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HomeMy WebLinkAboutPB Minutes 1995-10-03r: n U • TOWN OF ITHACA PLANNING BOARD OCTOBER 3, 1995 FILED TOWN OF ITHACA Date Cierk The Town of Ithaca Planning Board met in regular session on Tuesday, October 3, 1995, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Chairperson Stephen Smith, Candace Cornell, Eva Hoffmann, James Ainslie, Herbert Finch, Robert Kenerson, Fred Wilcox, Gregory Bell, Jonathan Kanter (Town Planner), Daniel Walker (Town Engineer), George Frantz (Assistant Town Planner), JoAnn Cornish (Planner), John Barney (Town Attorney). ALSO PRESENT: Bob Anderson, David Bravo - Cullen, Tom Murray. Chairperson Smith declared the meeting duly opened at 7:35 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 September 25, 1995, and September 27, 1995, together with the Secretary's Affidavit of Service by Mail of said Notice 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, and upon the applicants and /or agents, as appropriate, on September 28, 1995, 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. Chairperson Smith stated that he wished to congratulate Board Member Candace Cornell for receiving the Distinguished Leadership Award for the Upstate Chapter of the American Planning Association, 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 SUBDIVISION APPROVAL FOR THE, PROPOSED SUBDIVISION OF 0.39+ ACRES FROM TOWN OF ITHACA TAX PARCEL NO. 33- 3 -5.2, LOCATED AT 638 ELMIRA ROAD, FOR CONSOLIDATION WITH TAX PARCEL NO. 33 -3 -3, LOCATED AT 630 ELMIRA ROAD, BUSINESS DISTRICT "C ". ITHACA VETERAN VOLUNTEER FIREMENS ASSOCIATION, OWNER; ROBERT L. ANDERSON, AGENT. Chairperson Smith declared the Public Hearing in the above - noted matter duly opened at 7:36 p.m, and read aloud from the Notice of Public Hearings as posted and published and as noted above. Planning Board Minutes 2 October 3, 1995 • APPROVED 11/7/95 Robert Anderson, a member of the Veteran Volunteer Firemens Association, addressed the Board and stated that the Veterans Volunteer Firemens Association own Tax Parcel No. 33 -3 -5.2 located at 638 Elmira Road, Town of Ithaca. Mr. Anderson stated that Joseph Salino wants to purchase a small triangular parcel from Tax Parcel No. 33 -3 -5.2 to join to the land he owns at 630 Elmira Road, Town of Ithaca. Mr. Anderson stated that the parcel size in question is .39 acres. Mr. Anderson stated that Tax Parcel No. 33- 3-5.2 is landlocked and has no services of any type. Mr. Anderson stated that Mr. and Mrs. Salino have made an offer to purchase this triangular parcel of land, and the Veterans Volunteer Firemens Association has accepted that offer. Mr. Anderson stated that the survey has been done by Robert Russler, Jr., a land surveyor licensed by the State of New York, Mr. Anderson stated that the date of the survey was August 9, 1995, Mr. Anderson asked, at the request of the Veterans Volunteer Firemens Association and Mr. and Mrs. Salino that the Board vote in favor of this project. Chairperson Smith noted that this was a Public Hearing and asked if anyone from the public wished to speak. No one spoke. Chairperson Smith closed the Public Hearing and brought the matter back to the Board for discussion. • Board Member Eva Hoffmann stated that there was a line on the map that extended around the Salino property that did not extend all the way to the triangular piece of property, and asked if they owned all of the land up to the triangle. Mr. Anderson responded, yes, the Salino's own that length of property, the line on the map show the driveway. Board Member Candace Cornell asked if the triangular piece becomes part of the Salino property, would that make it accessible to the Mancini property at some point in the future. Assistant Town Planner George Frantz stated that it would not provide access to the Mancini property. Mr. Frantz stated that when Mr. Russler did the survey for this property, he had listed that the land was to be conveyed by the International Association of Machinists Local Lodge No. 1607, and for clarification the survey should be revised to reflect the current ownership before the Chairperson Smith signs the plat. The Board concurred with Mr. Frantz's suggestion. Board Member Hoffmann asked about the driveway that encroaches on the lot nearby. • Assistant Town Planner Frantz stated that was a long standing encroachment by Salino on the property. Mr. Frantz asked Mr. Anderson if there was an easement on that property. • • Planning Board Minutes 3 October 3, 1995 APPROVED 11/7/95 Mr. Anderson responded that there was no easement, and that there was no problem with him using that part of the property for a driveway. There appearing to be no further discussion, Chairperson Smith asked if anyone were prepared to offer a motion. MOTION by Fred Wilcox, WHEREAS: seconded by Herbert Finch: 1. This action is the consideration of Preliminary Subdivision Approval for the proposed subdivision ac. from Town of Ithaca Tax Parcel No. 33- 3 -5.2, 638 Elmira Road, for consolidation with Tax Parcel located at 630 Elmira Road, Business District Veteran Volunteer Firemens Association, Owner; Anderson, Agent, and and Final of +/- 0.39 located at No. 33 -3 -31 `C'. Ithaca Robert L. 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 on October 3, 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 survey entitled " Map of Survey of Lands to be Conveyed by International Association of Machinists Local Lodge No. 1607, Town of Ithaca, Tompkins County, New York" prepared by Robert S. Russler, Jr., L.S. dated May 1, 1995, re -dated May 22, 1995, and further re -dated August 9, 1995, and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed subdivision; 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 referenced action as proposed and, therefore, an Environmental Impact Statement will not be required. vote. There being no further discussion, the Chair called for a 0 • • Planning Board Minutes Aye - Smith, Cornell, Bell. Nay - None. 4 APPROVED 11/7/95 Hoffmann, Ainslie, October 3, 1995 Finch, Kenerson, Wilcox, The MOTION was declared to be carried unanimously. MOTION by Fred Wilcox, seconded by Herbert Finch: WHEREAS: 1. This action is the consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of +/- 0.39 ac. from Town of Ithaca Tax Parcel No. 33- 3 -5.2, located at 638 Elmira Road, for consolidation with Tax Parcel No. 33 -3 -3, located at 630 Elmira Road, Business District `C'. Ithaca Veteran Volunteer Firemens Association, Owner; Robert L. Anderson, Agent, and 2. The Planning Board, at a Public Hearing held on October 3, 1995, 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 survey entitled " Map of Survey of Lands to be Conveyed by International Association of Machinists Local Lodge No. 1607, Town of Ithaca, Tompkins County, New York" prepared by Robert S. Russler, Jr., L.S. dated May 1, 1995, re -dated May 22, 1995, and re -dated August 9, 1995, 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 October 3, 1995, 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 and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision 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, and 2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision