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HomeMy WebLinkAboutPB Minutes 1993-03-161• FINALTOWN OF ITHACA PLANNING BOARD 0993, MARCH 16, 1993 FILED IT(-5W-- OF ITHACA r The Town of Ithaca Planning Board met in regular session on Thy; in Town Hall, 126 East Seneca Street, Ithaca, New York.�.�0 p.m. PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, Herbert Finch, Stephen Smith, Candace Cornell, William Lesser, Dan Walker (Town Engineer), Floyd Forman ( Town Planner) , George Frantz ( Assistant Town Planner) , John Barney ( Town Attorney) . ALSO PRESENT: Attorney Bill Seldin, Peter Novelli, Jack Roscoe, Jim Hilker, Bill Hilker, Tim Terpening, Noel Desch, Fred & Margaret Rolfe, Roger Battistella, Richard Berggren, Dave Auble, Alfred Eddy, Tom Bell, Karl Niklas . Chairperson Grigorov declared the meeting duly opened at 7:42 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 March 8, 1993 and March 11, 1993, 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 City of Ithaca, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Assessment Department, upon the NYS Office of Parks, Recreation & Historic Preservation, upon the NYS Department of Transportation and upon the applicants and /or agents, as appropriate, on March 15, 1993. Chairperson Grigorov read the Fire Exit Regulations to those assembled, as required by the New York Department of State, Office of Fire Prevention and Control. OUBLIC HEARING: CONSIDERATION OF SITE PLAN APPROVAL FOR THE PROPOSED CONVERSION OF 49000 + /- SQUARE FEET OF AN EXISTING 121000 + /- SQUARE FOOT BUILDING FROM WAREHOUSE USE TO RETAIL USE ON TOWN OF ITHACA TAX PARCEL NO. 33- 3 -2.8, LOCATED AT 612 ELMIRA ROAD, LIGHT INDUSTRIAL DISTRICT. THOMAS BELL, OWNER /APPL.ICANT. Chairperson Grigorov declared the Public Hearing in the above -noted matter duly opened at 7:45 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Bill Seldin, attorney to represent the owner, Tom Bell, addressed the Board. Attorney Seldin thanked Floyd Forman and his staff for their help and patience. The focus of attention was the 4,000 square feet -- 2,000 square feet used for Proctor & Gamble display dating back 50 years, and the other 2,000 square feet being used by Roscoe's furniture office. Attorney Seldin showed specifically what the space is used for as requested by the Board. Peter Novelli, architect, addressed the Board regarding the site plan and showed an enlarged map of the Bell warehouse with basic changes showing Proctor & Gamble's 2,000 square feet and Roscoe retailing with 2,000 square feet. Mr. Novelli stated that the parking plan would remain unchanged with respect to truck parking and employee parking. Mr. Novelli stated that there would be landscaping changes with additional trees and shrubbery. Mr. Novelli stated that the building is split into three bays. There are no side doors, but there is a total of six doors, three of which access Roscoe's. 0 Town Engineer Dan Walker asked Mr. Novelli why Mr. Roscoe's space is labeled retail when it is an office. Town Planner Floyd Forman replied that it is retail sales. Town Attorney John Barney asked what is being sold as retail. Mr. Novelli responded that furniture and cabinets are sold at retail. Attorney Barney asked if it were a display area. Town of Ithaca Planning Board March 16, 1993 iMr. Novelli stated that Mr. Roscoe's space is also an office area. Mr. Roscoe's customers come into the display area and discuss purchases. Mr. Novelli stated that there is no manufacturing taking place in the 2,000 square foot space of building, however, manufacturing does take place in the 8,000 square feet space within the building, which is marked as Light Industrial. Assistant Town Planner George Frantz asked Mr. Roscoe to characterize the typical customer. Mr. Roscoe stated that the typical customer is the institutional buyer, architectural person, general contractor, developer, building owner, etc.. Board member William Lesser asked if Mr. Bell would come back to the Board with any further changes of retail status. Mr. Bell responded that there would be no changes. Chairperson Grigorov noted that this was a Public Hearing and asked if there were any further comments from the public or if there were any questions. No one spoke. Chairperson Grigorov closed the Public Hearing and brought the matter back to the Board for further discussion. Town Planner Floyd Forman responded that the Board s ordinances at face value, which allowed 2,000 square feet for remainder to be used by Mr. Roscoe in Light Industrial use. • Mr. Roscoe stated that 10,000 square feet is being used feet is being used for furniture making and 2,000 square feet space . houl.d take the zoning retail /office use, and the as follows: 8,000 square is being used for office Assistant Town Planner George Frantz stated that in a letter of 2/15/93, which has been supplied by Mr. Bell, Mr. Roscoe's space is labeled as semi - commercial uses [Exhibit #1] . Mr. Frantz continued by stating that there are an estimated 60 vehicular trips per day from the warehouse and felt that it is safe to go along with what Mr. Bell has proposed. Mr. Kenerson stated that things should be left alone until the specific details could be worked out. Board member Herbert Finch stated that there is an easement at this time, and that perhaps a condition approximately should 70 vehicular be added day. to protect the right -of -way. Assistant Town Planner George Frantz stated that ITE figures 10,000 square feet would generate approximately 70 vehicular trips per day. Attorney Barney stated that the site plan was approved for commercial use and the Board cannot unilaterally change that use without getting site plan approval. Attorney Barney also stated that Mr. Roscoe's woodworking space would use a small area for retail sales. Assistant Town Planner George Frantz stated that retail use is covered in the draft resolution . 