HomeMy WebLinkAboutPB Minutes 1998-10-20TOWN OF ITHACA PLANNING BOARD
OCTOBER 20, 1998
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The Town of Ithaca Planning Board met in regular session on Tuesday, October- 6, -1998, in
Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m.
PRESENT: Fred Wilcox, Eva Hoffmann, Gregg Bell (7:41 p.m.), Robert Kenerson, James Ainslie,
Tracy Mitrano, Larry Thayer, Jonathan Kanter, Director of Planning; John Barney, Attorney for
the Town (7-.43 p.m.); Dan Walker, Director of Engineering (8:35 p.m.); George Frantz, Assistant
Town Planner; Christine Balestra, Planner (7:58 p.m.).
ALSO PRESENT: James Henry Teeter, 178 Seven Mile Drive; Jim Semp, Waldorf School;
Jekabs Pulsts (Chef Yeppi), 919 Elmira Road; Cynthia Bond, True, Walsh & Miller; Elsie
McMillan, 812 Elmira Road; Robert Carlson, 183 Seven Mile Drive; Therese Marchell, 128
Glenside Road; Lorrayne Moran, 4 Hackberry Lane; Clayton Moore, 104 Enfield Falls Road;
Stephen Gibian, 1379 Coddington Road; Art Katy Pearce, 339 Bostwick Road; Patti Tom
Farrell, 151 Enfield Falls Road; Lauren Bishop, Ithaca Journal; Jane Schantz, 855 Five Mile Drive;
Peter Karp, Cornell; John Kioter, Cornell; Kathryn Wolf, Trowbridge and Wolf; JoAnn Cornish,
City of Ithaca; Stephen Weldon, 225 Snyder Hill Road; Nancy O'Brien, 20 King Street; Richard
Entlich, 320 Linn Street; Deborah Mandle, Waldorf Parent; Joe Amato, 504 Five Mile Drive; Patti
Amato, 504 Five Mile Drive; Ardyth Gillespie, 144 Coy Glenn Road.
Chairperson Wilcox declared the meeting duly opened at 7:37 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 October 13, 1998, and October 14, 1998, together with the
Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of each of the
Danby, upon the Tompkins County Commissioner of Planning, upon the Tompkins County
Commissioner of Public Works, and upon the applicants an/or agents, as appropriate, on October
147 1998. (Affidavit of Posting and Publication is hereto attached as Exhibit #1)0
Chairperson Wilcox 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 Wilcox introduced Tracy Mitrano as the new Planning Board member.
AGENDA ITEM: SEQR Determination, La Tourelle elevator addition and changing room
conversion, 1150 Danby Road.
I
ti
PLANNING BOARD MINUTES PAGE 2 OCTOBER 20, 1998
APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED
Chairperson Wilcox declared the above -noted matter duly opened at 7:40 p.m., and read
aloud from the Agenda.
Walter Wiggins, La Tourelle, stated he wanted to provide handicap access from the lobby to
the banquet facility of the inn. Mr. Wiggins would like to install an elevator for that need. - He
would also like to convert the club house into a cottage. He requested the board consider allowing
the elevator to run to the second floor of the inn. It is not included in the application because
they wanted to complete the application in time and be able to start construction.
Board Member Hoffmann asked if the tennis facilities would appear again.
Mr. Wiggins responded he did not think so. There is not a need in the community as there
was when it was built.
Board Member Hoffmann asked on Site Plan S2, to the North of the club house, there is
an area of parking for a building addition and driveway.
Director of Planning Kanter stated the area is part of the approved site plan when the
Special Land Use District was initiated.
Board Member Hoffmann stated the new proposal of extending the elevator to the second
floor would mean that the appearance of the building would be different from the elevation plans.
Mr. Wiggins explained the proposed unit would encompass the window and go up to the
second floor.
Board Member Hoffmann stated Plan A2 shows the addition going up one more floor on
the facade that faces to the South and does not extend to the West. It would line up with the
gable end.
