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HomeMy WebLinkAboutPB Minutes 1994-08-02The Town of Tuesday, August Ithaca, New York TOWN OF ITHACA PLANNING BOARD AUGUST 2, 1994 Ithaca Planning 21 1994, in Town at 7:30 p.m. FILED TOWN OF ate 11,4.11 �,O mot! Board met in regular session on Hall, 126 East Seneca Street, PRESENT: Chairperson Robert Kenerson, Gregory Bell, Eva Hoffmann, James Ainslie, Herbert Finch, Candace Cornell, Stephen Smith, George Bayer, Jonathan Kanter (Town Planner), Daniel Walker (Town Engineer), Hugh Kent (Attorney). ALSO PRESENT: Bill Hilker, Mary Raponi, Joyce Cox, Harold Cox, Frank Raponi, Robert Andree, James Rogan. Chairperson Kenerson declared the meeting duly opened at 7:30 p.m. and accepted for the record the Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on July 25, 1994 and July 27, 1994, 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 Clerks of the City of Ithaca and the Town of Ulysses, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Assessment Department, and upon the applicants and /or agents, as appropriate on July 28, 19949 Chairperson Kenerson read the Fire Exit Regulations to those assembled, as required by New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM: PERSONS TO BE HEARD. Chairperson Kenerson asked if anyone from the public wished to speak. No one spoke. Chairperson Kenerson closed this portion of the meeting. Chairperson Kenerson introduced Mr. George Bayer as the new member of the Planning Board, and welcomed him to the Board. Board Member James Ainslie, as a member of the interviewing committee, also welcomed Mr. Bayer. Board Member George Bayer addressed the Board and stated that he was pleased to be a member of the Board and that he would do his best. There being time before the scheduled Public Hearing, Chairperson Kenerson asked that the Board members consider approval of the July 19, 1994 Planning Board Minutes, and asked if anyone were prepared to offer a motion. AGENDA ITEM: APPROVAL OF MINUTES - JULY 19, 1994. MOTION by Herbert Finch, seconded by James Ainslie: Planning Board Minutes 2 - August 2, 1994 - RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of July 19, 1994, be and hereby are approved with the following corrections. On Page 6, Last Paragraph, Last Sentence - the last word should be changed from "tank" to "table ". On Page 7, Paragraph 6, read as: "Board Member Candace Cornell asked if Mr. Varn had any plans for roads to go through the Town of Ithaca from this development, as in access to Route 79." Was changed to read as: "Board Member Candace Cornell asked if Mr. Varn had any plans for roads to go through the Town of Ithaca from this development, as an access to Route 79." On Page 16, under Approval of Minutes - May 25, 1993; Board Member Eva Hoffmann stated that she had abstained from the vote on these minutes because she was not a member of the Board at that time. Ms. Hoffmann' s name was moved to Abstain, and the motion was changed to be denied. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Hoffmann, Finch, Ainslie, Cornell, Smith, Bayer. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Kenerson then asked if anyone were prepared to offer a motion for the approval of the Minutes of the May 25, 1993 Planning Board Meeting. APPROVAL OF MINUTES - MAY 25, 19930 MOTION by Candace Cornell, seconded by Herbert Finch: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of May 25, 1993, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Cornell, Bell, Smith, Finch, Bayer. Nay - None. Abstain - Hoffmann, Ainslie. The MOTION was declared to be carried. Planning Board Minutes 3 - August 2, 1994- PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 42 0964 AND 0.70 CODDINGTON ROAD, OWNER /APPLICANT. -1 -9.14, 1.43 ACRES IN RESIDENCE + /- ACRES IN SIZE, INTO TWO SIZE RESPECTIVELY, LOCATION DISTRICT R -15. FRANK J. PARCELS, AT 346 RAPONI, Chairperson Kenerson declared the Public Hearing in the above - noted matter duly opened and read aloud from the Notice of Public Hearing as posted and published and as noted above. Harold Cox of 348 Coddington Road, addressed the Board and stated that he lived along the right of way that Bolton Point has. Mr. Cox stated that his only concern was who was going to maintain the right of way if it is used for this subdivision. Frank Raponi addressed the Board and stated that the land was owned jointly with his son, who has since passed away. Mr. Raponi stated that before he passed away, he had gotten the legal work needed to extend his present driveway on the north side of his house back to the lot that was his. Mr. Raponi stated that he wanted to have the utilities put on the back lot prior to putting the driveway in for that lot. Attorney Hugh Kent asked Mr. Raponi if both lots were owned by the Estate of Stephen Raponi. Mr. Raponi responded that he did not own the house he was