very slightly non - conforming lots, as opposed to two very non - conforming lots. Chairperson Grigorov commented that the lots are extremely steep. Mr. Weisburd pointed out on the map that there is a plateau "here ". Board Member William Lesser asked about the current status of Site #1 as to whether it is a buildable lot at this time. Attorney Barney replied that, assuming it was a lot as shown now at the time • of the enactment of the Ordinance it is a buildable lot, if the other requirements can be met. The test that the Zoning Board of Appeals has to deal with is the practical difficulties and the unnessary Planning Board • hardship; the size difficulty. Attorney ZBA would grant the problem with access. access even though it 3 July 2, 1991 of the lot would probably qualify as Barney offered that he would suspect variances. Robert Kenerson asked if Mr. Weisburd said that there would be is steep. a practical that the there was a a second There appearing to be no one else from the public who wished to speak to this matter, Chairperson Grigorov closed the Public Hearing and brought the matter back to the Board for discussion. At this point, Chairperson Grigorov reviewed, with the Board, the comments of the Conservation Advisory Council Environmental Review Committee, which are attached hereto as Exhibit #2. Mr. Weisburd offered that he would construct single family homes, but there is always the question when one gets into the single family house; are there a couple of rooms that could be converted to a legal accessory apartment. Mr. Weisburd stated that it is certainly not his intention to build other than single family houses, but they will be custom houses and if somebody wants to have an accessory apartment that fits within the zoning, then that would be a possibility. Chairperson Grigorov mentioned the 25% slopes that the ERC was concerned about. Assistant Town Planner George Frantz offered that his suggestion was to revise the draft resolution simply to have an erosion and sedimentation control plan submitted to the Town Engineer • for his approval prior to the issuance of any building permits. Discussion followed with the Board members commenting on variances needed, if any. There was also discussion on the size of the houses to be built, and the distance from the water. Discussion was held on conforming and non - conforming lots. For the record, Town Planner Floyd Forman and the Assistant Town Planner George Frantz, viewed the site. Eva Hoffmann mentioned constructing floating docks instead of having permanent docks attached to the lakeshore as one should be careful with the lakefront. Ms. Hoffmann also felt that decks should not be built over the water. There appearing to be no further discussion or comments from the Board, Chairperson Grigorov asked if anyone were prepared to make a motion. MOTION by Virginia Langhans, seconded by James Baker: WHEREAS. 1. This action is the Consideration of the Modification of the lot lines of Town of Ithaca Tax Parcels No. 6- 25 -2 -18, -19, and -20, • 0915 + / -, 0926 + / -, 0.47 + /- acres in size, respectively, located at 881 -883 Taughannock Boulevard (NYS Rte. 89), Residence District r� U • Planning Board E July 2, 1991 R -15, the proposed modifications to result in three parcels each 0.30 + /- acres in size. 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. 3. The Planning Board, at Public Hearing on July 2, 1991, has reviewed the Short Environmental Assessment Form and an environmental assessment of the proposed action prepared by the Assistant Town Planner, comments by the Environmental Review Committee of the Town of Ithaca Conservation Advisory Council, a proposed site plan entitled "Laketop Proposed Site Plan ", dated May 24, 1991, prepared by Jerold Weisburd, Registered Architect, and other application materials. 4. The Assistant Town Planner has recommended a negative determination of environmental significance. THEREFORE, IT IS RESOLVED, That the Planning Board 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, Baker, Langhans, Lesser, Smith, Aronson. Nay - None. Abstain - Hoffmann. The MOTION was declared to be carried. MOTION by Stephen .Smith, seconded by Judith Aronson: WHEREAS. 