Director of Planning Kanter stated it would change the second level floor plan. Planning
would need to receive revised drawings that reflect the changes.
Board Member Hoffmann stated it makes sense to have the elevator serve the second floor
also. Her concern is how it would look.
Mr. Wiggins stated they were also concerned and he feels the problem can be solved
appropriately.
Director of Planning Kanter stated it would be the same elevator as described in the packet.
PLANNING BOARD MINUTES PAGE 3 OCTOBER 20, 1998
APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED
Board Member Hoffmann asked what type of provision could be in the resolution to make
sure someone sees the floor plans. Does not having the second floor included in the plans cause
problems?
Director of Planning Kanter stated it slightly changes the way the public hearing was
worded. It refers to the addition of an elevator to provide handicap accessibility from the lobby of
the inn to the lower level banquet room. It did not cover the extension to the second floor.
Mr. Wiggins stated they had a ti
on to the next agenda, he would be able
get into the ground. The foot plan does
in advance. If they were able to get
construction part that would be effected
me and weather problem. If there is a way they could get
to produce the plans. It is a matter of them being able to
not change and the elevator needs to be ordered ten weeks
on the next agenda, they would not have reached the
before that time.
Director of Planning Kanter stated it is not a problem to have the applicant on the next
agenda.
Attorney Barney stated the application could be given preliminary approval subject to final
approval.
Director of Planning Kanter stated it would not effect the SEQR determination and issue a
negative determination, and then consider preliminary site plan approval.
Chairperson Wilcox duly closed the SEQR Determination for La Tourelle at 7:49 p.m.
MOTION by Robert I(enerson, seconded by Lawrence Thayer:
WHEREAS:
1. This action is the Consideration of Preliminary and Final Site Plan Approval for the proposed
modocation of La Tourelle Country Inn, to include the addition of an elevator to provide handicap
accessibility from the second floor to the lobby of the Inn to the lower level banquet room, and conversion
of the former changing room for the tennis courts into an overnight guest room, located at 1150 Danby
Road (Route 96B), Tax Parcel No. 36- 1 -4.2, Special Land Use District (SLUD) No. 1. Walter
and Joyce Wiggins, Owners /Applicant; Leslie Leonard, Agent, 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, on October 20, 1998, has reviewed and accepted as adequate a Short
Environmental Assessment Form Part I prepared by the applicant, a Part II prepared by the Town
Planning staff, and an application packet that includes, among other information, a Site Plan (S2)
a.
Y
PLANNING BOARD MINUTES PAGE 4 OCTOBER 20, 1998
APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED
entitled `La Tourelle Elevator
Tourelle Elevator Project, " dati
"South Elevation - La Tourelle
"Changing Facility /Guest Suite
prepared by DMArchitecture,
and
Project," dated Sept. 21, 1998, a Floor Plan (Al), entitled `La
rd Sept. 3, 1998 and revised 9117198, an Elevation (A2), entitled
Elevator Project, " dated Sept. 21, 1998, and a Floor Plan, entitled
Floor Plan - La Tourelle Elevator Project," dated Sept. 21, 1998, all
P.C., Elmira, NY, and other information related to the application,
4. The Town Planning staff have 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.
AYES- Wilcox, Hoffimann, Kenerson, Thayer, Ainslie, Bell, Mitrano.
NAYS - None.
The MOTION was declared to be carried unanimously.
PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the
proposed modification of La Tourelle Country Inn, to include the addition of an elevator
to provide handicap accessibility from the lobby of the Inn to the lower level banquet
room, and conversion of the former changing room for the tennis courts into an overnight
guest room, located at 150 Danby Road (Route 96B), Tax Parcel No. 3644.2, Special
Land Use District (SLUD) No. 1. Walter and Joyce Wiggins, Owners /Applicant; Leslie
Leonard, Agent.
