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HomeMy WebLinkAboutPB Minutes 1995-05-16LI 0 • . TOWN OF ITHACA ING BOARD MAY 16, 1995 FILED TOWN OF ITHACA Date -- Cler����J The Town of Ithaca Planning Board met in regular session on Tuesday,. May 16, 1995, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT. Chairperson Stephen Smith, Candace Cornell, Eva Hoffmann, Herbert Finch, Robert Kenerson, Fred Wilcox, Gregory Bell, Jonathan Kanter (Town Planner), JoAnn Cornish (Planner II) , Daniel Walker (Town Engineer) , John Barney (Town Attorney). ALSO PRESENT: Thomas Murray, David Bravo - Cullen. Chairperson Smith 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 May 8, 1995, and May 10, 1995, 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 Ithaca, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Commissioner of Public Works, upon the New York State Department of Transportation, -and upon the applicants and/or agents, as appropriate, -on May 12, 1995. (A copy of the Affidavit of Posting and Publication is attached hereto -as Exhibit - #1) Chairperson Smith read the Fire Exit Regulations to those assembled, as required by the New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM: PERSONS TO BE HEARD. There were no persons present to be heard. Chairperson Smith closed this segment of the meeting. PUBLIC HEARING. CONSIDERATION OF PRELIMINARY AND FINAL SITE PLAN APPROVAL FOR THE PROPOSED SITE PLAN MODIFICATIONS OF COURTSIDE RACQUET AND FITNESS CLUB FOR INTERIOR ALTERATIONS, INCLUDING CONVERSION OF TWO RACQUETBALL COURTS INTO A NEW AEROBICS STUDIO, RENOVATION OF A \NEW LEASED SPACE, A NEW FREE WEIGHTS AREA, NEW OFFICE SPACE, AND SWITCHING THE CARDIO AREA AND NAUTILUS CIRCUIT, SAID FACILITY LOCATED ON TOWN OF ITHACA TAX PARCEL NO. 62 -1 -5 AT 16 JUDD FALLS ROAD, BUSINESS DISTRICT C. THOMAS MURRAY, COURTSIDE RACQUET AND FITNESS CLUB, INC.; OWNER /APPLICANT. Chairperson Smith 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. IV . Planning Board Minutes 2 May 16, 1995 Thomas Murray of Courtside Racquet and Fitness Club, addressed the Board and stated that he would have the architect for the project, David Bravo - Cullen, present the site plan to the Board Members. David Bravo - Cullen addressed the Board and stated the renovations were interior other than a set of exterior stairs that would be located at the proposed new office space. Mr. Bravo - Cullen referred to a floor plan drawing which was provided to the members of the Planning staff and the Planning Board and stated that the new leased space is currently an aerobics studio. (Floor Plan is attached hereto as Exhibit #2) There would be an addition of some windows and a door to the exterior at the new leased space. Mr. Bravo - Cullen stated that other than those changes, the remaining renovations are to existing space. Mr. Bravo - Cullen stated that the existing free weights space would be expanded to a larger free weight area on the first floor. Mr. Bravo - Cullen stated that at the second level, which is currently air space, they would add another floor and a new aerobics studio. The current bar area would be removed and would become a vending machine area and a lounge. The existing kitchen would become two offices, the existing cardio area would be the location for the nautilus cir-cuit and would be enlarged from its current size by removing partitions that contain.existing offices. Mr. Bravo- Cullen stated that the cardio area which is currently downstairs will be moved to the second floor where-the existing nautilus circuit is located.. Mr. Bravo - Cullen stated that the proposal included turning an existing -- restroom into a tanning booth. Mr. Bravo - Cullen stated that there would be an office and a day care center where there is currently storage space. Board Member Eva Hoffmann asked how the outside stairway would look. Mr. Bravo - Cullen stated that the stairway would be made of steel and run along the side of the building. Board Member Robert Kenerson asked if the stairway would be within the property line. Mr. Bravo - Cullen responded, yes, within the property line. Mr. Bravo - Cullen stated that it would be right next to the property line. Mr. Kenerson asked if the Building Code allowed outside stairs. Board Member Gregory Bell asked if the stairs were to be enclosed. Mr. Bravo - Cullen stated that they were intended to be open stairs. I Planning Board Minutes 3 May 16, 1995 Board Member Candace Cornell asked what the purpose of the stairway was. Mr. Bravo- Cullen responded that the purpose of it was to gain access to the space upstairs. Chairperson Smith asked if it were intended to be a primary entrance. Mr. Bravo - Cullen responded, no, it would be used both ways. Ms. Cornell asked what kind of office would be located there. Mr. Bravo - Cullen responded it would be Mr. Murray's office to run the business. Ms. Cornell asked if the stairway was intended as a fire escape and an access to Mr. Murray's office. Mr. Murray responded, yes. Ms. Cornell asked if there were other fire e&c -apes in the building. - Town Attorney -John Barney stated that he would characterize it as an exterior stairway rather than a fire escape. Ms. Cornell asked how this fits within the Building Codes. Attorney Barney stated that he did not know how it fit into the Building Codes, that Mr. Frost would need to make that determination. Attorney Barney stated that if it did not fit within the Building Codes, they would not be able to build it. Ms. Cornell asked if the Planning Board approved it because it fit within the general planning scheme, then it would be up to Mr. Frost to determine if it is possible. Attorney Barney stated that if approved, they would still have to meet whatever the code requirements are. Town Planner Jonathan Kanter stated that he knew that the applicants have been discussing this plan with Mr. Frost. Board Member Gregory Bell stated that they already have two means of egress, and that the applicant did not need three. Mr. Bravo - Cullen stated that it was not intended to be an exit for anything other than the convenience of this office, and the reason is because Mr. Murray runs another business that is not directly associated with Courtside Racquet and Fitness Club. . Planning Board Minutes 4 May 16, 1995 Ms. Cornell asked what the other business was. Mr. Murray responded, that he has a liquor license and that he is in the bar related business. Ms. Cornell asked where the bar was located. Mr. Murray stated that the bar was coming out and that there would be a pass- through window so that the bar would not be the feature of the lounge anymore. Ms. Cornell asked where the lounge was located and where the liquor was to be stored. Ms. Hoffmann asked where the pass- through was located. Mr. Murray stated that the office was simply to manage the bar and the other business that the liquor license does. Ms. Hoffmann stated that it appeared that the access to the office was through the day care space. Mr. Bravo- Cullen .stated that was correct. and- that was an additional reason