1. This action is the Consideration of the Modification of the lot lines of Town of Ithaca Tax Parcels No. 6- 25 -2 -18, -19, and -20, 0.15 + / -, 0.26 + / -, 0.47 + /- acres in size, respectively, located at 881 -883 Taughannock Boulevard (NYS Rte. 89), Residence District R -15, the proposed modifications to result in three parcels each 0.30 + /- acres in size. 2. This is an Unlisted action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on July 2, 1991, made a negative determination of environmental significance. 3. The Planning Board, at Public Hearing on July 2, 1991, has • reviewed the Short Environmental Assessment Form and an environmental assessment of the proposed action prepared by the Assistant Town Planner, comments by the Environmental Review Planning Board • Committee proposed May 24, and other • 5 July 2, 1991 of the Town of Ithaca Conservation Advisory Council, a site plan entitled "Laketop Proposed Site Plan ", dated 1991, prepared by Jerold Weisburd, Registered Architect, application materials. THEREFORE, IT IS RESOLVED. That the Planning Board grant and hereby does grant Preliminary Approval to the proposed lot line modifications as shown on a proposed plan entitled "Laketop Proposed Site Plan ", dated May 24, 1991, prepared by Jerold Weisburd, Registered Architect, subject to the following conditions: 1. Approval of variances by the Town of Ithaca Zoning Board of Appeals to allow smaller than normally permitted lots. 2. The existing cottage shall be demolished by July 1, 1992, or before issuance of any building permit on any of the lots, whichever date is earlier. 3. No apartments other than one subsidiary apartment no larger than 30% of total floor area (including basement) shall be constructed in any of the buildings on any of the lots. 4. The providing of a final plat prepared by a licensed surveyor showing all existing structures and precise dimensions of each proposed new lot. 5. Approval of erosion and sediment control plans by the Town Engineer before issuance of any building permit. 69 That no variances be granted other than to allow subdivided lots, i.e., no variances for setback requirements, building coverage requirements, etc. 7. Provision of evidence that the existing lots are of record, such evidence to be to the satisfaction of the Planning Board, and to be provided prior to the obtaining of final subdivision approval. There appearing to be no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Baker, Smith, Aronson. Nay - Langhans, Lesser, Hoffmann. The MOTION was declared to be carried. Chairperson Grigorov declared the matter of Preliminary Approval of the Modification of Lot Lines of Three Existing Parcels duly closed. • PUBLIC BOARD OF APPROVAL HEARING: APPEALS GRANTED CONSIDERATION OF A RECOMMENDATION TO THE ZONING WITH RESPECT TO A MODIFICATION OF THE SPECIAL BY SAID BOARD OF APPEALS ON APRIL 10, 1991, FOR THE Planning Board 6 July 2, 1991 • CORNELL UNIVERSITY OXLEY ARENA TEMPORARY PARKING LOT, LOCATED OFF NYS RTE. 366 (DRYDEN ROAD), TOWN OF ITHACA TAX PARCEL NO. 6- 63- 1 -8.2, RESIDENCE DISTRICT R -30, TO ALLOW PLACEMENT OF UP TO SIX STORAGE TRAILERS FOR THE PURPOSE OF STORING CONSTRUCTION MATERIALS FOR ON -GOING CONSTRUCTION PROJECTS AT THE UNIVERSITY. CORNELL UNIVERSITY, OWNER; LAWRENCE P. FABBRONI, P.E., AGENT. • • Chairperson Grigorov declared the Public Hearing in the above -noted matter duly opened and read aloud from the Notice of Public Hearings as posted and published and as noted above. Maps were appended to the bulletin board. Mr. Fabbroni addressed the Board and offered that this project will modify a site plan recommended by the Planning Board on March 19, 1991 to the Zoning Board of Appeals for their April 10, 1991 meeting. The ZBA affirmed the Planning Board recommendation at their April 10, 1991 meeting. creek. Mr. Fabbroni stated that there Mr. Fabbroni offered that in the modified plan the construction office trailer is deleted; the remaining shed on the site will be painted, and the area already stone surfaced east of the shed is proposed to be used for 5 -6 tractor trailers containing construction materials necessary to construction on Campus. Access to the trailers is by