of +/- 0.39 ac. from Town of Ithaca,Tax Parcel No. 33- 3 -5.2, located at 638 Elmira Road, for consolidation with Tax Parcel No. 33 -3 -3, located at 630 Elmira Road, as shown on the survey entitled " Map of Survey of Lands to be Conveyed by International • • • Planning Board Minutes 5 October 3, 1995 APPROVED 11/7/95 Associat Ithaca, Russler, and re -d subject ion of Machinis Tompkins County, Jr., L.S. dated ated August 9, 19 to the following is Local Lodge No. 1607, Town of New York ", prepared by Robert S. May 1, 1995, re -dated May 22, 1995, 95, and other application materials, condition(s): a, submission of copies of the the original plat to be signed or mylar by copy, and four (4) the Planning Board Chair prior to filing in the County Clerk's Office. Attorney Barney suggested the following additions: b, conveyance of the subdivided parcel to the owner of the Salino parcel within six months of this approval. C, Delivery to the Town Planner of a copy of the deed to such owner and of a copy of the communication to the Tompkins County Division of Assessment requesting consolidation with Tax Parcel 33 -3 -31 The Board concurred with Attorney Barney's suggestions. Assistant Town Planner George Frantz suggested the following addition: d, revision of the survey map title to reflect the current ownership of the subject parcel by the Ithaca Veteran Volunteer Firemens Association. The Board concurred with the suggestion made by Mr. Frantz. There being no further, discussion, the Chair called for a vote. Aye - Smith, Cornell, Hoffmann, Ainslie, Finch, Kenerson, Wilcox, Bell. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Smith declared the matter of Preliminary and Final Subdivision Approval for the Ithaca Veteran Volunteer Firemens Association to be duly closed at 7:47 p.m. J Planning Board Minutes 6 October 3, 1995 • APPROVED 11/7/95 OTHER BUSINESS Town Engineer Daniel Walker addressed the Board and stated that a request for a modification of an old subdivision was received. Mr. Walker stated that the Dawson's own a parcel off of Renwick Drive and Verdier owns the adjoining parcel. Mr. Walker stated that there was a very steep slope going down from Dawson's property, and the Dawson's wanted to expand their parcel slightly and take over some of the old gardens and clean the site up somewhat. Ms. Verdier is attempting to sell the parcel, so the Dawson's made her an offer of a 30 foot portion of her property. Mr. Walker stated that in order to do that, the lot line needed to be shifted 30 feet further down the slope. Mr. Walker stated that this was a part of the old Renwick Heights Subdivision of 1910. Mr. Walker stated that he did not feel that this was a very drastic change and made the determination that this was a minor change to a pre- existing subdivision. Mr. Walker stated that the parcels would be consolidated and that he had written a letter to Mr. Dawson, and approved the lot line modification. Mr. Walker stated that under the subdivision laws the Town Engineer can approve minor changes like this on existing subdivisions. Board Member Fred Wilcox asked whether Attorney Barney was • disturbed because there was no public hearing for the modification. Attorney Barney stated that he views a lot line modification of 30 feet and creating a lot that is 30 feet by 150 feet is really another lot formed. Even though this parcel will be absorbed into the larger parcel, the process is more than just moving the lot line a slight distance, it is creating another lot. Board Member Cornell stated that if there is a request as part of an approved subdivision, then the Town Engineer can approve the change. Ms. Cornell stated that she has felt that some things that the Planning Board is asked to review that are trivial that staff should be able to handle. Town Planner Kanter stated that some communities do not consider a simple two -lot subdivision as part of their subdivision definition. Mr. Kanter stated that there is nothing in the State Enabling Laws that tell municipalities how to define what a subdivision is. Board Member Cornell stated that if there are no environmental issues and -no variance required, then staff should be able to handle the minor issues. Town Engineer Walker stated that one of the things he looked at in this particular case is that the lot line has moved back and • forth several times. Mr. Walker stated that there is another request from two property owners from the Deer Run Subdivision, and Planning Board Minutes 7 October 3, 1995 • . APPROVED 11/7/95 whose lot lines were at an odd angle, the lot line was crossing into the front of the house on one property and the back of the house on the other property. Mr. Walker stated that they have asked to rotate that lot line about 30 degrees to straighten that lot line to make it more perpendicular to the road. Mr. Walker stated that he was in the process of approving that request and would bring it to the Planning Board at their next meeting. Chairperson Smith asked why this project did not come before the Board, since lot line modifications normally do. Town Engineer Walker stated that the Salino project was creating a new lot off a parcel that there was no previous subdivision that we know of. Mr. Walker stated that the Dawson request was a lotted subdivision with lot numbers on it. Mr. Walker stated that the Salino project was also in a commercial zone which would allow him to expand his business. Mr. Walker stated that someone might question the validity of the deed if it did not have Planning Board approval. Mr. Walker stated that he discussed that with Mr. Dawson and suggested that he take it to his attorney and see if they have a problem with that, and if there was the project should go before the Planning Board. There has been no response, so Mr. Walker is assuming that they have no concerns • about the validity of the deed. Board Member Cornell asked what Attorney Barney's concerns were about this approval. Attorney Barney stated that the language in Section 17 of the Subdivision Regulations says, "If there are modifications of the final plat requested by the subdivider subsequent to its filing in the office of the County Clerk, such request should be made in writing to the Town Engineer, who is hereby empowered to approve minor practical modification on behalf of the Planning Board." Attorney Barney stated that it goes on to say if requests for modification are, in the Town Engineer's opinion, substantial in nature then the approval of the Planning Board is needed any way. Attorney Barney stated that there is a subdivision map that is filed and the subdivider says that he does not like the way it looks and wants to make a minor adjustment, this process can be followed instead of going through the Board process to make that minor change. Attorney Barney stated that here, the subdivider is not requesting anything, which is what concerns him. Attorney Barney stated that Section 17 is a provision that should be used sparingly. Board Member Wilcox stated that by moving the lot line 30 degrees two parcels are created that have to be consolidated and • conveyed. Mr. Wilcox asked how far the Town should go with this. • • U Planning Board Minutes 8 