for the outside stairway to the office. Ms. Cornell asked why two of the courts were .smaller than the other courts. _ Mr. Bravo - Cullen responded that the two smaller courts were squash courts. Mr. Murray stated that he could serve more people by providing the aerobics and free weight spaces than he could by having two people in a court. Town Planner Kanter asked what kind of use he would like to see in the new leased space. Mr. Murray responded that he would like to see a travel agent, possibly sporting goods or some type of an athletic venture, or a. masseuse. Mr. Murray stated that it needed to fit with Courtside. Town Planner Kanter asked if the other business would be operated strictly outside of Courtside. Mr. Murray responded that it'would. be a separate business altogether. Town Engineer Daniel Walker stated that there was no outside entrance shown to the lease space. tb • Planning Board Minutes 5 May 16, 1995 Mr. Bravo - Cullen stated that the doorway was not shown on the site plan. Town Engineer Walker asked if they were planning a new sidewalk at the entryway. Mr. Bravo - Cullen responded, no. Town Engineer Walker asked if they were planning on a sign for the business being placed. Mr. Murray stated that he needed to have someone lease the space first, then make that determination based on the occupant. Ms. Cornell asked if the Planning Board had approved a site plan with a physical therapy space in it. Mr. Bravo - Cullen stated that it was approved by.the Board last year and that the group backed out after going through the process due to the cost and because Cornell opened a large physical therapy facility. Ms. Hoffmann asked if the landscaping shown on the site_pl.an was from the previously approved site plan. Mr. Bravo - Cullen responded, yes,-and-that.-it has -been done. Ms. Hoffmann stated that she remembered there being a drainage problem north of the building between the cemetery and the building. Mr. Bravo - Cullen stated that the drainage had been put in. Chairperson Smith noted that this was a Public Hearing. Since there was no one present to speak, Chairperson Smith closed the Public Hearing and brought the matter back to the Board for discussion. There being no further discussion, the Chair asked if anyone were prepared to offer a motion. MOTION by Robert Kenerson, seconded by Herbert Finch. WHEREAS. 1. This action is the Consideration of Preliminary and Final Site Plan Approval for the proposed Site Plan Modification of Courtside Racquet and Fitness Club for interior alterations, including conversion of two racquetball courts into a new aerobics studio, renovation of a new leased space, a new free weights area, new office space, and switching the cardio area and nautilus circuit, said facility located on Town of Ithaca • • Planning Board Minutes [e May 16, 1995 Tax Parcel No. 62 -1 -5 at 16 Judd Falls Road, Business District C., Thomas Murray, Courtside Racquet and Fitness Club, Inc.; Owner /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 Site Plan Approval, and 3. The Planning Board, at a Public Hearing on May,,16, 1995, has reviewed and accepted as adequate. a Short Environmental Assessment Form Pt. I submitted by the applicant and a Part II prepared by the Town Planning Department, a site plan entitled "Alterations to. Courtside Racquet & Fitness Club ", dated December 6, 1993 and revised April 25,•1995, Floor Plans entitled "Alterations to: Courtside Racquet & Fitness Club" dated April 25, 1995, prepared by Cornerstone Architects, and additional application materials, and 49 The Town Planning staff has recommended a negative determination of environmental significance with respect to the -proposed-site plan; NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca _Pl-anning- Bo.ar -d hereby- makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form nor an Environmental Impact Statement will be required. Board Member Fred Wilcox stated that he had reviewed the SEQR form and felt that it was incomplete because it did not specify the full extent of the modification of the proposal. Town Planner Kanter stated that the staff felt that the SEQR form could have been more detailed and had therefore expanded the description in Part II of the EAF. There being no further discussion, the Chair called for a vote. Aye - Smith, Cornell, Hoffmann, Finch, Kenerson, Wilcox, Bell.. Nay - None. The MOTION was declared to be carried unanimously. MOTION by Candace Cornell, seconded by Herbert Finch: WHEREAS. 0 Planning Board Minutes 7 May 16, 1995 1. This action is the Consideration of Preliminary and Final Site Plan Approval for the proposed Site Plan Modification of Courtside Racquet and Fitness Club for interior alterations, including conversion of two racquetball courts into a new aerobics studio, renovation of a new leased space, a new free weights area, new office space, and switching the cardio area and nautilus circuit, said facility located on Town of Ithaca Tax Parcel No.62 -1 -5 at 16 Judd Falls Road, Business District "C"., Thomas Murray, Courtside Racquet and Fitness Club, Inc.; owner /Applicant, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on May 16, 1995, made a negative determination of environmental significance with regard to Preliminary and Final Site Plan Approval, and 3. The Planning Board, at a Public Hearing on May 16., 1995, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I submitted by the applicant and a Part II prepared by the Town Planning Department, a site plan entitled "Alterations to.: Courtside Racquet &.Fitness Club ", dated December 6, 1993 and revised April 25, 1995, Floor Plans 16 entitled "Al- terations to: Courtside Racquet &'-Fitness Club" dated April 25, 1995, prepared by Cornerstone Architects, and additional application materials. NOW, THEREFORE, BE IT RESOLVED: 1. 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 the proposed site plan entitled "Alterations to. Courtside Racquet & Fitness Club ", dated December 6, 1993 and revised April 25, 1995, Floor Plans entitled "Alterations to: Courtside Racquet & Fitness Club" dated April 25, 1995, prepared by Cornerstone Architects, subject to the following conditions. a. Submission of an original or mylar copy of the final site plan. Ms. Cornell asked if the resolution should include the date of the approval given last year. 0 LJ • Planning Board Minutes . May 16, 1995 Town Planner Jonathan Kanter stated that a condition could be added which stated, "Subject to the conditions of the previously approved site plan ", and the date would be listed as well. Mr. Kanter asked the Board if they wanted to add a condition which addresses the issue of the doorway to the leased space on the site plan as well. Mr. Bell stated that he did not feel that the door needed to be put on the site plan because it is too small to be seen. Ms. Cornell stated that the door should be shown on the plan. Mr. Bell stated that it was on the floor plan. Attorney Barney 'stated that it should be shown on the site plan so that the Board may see how it related to the parking, the trees and the remaining site. Chairperson Smith asked if the leased space would require handicapped parking nearby. Mr. Murray stated that there had not been any new handicapped spaces added. There were currently 132 parking-spaces. Ms. Cornell asked if two handicapped spaces were adequate. Mr. Murray stated that.