pickup truck through the Oxley parking area. The temporary parking is to extend through January 1996. Chairperson Grigorov asked about Fabbroni responded that there would be no site that would affect the stream, electrical supplies on the site. hazardous materials. Mr. hazardous materials on the There would just be normal 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 and brought the matter back to the Board for discussion. Eva Hoffmann wondered why there could not be something green growing in the area, why does it have to be gravel just because there are some trailers sitting on part of the land? Mr. Smith said that that would be access for trucks. Ms. Hoffmann was concerned about bad things draining into the creek. Mr. Fabbroni stated that there is no erosion on the site; it is an existing condition. There appearing to be no further discussion, Chairman Grigorov asked if anyone were prepared to make a motion. MOTION by Robert Kenerson, seconded by William Lesser: 1. This action is the Consideration of a Report to the Zoning Board of Appeals with respect to a request for Modification of the Special Approval granted by said Board of Appeals on April 10, 1991, pursuant to Article V. Section 18, Paragraph 4, of the Town of Ithaca Zoning Ordinance, for the Cornell University Oxley Planning Board FA July 2, 1991 Arena temporary parking lot, located off NYS Rte. 366 (Dryden • Road), Town of Ithaca Tax Parcel No. 6- 63- 1 -8.2, Residence District R -30, to allow placement of up to six storage trailers for the purpose 'lof storing construction materials for on -going construction projects at the University. 2. This is a Unlisted action for which the Town of Ithaca Zoning Board of Appeals is legislatively determined to act as Lead AGency for environmental review. The Town of Ithaca Planning Board is an involved agency in coordinated review. 3. The Planning Boa °rd, at Public Hearing on July 2, 1991, has reviewed the proposed site plan and other drawings submitted by Cornell University, Parts 1 and 2 of the Short Environmental Assessment Form, the comments of the Environmental Review Committee of the Town of Ithaca Conservation Advisory Council, and other submissions related to this proposal. 4. The Town Planningi Department has recommended that a negative determination of ' l, environmental significance be made for this action. THEREFORE, IT IS RESOLVED: 1. That the PlanningBoard recommend and hereby does recommend to the Zoning Board of Appeals that a negative determination of • environmental significance be made for this action as proposed. 2. That the PlanningBoard, in making recommendation to the Zoning Board of Appeals, determine and hereby does determine the following: a. that there is a need for the proposed use in the proposed location; be that the existing and probable future character of the neighborhood "will not be adversely affected; ce that the proposed change is in accordance with a comprehensive plan of development of the Town. 3. That the Planning Board report and hereby does report to the Zoning Board of Appeals its recommendation that the request for modification of Ithe Special Approval granted by said Board of Appeals on April 10, 1991, for the Cornell University Oxley Arena temporary parking lot, to allow placement of up to six storage trailers for the purpose of storing construction materials for on -going construction. projects at the University, be approved, subject to the following conditions: if a. The placement of such trailers shall terminate at the same • time as the expiration of the special approval previously granted. k, Planning Board July 2, 1991 b. Storage shall be limited to normal construction supplies and no toxic materials shall be stored in any of the trailers. c. All other terms of the prior special approval shall remain in effect. , There being no further discussion, the Chair called for a vote. Aye - Grigorov, Keners'on, Baker, Langhans, Lesser, Smith, Hoffmann, Aronson. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Grigoriiv declared the matter of a recommendation to the Zoning Board of;1 Appeals with respect to the Cornell University Oxley Arena temporary parking lot duly closed. PUBLIC HEARING: CONSIIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS WITH RESPECT TO THE FURTHER MODIFICATION OF THE SPECIAL APPROVAL GRANTED BY SAID BOARD OF APPEALS ON OCTOBER 10, 1990 FOR THE CORNELL UNIVERSITY MAINTENANCE AND SERVICE OPERATIONS' COMPLEX LOCATED APPROXIMATELY 1,300 FEET SOUTH OF NYS RTE. 366 AND 11800 FEET WEST OF GAME FARM ROAD, TOWN OF ITHACA TAX PARCEL NO. 6- 64 -1 -2, RESIDENCE DISTRICT R -30. CORNELL UNIVERSITY, OWNER; LAWRENCE P. FABBRONI,,P.E., AGENT. •' Chairperson Grigorov declared the Public Hearing in the above -noted matter duly opened and read aloud from the Notice of Public Hearings as posted and published and as noted above. Maps were appended to the bulletin board. Mr. Fabbroni addressed the Board and stated that Cornell is seeking permission for the construction of a fuel island involving placement of steel dike protected fuel storage tanks with canopies for lighting, fire protection, rainfall control and vapor recovery. Chairperson Grigorov noted that this was a Public Hearing and asked if anyone were present who wished to comment. No one spoke. Chairperson Grigorov closed the Public Hearing and brought the matter back to the Board. Mr. Fabbroni stated that if there is a failure of the dike system and fuel does escape onto the surrounding ground, Cornell is equipped with personnel and liequipment to respond as soon as possible. In addition, potential spills at the fuel pump island will be directed by the pitch of the�lconcrete pavement into a drainage system with an oil /water separator to capture the spilled fuel. Mr. Fabbroni offered that all the piping on the site would be above ground. Mr. Fabbroni pointed out the approximate location of up to two • dumpsters that would be provided on the site so that metals and things that can be recycled can be deposited in those dumpsters, then carried off to a recycling location by Cornell's commercial carrier. Planning Board 9 July 2, 1991 Assistant Town Planner George Frantz asked what species of trees • and planting materials Cornell was proposing. Mr. Fabbroni presented a list to the Board detailing the suggested plant list, which is attached hereto as Exhibit #3. P There appearing to be no further discussion, Chairman Grigorov asked if anyone were prepared to offer a motion. MOTION by William Lesser, seconded by Virginia Langhans: WHEREAS. 1. This action is the!IConsideration of a Report to the Zoning Board of Appeals with 1, request to the further Modification of the Special Approval granted by said Board of Appeals on October 10, 1990, for the !I Cornell University Maintenance and Service Operations' complex located approximately 1,300 feet south of NYS Rte. 366 and 1,800 feet west of Game Farm Road on Town of Ithaca Tax Parcel No. 6- 64 -1 -2, Residence District R -30, 2. This is an Unlisted action for which the Town of Ithaca Zoning Board of Appeals, is legislatively determined to act as Lead Agency for environmental review. The Town of Ithaca Planning Board is an involved agency in coordinated review. 39 The Planning Board, at Public Hearing on July 2, 1991, has • reviewed the proposed site plan and other drawings submitted by Cornell University, Parts 1 and 2 of the Short Environmental Assessment Form, and other submissions related to this proposal. 4. The Town Planning 'I Department has recommended that a negative determination off environmental significance be made for this action. THEREFORE, IT IS RESOLVED. 1. That the PlanningIBoard recommend and hereby does recommend to the Zoning Board of Appeals that a negative determination of environmental significance be made for this action as proposed. 