APPROVED 11/7/95 i October 3, 1995 Board Member Cornell asked if the proposal Dan is working on now should be brought to the Board. Town Engineer Walker stated that technically the subdivider of the Deer Run Subdivision is requesting this change. Mr. Walker stated that this change would keep the two lots totally equal and is actually a better lot configuration that the original lot was. Board Member Wilcox asked if it was the intent for the subdivider to make those small changes and have the engineer approve it between approval and filing of the final plat. Attorney Barney stated that it clearly says, if there are modifications to the final plat requested subsequent to its filing at the Office of the County Clerk, Board Member Cornell stated that with Deer Run, it seems clear that what Attorney Barney read would apply. Board Member Wilcox asked if there were existing houses on the two lots in the proposal. Town Engineer Walker responded, yes. Chairperson Smith stated that Mr. Walker needed some guidance from the Board as to what it considers a minor modifications, to see what limitations should apply in these circumstances. Attorney Barney stated that there was case law about the Planning Board delegating some of its authority. Attorney Barney stated that the Town looked into the possibility of having two lot subdivisions dealt with entirely at the staff level. Attorney Barney stated that after doing some research, the Town concluded very clearly that the authority could not be delegated. The Subdivision Law says that two lot subdivision is a subdivision, Town Law says that the Planning Board must take care of all subdivisions. Attorney Barney stated that you could redefine so that a two lot subdivision is not a subdivision for purposes of subdivision approval process, that is okay. Attorney Barney stated that was another reason he would take the conservative approach on using this approval process. Board Member James Ainslie asked if the assessment of this property would be changed by this modification. Town Engineer Walker responded, no. Mr. Walker stated that the lots would stay equal in 'area. Planning Board Minutes 9 October 3, 1995 • APPROVED 11/7/95 Chairperson Smith noted that it was time for the next Public Hearing and that if the Board wished to further discuss the modification approved by Town Engineer Daniel Walker, that could be addressed later in the meeting. PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL SITE PLAN APPROVAL FOR THE PROPOSED SITE PLAN MODIFICATION OF COURTSIDE RACQUET AND FITNESS CLUB FOR CHANGES IN PROPOSED INTERIOR USES, RELOCATION OF AN EXISTING COOLING TOWER, AND A PROPOSED EXTERIOR STAIRWAY, 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 8:15 p.m. and read aloud from the Notice as posted and published and as noted above. David Bravo - Cullen of Corner Stone Architects, addressed the Board and stated that he had received approval. of site plan in May 1995, and showed the Board a copy of the plan. Mr. Bravo - Cullen stated that the changes were very minor to the outside, an outside stairway is proposed on the west side of the building instead of the south side of the building. Mr. Bravo - Cullen stated that they • were proposing a cooling tower on the north side of the building. Mr. Bravo - Cullen stated that inside, the proposed changes are a consolidation of existing day care. Currently there is daycare in several places throughout the facility, and they wish to consolidate them into one place on the first floor in what was previously called "new leased space ". Mr. Bravo- Cullen stated that the daycare area on the first floor would be turned into a toilet room and locker area for people confined to wheel chairs and two tanning booths. Mr. Bravo - Cullen stated that the second floor which is the vacated infant day care would become free for space as an office and two massage rooms. Mr. Bravo - Cullen stated that they would be putting in new windows. Board Member Candace Cornell asked whether there would be a retail section at the facility. the massage rooms, it was determined that Mr. Bravo - Cullen responded, no. Thomas Murray owner of Courtside Racquet and Fitness Club, addressed the Board and stated that through trying to find someone to lease the space for the massage rooms, it was determined that the amount of space available was more than what was needed, so therefore the switch of the childcare to the front space. Board Member Cornell asked if there would be separation • between the infant child care and the care center for the older children. Planning Board Minutes 10 October 3, 1995 APPROVED 11/7/95 Mr. Murray responded that there would be a knee -high wall between the two spaces for separation with visibility and a childrens bathroom within that space, with a five- foot -high wall to allow staff to hear what is going on in the restroom. Board Member Fred Wilcox stated that he was pleased to see that the staircase that had previously been proposed close to the property line was moved. Board Member Cornell asked if the Building and Zoning Officer, Andrew Frost, had reviewed the newly proposed staircase. Mr. Bravo - Cullen responded that Mr. Frost had seen it and was the person that referred him to the Planning Board, Chairperson Smith asked what material the staircase would be made of. Mr. Bravo - Cullen responded that it would be steel with a mesh design so that the snow could go through the steps instead of building up on them. Board Member Cornell asked if the stairway would be covered. Mr. Bravo - Cullen responded that they would not be covered. Chairperson Smith asked what the purpose of having the cooling tower outside was. Mr. Bravo - Cullen responded that the cooling tower was currently located inside and that it was not getting enough air, which was causing problems. for. Board Member Cornell asked what the coolant tower was needed Mr. Bravo - Cullen responded that it was part of the heating and cooling system for the facility. the air conditioning process. Mr. put a new cooling tower in that It is used to dissipate Murray stated that in building he would have heat in order to to tear apart the roof or wall in order to move into the building because it comes in as requirement, it one large unit. seemed to make most Between that issue and sense to have it outside. the air Board Member Cornell asked if the tower was noisy. Mr. Bravo - Cullen stated that it makes some noise. Mr. Murray stated that it would be located within the existing landscaped area, and are looking to take away three parking spaces and extend the landscaping area with the same materials around it. Planning Board Minutes 11 October 3, 1995 • APPROVED 11/7/95 Chairperson Smith asked how high the tower would be. Mr. Bravo - Cullen stated that the cooling tower would be 13 feet high. Board Member Cornell asked if the tower would be located in the part of the property that faces the cemetery. Mr. Bravo - Cullen responded, yes. Board Member Bell asked what the fence would be made of. Mr. Bravo - Cullen responded that it would be a wooden fence similar to the fence that already exists there. Board Member Bell asked if that would allow for air to flow through it. Mr. Bravo - Cullen responded