-two spaces have been adequate. Mr. Bravo - Cullen stated that when the parking lot is redone, it would have four handicapped parking spaces. Ms. Cornell asked if there were four handicapped spaces available currently. Mr. Bravo - Cullen stated that at present there are two, when the parking lot is relined, they will provide four spaces. Ms. Cornell asked when that would be done. Mr. Bravo- Cullen stated that he was hoping to 'do that after getting the side lot paved. Ms. Cornell asked if that was part of this project. Mr. Bravo - Cullen stated that it was part of the site plan from last year. Ms. Cornell stated that she felt that two handicapped spaces were far too low for this facility. Planning Board Minutes 9 May 16, 1995 Mr. Murray stated that when the parking lot is redrawn there would be four handicapped parking spaces and that he could assure the Board of that fact. Mr. Bravo - Cullen stated that the site plan was approved for four handicapped spaces. Mr. Bravo - Cullen stated that the existing parking pattern goes 90 degrees from the way the parking is shown on this plan, and that Mr. Murray has stated that he currently has two handicapped spaces, when he relines the parking lot with the parking going the other way, there will be four handicapped spaces. Attorney Barney asked what was shown on the site plan map, the way things are set up now, or the way things will be . Mr. Bravo - Cullen stated that this is the way the facility will be when the handicapped parking would the site plan resolution. that was approved last year is completed. Ms. Cornell stated that the parking lot was part of the site plan approval last year, so the handicapped parking would definitely need to be part of the resolution. Mr. Bell stated that looking at the site-plan there are four handicapped spaces shown, which are not near the new leased space, so there should be at least one or two of those spots near -the leased space. The Planning Board determined that one space near the leased space should be a condition of this people site plan approval. Mr. Murray stated that having four handicapped spaces at the front of the building was fine and having a fifth space near where the new leased space made sense. Mr. Bell stated that he did not figure that there would be that many handicapped people at Courtside. site Ms. Cornell stated that it would be used for rehabilitation. Ms. Hoffmann stated that the doorway and the stairway were not shown on the site plan and felt that they should be shown. The Planning Board agreed that those should be included on a revised site plan. Attorney Barney stated that if the stairs were three feet wide and they were scissor stairs, that would be six feet total width. Attorney Barney asked how close Courtside was to its lot line. Mr. Murray stated that there was six feet off the side of the building to the lot line. 0 Planning Board Minutes 10 May 16, 1995 Attorney Barney stated that he thought that at least this portion of the site plan should be drawn with the lot line and the location of the stairway shown on it. Attorney Barney asked if there was a variance for this building because of the proximity of the lot line. Mr. Murray stated that he was told in 1986 or 1987 that it was approved and that he could put a track on the second level outside of the building around the whole thing that would extend over the property line or at least to it. Attorney Barney stated that there was a side yard requirement of 30 feet to any side property line. Attorney Barney stated that he thought at the time this building was constructed the property was all owned by the same owner. Attorney Barney stated he did not know when the subdivision of that property occurred, and whether anything was done about the side yard at the time. Mr. Bell asked why the applicant was proposing a scissor stairway instead of a single stairway, and stated that a single stairway would leave more room. between the stairway and the lot line. Mr.. Murray stated that there was common acc -es-s and common parking spaces that both businesses use. Town .Engineer Walker stated that he was _concerned that no detail was shown on the site plan. Mr. Walker stated that there could be life safety issues if a car was out of control since the parking lot is steep. Mr. Walker stated that he felt that there would be a problem with an open stairway and that there may be problems getting the stairway in without crossing the property line. Mr. Murray stated that if the stairway was going to cause problems, then it could be eliminated from the plans. Ms. Cornell stated that the infant day care space was located next to Mr. Murray yIs office and asked if Mr. Murray was going to be using the day care for access to his office. Mr. Murray responded, if necessary. Ms. Cornell asked if there was any way that the children could reach the stairway. Mr. Murray responded, no. Ms. Cornell asked Mr. Murray if he would be happy to have his office located as proposed without the stairway. Planning Board,Minutes 11 May 16, 1995 Mr. Murray stated that he had everything in place for this project and he was not going to let a stairway stop the whole project. Attorney Barney suggested the following conditions be added to the proposed resolution to be sure that the Boards concerns were addressed. b. Obtaining of a side yard variance, if required, for installation of the exterior stairwell to the upper level office, if required. c. Modification of the final plan to show a fifth handicapped parking space adjacent from to the leased area. d. Modification of the exterior site plan to show the door from the leased space to the exterior. e. Modification of both the site plan and the floor plan to show the location and design of the exterior stairs to the upper level office. f. All of the above subject to the previously approved.s-i:te plan entitled "Courtside Racquet and Fitness Club ", dated 10/7/`93 and revised 10/25/93. There being no further discussion, the Chair called for a vote. Aye - Smith, Cornell, Hoffmann, Finch, Kenerson, Wilcox, Bell. Nay - None. The MOTION was declared to be carried unanimously.. Chairperson Smith declared the matter of Preliminary and Final Site Plan Approval for the Proposed Site Plan Modification of Courtside Racquet and Fitness Club for interior alterations duly closed at 8:10 p.m. AGENDA ITEM: APPROVAL OF MINUTES - MAY 2, 1995. MOTION by Herbert Finch, seconded by Robert Kenerson: RESOLVED that the Minutes of the Town of Ithaca Planning Board Meeting of May 2, 1995, be and hereby are approved with the following changes: 1. That on Page 3, P "Cornell also wishes to create a conference which This was changed to the size of the breakroom aragraph 2, Sentence 4, which reads: increase the size of the breakroom and they currently do not have." read: "Cornell also wishes to increase and create a conference room which they 0 Planning Board Minutes 112 May 16, 1995 • 0 currently do not have." 2. That on Page 7, Last Paragraph, Sentence 2, which reads: "Attorney Barney stated that the Board was within their providence to suggest that there should be some landscaping..." This was changed to read: "Attorney Barney stated that the Board was within their power to suggest that there should be some landscaping...". missing,...". 