'I 2. That the PlanningBoard, in making recommendation to the Zoning Board of Appeals, determine and hereby does determine the following: a. that there is a need for the proposed use location, be that the existing and probable future neighborhoodlfwill not be adversely affected; c. that the proposed comprehensive plan in the character change is in accordance of development of the Town, proposed of the with a Planning Board 10 July 2, 1991 3. That the Planning Board report and hereby does report to the Zoning Board of Appeals its recommendation that the request for further Modification of the Special Approval granted by said Board of Appeals on October 10, 1990, for the Cornell University Maintenance and Service Operations' complex, be approved, subject to the following conditions. I a. Submission of la planting plan for approval by the Town Planning Department, and completion of said proposed plantings by October 1, 1992. b. At the option of the applicant, re- orienting the tanks either to an east -west axis, or relocating them to parallel on either axis, and /or relocation of the entire pad up to 15 feet west o;f the location presently shown on the drawing submitted to this July 2nd, 1991 meeting of the Planning Board, numbered C -2715, entitled "Site Plan ", dated June 19910 If located elsewhere than presently shown, applicant shall provide a revised site plan showing the revised location prior to issuance of any building permit. c. Provision ofj a revised site plan showing the proposed approximate location of up to two dumpsters that may be placed east of the berm shown on the westerly side of the site plan and denominated "Landscaping ", such revised plan to be subject to the approval of the Town Planning Department prior to the issuance of any building permit. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenersilon, Baker, Langhans, Lesser, Smith, Hoffmann, Aronson. Nay - None. ji The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the Consideration of a Recommendation to the'Zoning Board of Appeals with respect to the further Modification of the Special Approval granted by the ZBA on October 10, 1990, for the Cornell University Maintenance and Service Operations' Complex duly closed. PUBLIC HEARING. CONSIDERATION OF A MODIFICATION OF SITE PLAN APPROVAL TO PERMIT THE PROPOSED ENCLOSING OF A 650 + /- SQ. FT. INTERIOR COURTYARD AT THE TOMPKINS COUNTY PROFESSIONAL BUILDING, 1301 TRUMANSBURG ROAD, TOWN OF ITHACA TAX PARCEL NO. 6- 24 -3 -4, BUSINESS DISTRICT "A ". FREDERICK MITCHELL, M.D., OWNER; VINCENT MULCAHY/ ARCHITECT /AGENT. i Chairperson Grigorov declared the Public Hearing in the above -noted matter duly opened and read aloud from the Notice of • Public Hearings as posted and published and as noted above. i Planning Board 11 • Dr. Mitchell addressed the Board to cover over a pre - existing court. will be used as a waiting room for a Mitchell said that the enclosure existing office complex. • July 2, 1991 and stated that the objective is Dr. Mitchell said that the area large Pediatric office. Dr. will change the roof line of the Chairperson Grigorov noted that this was a asked if anyone present wished to speak. No one Grigorov closed the Public Hearing and brought the Board for discussion. There appearing to be no further discussion, asked if anyone would like to make a motion. Public spoke. matter Hearing and Chairperson back to the Chairperson Grigorov MOTION by Robert Kenerson, seconded by James Baker: WHEREAS. 1. This action is thelConsideration of Approval to permit the proposed interior courtyard�'at the Tompkins 1301 Trumansburg lRoad, Town of Business District I "A". a Modification of Site Plan enclosing of a 650 + /- sq. ft. County Professional Building, Ithaca Tax Parcel No. 6- 24 -3 -4, 2. This is an Unliste''Id action for which the Town of Ithaca Planning Board has been legislatively determined to act as Lead Agency in environmental revil!ew. 39 The Planning Boar reviewed the environmental ass Assistant Town P entitled "Ren. -- prepared by Vin numbered DWG.A1 a at Public Hearing on July 2, 1991, has hort Environmental Assessment Form and an ssment of the proposed action prepared by the anner, proposed plot plan and elevation drawings ediatrics Facility, 1301 Trumansburg Rd.", ent Mulcahy, Architect, dated April 1, 1991, d DWG.A5, and other application materials. 4. The Assistant Town Planner has recommended determination of environmental significance. THEREFORE, IT IS RESOLVED: That the determination proposed. a negative Planning Board make and hereby does make a negative of environmental significance for this action as There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Baker, Langhans, Lesser, Smith, Hoffmann, Aronson. Nay - None. The MOTION was declared to be carried unanimously. Planning Board 12 July 2, 1991 • At this point, Board Member Eva Hoffmann stated that she had viewed the site today (7/2/91) and she talked with one of the fellows working there. Ms.' Hoffmann said that she felt the project looks fine, and did not think one would see much of what sticks up over the existing roof. MOTION by Virginia °,Langhans, seconded by Robert Kenerson: I WHEREAS. 