0 Attorney William Seldin stated that Mr. Bell wants to go from Light Industrial use to commercial use, which is more restrictive. Attorney Seldin understands that the Planning Department is stating that this use is alright. 2 Town of Ithaca Planning Board March 16, 1993 ® Attorney Barney stated that Mr. Bell is now requesting something different from what was originally proposed. Attorney Barney also stated that the current traffic and usage is more intense that what was originally presented to the Board. Attorney Seldin stated that the Planning Department chose to have the Bell's come back with more specific plans. Chairperson Grigorov stated that the Planning Board's concern is that the use of the building be used as planned. 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: WHEREAS 10 This action is the Consideration of Site Plan Approval for the proposed conversion of 4,000+/- square feet of an existing 12,000+/- square foot building from warehouse use to retail use on Town of Ithaca Tax Parcel No. 33- 3 -2.8, located at 612 Elmira Road, Light Industrial District, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Site Plan Approval, and 00 The Planning Board, at a Public Hearing held on March 16, 1993, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, a Part II prepared by the Town planning staff, and a site plan entitled "Site, Plan for Thomas Bell, Tax Map No. 33- 3 -2.8" prepared by Novelli and Co., Consulting Engineers, dated 12/11/92 and revised 2/5/93, and other application materials, and 4. The Town planning staff has recommended a negative determination of environmental significance with respect to the proposed site plan, as proposed; NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above reference action as proposed and, therefore, an Environmental Impact Statement will not be required. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Finch, Smith, Cornell, Lesser. Nay - None. The MOTION was declared to be carried unanimously. is 3 Town of Ithaca Planning Board SOTION by Candace Cornell, seconded by Stephen Smith: WHEREAS March 16, 1993 10 This action is the Consideration of Site Plan Approval for the proposed conversion of 4, 000 + /- square feet of an existing 12, 000 + /- square foot building from warehouse use to retail use on Town of Ithaca Tax Parcel No. 33- 3 -2.8, located at 612 Elmira Road, Light Industrial District, and 29 This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on March 16, 1993, made a negative determination of significance, and 3. The Planning Board, at a Public Hearing held on November 17, 1992 and continued on January 19, 1993 and March 16, 1993, has reviewed the Short Environmental Assessment Form Part I prepared by the applicant, Parts II and III prepared by Town planning staff, a site plan entitled "Site Plan for Thomas Bell, Tax Map No. 33- 3 -2.8" prepared by Novelli and Co. , Consulting Engineers, dated 12/11/92 and revised 2/5/93, a letter from Thomas, Bell, owner /applicant to Town Planner Floyd Forman dated February 15, 1993, with a list of proposed uses for the 4,000 sq. ft. of warehouse space proposed for conversion, and other application materials. NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 29 That the Planning Board hereby grants Preliminary and Final Site Plan Approval to a site plan for Bell's Warehouse entitled "Site Plan for Thomas Bell" prepared by Peter Novelli dated December 11, 1992, subject to the following conditions: a. Submission of an original and two copies of the final site plan for approval by the Town Engineer and the Town Planner. b. That the limited to: sales but uses allowed within the wholesale distribution; only as an adjunct to a 4,000 sq. ft. to be converted "retail" be retail or wholesale furniture and /or carpet light industrial use also located in the building; but only plumbing and heating supply as an adjunct to a light and industrial service enterprise; use also located in office space, the building. C* The remaining 8,000 feet of the building remain used only for light industrial, and up to 2,000 square feet may be used for display of industrial products. d. Submission to and approval by the Town Planner of landscaping and lighting plans prior to the issuance of any building permit. ® e. The granting of a variance by the Zoning Board of Appeals for less than the required number of parking spaces in a Business District. f . Provision of an agreement satisfactory to the Attorney for the Town in form acceptable for recording by which the applicant, his heirs, successors and assigns agree to permit limitation of ingress and egress over the existing H Town of Ithaca Planning Board March 16, 1993 ® right -of -way to one -way traffic, if required by the Town as part of the approval process of the overall subdivision. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Finch, Smith, Cornell, Lesser. Nay - None„ The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the matter of the Tom Bell Site Plan Approval duly closed. PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD WITH REGARD TO THE PROPOSED LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO ENVIRONMENTAL PROTECTION DISTRICTS FOR STEEP SLOPES. Chairperson Grigorov declared the Public Hearing in the above -noted matter duly opened at 9:00 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Chairperson Grigorov stated that this is the ninth draft. Chairperson Grigorov noted that this was a Public Hearing and asked if anyone from the public wished to speak �r had any questions. Tim Terpening addressed the Board and stated his opposition to overlay districts because there has been no information given to the public to show need for the Comprehensive Plan. Mr. Terpening felt that the Comprehensive Plan is something divisive to .restrict and stop growth. Mr. Terpening viewed the Conservation Advisory Council as a group of people who would like to see the Town of Ithaca become a "walden" - to become as close to that concept of perfect preservation of natural, open, wild and peaceful space as man can make it. Mr. Terpening also stated that he viewed the Environmental Overlay Districts as extremely divisive and ill founded. Mr. Terpening felt that there is a socialist mentality that there is perfection to private property rights. Mr. Terpening's opinion is that there is NO perfection to private property rights. Mr. Terpening then stated that someday someone will come for a building permit, and it will be impossible due to individual opinion of definitions. Mr. Terpening asked Candace Cornell for the definition of an Environmentally Sensitive Area. Board Member Candace Cornell responded that there is no technical definiti r. on of Environmentally Sensitive Area; the definition of each work as spoken. Mr. 'Terpening stated that although he agreed with Environmental Protection Districts regulations, he felt that the Board is taking away private property rights to socialize our community. Mr. Terpening then stated that there has been mention of real, estate values; when the Board writes laws to control growth and development for improving private property, the Board MUST be specific; if the Board is not very specific, the results will be absolutely devastating to property values. Board member Robert Kenerson asked Mr. Terpening where he received the information about the present districts of Zoning. Mr. Terpening responded that his opinion was secondhand information. Mr. Terpening then suggested that the Board should talk to some developers to understand 5 Town of Ithaca Planning Board 04he time and misunderstanding involved in the subdivision process. March 16, 1993 Jim Hilker addressed the Board with alternate ideas regarding Environmental Protection Districts. Mr. Hilker had made a rough draft to present to the Board, but felt it unsuitable for presentation at this time. Mr.. Hilker stated that education methods should be used instead of regulation methods by incorporating the cooperation of all residents to enable actual environmental protection instead of creating a lot of hidden degradation. Mr. Hilker stated that many residents do not know how to protect the environment of their own property, unless educated. Mr. Hilker stated that the term 15% grade should not be allowed because a 15s, grade is equivalent to the grade of a wheelchair ramp. Mr.. Hilker thinks the whole Environmental Protection Districts should be tossed out. Alfred. Eddy addressed the Board stating that he lives in Enfield and that people want to buy lots in Enfield everyday because people do not want to live in the Town of Ithaca. Mr. Eddy also stated that homes should be built on hillsides, and flat lands should be reserved for farming and wetlands. Mr. Eddy suggested that the Board go to Cornell University and see what they have done to preserve their lands. Roger Battestella addressed the Board with two concerns. Mr. Battestella's first concern was parochial because he owns a vineyard /winery and the proposed changes would put restrictions on the ability to expand in the future. Mr. Battestella felt that the amount of regulations could have crippling effects on small businesses and farming wctivities. Mr. Battestella's second concern is Open Space. Mr. Battestella felt that the ater quality issue was a convenient way for the Town to justify the preservation of open space. Mr. Battestella also stated that the regulations concerning open space are very vague. Attorney Barney stated the Mr. Battestella's agricultural uses through the vineyard are exempt; agricultural restrictions are to prevent the upset of neighboring property owners . Mr. Battestella suggested that the Board be very careful of how they specify the exemptions, to insure clarity for the public. Candace Cornell stated that the public needed more time to examine the document, and suggested continuing the hearing at another time. Chairperson Grigorov stated that she will still hear anyone who wishes to speak. Noel