3. That on Page 14, Second Paragraph, Sentence 1, which reads: "Ms. Hoffmann stated that she would prefer to see projects like this is two stages so that if there is information missing,..." This was changed to read: "Ms. Hoffmann stated that she would prefer to see projects like this in two stages so that if there is information missing,...". 4. That on Page 14, Paragraph 3, Sentence 2, which reads: "Mr. Kanter stated that the timing on these project makes it difficult as well..." This was changed to read: "Mr. Kanter stated that the timing on this project makes it difficult as well...". 5. That on Page 16, Paragraph that maybe the Town could make roadway." This was changed to read: Town could make an accommodat reconfiguring Town parkland and 16, which reads: "Mr.-Bell stated an accommodation to make a better "Mr. Bell stated that- maybe -the ion to make a better roadway by adjacent lots." 6. That on Page 16, Paragraph 20, which reads: "Ms. Cornell asked Mr. Ciaschi what the neighbors thought about the project." This was changed to read: "Ms. Cornell asked Mr. Ciaschi what the neighbors thought about the project and the through road." 7. That on Page 16, Paragraph 21, which reap stated that the neighbors were against it being they want the space left open." This was changed to read: "Mr. Ciaschi neighbors were against the through road being they want the space left open." is: "Mr. Ciaschi developed because stated that the developed because There being no further discussion, the Chair called for a vote. Aye - Smith, Cornell, Hoffmann, Finch, Kenerson, Wilcox, Bell. Nay - None. The MOTION was declared to be carried unanimously. • • • Planning Board Minutes 13 May 16, 1995 There was some discussion among the Board Members and staff about a site visit to the Westwood Hills property. The tour had not been set up yet. Town Planner Jonathan Kanter asked which Board Members were interested in visiting the site. Chairperson Smith stated that it was 8:15 p.m. and time to begin the next Public Hearing. PUBLIC HEARING. CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD WITH REGARD TO THE PROPOSED LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE INCREASING THE MAXIMUM HEIGHT LIMITATIONS. Chairperson -Smith declared the Public Hearing�in the above - noted matter duly opened at 8:20 p.m. and read aloud from the Notice of Public Hearings. Attorney Barney addressed the Board and stated that the Local Law raises from 30 feet to 36 feet the maximum exterior dimensions, and raises from 34 feet to 38 feet the maximum interior dimensions. Attorney Barney stated that there have been a number of requests for variances before the Zoning Board of Appeals for _relief from the exterior dimensions, mainly on sloping sites where you measure from the lowest exterior point to the hi- ghest. point.- and_it is very frequently that the interior measurement, particularly with the newer style of houses with -the relatively steeply _pitched roof -s, takes someone above the 30 -foot limitation. Mr. Frost, the Town of Ithaca Zoning Officer, did a study of what the range was, and it appeared that 36 feet would remove most of the problems when analyzed. Then the question was, if we use 36 feet for exterior, what is used for the interior. One might rationally say, if you raise the exterior 6 feet that you might enlarge the interior by 6 feet. Attorney Barney stated that in drafting the amendment he suggested that probably was not the way to go because we were looking for relief merely from the exterior dimensions and on sloping sites. If the interior dimensions were altered, it would allow even larger building on a flat site. Attorney Barney stated that he arbitrarily chose 38 feet after considerable discussion with the Codes and Ordinance Committee, who recommended it stay with 38 feet. Attorney Barney stated that Building and Zoning Officer, Andrew Frost felt that the limitation should have been raised to 40 feet to keep it consistent with the increase to the exterior dimensions. Attorney Barney stated that there are several sections that get amended in order to amend each of the Residential Sections, the Multiple Residence Section and the Business Section of the Town of Ithaca Zoning Ordinance. (A copy of the proposed Local Law is attached hereto as Exhibit #3) Chairperson Smith asked if this would make it harder to receive a variance. Board Member Robert Kenerson stated that this amendment would say that a variance would not be needed.. • • Planning Board Minutes 14 May 16, 1995 Attorney Barney stated that he had not noticed any difficulty in receiving a height variance before the Zoning Board of Appeals. Attorney Barney stated that there was a request for a variance of 51 feet on Taughannock Blvd, Dr. Lamb's house. This is designed to minimize the need to even come before the Zoning Board. Ms. Cornell asked Attorney Barney to explain why he kept the interior limitation at 38 feet instead of 40 feet. Attorney Barney stated house, you take the lowest feet for the next floor and of the roof. Measuring on with about 36 feet. that when you add up the space in a level and go up 9 feet and another 9 then another 9 feet and then the pitch the exterior grade one would come up Mr. Kenerson asked what kind of pitch. Attorney Barney stated that he used a 4 and 12 pitch. The problem is that the Town has a provision in the ordinance which says that if you have a cellar (defined as space that is more than 50 percent below grade) you can enlarge the interior dimension on the theory that people may want to build on a cellar, they could take the interior dimension and add an additional 4 feet, which would make it 42 feet. Attorney Barney stated that-if you take that and put it on a house on a flat surface you could wind up with a gigantic house, with a full basement -and almost three -complete stories on top of that. There was no particular need to go to a 40 -foot interior dimension or in some instances a 44 -foot interior dimension with a cellar. Mr. Bell asked why regulate the inside at all. Attorney Barney stated that it was because of the enforcement. The exterior of a building can be changed by a bulldozer. There were several instances where someones house did not meet the exterior dimension, so they pushed some dirt up against the house and thereby raising the lower dimension on the exterior, therefore coming within the limitation. Attorney Barney stated that could not be done by using the interior limitation as a maximum. Attorney