1. This action is the Consideration of a Modification of Site Plan Approval to permit!Ithe proposed enclosing of a 650 + /- sq. ft. interior courtyard at the Tompkins County Professional Building, 1301 Trumansburg Road, Town of Ithaca Tax Parcel No. 6- 24 -3 -4, 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 July 2, 1991, made a negative determination of environmental significance. 3. The Planning Board,, at Public Hearing on July 2, 1991, has reviewed the Short Environmental Assessment Form and an environmental assessment of the proposed action prepared by the Assistant Town Planner, proposed plot plan and elevation drawings entitled "Ren.- 4ediatrics Facility, 1301 Trumansburg Rd.", • prepared by Vincent Mulcahy, Architect, dated April 1, 1991, numbered DWG.A1 and DWG.A5, .and other application materials. THEREFORE, IT IS RESOLVED: ,1 That the Planning Board grant and hereby does grant Final Approval to the proposed modifications to the site plan of the Tompkins County Professional Building as shown on the plot plan and elevation drawings j entitled "Ren. -- Pediatrics Facility, 1301 Trumansburg Rd. ", prepared by Vincent Mulcahy, Architect, dated April 11 1991, numbered DWG:A1 and DWG.A5. There being no further discussion the Chair called for a vote. Aye - Grigorov, Kenerson, Baker, Langhans, Lesser, Smith, Hoffmann, Aronson. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the Consideration of a Modification of Site Plan Approval of the Tompkins County Professional Building duly closed. AGENDA ITEM: DISCUSSION, PORTABLE FOOD STANDS. • Town Planner Floyd Forman stated that the Town Board indicated that there was a problem with some people on trucks selling food and Planning Board 13 July 2, 1991 beverages off a truck: Mr. Forman said that the Town Board wants the • Planning Board to come up with some sort of solution for the problem. [Memorandum pertaining to the above subject from John Czamanske, Planning Technician, dated July 1, 1991, attached hereto as Exhibit #4•] Board Member Virginia Langhans suggested that staff should handle the issue. Mr. Forman'said that it is in the hands of the Codes and Ordinances Committee.!I It was the consensus of the Board that staff should handle the matter. OTHER BUSINESS. Mr. Frantz said that Chairperson Grigorov received a communication from Alex Rachin, Building Supervisor for the Town of Ulysses. Mr. Frantz si;tated that the Ulysses Town Board is reviewing a proposal for a PlaInned Development District, Mr. Frantz said that there is a plan to con;Cert the old Poyer Orchard Sales and Service building on DuBois Road to a Marine Motor Sales and Repair Facility. Mr. Frantz stated that the Town of Ulysses has asked for comments from the Town of Ith!aca by July 15, 1991 regarding the project. Mr. Frantz offered that the proposed project is approximately 1,300 feet from the Town of Ithaca line. Mr. Frantz stated that he was concerned about traffic impacts on DuBois Road, along with the impact • on a residential areal in the Town of Ithaca. Mr. Frantz will draft a letter to the Ulysses Town Board listing the Town of Ithaca's concerns. • ADJOURNMENT Upon Motion, Chairperson Grigorov declared the July 2, 1991, meeting of the Town of Ithaca Planning Board duly adjourned at 10:45 a.m. Respectfully submitted, Mary Bryant, Recording Secretary, Nancy M. Fuller, Secretary, Town of Ithaca Planning Board. • ' x - •'T c cl; Tot::+r1 ctt I thia.ca. .. ... -.. .. r'i ��d''m. _ -_ - ---- - _ a.nn i nu ED'o -ard .dt1•� . tl. . -... _.- - r�s ,ra.c- r-- ..— .....c- ...- ..,. -. —_ ...c_ -�- Fr c lm ; F a. } -r- -i c i B. D e E: -a r G i 1 b e r }, ot:':+ n 1= r o f T own ;_I t I t h l_ a t a:. .a. p.a r ce l l''1_ a1 T._.� r a. �h r1n 1,1_i: El 111 _ . Re : The 11od i f i ca.t ion of the Lot l i nes of h the i i'tl.tl� n 1' _. _f 1 t y,. 