Chairperson Wilcox duly opened the public hearing at 7:50 p.m., and asked if any members
of the public wished to be heard. With no persons present to be heard, Chairperson Wilcox closed
the public hearing at 7:52 p.m.
Board Member Thayer asked if any changes needed to be made to the resolution regarding
the elevator.
Chairperson Wilcox stated they would make changes after the resolution. was read.
MOTION by Lawrence Thayer, seconded by Tracy Mitrano:
WHEREAS:
g
PLANNING BOARD MINUTES PAGE 5 OCTOBER 20, 1998
APPROVED -APPROVED -APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED
1. This action is the Consideration of Preliminary Site Plan Approval for the proposed modfication of La
Tourelle Country Inn, to include the addition of an elevator to provide handicap accessibility from the
lobby of the Inn to the lower level banquet room and to the second floor, and conversion of the former
changing room for the tennis courts into an overnight guest room, located at 1150 Danby Road (Route
96B), Tax Parcel No. 36.- 1-4.2, Special Land Use District (SLUD) No. 1. Walter and Joyce
Wiggins, Owners /Applicant; Leslie Leonard, Agent, and
2. This is an Unlisted Action for which the Town: of Ithaca Planning Board, acting as Lead Agency in
environmental review with respect to Site Plan Approval, has, on October 20, 1998 made a negative
determination of environmental signficance, after having reviewed and accepted as adequate the Short
Environmental Assessment Form part 1, prepared by the applicant, and a Part II prepared by the
Town Planning staff, and
30 The Planning Board, at a Public Hearing on October 20, 1998, has reviewed and accepted as
adequate an application packet that includes, among other information, a Site Plan (S2) entitled "La
Tourelle Elevator Project," dated Sept. 21, 1998, a Floor Plan (Al), entitled "La Tourelle Elevator
Project, " dated Sept. 3, 1998 and revised 9117198, an Elevation (A2), entitled "South Elevation - La
Tourelle Elevator Project, " dated Sept. 21, 1998, and a Floor Plan, entitled "(11anging Facility /Guest
Suite Floor Plan - La Tourelle Elevator Project," dated Sept. 21, 1998, all prepared by
DLK/Architecture, P.C., Elmira, NY, and other information related to the application.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Town of Ithaca Planning Board hereby waives certain requirements fora Preliminary Site Plan
Approval, as shown on the Preliminary Site Plan Checklist, having determined from the materials
presented that such waiver will result to neither a signficant 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 Site Plan Approval for the proposed modifications
as shown on a Site Plan (S2) entitled "La Tourelle Elevator Project, " dated Sept. 21, 1998, a Floor
Plan (A]), entitled "La Tourelle Elevator Project, " dated Sept. 3, 1998 and revised 9117198, an
Elevation (A2), entitled "South Elevation - La Tourelle Elevator Pro ject, "dated Sept. 21, 1998, and
a Floor Plan, entitled "Changing FacilitWGuest Suite Floor Plan - La Tourelle Elevator Project, " dated
Sept. 21, 1998, all prepared by DMArchitecture, P.C., Elmira, NY, and other information related
to the application, subject to the following conditions:
a. Submission of revised plans and elevations showing the extension of the proposed elevator shaft to
the second floor, and a new east elevation all for approval by this Board as part of the Final Site
Plan Approval.
b. Submission of a revised site plan (sheet S2) to show landscaping along the foundation of the
proposed elevator addition to consist of a mixture of flowering and evergreen shrubs, as well as
PLANNING BOARD MINUTES PAGE 6 OCTOBER 20, 1998
APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED
transplanting /relocation of the existing lllagnolia tree if possible, subject to review and approval
of the Director of Planning prior to the issuance of aiy building permits, and
C' Submission of one (1) original or mylar copy and two paper copies of the final site plan (S2),
revised as specified in conditions 2.a. and b. above, to be retained by the Town of Ithaca.
AYES - Wilcox, Hoffmann, Mitrano, Thayer, Bell, Ainslie, Kenerson.