living in, but that he was the legal guardian for Stephen Raponi's children. Mr. Raponi stated that the house would never belong to him because it belongs to Stephen Raponi's children. The children will not be able to do anything with the house until the youngest child is at least 21 years of age, which will be in ten years. The lots are deeded in the name of the estate. Attorney Kent stated that both parcels are owned by the Estate of Stephen Raponi. Attorney Kent suggested that the Planning Board consider making Parcel B into a flag lot where the right of way on the north side of the properties would not be a right of way over parcel A but would become part of parcel B. Attorney Kent stated that the idea was that if, at some point in the future, you have different parties owning the two parcels that do not get along, there would be a stronger claim to access for Parcel B. Attorney Kent stated that parcel A could get access anywhere along the frontage they have on Coddington Road. Board Member Stephen Smith asked what the status of the existing gravel roadway was. Chairperson Kenerson stated that he did not know how the Town of Ithaca could issue a building permit when there is no conforming lot or a lot that could be used. Town Planner Jonathan Kanter stated that the question of the zoning compliance was different from the question of the possibility of access. Mr. Kanter stated that there were two Planning Board Minutes 4 - August 2, 1994- feasible ways of access to the property; one that is shown on the easement over the driveway, and the other possibility being on the existing gravel roadway to the water tank. The zoning compliance question is another matter being that Parcel B does not have sufficient frontage on a public street, which would be the primary non - compliant factor. Chairperson Kenerson asked if the driveway was already in existence. Mr. Raponi responded, yes. Board Member Candace Cornell stated that the Planning Board could grant approval for a flag lot and then take that much land out of Parcel B and give it back to Parcel A. Ms. Cornell asked Mr. Raponi if he purchased the land together with his son. Mr. Raponi responded that they bought the parcel together with the idea that the land would be split in half. Board Member Stephen Smith asked if it was ever split in half. Mr. Raponi responded, no. Board Member Candace Cornell asked why is all of the land in the name of the estate? or is it just half the rights to the land in the estate? Mr. Raponi .responded that he never had anything to prove that he had any real ownership of it. Town Engineer Daniel Walker stated that it was never subdivided and that this is a proposed subdivision. The estate owns the entire parcel now and the question should be whether Mr. Raponi's intention is to purchase Parcel B from the estate. Mr. Raponi stated that he had already paid for it. Mr. Walker asked if there would be a transfer of title from the estate to Mr. Raponi. Mr. Raponi responded, yes. Mr. Walker stated that he thought that there was some confusion a couple of years ago when the property was bought, as far as the need for the subdivision approval for the back lot by the Planning Board. Mr. Raponi stated that on the original map drawn up by George Hanford, who surveyed the land, it was split as Parcel A and Parcel B. Mr. Raponi stated that the map was never registered. Chairperson Kenerson asked if the 60 foot right of way was the only access to the back lands of Lillian Raponi. Mr. Raponi responded, yes. Planning Board Minutes 5 - August 2, 1994- Mr. Walker stated that there was additional access to the lot further north on Coddington Road. Mr. Walker stated that just to the north of the parcel in question, there is frontage of approximately 200 feet that the back lot parcel has on Coddington Road which is another option for access to the large parcel owned by Lillian Raponi. Mr. Walker stated that across from Juniper Drive there is an additional 60 foot right of way. Mr. Raponi stated that they were not developed roads, just access points. Board Member Stephen Smith addressed Mr. Walker and asked if the gravel roadway was a legal Town road. Mr. Walker responded that he did not think that the roadway had ever been dedicated or accepted by the Town Board as a road. Mr. Walker stated that the Town has a watermain there, and a watermain easement to the tank at the end of that roadway. There was sketch plan of a proposed subdivision that showed the gravel roadway as a road and a number of other roads laid out. Mr. Raponi stated that when it was first proposed, the right of way was only 20 feet wide, and now it is 60 feet wide. Mr. Raponi asked how it went from 20 feet to 60 feet. Mr. Walker stated that he believed that at the time of the subdivision of Stephen Raponi's land from Lillian Raponi's land, that the Town made that easement 60 feet wide. Mr. Walker