1 I -a I_ .a. I •a..-% y p 1. r [ e 1 '= i •�'� 1 . ; — � _ � r_ j � 1 '_� � �' .a. rl 1� t 1 i 1 I� I_ ._I; � + � t , .ti. t _ 1 — T a a q h .a n n v di n ;_II:':I rI .a, 'C 11 L a. e t .1 pr'1j c t • - -- ? _, 1_I`I.iec} t,� }FIP p ^cicio =.ed modi f i ca .t i clns.. The'_.e rrl .1�1 f i c-at i on'= 1.2.ol" I d create three "non — conform i na" 1 cjts a:,.h,ere there once i:siere on] ,r tk -tj o It would take the 1 ove 1 Y lot rie;:: *_ to mine and m.a.k:e i t a substandard size. I obi ec} th i s on the 1c;1r1_:unds that there i'_ no compel 1 i n reason to do it! iher'e a. r'e n.l "pr. }il l -4 i U f i., r-,1 ,1 unnecessary hardships", (Article )'IV, Sect.._77, No.r'). If = change is necessa.r;: what makes- more sense.:, --i -s the idea .promoted by the Erie i ronmen ta.l Review 'Committee, that is, to create t1,.o "conforming" lots. Your granting of this variance would represent a step - back1,.aa.rd to a. time v)hen 1 of s zes were haphazard, wer -e.- not we11 thought out, and vier•e certainly not well planned. There t ;-ji 1 1 obviously be a negative impact of this - - modification, Liu'= : from the 'a.ta.ndpo.i nt of congest ion - esthetic =. and noise. It 1,1:1i 11 indeed be detrimental to - the -- - ° general. amen i t,:• 'or neighborhood char-ac ter". (Art i 1 e XIV r Sect .77, No 7)a I 1 As some one t:lha l i yes on one of thosE substandard sized lots, I earl tell you that it is decidedl -y disa.dvanta.geou -S Frank .l;. the southern shores of Cayuga Lake have somewhat of a. tenement housing Kind of atmosphere;- These conditions are not desirable . If :,ou truly ,. care about the Duality of , the env i ronment - - - on Cayuga Lake, you ti-:1 i 1 l adhere to your oral n ordinances., _ maintain guidelines that make sense, not al 1 n �1 someone to squeeze three hclmes into a _pace here there ought to be • tWkn -t Cayuga Lake; is a. beautiful lake. It deserves better __,p l a.nn i ng than this. - .- .. ... -.. .. > ` -... - :• • -._. _•.� _. ... _ .... ...; __�T.... ��d''m. _ -_ - ---- - _ .. .dt1•� . tl. . -... _.- - r�s ,ra.c- r-- ..— .....c- ...- ..,. -. —_ ...c_ -�- r i:epurt Of Ei: Conuuattee, 12 Julll: 1991 mt (cunt.) . projects scheduled for i12 Planning Board meeting -�'� Weisburd: "Laketop" subdivision (boundary "adjustments" Development Review Application (24 May 1991-)... -- corrections needed Owner -- listed as Jerold Weisburd and Sill-Ling Chaloemtiarana; however, at the time of this application Weisburd was not an owner; therefore, this is inaccurate Engineer -- althougt'a telephone number -is given, there is no name .filled in, so this is incomplete Est. site improvement cost: $1.0,000 -- what is this for? .n ea to the ZBr5 /30 A - his is supposed to state how "strict observance of the Zoning Ordinance would impose PRACTICAL DIFFICULTIES and /or UNNECESSARY HARDSHIP11; it demonstrates neither.. �I Short EAF HRm1JxxxnxxEEti0HH (5/24) -- needs corrections t.I.:S does not reveal "current and future construction plans, and other relevint information. Apparently Mr. Weisburd intends to tear down the "c:ottage" shown on the map and "recycle" what materials he can; similarly, the garage is "likely" to come down ---all with °the general intention of building on each of the three lots '(sates 1, 2, and 3 on the map) ,A*L�T m^ler-4114 :� 3 correctly says that the proposed action will not comply with zoning, but ° w` incorrectly sa}j`s that. t }ic lots do not meet minimum lot size. In ;aft, lot i. 3, owned by Chaloemtiarana, is a lecra' ly conformin i_Ot. ; the proposal wqIuld make it into a non- conforriin lot. I..ots .1 and '? which t^7eisburd1lplans to become the owner of on 14 June, are the 0: non- conforminhllots in this proposal. Mr. ieisburd is proposi.n; 44 .............. _.............. .... .........: .................. .......... .._._.._. ... ........... ................... ............. .._...-- _ ............. 