Desch asked the Planning Board if they had reviewed and discussed the letter mailed to the Chair on December 21, 1992. Mr. Desch wanted to continue discussion regarding the above - mentioned letter. [Exhibit #1] Mr. Desch then referred to the bottom of page 1 of the letter dated December 4, 1992, addressed to Shirley Raffensperger, Town Supervisor, from Jerry Weisburd. Mr. Desch then read into the record, "Many of us feel that a combination of the existing tools with some small amendments including the adoption of a very straight forward storm water ordinance drafted with extensive input from Town Engineering, and coupled with the continued careful review of all proposals by the highly competent staff already on hand, that we are Odready paying for, offers a much more effective and less adversarial way to deal with these questions. The EPOD legislation will not really give us the answers we need, but rather will give us a fragmented cause and effect profile of a not necessarily connected properties. For example; the properties near the tops of our hills are likely to developed last, while more flat and sloped these properties in some cases may be more likely to Town of Ithaca Planning Board March 16, 1993 Oc potential flooding and /or erosion problems, even after EPOD applications involving down stream properties have been approved, and improvements constructed for those properties . The question then becomes what do you do then when flood damages cost to those properties in the EPOD districts, whose owners were told through their approved applications that they were doing it right, who then pays for the damage? Who pays for what retention pond or does every EPOD applicant have to have one? The approach just does not make sense." Mr. Desch stated that the Town needs to take a look at what vulnerable aspects there are in each sub - drainage area; both in terms of erodability of soils, and in terms of slopes, then to look at the applicant coming in with a new proposal in the context of what development or improvement would mean in that sub -area. Before the Board can adopt additional regulations in a fragmented way, the Board must first state what the real issue is, which has not been stated in any of the nine drafts of the EPOD legislation. Mr. Desch stated that in an exchange of communication between Mr. Desch and Town Supervisor Raffensperger, it was stated that Mr. Weisburd recommended that the EPOD legislation be adopted in the same way that the adoption of the Comprehensive Plan is processed. Board Member Candace Cornell stated that' the process is not an easy process, but necessary to uphold the standards of the Town of Ithaca. Town Engineer Dan Walker stated that there is not necessarily a one to one correlation between a steep slope and a drainage problem or an erosion problem; slope is �nly one factor taken into consideration. Karl Niklas addressed the Planning Board and noted the four ways to deal with steep slopes mentioned from Town Engineer, EPOD, Mr. Hilker and Noel Desch's suggestions. Mr. Niklas stated that there have been proposals made in the history of the Town dating back to 1966, however, none of the proposals were found to be fully adequate to deal with all of the problems involved. Mr. Niklas then stated that he felt that the best proposal on the table today is the 9th draft proposal being discussed currently. The EPOD being proposed is in anticipation of intense development in those areas, and, as the low land areas and medium sloped areas begin to develop, the properties will become more and more valuable. This EPOD proposal does not attempt to restrict development or growth in those areas, it states that "as the slope increases, all other things being equal, the probability of erosion or difficulties being created by development activities down slope of those activities will increase." Mr. Niklas stated that the Board has every confidence that modern engineering technology can build on those slopes; the issue is whether or not the Board has some control over whether or not the people who are building these areas utilize the best engineering protocols and methodologies available. Bill Hilker addressed the Board and stated that there has been no basic reason to start the review process to begin with, such as real flood damage. Mr. Hilker stated that most of the people who build, build on the 15% slope areas, which means that they must come before the Planning Board for approval. Mr. Hilker felt that developers are not building in Ithaca because of the cumbersome issues that the Town puts on the developers. Mr. Hilker then stated that Shirley Raffensperger, Town Supervisor, is most concerned about trying to get affordable housing in the Town of Ithaca, which is Ompossible now because of the cumbersome process developers must go through, including extra time and money to receive approval from the Town. Mr. Hilker stated that uncertainty drives homeowners out of Ithaca to other towns to build. 