stated that when the subdivision was granted that there was a requirement that the reserved strip be 60 feet. Board Member Candace Cornell stated that she was confused about Mr. Raponi's ownership or rights to own the property, and is it in the interest of the children to subdivide the property. Ms. Cornell asked who has the legal authority to make the decision. Attorney Kent responded that more information would be needed from Mr. Raponi to make that decision. Attorney Kent stated that the Estate owns Parcel A and Parcel B and that Mr. Raponi is acting as the purchaser asking for the subdivision approval. Board Member Candace Cornell asked what the distance from the present house to the driveway was. Ms. Cornell asked if Parcel B was made into a flag lot would Parcel A still be a conforming lot. Attorney Kent responded, yes. Town Planner Jonathan Kanter stated that the sideyard requirement for Resident District R -15 would be a minimum of 15 feet. Board Member Eva Hoffmann stated that she had a question about the environmental review done by Assistant Town Planner George Frantz, under Item C4, where it reads: "The proposed "Parcel B ", if approved, would be one of a number of similar lots in the area, including a lot with an existing home immediately across the "60 Planning Board Minutes 6 - August 2, 1994- ft. Reserved Strip" shown on the submitted survey." Ms. Hoffmann asked if that meant that some of the lots which are not fronting on Coddington Road, but instead on the 60 foot right of way, have houses on them. Ms. Hoffmann stated that there were four or five lots fronting on the right of way, and asked which house Mr. Frantz was referring to. Town Planner Jonathan Kanter stated that one way to handle the problem of frontage on a public road is to grant the subdivision approval, conditioned on the grant of any required variances or other approval by the Zoning Board of Appeals with respect to frontage on a public road, prior to the signing of the plat by the Chairman of the Planning Board. Mr. Kanter stated that it would need to go to the Zoning Board of Appeals anyway, and it is generally not good practice to completely formalize a subdivision until it does meet zoning requirements. Board Member Stephen Smith asked what the possibilities he was advised to put a chain up and were for getting a right of way down the gravel roadway for Parcel B. Attorney Hugh Kent stated that if the right of way were granted down the existing gravel road it would provide access but it still would not provide the required road frontage because it is not a Town road. Attorney Kent stated that his suggestion with the flag lot was simply that it provides a stronger legal right to the access in the future, which would come from a deeded access. Parcel A would have access along the road frontage on Coddington Road. Board Member Candace Cornell stated that if the Board was going to take land out of Parcel A, then the Board should trade land between Parcel A and Parcel B and keep them the same proportions that they are. Mary Raponi, daughter of Lillian Raponi, addressed the Board and stated that there was not a 60 foot right of way, and that she has been unable to determine ownership of it. Mr. Raponi stated that he was advised to put a chain up and let the Town of Ithaca prove who owns it. Bill Hilker of Burns Road, addressed the Board and stated that his brother owns the parcel near the proposed subdivision. Mr. Hilker stated that the Town of Ithaca had approached Mr. & Mrs. Raponi to purchase the water tower road and the water tower site, but at that time Mr. Raponi did not want to sell it. Then the Town of Ithaca started condemnation proceedings to acquire that 20 foot strip of land. In the turn over of the Board, this was never acted upon. The Town of Ithaca never acquired any title to that property. Mr. Hilker stated that the 60 foot right of way is still owned by the Raponi Estate. Chairperson Kenerson stated that somewhere the ownership had to be recorded. Mr. Cox stated that he had a handwritten deed which dated back Planning Board Minutes 7 - August 21 1994 - to 1913 which stated that there was a 50 foot right of way back then. Attorney Hugh Kent addressed the Board and stated that Parcel B needs to have 60 feet of road frontage. Attorney Kent stated that the Board could ask the applicant to take care of the variance first and then come back to the Planning Board for subdivision approval. Attorney Kent stated that the most the Board could do was approve the subdivision conditioned upon a variance, because otherwise the Board would be creating a subdivision with a non- conforming lot. Board Member Stephen Smith stated that the applicant Mr. Walker may want to adjust the North /South Boundary lines to make up for the transfer of property used to create road frontage for Parcel B. Mary Raponi asked if a house must be built in order