that the air flow happens higher up and that there was also space between the fence and the cooling tower. Mr. Murray stated that there was approximately 7 feet on either side of the cooling tower. Chairperson Smith noted that this was a Public Hearing and asked if anyone from the public wished to speak. No one spoke. Chairperson Smith closed the Public Hearing and brought the matter back to the Board for discussion. Mr. Bravo - Cullen stated that there was previously 132 parking spaces, and now there would be 130 spaces. Board Member Cornell asked how noisy the tower was. Mr. Bravo - Cullen responded that he did not know, but that it would not be as noisy as traffic going by the property. Mr. Murray stated that there was a pretty old system in club currently and it can not be heard inside. Board Member Cornell asked where the location of the nearest emergency exit was relative to the location of the day care. Mr. Bravo - Cullen showed Ms. Cornell where the emergency exits were located on the drawing. Mr. Murray stated that the separation wall between the child care and infant child care areas was short enough where infants could be handed over the wall in the event of an emergency. Attorney Barney stated that there were presently two locations • for the existing day care. Attorney Barney asked if there were two people monitoring the day care areas. Planning Board Minutes 12 October 3, 1995 OAPPROVED 11/7/95 Mr. Murray stated that part of the reasoning of placing all child care together would be for more efficient staffing, and that he has two to three people monitoring the children currently in each child care area. Board Member Cornell asked if Courtside abided by the State's recommendation about the number of care takers for infants. Mr. Murray stated that they are a babysitting service, not a day care service. Mr. Bravo - Cullen stated that there was a ratio of 4:1, infants to adults and the state recommends a ratio of 3:1. Mr. Murray stated that there have been times that he has helped out in the child care areas when additional help is needed. Board Member Eva Hoffmann asked if the windows on the south elevation were boarded up. Mr. Bravo - Cullen stated since Courtside was initially that he was trying to say that the previous windows, which i the building. that the windows have been blocked completed. Mr. Bravo - Cullen stated the new windows are the same size as still an architectural feature of • Board Member Hoffmann stated that it should the first page of the EAF that the cemetery is use. The Board concurred with this suggestion, hereby amended as above, be indicated on an adjacent land and the EAF is Chairperson Smith asked if there was any further discussion. There being no further discussion, Chairperson Smith asked if anyone were prepared to offer a motion. MOTION by Candace Cornell, seconded by Gregory Bell: 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 first floor interior alterations, including a new daycare area (formerly the proposed new leased space) , an infant daycare area and associated lavatory, two new tanning booths, handicapped lockers and associated lavatory; second floor interior alterations to include two new massage booths and an additional office, (formerly infant daycare and tanning booth; exterior alterations to include: new exterior stairs and associated new door proposed to be located on the west side of the building (formerly proposed for the south side of the • building), the removal of three parking spaces on the northeast corner of the building for the addition of a cooling tower with associated curbing, fencing and landscaping, the Planning Board Minutes 13 October 3, 1995 0 APPROVED 11/7/95 • changing of a handicapped parking space to a standard parking space on the east side of the building and the addition of one parking space on the south side of the building (formerly the location of the proposed new stairs) for a total loss of two parking spaces. In addition, 23 new windows are being proposed to be located in various locations on both the first and second floors. 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 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 October 3, 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 and September 5, 1995, Floor Plans entitled "Alterations to: Courtside Racquet & Fitness Club, First Floor Plan ", dated July 10, 1995 and revised 7/17/95 and 8/8/95, "Second Floor Plan" dated July 10, 1995 and revised 7/17/95 and 8/8/95, "Exterior Elevations ", dated July 17, 1995, and "Detail Floor Plans" dated July 10, 1995 and revised 7/17/95, 8/8/95 and 9/5/95, prepared by Cornerstone Architects, and additional application materials, and 4. 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 Planning Board 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. There being no further discussion, the Chair called for vote. Aye - Smith, Cornell, Hoffmann, Ainslie, Finch, Kenerson, Wilcox, Bell. Nay - None. The MOTION was declared to be carried unanimously. Planning Board Minutes 14 October 3, 1995 • APPROVED 11/7/95 MOTION by Candace Cornell, seconded by James Ainslie: • 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 first floor interior alterations, including a new daycare area (formerly the proposed new leased space), an infant daycare area and associated lavatory, two new tanning booths, handicapped lockers and associated lavatory; second floor interior alterations to include two new massage booths and an additional office, (formerly infant daycare and tanning booth; exterior alterations to include: new exterior stairs and associated new door proposed to be located on the west side of the building (formerly proposed for the south side of the building) , the removal of three parking spaces on the northeast corner of the building for the addition of a cooling tower with associated curbing, fencing and landscaping, the changing of a handicapped parking space to a standard parking space on the east side of the building and the addition of one parking space on the south side of the building (formerly the location of the proposed new stairs) for a total loss of two parking spaces. In addition, 23 new windows are being proposed to be located in various locations on both the first and second floors. 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 October 3, 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 October 3, 1995, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I submitted by the applicant, 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 "Alteration & Fitness Club, First Floor Plan ", d� revised 7/17/95 and 8/8/95, "Second Flc 1995 and revised 7/17/95 and 8/8/95, dated July 17, 1995, and "Detail Floo7 1995 and revised 7/17/95, 8/8/95 an Cornerstone Architects, and additional 1995 and September 5, to: Courtside Racquet .ted July 10, 1995 and or Plan" dated July 10, "Exterior Elevations ", Plans" dated July 10, 1 9/5/95, prepared by application materials. 0 • • Planning Board Minutes 15 October 3, 1995 APPROVED 11/7/95 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 2. 