44 U • • MEMORANDUM To: Planning Codes and Board Or,dina�nces Committee July 1, 1991 From: John Czamanske, Planning Technician T Subj: Itinerant or mobile retail operations. Over the course of the;llast few months there have been two instances where peoplelhave wanted to set up and operate "mobile" food units in the Townl. In both cases the Zoning Enforcement Officer requested that operations be ceased unless and until an approved site plan coud-be obtained. Some people feel that there might be a better way to deal with these kinds of proposals than through site plan review. I've been asked to prepare this memo in order to describe the problem for you, outline the major issues, and identify some of the possible options. Please consider this matter and provide recommendations. The Problem. Mobile food operations present a problem because they are not specifically provided for in the Town of Ithaca Zoning Ordinance or any other of our local laws. For lack of any better or available enforcement vehicle, the Zoning Enforcement Officer has been forced to interpret the Zoning Ordinance to include these operations. This has made it possible to disallow mobile food operationsldue to the lack of approved site plans. The Issues. * The first issue which there should evenilbe m (It must be said here in against them. IConc they are safe andlothe nee obi tha ern rwi ds to be examined is whether or not le food operations in the Town. t, so.far, few people have weighed s have been focused more on whether se done "right ".) * If the Town wanted to ban mobile food operations, then it should be done by!Iway of a Zoning Ordinance amendment or a specific local law. If not formally banned, the case could be made that a mobile food operation is a restaurant, which is an allowed usejin certain commercial zones. * If mobile food 4 operations are allowed, should there be a cap on the number of units in the Town or in any one district? 11 * In what districtsllshould mobile food operations be allowed? * What other kinds of mobile retail or street vending might be appropriate in the Town and how might they be controlled (eg. flea markets)? 11 1 * Finally, if mobile food units are not disallowed, what is the most feasibleimechanism for reviewing, approving, and overseeing them? i r The Options. Very broadly, there are three approaches for reviewing, approving, and overseeing mobile food operations: a • vendor permit process administered b; staff, a modified site plan review process, or full site plan review. Many municipalities use a permit or licensing process to deal with street vendors and mobile retail operations. Such an approach is similar to that used under the Town's Sign Ordinance. If an applicant meets all of the criteria spelled out by the ordinance then a permit is granted; a ministerial action. Only if the proposal is outside the bounds so stipulated by the regulations would it then go to the Planning Board for a decision. (For example, if a building permit is needed on a site located in a business district, site plan review is automatically required by the Zoning Ordinance.)' The main issues regarding permits for mobile food operations revolve around what criteria would be used for the determination and who would be given the responsibility for decision - making. (Criteria might include a maximum vehicle size, landowner's approval, county health department approval, vehicle removed from site daily, no adverse impacts on traffic circulation (on and off - site); sufficient parking, adequate means for dealing with trash, etc. As for decision- making, a single person might be given the responsibility (the Toy -in Planner for example) or it could be held by a small group of staff people (maybe the Planner, Engineer, and Zoning Officer).) A modified site plan approval process could be developed which would allow��for some discretion on the part of the Town in reviewing�lproposals. Maybe the Planning Board Chairperson couldllbe given the authority to dispose of such applications without having to take up time at meetings of the full board. • The full sit discussed be The question time- consumi e plan process option does not really need to be causeipeople already know what this involves. is whether this process is too involved and ng for such proposals. In summary, the foregoing has provided you with a brief introduction to the problem and the issues, as well as some of the possible approaches which the Town could take. What should be done to deal with mobile retail operations?