to get a subdivision approved. Chairperson Kenerson stated that the lot must be created that would be usable, and a landlocked lot without road frontage is not considered usable. Town Planner Jonathan Kanter stated that banks look at access in transfers of lots when considering a mortgage. There was some discussion regarding the lots that were located near the proposed subdivision that were landlocked and /or non- conforming lots because of the lack of road frontage. Town Engineer Daniel Walker addressed the Board and stated that in 1991 the Town of Ithaca looked at the entire Lillian Raponi parcel and at that time Mrs. Raponi did not wish to deal with the issue of the right of way to the water tank. Mrs. Raponi simply wished to separate a piece of land off so that Stephen Raponi could build his house and have it legally owned by himself. The Town of Ithaca discussed this with Mary Raponi, who was acting formally as Lillian Raponi's agent and there was some thoughts of applying for subdivision for a portion of the remaining backlots. The Town staff met with Mary Raponi to discuss some of the options, and at that point she said that she would have to think about it. It has not come before Town staff or the Town Board since then, one of the requests of the Planning Board during review of the 1991 subdivision was that the lot for Stephen Raponi be placed, and the boundaries put so that there would be at least 60 feet between the southerly boundary of the Lillian Raponi parcel and southerly boundary of Stephen Raponi's parcel. That is why there is now a 60 foot wide section of land separating those parcels. Continuing, Mr. Walker stated that there were documents that showed a 20 foot watermain easement, which is a standard watermain easement, 10 feet on either side of the watermain, up to the tank. Mr. Walker also had a 1991 referring to a mentioned in a deed to a legal issue that has map from George Hanford that was drawn in 50 foot wide roadway to the water tank the Cox's. Mr. Walker stated that this is been with the Town for quite a few years, Planning Board Minutes 8 - August 2, 1994- and the Town would like to resolve it as soon as possible. To resolve that question, Lillian Raponi would need to be involved since she owns the land in question, the Stephen Raponi subdivision appears to have no legal frontage to Parcel B and unless there was a variance it would not be a buildable lot. If the Planning Board wishes not to approve the subdivision contingent upon a variance, Mr. Walker thought that would be a very appropriate decision and that it should be taken to the Zoning Board of Appeals or preferably have the question of the right of way resolved for the satisfaction of everyone, with either a road or a public way. Chairperson Kenerson noted that this was a Public Hearing and asked if anyone else present wished to speak. No one spoke. Chairperson Kenerson closed the Public Hearing and brought the matter back to the Board for discussion. Chairperson Kenerson stated that the Planning Board had three options: 1) Defer the subdivision until 2) Reject the proposal, 3) Come up with conditions for the needs for this to become ready Appeals to get a variance. the issues were cleared up, approval that would clear up to go to the Zoning Board of Town Engineer Daniel Walker addressed the Board and stated that normally the Planning Board could grant preliminary subdivision approval conditioned upon the receipt of a variance from the Zoning Board of Appeals. Planning Board Member Gregory Bell stated that granting preliminary approval would be approving something that has not yet been seen by the Planning Board. The Board discussed the options before them with regard to the proposed subdivision of the Estate of Stephen Raponi. Based on that discussion, the Chair asked if anyone were prepared to offer a motion. MOTION by Stephen Smith, seconded by Herbert Finch: WHEREAS: 10 This action is Consideration of Preliminary Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 42 -1 -9.14, approximately 0.70 located at 346 Estate of Stephen and 1.43 + /- and 0.64 Coddington J Raponi, +/- acres in size, into 2 parcels, + /- acres in size respectively, Road, Residence District R -15. Owner; Frank J. Raponi, Applicant, 2. The Planning Board, at a Public Hearing held on August 2, 1994, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, subdivision Road, a Part II plat entitled Town of Ithaca, prepared by the Town Planning staff, a "Survey Map, No. 346 Coddington Tompkins County, New York," prepared by Planning Board Minutes 9 - August 2, 1994 - T.G. Miller, P.C. Engineers and Surveyors, and dated June 2, 1994, and other application materials, and 3. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Subdivision Approval, has, on August 2, 1994, made a negative determination of environmental significance. NOW, THEREFORE, BE IT RESOLVED. 