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 and September 5, 1995, Floor Plans entitled "Alterations to: Courtside Racquet & Fitness Club, First Floor Plan ", dated July 10, 1995 and revised 7/17/95 and 8/8/95, "Second Floor Plan" dated July 10, 1995 and revised 7/17/95 and 8/8/95, "Exterior Elevations ", dated July 17, 1995, and "Detail Floor Plans" dated July 10, 1995 and revised 7/17/95, 8/8/95 and 9/5/95, prepared by Cornerstone Architects, and additional application materials subject to the following conditions: a, submission of a landscape plan for the area labeled "Extend Landscaping ", showing plant materials which are appropriate for forming an effective vegetative screen for the proposed 14 foot high cooling tower, to be approved by the Town Planner, b, submission of a revised site plan showing the proposed new door to the daycare area. C, submission of an original or mylar copy of the final site plan. There being no further discussion, the Chair called for a vote. Aye - Smith, Cornell, Hoffmann, Ainslie, 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 Modification of Courtside Racquet and Fitness Club to be duly closed at 8:40pm. Planning Board Minutes 16 October 3, 1995 eAPPROVED 11/7/95 OTHER BUSINESS Board Member Eva Hoffmann stated that after the Ryder Truck proposal was approved, she remembered reading in the minutes that the plantings have been done on the Scott Hamilton Property, Ms. Hoffmann asked where they had been done because she did not see any plantings on that property. M Referring back to the Dawson proposal which was discussed earlier in the meeting tonight. Chairperson Smith stated that he felt that the Planning Board members were saying that the projects should come before the Board for review and approval instead of being approved by the Town Engineer. Board Member Herbert Finch stated that he did not understand the legal problem that Attorney Barney was describing in relation to the Town Engineer approving these types of changes. Attorney Barney stated that his concern is that this change is making a new, land - locked parcel to be consolidated with another parcel at some point in the future; not simply moving a lot line. • Attorney Barney stated, to his mind, creating that much of a deviation is more than a minor modification of a lot line. Board Member Finch stated that he has felt that there have been minor issues that the Board gets involved with and has wondered why the staff could not have handled it. Attorney Barney stated that another issue was the delegation of authority. Attorney Barney stated that he was not sure how valid this provision is since it was put in when the subdivision regulations were adopted in 1984. Attorney Barney stated that the provision reads, "If there are modifications of the final plat requested by the subdivider subsequent to its filing in the Office of the County Clerk, such request shall be made in writing to the Town Engineer who is hereby empowered to approve minor practical modifications on behalf of the Planning Board. When, in the opinion of the Town Engineer, the request for modifications are substantial in nature, scope, or extent, and materially effect the subdivision plat as approved by the Planning Board, the Subdivider shall not proceed without the approval of the Planning Board." Attorney Barney stated that he was unsure what was minor and what would not be minor and where that line would be drawn. Attorney Barney stated that he needed to research whether or not this was a valid delegation of authority. Board Member Cornell stated that if the Town Engineer consulted with the Planning staff to make the determination of whether or not a modification was minor and practical might work. Planning Board Minutes 17 October 3, 1995 • APPROVED 11/7/95 Board Member Wilcox stated that he felt that minor meant not creating a new lot, under the way the statutes are written as expressed by John Barney. Attorney Barney stated that the intention is to adjust errors made by the subdivider. Attorney Barney stated that he would do some research on this issue to satisfy himself as to whether or not it is legally permissible delegation. Town Planner Jonathan Kanter stated that the wording was developed by the Town. Mr. Kanter stated that the wording did not come from State Law so it could be changed. Town Planner Kanter stated that regarding the Cornell University Special Land Use District Proposal was seen by the Town Board.at their Meeting on October 2, 1995, and was not adopted. Mr. Kanter stated that there were some additional minor wording changes that needed to be addressed. Mr. Kanter stated that there were also additional comments made at the Public Hearing which were primarily repetitious of what was heard before. Mr. Kanter stated because of that, the Town Board decided not to take action on it yet, until they incorporate the wording changes. Mr. Kanter stated that the Town Board went on to approve the establishment of a • Transportation Committee as a precursor of the SLUD. Mr. Kanter stated that the Committee would be constituted of two Town Board Members, one Planning Board Member, which would be either the Chair or a designated member, three representatives of Cornell, to be determined by Cornell, one representative of the Forest Home Improvement Association, to be selected by the Association, and one representative from the East Ithaca area, to be selected by the Town Board, Mr. Kanter stated that will be set up and a meeting of that Committee will be scheduled for sometime in late November. Mr. Kanter stated that the Planning Board should consider who they wish to be their representative on this committee. Board Member Eva Hoffmann stated that she would be interested in being a member of the Transportation Committee. The Board Members concurred with Ms. Hoffmann being the representative for the Planning Board on the Transportation Committee, Town Planner Kanter stated that he would report that to the Town Board, AGENDA ITEM: PRELIMINARY DISCUSSION OF SUGGESTED REZONING OF CERTAIN PARCELS, REFERRED BY THE CODES AND ORDINANCES COMMITTEE FOR PLANNING BOARD COMMENT. • Chairperson Smith declared the above -noted matter duly opened at 8:45pm, and read aloud from the Planning Board Agenda. Planning Board Minutes 18 October 3, 1995 OAPPROVED 11/7/95 Town Planner Jonathan Kanter stated that the suggested rezoning proposal came about at the request of the Town Board which was concerned with some of the remaining zoning districts on properties that have been zoned as either SLUDs, Multiple Residence Districts, or in some cases, other non - residential types of districts. Mr. Kanter stated that most of these properties are where parcels were rezoned with specific development proposals that were being considered at the time. Mr. Kanter stated that the Town Board asked the Codes and Ordinances Committee to look at some of these parcels and come up with some recommendations as to whether the existing zoning is still appropriate. If the existing zoning was determined not to be appropriate, to then recommend possible changes of the zoning. Mr. Kanter stated that staff had provided the Planning Board Members with a full description of the analysis which has been done over the past few months. Mr. Kanter stated that this is for preliminary feedback from the Planning Board, and