NAYS - None.
The MOTION was declared to be carried unanimously.
AGENDA ITEM: SEQR Determination, Sweet Subdivision, 14011/2 Slaterville Road.
Chairperson Wilcox declared the above -noted matter duly opened at 8:00 p.m., and read
aloud from the Agenda.
Board Member Mitrano stated until October 16, 1998, she had worked for True, Walsh
Miller. If there is any conflict she would excuse herself.
Attorney Barney asked if she had worked with anything having to do with the project.
Board Member Mitrano stated she did not.
Attorney Barney replied that it would not be a problem.
Cynthia Bond, True, Walsh, &, Miller, stated in the packet the board received there is a
survey and tax map. On the subdivision map the proposal is to convey the parcel marked SM 12 to
the City of Ithaca for consolidation of park lands project. The proposed subdivision line is at 584-
,
36.2 and is indicated on the survey map as the proposed division line. The sliver of land on top of
the parcel to be conveyed to the City of Ithaca is proposed to be subdivided. It would then be
consolidated with parcel no. 58 -1 -12.2. For the purposes of the subdivision application they are
only talking about the sliver of land. They would then make an application to consolidate it with
parcel 5 8 -1 -12.21
Chairperson Wilcox stated New York State allowed the city to depark other property. In
exchange the city will buy additional parcels along Six Mile Creek.
Attorney Barney asked what would happen with the access.
Ms. Bond stated there is a walkway strip for access.
PLANNING BOARD MINUTES PAGE 7 OCTOBER 20, 1998
APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED
Planner Balestra stated between Five and Eight Winners Circle there is a. trail that is part of
the city /town circle greenway network. It is maintained by the town and goes up to the property
line.
Attorney Barney asked if the access can support fire equipment.
Assistant Town Planner Frantz stated to the West of the parcel, from the existing city
property, the Department of Public Works upgraded the existing access road to thirty feet. It
comes within twenty feet of the parcel.
Attorney Barney asked if there was any reason why the city cannot consolidate this piece
with other properties owned by the city for tax purposes.
Ms. Bond stated she did not know, but assumed it was their intention.
Chairperson Wilcox stated Mr. Sweet's parcel had two houses on the lot.
Assistant Town Planner Frantz stated on the tax map it appeared to have two houses on 58-
1 -12.2.
Chairperson Wilcox stated there is a house near Slaterville Road and Mr. Sweet's residence
was in the back
Board Member Bell asked where the driveway is located.
Assistant Town Planner Frantz stated there is a driveway near Slaterville Road. He
explained the tax parcel maps were not accurate with property boundaries. The property lines can
be from 0 -20 feet off.
Chairperson Wilcox stated it is a pre - existing non - conforming condition. The subdivision is
not being made worse by adding a small amount of land to 58-1-12.2. Chairperson Wilcox asked
Of this needs to go before the Zoning Board of Appeals.
Attorney Barney stated if they were taking the land away it would need to go to the Zoning
Board of Appeals.
to it.
Board Member Hoffmann asked if it should be acknowledged in the resolution.
Assistant Town Planner Frantz stated the parcel is not being subdivided, land is being added
Attorney Barney suggested a condition be added to obtain any necessary variances.
PLANNING BOARD MINUTES PAGE 8 OCTOBER 20, 1998
APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED
Chairperson Wilcox duly closed the SEQR Determination for Sweet Subdivision at 8:14 p.m.