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary Subdivision Approval, as shown on the Preliminary Plat Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board. 2. That Preliminary Subdivision Approval of Town of Ithaca Tax Parcel No. 42 -1 -9.14 is granted subject to the following conditions. a. The easement area shown on Parcel A be redrawn as part of the actual lot area of Parcel B to create a flag lot, so that Parcel B has 20 feet of frontage on Coddington Road; b. The lot lines of Parcels A and B be adjusted to even up both parcels to avoid creating additional non - conformities of either Parcel A or Parcel B; c. A letter be provided by the applicant stating that he is formally acting as the agent of the owner of Tax Parcel No. 42 -1 -9.14; and d. The applicant obtain any required variances from the Zoning Board of Appeals with respect to the lack of required frontage on a public road, or relating to any other zoning non - conformities of either Parcel A or Parcel B, prior to obtaining Final Subdivision Approval. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Hoffmann, Ainslie, Finch, Smith, Bayer. Nay - Cornell. The MOTION was declared to be carried. MOTION by Stephen Smith, seconded by Herbert Finch. 1. This action is consideration of Preliminary Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 42 -1 -9.14, 1.43 +/- acres in size, into 2 parcels, 0.70 + /- and 0.64 + /- acres in size respectively, located at 346 Coddington Road, Residence District R -15. Estate of Stephen Planning Board Minutes 10 - August 2, 1994- ) Raponi, Owner; Frank J. Raponi, Applicant, 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 Subdivision Approval, and 3. The Planning Board, at a Public Hearing held on August 2, 1994, 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, a subdivision plat entitled "Survey Map, No. 346 Coddington Road, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller, P.C. Engineers and Surveyors, and dated June 2, 1994, and other application materials, and 4. The Town planning staff has recommended a negative determination of environmental significance with respect to the proposed action, 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, neither a Long Environmental Assessment Form, nor an Environmental Impact Statement will be required. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Hoffmann, Ainslie, Finch, Smith, Bayer. Nay - None. Abstain - Cornell. The MOTION was declared to be carried. Chairperson Kenerson declared the matter of the consideration of Preliminary Subdivision Approval for the Estate of Stephen Raponi duly closed at 8:46 p.m. AGENDA ITEM. CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS ON REQUESTED SIGN VARIANCES ON TOWN OF ITHACA TAX PARCEL NO. 62 -2 -1.13, 0.83 + /- ACRES, LOCATED AT 1000 JUDD FALLS ROAD, BUSINESS DISTRICT D. ROBERT ANDREE, OWNER /APPLICANT. Chairperson Kenerson declared the above -noted matter duly opened and read aloud from the Planning Board agenda. Attorney Hugh Kent addressed the Board and stated, for the record, that Attorney John Barney represents Mr. Andree and for that reason he was excusing himself from participation in this matter. Planning Board Minutes 11 - August 2, 1994- Board Member Eva Hoffmann asked what the height would be from the pavement to the top of the canopy. Robert Andree responded that the building would be 18 feet high with the canopy attached. Board Member Stephen Smith asked if a sign that large was needed because there was no competition to attract business from. Mr. Andree's gas station is the only gas station in the area. Board Member Candace Cornell asked Mr. Andree how high the free - standing sign would be from the ground. Mr. Andree responded, 20 feet. Mr. Andree stated that Citgo has an imaging program, and they determine which sign your operation needs. The sign proposed, is only 20 feet tall, and that the corporation wanted Mr. Andree to have a sign 30 feet tall. The proposal is for 5 feet wide, and Citgo wanted it to be 7 feet wide. Mr. Andree stated the sign proposed is scaled down from what Citgo requested of him. Board Member Stephen Smith asked if the sign would be lighted. Mr. Andree responded that it would be internally lit. Board Member Eva Hoffmann asked if the building and canopy would be lit as well. Mr. Andree stated that there were overhead lights under the canopy. Ms. Hoffmann asked if the lights would be on all night. Mr. Andree responded, no, but that there would be night lights on in the building, for security. Ms. Hoffmann stated that she was concerned about the traffic situation. Ms. Hoffmann stated that she hoped that there would not be any traffic through the gas station. Mr. Andree responded that the entrance to the station on Judd Falls Road has been slowed to about half the flow that there used to be, and that the entrance between the gas station and East Hill Plaza