7 Town of Ithaca Planning Board March 1.6, 1993 ® Mr. Hilker stated that land prices are higher in the Town of Ithaca, possibly because of the strong zoning and the strictness of the building codes. Mr. Hilker said that whatever is done to improve the neighborhood improves the land value of the parcels around the improvement. Mr. Hilker is very opposed to EPOD and requested that the Board at least have an additional public hearing to give more of the public a chance to state their opinions and try to gain a better understanding of the proposed legislation. David Auble addressed the Board stating that the EPOD is only a recommendation, and there should be some consistency with the Comprehensive Plan concerning the steep slopes in the Town of Ithaca. Chairperson Grigorov noted that this was a Public Hearing and asked if anyone else present wished to speak. No one spoke. Chairperson Grigorov adjourned the Public Hearing for April 20, 1993. There being no further discussion or comments, the Chair asked if anyone wished to offer a motion . MOTION by Robert Kenerson, seconded by Stephen Smith: RESOLVED, that the Town of Ithaca Planning Board adjourn the Consideration of a recommendation to the Town Board with regard to the proposed Local Law amending the Town of Ithaca Zoning Ordinance relating to environmental protection districts of steep slopes until April 20, 1993. ® There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Finch, Smith, Cornell, Lesser. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the matter of the proposed Local Law relating to EPOD for Steep Slopes duly adjourned. AGENDA ITEM: CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD WITH REGARD TO PROPOSED THRESHOLDS FOR TRIGGERING CONSERVATION ADVISORY COUNCIL REVIEW OF PROPOSED DEVELOPMENTS. There appearing to be no further discussion, the Chair asked if anyone were prepared to offer a motion. MOTION by William Lesser, seconded by Candace Cornell: RESOLVED, that the Town of Ithaca Planning Board recommends to the Town of Ithaca Town Board that in the matter of Proposed Local Law Redesignating the Town of Ithaca Conservation Advisory Council as the Town of Ithaca Conservation Board, that Section 2, Powers and Duties be approved as attached. ® There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Finch, Smith, Cornell, Lesser. Nay - None. The MOTION was declared to be carried unanimously. 3 Town of Ithaca Planning Board March 16, 1993 ® Chairperson Grigorov declared the matter of the Conservation Advisory Counsel review of the prepared developments duly closed. Attorney Barney spoke about Section 2 of the Ninth Draft -- Codes & Ordinances Committee (Exhibit #2), Pages 2 and 3. Attorney Barney asked that the Board keep in mind that the above - mentioned report is advisory ONLY. Board member Candace Cornell stated that since June 1992 the Environmental Review Committee has done three reviews of the Codes & Ordinance Committee Review. [Exhibit #2] AGENDA ITEM: REPORT OF THE TOWN PLANNER Town Planner Floyd Forman addressed the Board and stated that the next meeting will be held on March 23, 1993, at the NCR Cafeteria on South Hill; the meeting on April 6, 1993 will be held at the Tompkins Community Hospital, Room 101, downstairs. OTHER BUSINESS Chairperson Grigorov stated that there was no other business to come before the Board. DJOURNMENT Upon Motion, Chairperson Grigorov declared the March 16, 1993 meeting of the Town of Ithaca Planning Board duly adjourned at 11:25 p.m. Respectful) sub 0 tarrRae ays, Recog Secretary Town of Ithaca Planning Board 9 0 i f TOWN OF ITHACA PLANNING BOARD t NOTICE OF TUE561 MARCH 16 1993 By direction of the C airman of the Plannin Board, NO- TICE IS HERE GIVEN that Public Hearings will be held by the Planning Board of the Town of Ithaca on Tuesday, ' March 16 1993, in Town Hall, 126 fast Seneca Street, Ithaca, NY at the following times and on the following ' matters: 7:35 P.M. Consideration of Site Plan Approval for the proposed conversion of 4,000± square feet of an existing 12,000± square foot building from warehouse use i to retail use on Town of Ithaca Tax Parcel NO. ' -3.2 lo- cated at 612 Elmira Road, Light Industrial District. Thomas Bell, Owner/ i Applicont. i 8:05 P.M. Consideration of a recommendation to the Town Board with regard to the plo- posed Local Law Amending the Town of Ithaca Zoning Ordinance Relating to Envi- ronmental Protection Districts ; for Steep Slopes. Said Planning Board will of said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Joan L. Hamilton Town Clerk 273.1721 March 11, 1993 • 0 i f TOWN OF ITHACA PLANNING BOARD t NOTICE OF TUE561 MARCH 16 1993 By direction of the C airman of the Plannin Board, NO- TICE IS HERE GIVEN that Public Hearings will be held by the Planning Board of the Town of Ithaca on Tuesday, ' March 16 1993, in Town Hall, 126 fast Seneca Street, Ithaca, NY at the following times and on the following ' matters: 7:35 P.M. Consideration of Site Plan Approval for the proposed conversion of 4,000± square feet of an existing 12,000± square foot building from warehouse use i to retail use on Town of Ithaca Tax Parcel NO. ' -3.2 lo- cated at 612 Elmira Road, Light Industrial District. Thomas Bell, Owner/ i Applicont. i 8:05 P.M. Consideration of a recommendation to the Town Board with regard to the plo- posed Local Law Amending the Town of Ithaca Zoning Ordinance Relating to Envi- ronmental Protection Districts ; for Steep Slopes. Said Planning Board will of said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Joan L. Hamilton Town Clerk 273.1721 March 11, 1993