Barney stated that the object was to give a very easily enforced measurement, and it was to say that even if the exterior dimension is changed, the interior dimension must still be met. Mr. Bell stated that he felt that it was not in the Town's interest to regulate the interior.. Attorney Barney stated that this gives a very clear standard that is easily enforceable. Mr. Bell stated that it is easier, but that he did not think that really matters. • Planning Board Minutes 15 May '16, 1995 Attorney Barney stated that you draw lines for enforcement purposes, and they must be drawn somewhere, to be able to go into court and have a clear set of standards that have been violated. Ms. Cornell stated that she would rather that people have the freedom to design the interior of their homes, but that she understood that it was for enforcement purposes only, and that if their design required different changes then they can get a variance. It is simply decreasing the number of variances. Attorney Barney stated, substantially. Attorney Barney stated that the exterior limitation was changed by 6 feet and the interior was changed by 4 feet. Board Member Fred Wilcox stated that if they were changed by the same amount, the Town would have the same problem, except they would be 6 feet higher. Mr. Wilcox stated that as Attorney Barney described, houses that are built with a steep slope from one end of the property to the other, cause the problem of residents having to constantly come in and request height variances. Ms. Cornell stated that she thought the amendment was a good improvement. Mr. Wilcox asked if the Codes and Ordinance Committee was happy with the proposed amendment. Board Member Herbert Finch stated that, -a-s -a member of , the - Codes and Ordinance Committee, having received a letter from Mr. Hanson of the Tompkins County Planning Department, and judging by his comments, it appears that he is not familiar enough with the problem that was being addressed by this amendment. Town Planner Jonathan Kanter stated the Tompkins County Planning Department's comment was that the "Town of Ithaca may want to reconsider the aesthetic impact of the proposed amendment (Short Environmental Assessment Form; Part II, C2). Although not a significant impact,. allowing an additional six feet in height could change the character of the neighborhoods involved." Mr. Kanter stated that one response would be that this would provide added flexibility so that this may improve the architecture of houses.. Ms. Cornell stated that along the lake there is a visual impact. There being no further discussion, Chairperson Smith asked if anyone were prepared to offer a motion. MOTION by Candace Cornell, seconded by Gregory Bell: • Planning Board Minutes. 16 May 16, 1995 RESOLVED, that the Planning Board recommends and hereby does recommend to the Town Board the adoption of the Proposed Local Law Amending the Town of Ithaca Zoning Ordinance Increasing the Maximum Height Limitations, as proposed and as the same is attached hereto. There being no further discussion, the Chair called for a vote. Aye - Smith, Cornell, Hoffmann, Finch, Wilcox, Bell. Nay - Kenerson. The MOTION was declared to be carried. Chairperson Smith declared the Public Hearing in the matter of Increasing the Maximum Height Limitations by amending the Town of Ithaca Zoning Ordinance duly closed at 8:35 p.m. AGENDA ITEM. CONSIDERATION OF EXTENSION OF FINAL SUBDIVISION APPROVAL FOR THE PROPOSED SANCTUARY WOODS SUBDIVISION, INCLUDING TOWN OF ITHACA TAX PARCEL NO'S. 73 -1 -7.2 AND 73- 1 -8.2, LOCATED ON THE WEST SIDE OF SAPSUCKER WOODS -ROAD, RESIDENCE DISTRICT- R-15, STEPHEN LUCENTE, APPLICANT. FINAL SUBDIVISION APPROVAL WAS GRANTED BY THE PLANNING BOARD WITH CONDITIONS --ON SEPTEMBER 6,_ 19.9.4. SECTION 276(7)(C) OF THE TOWN LAW STATES THAT CONDITIONAL APPROVAL OF THE FINAL PLAT SHALL EXPIRE'WITHIN 180 DAYS AFTER THE RESOLUTION GRANTING SUCH APPROVAL UNLESS ALL REQUIREMENTS IN SUCH RESOLUTION HAVE BEEN CERTIFIED AS COMPLETED, AND THAT THE- PLANNING -BOARD MAY EXTEND BY NOT MORE THAN TWO ADDITIONAL PERIODS OF NINETY DAYS EACH, THE TIME IN WHICH A CONDITIONALLY APPROVED PLAT MUST BE SUBMITTED FOR SIGNATURE. Chairperson Smith declared the above -noted matter duly opened and read aloud from the Planning Board Agenda. Town Planner Kanter stated that Mr. Lucente could not attend tonight's meeting. Mr. Kanter stated that Mr. Lucente submitted a letter requesting an extension of the final subdivision approval which was granted September 6, 1994. Under Section 276(7)(c) of the Town Law, there is a provision that says that conditional approval of the final plat shall expire within 180 days after the resolution granting such approval unless all requirements in.such resolution have been certified as completed, and that the Planning Board can extend that period for two additional 90 day periods,.i -f such an extension is warranted. Mr. Kanter stated that the 180 day initial time period had expired on March 5, 1995. Mr. Kanter stated that there are a couple of conditions from the two resolutions that have not been met, which deal with deeds and easements that are required to be approved by the Town Attorney. Mr. Kanter stated that those documents are in the process of being reviewed by Attorney Barney. Mr. Kanter stated that those documents should be able to be taken care of quickly. • • • Planning Board Minutes 17 May 16, 1995 Ms. Cornell asked what the expiration date would be with the extension. Town Planner Kanter stated that if the Board approved only the initial 90 -day extension period, approval would expire on June 4, 1995. But if the Planning Board would approve two 90 -day extension periods simultaneously it would move the expiration date to September 3, 1995, which should be sufficient. Attorney Barney stated that he had the paperwork and that it was not Mr. Lucente I s fault and that September 1995 would be enough time to review the documents. Attorney Barney stated that Mr. Lucente was a little slow getting the documents to him and that there were three different title abstracts, where three pieces of land come from 'three different places. Attorney Barney stated that he has not completely reviewed the third abstract at this point. Ms. Cornell asked if Mr. Lucente received the variance they requested regarding building the roadway. Attorney Barney stated that they They were given the -right to put in one no building permits be issued until all waived by the -Town Board, to the extent at this time. Town Engineer Daniel working on the road again house. once things dry up a that project again. were not given a variance. house. The condition that utilities are .installed -was of permitting one building Walker stated that they have started and they have started working on the little bit, they will begin working-on Mr. Finch stated that the extension must be granted for two parcels. Town Planner Kanter stated that parcel one was part of Rocco Lucente's land to be consolidated into part of Stephen Lucente's land. There are actually 12 new