that the landowners had not yet been contacted on this yet, and that this would then go back to the Codes and Ordinances Committee before it goes into a more formal proposal. Mr. Kanter stated that there were six sites being recommended for rezoning and that they could review each one briefly. e Mr. Kanter listed the proposed rezoning locations: the Indian Creek SLUD, located off Trumansburg Road; two Multiple Residence District Parcels located on East King Road; part of the Noah's Boat Yard property off of East Shore Drive; the remaining Ithaca College parcel on Danby Road adjacent to the Ithacare parcel; and Mr. Auble's property at the intersection of East King Road and Danby Road. Mr. Kanter stated that some of the proposals are fairly straightforward and should be easy to handle. Some of the other proposal will be more complicated and should be discussed one at a time. Mr. Kanter stated that Indian Creek Retirement Community is a 69.8 acre parcel that was zoned for SLUD number six in 1989, for a specific development proposal for the retirement community consisting of 140 units and no development activity ever took place on that site. Mr. Kanter stated that there was no current development on that site. Mr. Kanter stated that looking at the Comprehensive Plan, the recommendations are for Agriculture and Conservation Open Space on large parts of the property and then a small strip of Rural Residential on Trumansburg Road directly. Board Member Cornell asked if that was the portion of Trumansburg Road where there is no sewer and water service. • • r� U • Planning Board Minutes 19 APPROVED 11/7/95 October 3, 1995 Town Planner stated that there is a water main along there but no sewer currently. One idea was to extend sewer from the Poyer Subdivision on Evergreen Lane, but that has not happened yet. Mr. Kanter stated that most of the site is in a New York State Agricultural District which is an indicator of good potential for farming. Mr. Kanter stated that the staff recommendation and the Codes and Ordinances Committee agree on this property, that it be rezoned back to its original AG- Agricultural District, Board Member Bell asked if the staff was aware of any activity for development on any of these proposals. Mr. Kanter stated that there was a particular parcel that the staff was aware of potential development, which will be addressed when that property comes up later in this meeting. Mr. Kanter stated that there was nothing specific that staff was aware of for a number of years on this site. Attorney Barney stated that the process here was to get a feel from the Planning Board if there was an objection or a problem with the recommendation before notifying the landowners. Board Member James Ainslie stated that Mr. Babcock has the property for sale. Chairperson Smith asked if there was an objection to the recommendation. No objections were indicated. Attorney Barney stated that the Board needed to come to a consensus because it will come back to the Board to be approved formally as a recommendation to the Town Board, but at this point, it was being returned to the Codes and Ordinances Committee, and then notify the owners that these are under consideration and let them come and voice their opinion to the Committee. Chairperson Smith asked what the opinion of the Board was on the Cornell University property off East King Road, adjacent to Hospicare. Town Planner Kanter stated that this property and the Manos property were part of the original Beacon Hills Development, which also became known as the original Chase Pond project and Butterfield Subdivision. Mr. Kanter stated that after the original proposals did not work out, the middle parts of the property were sold, the West part for Hospicare and the East part for what is now the Saunders Road Subdivision, Mr. Kanter stated that Hospicare is R -30 and Saunders Road is R -15. Mr. Kanter stated that the recommendations were based on rezoning to the same as the surrounding properties. Planning Board Minutes 20 October 3, 1995 • APPROVED 11/7/95 Chairperson Smith asked if there were any objections to the recommendations for the two parcels on East King Road, 0 • The Board concurred with the recommendations. Chairperson Smith asked that the Board address the recommendation for Noah's Boat Yard located on East Shore Drive. Town Planner Kanter stated that this MR Zoning was strange because they were unable to find any record of why this property was zoned Multiple Residence. Mr. Kanter stated that staff could not find any proposal for the rezoning or proposed development records for this property. Mr. Kanter stated that part of this property went up to the Unique Natural Area at Renwick slopes. Board Member Fred Wilcox asked if rezoning to an R -30 would be more appropriate due to he thought that there the steep slopes. Mr. Wilcox was R -30 property bordering this stated that parcel. Mr. Kanter stated that there was R -30 near this property, but the rationale was that the remainder of the Noah's Boat Yard property is R -15, so it seemed to make sense not to split up the property too much. Mr. Kanter stated that the other part of the property is Business E District. Board Member Wilcox corrected his earlier statement, indicating that there was no R -30 District bordering it. Board Member Hoffmann stated that there was some discussion about the Cornell Cooling Plant being built, and Cornell and the Town of Ithaca trying to buy this piece of property jointly. Board Member Cornel consideration in the deci: Town Planner Kanter interesting in was the railroad on the south end 1 asked if that should be taken into ;ion making process of this piece of land. stated that the main area Cornell was waterfront part which is west of the Chairperson Smith asked if there were any objections to this recommendation. No one had any objections as presented. Chairperson Smith asked that the Board address the Ithaca College parcel which is located on Danby Road adjacent to Ithacare . Town Planner Jonathan Kanter stated is split off, and the site on the North Kanter stated that was the bulk of the Kanter stated that the South Hill Retail of that site. Mr. Kanter stated that a property is zoned R -9 on the West side that the site on the South is the old NCR site. Mr. Industrial District. Mr. Site is just to the North part of the Ithaca College toward Stone Quarry Road, Planning Board Minutes 21 October 3, 1995 • APPROVED 11/7/95 which did not make much sense since that area is so steep. Mr. Kanter stated that the possibility of having sewer there was not very likely. Chairperson Smith asked if there was any reason why the rezoning needed to be held to the property lines. Mr. Kanter responded, no. Mr. Kanter stated that they wanted to keep the process as clean and simple as possible. Board Member Cornell asked about the view across Tax Parcel No. 39- 1 -1.3, the Ithacare College portion being discussed at this meeting. Board Member Hoffmann stated that maybe the Planning Board could have some sort of view protection built into this rezoning. Board Member Gregory Bell stated that the rezoning process of the six parcels is subject to SEQR. Mr. Kanter stated that one would look at the Comprehensive