would be 60 feet with speed bumps. Board Member Gregory Bell asked if the entrance off Judd Falls Road was going to be leveled off. Mr. Andree responded that the entrance would be more level and somewhat smoother, although it would not be built up as high as possible to allow for drainage. Board Member Candace Cornell asked if the placement of the sign would be a safety hazard. Town Planner Jonathan Kanter responded that the location main Planning Board Minutes 12 - August 2, 1994- free - standing sign was approved on the site plan and that it is in a good location far enough back from the intersection. Board Member Gregory Bell stated that there was a tree at the northern part of the site, which had been bulldozed and asked if there was a reason for that. Mr. Andree stated that it was in the expanded blacktop area. Mr. Bell stated, for the record, that he liked the tree there for buffering for the whole plaza. Mr. Bell continued, for the record, and stated that it annoys him that large corporations can dictate the sign look. There is an implicit assumption by the corporations that they can dictate the look of the Town of Ithaca's signs. Board Member James Ainslie stated that the corporations hire very expensive people to tell them what brings in business. Mr. Bell stated that the size of this sign goes beyond the spirit of the look of that part of the Town of Ithaca. Mr. Andree stated that the sign he is proposing, which has been scaled down from what the corporation wanted, he is ending up with 25 feet less than he is allowed under the Town of Ithaca Sign Law. There appearing to be no further discussion, Chairperson Kenerson asked if anyone were prepared to offer a motion. MOTION by Candace Cornell, seconded by Stephen Smith: RESOLVED, that the Town of Ithaca Planning Board, acting as the Town of Ithaca Sign Review Board, recommend and hereby does recommend to the Board of Zoning Appeals that the request for sign variances and /or permits for one free standing sign and several additional signs, including spandrel signs mounted on the canopy columns and a convenience store identification sign, as described in a letter from Andrew Frost to Robert Andree, dated July 18, 1994, be granted. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Hoffmann, Ainslie, Finch, Cornell, Smith, Bayer. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Kenerson declared the matter of the Recommendation to the Zoning Board of Appeals with regard to the sign for Robert Andree duly closed. AGENDA ITEM: CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS ON A REQUESTED SIGN VARIANCE ON TOWN OF ITHACA TAX Planning Board Minutes 13 - August 2, 1994 - PARCEL NO. 40 -4 -2 LOCATED AT ROGAN'S CORNER, 825 DANBY ROAD, BUSINESS DISTRICT A. JAMES ROGAN, OWNER /APPLICANT. Chairperson Kenerson declared the above -noted matter duly opened and read aloud from the Planning Board agenda. James Rogan addressed the Board and stated that there was no record of his receiving a sign permit ten years ago. Mr. Cogan, from Cogan Associates, designed the sign, who then commissioned Rudy Christopher to put the sign up. Mr. Rogan stated that he talked to Mr. Christopher who thought that he had a permit for the sign but could not find it, so Mr. Rogan called Mr. Cogan and Mr. Cogan thought that Mr. Christopher had the permit. Mr. Rogan stated that he has gone ten years without a permit and would like to get one now. Board Member Candace Cornell asked if the sign conformed with the Town regulations. There Town Engineer Daniel Walker stated that it does are two signs there on one installation that and does not. are 24 square feet states each. Mr. Walker stated that you shall take that the Town of Ithaca Sign Law the longest extension of any portion of the sign, width so the height of is actually 12 feet, the sign is actually nine feet and the which makes it exceed 50 square feet. There appearing to be no further discussion, Chairperson Kenerson asked if anyone were prepared to offer a motion. MOTION by Herbert Finch, seconded by Candace Cornell: RESOLVED, that the Town of Ithaca Planning Board, acting as the Town of Ithaca Sign Review Board, recommend and hereby does recommend to the Board of Zoning Appeals that the request for a sign variance for one free standing sign be granted. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Hoffmann, Ainslie, Finch, Cornell, Smith, Bayer. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Kenerson declared the matter of a recommendation to the Zoning Board of Appeals with regard to the sign variance at Rogan's Corner duly closed. Planning Board Minutes 14 ADJOURNMENT - August 2, 1994- Upon MOTION, Chairperson Kenerson declared the August 21 1994 meeting of the Town of Ithaca Planning Board duly adjourned at 9:06 p.m. 8/5/94. Respectfully submitted, Ai -WJ StarrRae ays, Recording Secretary, Town of Ithaca Planning Board.