lots, one existing house lot and the roadway. The whole subdivision was approved with two separate resolutions., one splitting the parcel off Rocco Lucente's parcel and the second, creating the overall new subdivision. Mr. Kenerson asked if the turn - around was a separate item entirely. Town Engineer Walker stated that the Town has an easement for the turn - around from Rocco Lucente. There being no further discussion, the Chair asked if anyone was prepared to offer a motion to.extend the subdivision approval for the proposed Sanctuary Woods Subdivision for the portion of land owned by Stephen Lucente, Tax Parcel No. 73- 1 -7.2. Planning Board Minutes 18 May 16, 1995 MOTION by Fred Wilcox, seconded by Robert Kenerson: I.FV 1. This action is the consideration of Extension of Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 73- 1 -7.2, 5.33 +/- acres, into 14 parcels, for the Sanctuary Woods Subdivision, located on the west side of Sapsucker Woods Road, Residence District R -15. Stephen Lucente, Applicant; and 29 The Planning Board, at a Public Hearing held on June 7, 1994, did review and accept as adequate a Short Environmental Assessment Form Part I prepared by the Applicant, a Part II prepared by the Town Planning staff, 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, did, on June 7, 1994, make a negative determination of environmental significance; and 4. The P1- anning_Board, at a Public Hearing held on _September 6, 1994, did review the proposed subdivision plats, entitled "Final Subdivision Plat - Lands of Lucente & Hughes,- dated June 29, 1994," and "Final Subdivision Plat - Sanctuary Woods," prepared by - Lawrence Fabbroni, P.E., L.S., dated January 21, 1994, and revised April 12, 1994, and June 29, 1994, and.other application materials; and 5. The Planning Board, at a Public Hearing held on September 6, 1994, did grant, with conditions, Final Subdivision Approval for the subdivision of Town of Ithaca Tax Parcel No. 73- 1 -7.2, 5.33 +/- acres, into 14 parcels, as shown on the subdivision plat entitled "Final Subdivision Plat - Sanctuary Woods," prepared by Lawrence P. Fabbroni, Surveyor, and dated January 21, 1994, and revised April 12, 1994, and June 29, 1994, and the resolution granting said approval with conditions was dated September 7, 1994; and 6. Section 276 (7) (c) of the Town Law states that conditional approval of a final plat shall expire within 180 days after the resolution granting such approval, unless all requirements in such resolution have been certified as completed, and that the Planning Board may extend by not more than two additional periods of ninety days each, the time in which a conditionally approved plat must be submitted for signature, if in the Planning Board's opinion, such extension is warranted by the particular circumstances; and 7. The Planning Board has received a letter from the Applicant, dated May 10, 1995, requesting an extension of Final Subdivision Approval. G • 0 Planning Board Minutes 19 NOW, THEREFORE, BE IT RESOLVED. May 16, 1995 1. That the Planning Board hereby extends the Final Subdivision Approval granted by the Planning Board on September 6, 1994, for two additional ninety day periods, for the subdivision of Town of Ithaca Tax Parcel No. 73- 1 -7.2, 5.33 +/- acres, into 14 parcels, as shown on the subdivision plat entitled "Final Subdivision Plat - Sanctuary Woods," prepared by Lawrence P. Fabbroni, Surveyor, and dated January 21, 1994, and revised April 12, 1994, and June 29, 1994, subject to the same conditions listed in the resolution dated September 7, 1994, wherein such approval was granted, said extension to expire on September 3, 19950 There being no further discussion, the Chair called for a vote. Aye - Smith, Cornell, Hoffmann, Finch, Kenerson, Wilcox, Bell. Nay - None. The MOTION was declared to be carried unanimously. There being no further discussion, the Chair asked if anyone was prepared to offer_a motion to extend the subdivision approval for the proposed Sanctuary Woods Subdivision for the portion of land owned by Rocco.Lucente, Tax Parcel No. 73- 1 -8.2. MOTION by Fred Wilcox, seconded by Herbert Finch. WHEREAS. 16 This action is the consideration of Extension of Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 73- 1 -8.2, 24.6 +/- acres total, into 2 parcels, 1.22 +/- acres and 23.38 +/- acres respectively, for the purpose of completing the Sanctuary Woods Subdivision, located on the west side of Sapsucker Woods Road, Residence District R -15. Stephen Lucente, Applicant; Rocco Lucente, Owner; and 2. The Planning Board, at a Public Hearing held on June 7, 1994, did review and accept as adequate a Short Environmental Assessment Form Part I prepared by the Applicant, a Part II prepared by the Town Planning staff, 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, did, on June 7, 1994, make a negative determination of environmental significance; and • Planning Board Minutes 20 May 16, 1995 4. The Planning Board, at a Public Hearing held on September 6, 1994, did review the proposed subdivision plats, entitled "Final Subdivision Plat - Lands of Lucente & Hughes, dated June 29, 1994," and "Final Subdivision Plat - Sanctuary Woods," prepared by Lawrence Fabbroni, P.E., L.S., dated January 21, 1994, and revised April 12, 1994, and. June 29, 1994, and other application materials; and 5. The Planning Board, at a Public Hearing held on September 6, 1994, did grant, with conditions, Final Subdivision Approval for the subdivision of Town of Ithaca Tax Parcel No. 73- 1 -8.2, 2496 +/- acres total, into 2 parcels, 1.22 +/- acres and 23.38 +/- acres respectively, as shown on the subdivision plat entitled "Final Subdivision Plat - Lands of Lucente and Hughes," prepared by Lawrence P. Fabbroni, Surveyor, and dated June 29, 1994, and the resolution granting said approval with conditions was dated September 7, 1994; and 6. Section 276 (7) (c) of the Town Law states that conditional approval of a final plat shall expire within 180 days after the resolution granting such approval, unless all requirements in such resolution have been certified as completed, and that the Planning Boar--d may extend by not more than two additional periods of ninety days each, the time in which a conditionally approved --plat must -be submitted for signature, if An the Planning Board's opinion, such extension is warranted-by the particular circumstances; and 76 The Planning Board has received a letter from the Applicant, dated May 10, 1995, requesting an extension of Final Subdivision Approval. NOW, THEREFORE,. BE IT RESOLVED: 18 That the Planning Board hereby extends the Final Subdivision Approval granted by the Planning Board on September 6, 1994, for two additional ninety day periods, for the subdivision of Town of Ithaca Tax Parcel No. 73- 1 -8.2, 24.6 +/- acres total, into 2 parcels, 1.22 +/- acres and 23.38 +/ acres respectively, as shown on the subdivision plat entitled "Final Subdivision Plat - Lands of Lucente and Hughes," prepared by Lawrence P. Fabbroni, Surveyor, and dated June 29, 1994, subject