Plan, which talks about recommending limited industrial areas on that part of the Town of Ithaca, and the idea is to come up with areas in the Town which would be appropriate for either less intrusive light industrial type of development or some kind of office park development; recognizing that the heavier industrial types of uses that are permitted in the "I" District are not as likely as in past years to be locating in the area and are less desirable types of industry to be located there. Board Member Gregory Bell asked if there were any known plans of using this property for educational use, since it is owned by Ithaca College. Board Member Kenerson stated that Ithaca College has stated that they wish to stay on the East side of the road. Attorney Barney stated that the Board should understand that at this time this entire piece of property is zoned industrial, and the recommended change would be down- zoning this property. Board Member Cornell asked if this could be rezoned to a permanent open space. Attorney Barney stated that he would like to put more thought into that suggestion before deciding how much the Town was willing to pay to have the privilege of having it rezoned to a permanent open space because it would be pretty close to a taking. Planning Board Minutes 22 October 3, 1995 • APPROVED 11/7/95 Town Planner Kanter stated that the R -9 section of this property might appear to be changing to a higher density or level of use by changing that to Business "A", but in reality, that part becomes part of the entire Business "A" parcel. Mr. Kanter stated that if a site plan came before the Board for approval, it would be the upper part of the site that would be developed and the bottom part would remain as open space perhaps. Town Attorney Barney stated that the Planning Board would have a chance to deal with the whole parcel if this recommendation is approved. Attorney Barney stated that if the recommendation is not approved, then it would remain 24 acres of Industrial and 14 acres of R -9. Board Member Cornell stated that she would like to see this property down zoned even more than this proposal because she does not feel that the land was appropriate for building. Town Planner Kanter stated that the Committee also discussed a new office campus /office park zone, although Business "A" allows other uses as well, such as some retail uses. Mr. Kanter stated that the Committee felt that a quick immediate solution, that using District Business "A" was a lot better than heavy industrial. Board Member Wilcox stated that it appeared that the Board felt that there was no problem with the proposed recommendation, but was unsure if this was the particular right answer. Chairperson Smith asked if there were any objections to the recommendation as presented. There were no objections raised at this point. Chairperson Smith asked that the Board address the Auble property recommendation, which is located on Danby Road. Chairperson Smith stated that the proposal is to rezone from Business "D" to Business "C"; from Residence R -15 to R -30; and to reduce overall size of Business "C" and Multiple Residence Districts, Board Member Cornell asked if notice of tonight's discussion of the proposed changes was published. Town Planner Kanter responded, no, the agenda was posted in the Announcement Box located outside of the Town Hall main entrance and on the Bulletin Board just inside the entrance of Town Hall, Attorney Barney stated that this was a very preliminary submission to determine whether or not the Planning Board has reservations on these changes as recommended. Attorney Barney stated that the proposals would come back before the Planning Board before any formal action and a Public Hearing will be held. Planning Board Minutes 23 October 3, 1995 • APPROVED 11/7/95 Chairperson Smith asked how the current zoning was determined. • Town Planner Kanter stated that the property was rezoned specifically to box out the specific areas for a proposal made by MAT Associates in 1969, which consisted of 150,000 square foot shopping center, 312 multi family units, 25 single family units, and a service station. Mr. Kanter stated that those pieces were never subdivided, this is all one parcel from a deed standpoint. Mr. Kanter stated that the Town Board required a concept plan in 1969, and that is in the record. Board Member James Ainslie asked whether Mr. Auble was.upset about the zoning of his land. Attorney Barney responded that he was not upset at this time, but may become upset when he sees this proposal. Board Member Herbert Finch stated that he may think that this will take away some of his options to develop his property. Town Engineer Daniel Walker stated that Mr. Auble thinks it is going to reduce the value of his property. Chairperson Smith asked what the major differences were between Business District "C" and District "D ". Attorney Barney responded that Business District "D" is purely gas stations. Town Planner Business District neighborhood comme Kanter stated that but not something similar in size to stated that the "C" to 6 to 7 rcial center to be it seems to be an the size of the that. thought behind reducing the acres was to still allow a placed there if desired. Mr. appropriate area for that use, East Hill Plaza or something Chairperson Smith asked how that related to the size of Sam Peters, in acreage. Attorney Barney stated that this site was considerably larger. Board Member Cornell asked if the proposals being reviewed tonight were all of the parcels in the Town of Ithaca that may have inappropriate zoning. Planning Board Minutes 24 October 3, 1995 • APPROVED 11/7/95 Town Planner Kanter stated that there was at least one other parcel that the Committee had looked at on Fiddler Road which is zoned Multiple Residence, which has some single family houses there. Mr. Kanter stated that this parcel was rezoned in the late 1970s, which would have required bringing water and sewer to the site. Mr. Kanter stated that the proposed development was never completed due to financial reasons. Mr. Kanter stated that the area seems appropriate for that kind of development, which is not fully developed single family neighborhood, but a mixed group of housing options. Chairperson Smith stated, going back to considerations for the Auble property, that the information provided states that there was formerly a Business "C" District on this property, and asked how big that was. Attorney Barney, referring to a sketch prepared by Town Planner Jonathan Kanter, stated that the sketch showed the existing zoning as shown currently on the tax maps, and the suggested zoning if the recommendations were adopted. Town Planner Kanter stated that he would need to go back and look at the plans that were submitted at the time that MAT • Associates brought in the development proposal outlined tonight, but that there was some Business "C ". Chairperson Smith stated that it seemed as though the proposed Business "C" was a reasonable size for that area. Town Planner Kanter stated that one of the other important parts was while making MR a smaller space by the proposal, and changing the R -15 to R -30 and providing a much stronger, larger buffer to the State