to the same conditions listed in the resolution dated September 7, 1994, wherein such approval was granted, said extension to expire on September 3, 19950 There being no further discussion, the Chair called for a vote. Aye - Smith, Cornell, Hoffmann, Finch, Kenerson, Wilcox, Bell. Nay - None. • Planning Board Minutes 21 May 16, 1995 The MOTION was declared to be carried unanimously. Chairperson Smith declared the matter of Extension of Final Subdivision Approval for the proposed Sanctuary woods Subdivision to be duly closed at 8:50 p.m. AGENDA ITEM: OTHER BUSINESS. Town Planner Jonathan Kanter stated that the Public Meeting on the Conservation District is tentatively scheduled for June 5, 1995 at 7:30 p.m.. Mr. Kanter stated that the location was undetermined at this point in time. Mr. Kanter further stated that they were trying to get a larger space than the Town Hall board room, possibly the South Hill School. Mr. Kanter stated that the Planning Committee had worked on the Conservation District for a long time and has prepared a draft that they feel is ready for public review and input. Mr. Kanter stated that they had met with a small discussion group of residents from the Six Mile Creek Area and other interested citizens and got initial feedback in October or November 1994. Mr. Kanter stated that the Board Members were invited to attend the meeting if they would like to. Town Planner Kanter stated that the Board is not required to hold a public hearing for the determination of completeness, although they could hold a hearing if the Board felt that would be better as an open process to the public. Ms. Cornell stated that she would strongly urge that there be a meeting open to the public for comment. Mr. Bell stated that having a public meeting would reduce the likelihood of a lawsuit. Mr. Kenerson asked if the project needed to go back to court to show what has been done. Attorney Barney stated that it would be a different proceeding if it returned to court now. Attorney Barney stated that the proceeding before was over the determination as to whether or not it was appropriate to make a negative determination of environmental significance. Now a Positive Declaration of Town Planner Kanter stated that Town staff has received an informal Draft Environmental Impact Statement (DEIS) for the proposed Ithacare project for-staff to review. Mr. Kanter stated that the staff would review the EIS and meet with the applicants to give them an initial reaction. Mr. Kanter stated that it _would be coming to the Planning Board soon. Mr Kanter stated that they would have Ithacare before the Planning Board to receive the EIS formally, ask any preliminary questions about it and then set the June 20, 1995 meeting for consideration of accepting the DEIS. Town Planner Kanter stated that the Board is not required to hold a public hearing for the determination of completeness, although they could hold a hearing if the Board felt that would be better as an open process to the public. Ms. Cornell stated that she would strongly urge that there be a meeting open to the public for comment. Mr. Bell stated that having a public meeting would reduce the likelihood of a lawsuit. Mr. Kenerson asked if the project needed to go back to court to show what has been done. Attorney Barney stated that it would be a different proceeding if it returned to court now. Attorney Barney stated that the proceeding before was over the determination as to whether or not it was appropriate to make a negative determination of environmental significance. Now a Positive Declaration of • Planning Board Minutes 22 May 16, 1995 Environmental Significance has been done and presumably the Board would go through the process of an Environmental Impact Statement, at the conclusion of which, if someone was challenging the Board's action, they would be challenging it on the basis that the hard look was not taken or that the Board did not mitigate sufficiently. Attorney Barney stated that the range or authority of review by the Courts is generally more limited in those circumstances. Town Planner Kanter stated that if the DEIS is accepted at the June 20th meeting, the Board could hold a Public Hearing on the Environmental Impact Statement at the July 18, 1995. Mr. Kanter stated that it would probably be at least September before the entire process is completed. Town Planner Kanter stated that he wanted to get the staff comments back to Ithacare by the end of this week, have them do any requested revision, get copies to the Planning Board Members prior to the June 6, 1995 meeting, and put it on the agenda for discussion at that meeting. Ms. Cornell asked if it was going to the Environmental Review Committee. Town Planner Kanter responded, yes, and that it would be -sent • to a list of interested and involved agencies, County and State. Ms. Cornell asked when to expect to see Eco Village before the Board again. Town Planner Kanter responded that he had received a call from Jerry Weisburd in which he stated that he was going to try to get the final subdivision plat prepared to present to the Board soon. Town Planner Kanter stated that he would like to set a time to visit the Westwood Hills site if anyone was interested. Mr. Kanter stated that he would like to have the site visit early next week. It was decided to be held on May 22, 1995 at 12:00 p.m. The Board Members will meet at the site. Four Board Members will be attending the site visit. Town Planner Kanter stated that there would be a sketch plan review for the June 6, 1995 Planning Board meeting, for the Forest Pond Drive Subdivision.. JoAnn Cornish addressed the Board and stated that a sketch plan for "Forest Pond Drive Subdivision ", located on Sheffield • Road, approximately 4 properties in from Iradell Road, would be coming to the Planning Board for sketch plan review on June 6, 1995. • • f Planning Board Minutes 23 Ms. Cornell asked how big the property was. May 16, 1995 Ms. Cornish responded, about 30 acres, in the Agriculture District. Ms. Cornish stated that a large portion of the site is a DEC designated wetland. The property under discussion is owned by Chris Muka. There was a site visit scheduled for May 19, 1995 at 9:30 a.m. which was open to the Planning Board members that wished to attend. The meeting was also open to the Environmental Review Committee members. Town Planner Kanter suggested that no more than four Planning Board Members attend the site visit due to the lack of time to have the special meeting published as would be required. �AWWX� Town Planner Kanter stated that there will be a tour of the Six -Mile Creek dredging area and shooting range as requested by Bill Hilker. The tour will be held on May 19, 1995 at 12 :00 p.m. Larry Fabbroni will accompany those attending and answer any questions. ADJOURNMENT Upon MOTION, Chairperson- Smith declared the -May 16, 1.9.9 -5 Meeting of the Town of Ithaca Planning Board duly adjourned at 9:07 p.m. 5/19/95. 6/19/95 Filed. Respectfully Submitted, Starr Hays, Recording Secretary, Town of Ithaca Planning Board. Mary B yant, Administrative Secretary, Deputy Town Clerk. ._.� • . TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273 -1721 HIGHWAY 273 -1656 PARKS 273 -8035 ENGINEERING 273 -1747 PLANNING 273 -1747 ZONING 273 -1783 FAX (607) 273 -1704 • TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, StarrRae Hays, being duly sworn, depose and say that I am the Town of Ithaca Planning Board Recording Secretary, Tompkins County, New York; that the following Notice has been duly posted on the sign board of the Town of Ithaca and that said Notice has been duly published in the local newspaper, The Ithaca Journal. Notice of Public Hearings to be held by the Town of Ithaca Planning Board in Town of Ithaca Town Hall, 126 East Seneca Street, Ithaca, New York, on Tuesday, May 16, 1995, commencing at 7:30 P.M., as per attached. Location of Sign Board used for Posting: Entrance of Town Hall. Date of Posting: Date of Publication: STATE OF NEW YORK ) COUNTY OF TOMPKINS ) May 8, 1995 May 10, 1995 SS.. Bulletin Board, Front StarrRae Hays, Recording Secretary, Town of Ithaca Planning Board. Sworn to and subscribed before me this 10th day of May 1995. Filename: Notices \5- 16- 95PP.aff 7 )LE NOTARY MLIC STATE OF NEW YORK # 4646 427 r • • The Ithaca Journal Wednesday, May 109 1995 Section 8 _ TOWN OF ITHACA ?lanninq Board, Notice of ?'16 is 'soringsI Tuesday, May 16, 1995. By cirecion ai the Chairman of - ^e 3!cnntna Board, Na TICE !S HEREBY GIVEN tiW ?uouc r400rings wail ae fold Sy •he ;'!anning Board of the Town Chaco cn Tuesday, .May : ^ 1995. at 1 , 6 CASt Seneca Srreet. !'Mato. N.Y. at the �ai:ow,ng •:mes and an •he :o:iaw:ng matters: 7:33 P.M. consideration of ?re:iminary cnd Final Silo ?,an Aooroval 'or the Pros poses Sire Pion Modification of Courtside Racquet and Fi►. Hess C:ub I inrerior aben otions, (nciuding conversion zri twa racouetbail courts irdo a n+w caroo:cs studio, rwlo ovarian of a new leased space, a new tree weights i area, new aiflce space, and switching the cardio area and nautilus circuit, said 6 miry !orated on Town of- !thcca Tax Parcel No. 62.1.3 at 16 ;udd Falls Road, Bust_ mess District C. Thomas Mutt ray, Courtside Racquet and Fitness Club, Inc.; Owner /: Aooliccnt. r 8:15 P.M. Consideration of a recommendation to dse Town Board with regard b the proposed Local law Amending the town of Illsom Zoning Ordinance increasing the ,maximum Height Lio_rikr~ , lions. Said Planning Board we at� sa!d 'imes and said ploeef nett ca persons in support such ,'natters or aci lilmns, thereto. Persons may appear py agent or in person. Indi- v:duau with visual inspah► ments, hearing imoeirrinoft or other special needso vriY i be provided with assisl0i'm j as necessary, upon request• Persons desiring assistance' must mcRe such a request not less than 48 hours prior to the time of 'Me public Hearings. !oncman Kanter, AICP ?own Manner 273 -1747' May 10. 1995 L I tastoK COMM PARiTTlom \ , n ADMIN. OFFICES \\w� MEW 3e HM PARWIDW " I `. I �' ExlBttnq Cordlo Area AEROBICS STUDIO ! I LOUNGE NAUTILUS ORCUIT MECHANICAL ROOM II ° RFLO�E COSIYiO PAR1t}1pttl ii 1 I / I . • it 11; COURT t COURT 2 COURT 3 COURT 4 Al 11 v i NEW FREE: WEIGHTS 'E' "eom 1rn + -- NEW LEASED SPACE 1 ' II i DAYCARE , ` NM stm stmtcnM i I To SUPP'Clti FLACIt ABOW EXISTING COURT 5 i� POSTING FREE Wpp{� II! 1 FIRST FLOOR PLAN 1 I II STORAGE (� ..67:--1 It I i I ' MEN LOCKERS Exbtinq Nouttlus Clreutt j WOMEN LOCKERS o D a NEW CARDIO AREA ATTIC B m > a DAEROBICS STUDIO IMP N > rt' to \\ COURT 1 // `� COURT 2 / \\ / \ i I( , I,.,r �I FREE WE3GKTS , > \ \(beiow) (below) / \ \ COURT 3/ \\ COURT 4 j 3 x \\ i \\(below)// ` (below) / / Al •_•�• / \ \\ / \\ \\ / \ \\ / / SECTION TNRU NEW FLOOR ASSEMBLY n v NEW AEROBICS1 STUDIO A7 1140 . t -d If \ , ^\ (new floor; Iy) ATTIC C INFANT / \\ 01 2 4 8 DAYCARE / `\ ` / \ % \\ j• / \ \\ / \\ 1 NEW OFFICE NE1M �� � \ / \\ (new Aoor aBBarnblY) , \\ \\ Al SECOND FLOOR PLAN I.1 U DRAFT TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 1995 A LOCAL LAW AM LADING THE TOWN OF ITHACA ZONING ORDINANCE INCREASING THE MAX[MUM HEIGHT LIMITATIONS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The Zoning Ordinance of the Town of Ithaca as adopted, amended and revised effective February 26, 1968, and subsequently amended is further amended as follows: 1. ARTICLE HI A, SECTION 3E is amended by adding a new paragraph to be paragraph 12 reading as follows: 12. Maximum height. No building shall be erected, altered, or extended to exceed thirty -eight (38) feet in height from the lowest interior grade or thirty -six (36) feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed thirty (30) feet in height. " 2. ARTICLE M. SECTION 4, Paragraph I I is amended to read as follows: "11. In Residence Districts R9, no building shall be erected, altered, or extended to exceed thirty -eight (38) feet in height from the lowest interior grade or thirty-six (36) feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed thirty (30) feet in height." 3. ARTICLE IV, SECTION 11, Paragraph 6, is amended to read as follows: "6. In Residence Districts R15, no building shall be erected, altered, or extended to exceed thirty -eight (38) feet in height from the lowest interior grade or thirty-six (36) feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed thirty (30) feet in height." 4. ARTICL.L V, 6ECTIUiN L8, Paragrapn iU, is amencea to read as follows: "10. In Residence Districts R30, no building shall be erected, altered, or extended to exceed thirty -eight (38) feet in height from the lowest interior grade or thirty -six (36) feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed thirty (30) feet in height." 5. ARTICLE VI, SECTION 28, Paragraph 5, is amended to read as follows: hdgh&U, %pSlliAUocaUaw, 041716M 3:46pw 0 "5. Height: All structures shall conform in height with other structures in the vicinity, provided, however, that no building shall exceed thirty -eight (38) feet in height from the lowest interior grade nor thirty -six (36) feet in height from the lowest exterior grade and further provided that no structure other than a building shall exceed thirty (30) feet in height. " 6. ARTICLE VII, SECTION 37, Paragraph 5, is amended to read as follows: "59 Height: All structures shall conform in height with other structures in the vicinity, provided, however, that no building shall exceed thirty -eight (38) feet in height from the lowest interior grade nor thirty -six (36) feet in height from the lowest exterior grade and further provided that no structure other than a building shall exceed thirty (30) feet in height." 7. ARTICLE XI, SECTION 51, Paragraph 3, is amended to read as follows: "3. In Agricultural Districts, no non - agricultural building shall exceed thirty -eight (38) feet in height from the lowest interior grade nor thirty -six (36) feet in height from the lowest exterior grade, and no other non - agricultural structure shall be erected or extended to exceed thirty (30) feet in height." is Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. Y. 2 •