Park, which was a main concern of the Committee. Mr. Kanter stated that toward the park there was a creek, possible wetlands, and steep slopes that were of concern as well. Town Planner Kanter stated that DeHarder, who had proposed two affordable housing developments in March, one on this site and one on the Raponi property along Coddington Road, has applied to the State Division of Housing for Low Income Housing Tax Credits, Mr. Kanter stated that he had heard that Housing Tax Credit were approved for those two projects and subsequently within the last two weeks the Planning Department has heard from the property owners, or representatives of the property owners, for those two parcels, Auble and Raponi, about beginning the process of subdividing the parcels so that the land sales could be made to DeHarder so that they could begin their housing proposals. Mr. O Kanter stated that, as of this date, the Planning Department has not seen any specific proposals from DeHarder. Mr. Kanter stated that they have seen very sketchy concept plans. Planning Board Minutes 25 October 3, 1995 • APPROVED 11/7/95 Board Member Cornell asked if the Town could rezone the property knowing that. Attorney Barney stated that a property can be rezoned until the Building Permit is issued. Town Planner Kanter stated that the DeHarder concept plan for the Auble property is about 160 multi - family units. Chairperson Smith asked if there were any objections to the proposed recommendations for rezoning of the Auble property. There were no objections from the Board Members at this time. Board Member Hoffmann stated that the recommended zoning changes would be a good improvement. Board Member Cornell asked if the motivation of the Board was to have less dense development of the area. Town Planner Kanter stated that the area would be less dense but recognizing that the basic uses of commercial and multiple residence seem to be appropriate and follow the recommendations of the Comprehensive Plan, but not to the magnitude that could be done • under current zoning. Mr. Kanter stated it did not make sense to leave the zoning that was done in 1969 for a totally different development proposal. Board Member Cornell stated that she was in favor of these changes as well as the others discussed tonight. Board Member Wilcox stated that he was comfortable with the concept, but was unsure if he was comfortable with whether the lines that have been picked ar the right ones. Chairperson Smith stated that the lines for Multiple Residence surrounds the Business "C" was for the possibility of multiple access points. Town Engineer Walker stated that there was a through road in the original concept plan. Chairperson Smith asked if there was any other discussion regarding the proposed recommendations for zoning changes. There was none. Chairperson Smith closed the discussion on the above - noted matter. • Planning Board Minutes 26 October 3, 1995 • APPROVED 11/7/95 AGENDA ITEM - OTHER BUSINESS. (Continued) Chairperson Smith stated that there was an additional item that he wished to discuss. Chairperson Smith stated that he had listened to the tapes with the Recording Secretary, Starr Hays, and they were very difficult to understand and make any sense of. Chairperson Smith stated that was largely from a lack of control among the Board members. When an applicant comes forward, Board Members could ask to be recognized and then speak in a controlled manner, then wait for the answer before moving on to another subject or question. Board Member Cornell asked if the Board Members were supposed to ask to be recognized. Chairperson Smith responded, yes, certainly when the applicant is making the presentation, or a member of the public is speaking. Chairperson Smith stated that when there are discussions among the Board it can be clear as long as one person speaks at a time, wait for the answer before another speak. Chairperson Smith stated that the Board Member all need to confine their comments and thoughts to the issue being addressed. Chairperson Smith stated that if the Board Members had something that needed to be discussed without the entire Board, to please cover the microphone while speaking and to try to keep it quiet so that it does not pick up on the tapes. Board Member Cornell stated that it was very hard to transcribe from tapes. The Board concurred with Chairperson's suggestions for a more controlled manner. Board Member Ainslie stated that Chris Muka came before the Board to have a development on Sheffield Road. Mr. Muka is breaking through for his cul -de -sac, and has signs up that say "lots for sale ". Mr. Ainslie stated that there was no approval granted by this Board until he showed that there was water possibilities. Planner JoAnn Cornish stated that he had only been in for Sketch Plan. Board Member Ainslie asked if it was legal for Mr. Muka to sell a lot. Town Planner Kanter responded, no, he should not even be advertising them as lots. Board Member Ainslie stated that he was worried that someone • that does not know the area may not be aware of the problem with water. Planning Board Minutes 27 October 3, 1995 • APPROVED 11/7/95 Planner Cornish stated that there was a citizen in the Town of Ithaca that was concerned because they were starting to build homes because it appeared that there was a lot of activity on that site. Ms. Cornish stated that Mr. Muka does have a logging permit for that area, so she explained to the citizen that there was a logging permit and that he would be notified when Mr. Muka came before the Board again. Town Engineer Walker asked where the logging permit was filed. Planner Cornish responded that she called DEC to make sure that Mr. Muka did not need a permit, and he doesn't because there is a substantial wetland on that site. Board Member Wilcox stated that Chris Muka logged some land on Route 96 and left a very visible scar on the earth. Town Engineer Walker asked if earth was being moved or if he was just cutting trees. Board Member Ainslie stated that he was just cutting trees and moving logs. • Town Planner Kanter stated that Town staff would check into it. Board Member Bell stated that he had a proposal for consideration of the calendar for the next year. Mr. Bell stated that today was the beginning for a Jewish Holiday Yom Kippur, which is considered the peak of the whole annual Jewish holidays, and given the fact that there are a number of Jewish people in the Town of Ithaca, Mr. Bell did not think that there should be any meetings held on this day. Mr. Bell stated that the County Board of Supervisors has its normal meeting tonight and they had it yesterday instead of today. Mr. Bell stated that he thought that the Town should do the same. The Board concurred with Mr. Bell's statement. There appearing to be no further discussion, the Chair closed this segment of the meeting. • Planning Board Minutes • ADJOURNMENT 28 APPROVED 11/7/95 Upon MOTION, Chairperson Smith closed meeting of the Town of Ithaca Planning Board 9:40pm. 10/23/95. • • October 3, 1995 the October 3, 1995 to be duly closed at Respectfully submitted, Starr Hays, Recording Secretary, Town of Ithaca Planning Board. Wza ,d 6 Mary S. Bryant, Administrative Secretary.