MOTION by Gregory Bell, seconded by James Ainslie:
WHEREAS:
1. This action is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision
of 0.5 +1- acres from Town of Ithaca Tax Parcel No. 58 -1 -36.2, 9.26 + 1- acres in size total, located
backlot of Winners Circle and Slaterville Road, for consolidation with Tax Parcel No. 58 -1 -12.2,
a.k.a. 1401 112 Slaterville Road. The remaining 8.76 + 1- acres will be conveyed to the City of Ithaca
and consolidated with he adjacent Mulholland Wildflower Preserve /Six Mile Creek Watershed,
Residence District R -15 and CD- Conservation District. Robert D. and Virginia Sweet, Owners;
Cynthia Bond, Agent, and
2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to
act as Lead Agency in environmental review with respect to Subdivision Approval, and
3. The Planning Board, on October 20, 1998, has reviewed and accepted as adequate a Short
Environmental Assessment Form Part I, submitted by the applicant, and a Part II prepared by Town
Planning staff, a plat entitled, "Subdivision Map Showing Lands to be Acquired by the City of Ithaca
from Robert and Virginia Sweet, Six Mile Creek Watershed, Town of Ithaca, Tompkins County, New
York, "prepared by T.G. Miller Associates, P. C., Engineers and Surveyors, dated June 12, 1997, and
amended September 8, 1998, and other application materials, and
4. The Town Planning staff has recommended a negative determination of environmental sign!ficance with
respect to the proposed Subdivision Approval;
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.
AYES - Wilcox, Hoffmann, Bell, Ainslie, Mitrano, Thayer, Kenerson.
NAYS - None.
The MOTION was declared to be carried unanimously.
PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the
proposed subdivision of 0.5± acres from the Town of Ithaca Tax Parcel No. 58 -1 -36.2,
9.26± acres in total, located back lot of Winners Circle and Slaterville Road, for
PLANNING BOARD MINUTES PAGE 9 OCTOBER 20, 1998
.APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED
consolidation with Tax Parcel No. 58- 1-12.2, a.k.a. 1401 1/2 Slaterville Road, with the
remaining 8.76± acres to be conveyed to the City of Ithaca and consolidated with the
adjacent Mulholland Wildflower Preserve/Six Mile Creek Watershed, Residence District R-
15 and CD Conservation District. Robert D. And Virginia Sweet, Owners; Cynthia D.
Bond, Esq., Agent.
Board Member Hoffmann asked why the board had received survey plans that had not been
properly signed.
Planner Balestra stated the maps were submitted by the applicant for Preliminary and Final
Approval. If it was Preliminary, it would be required for Final Approval. Since it is one it is being
included in the resolution.
Board Member Hoffmann asked if it was a timing issue.
Director of Planning Kanter stated some surveyors seal everything, and others wait until
they receive final approval.
Assistant Town Planner Frantz stated the map is a complete survey and it only lacked that
particular formality.
Chairperson Wilcox duly opened the public hearing at 8:16 p.m., and asked if any members
of the public wished to be heard. With no persons present to be heard, Chairperson Wilcox closed
the public hearing at 8:17 p.m.
MOTION by Eva Hoffmann, seconded by Lawrence Thayer:
"T-04O-. X. 61%
1. This action is consideration of Preliminary and Final Subdivision Approval for the proposed subdivision
of 0.5 +1- acres from Town of Ithaca Tax- Parcel No. 58 -1 -36.2, 9.26 + 1- acres in size total, located
backlot of Winners Circle and Slaterville Road, for consolidation with Tax Parcel No. 58 -1 -12.2,
a.k.a. 1401 112 Slaterville Road. The remaining 8.76 + /- acres will be conveyed to the City of Ithaca
and consolidated with the adjacent Mulholland Wildflower Preserve /Six Mile Creek Watershed,
Residence District R-15 and CD- Conservation District. Robert D. and Virginia Sweet, Owners;
Cynthia Bond, Agent, and
2. 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 20, 1998, made a
negative determination of environmental significance, after having reviewed and accepted as adequate a
Short Environmental Assessment Form Part I. submitted by the applicant, and a Part II prepared by
Town Planning staff, and
PLANNING BOARD MINUTES PAGE 10 OCTOBER 20, 1998
APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - .APPROVED
3. The Planning Board, at a Public Hearing held on October 20, 1998, has reviewed and accepted as
adequate, a plat entitled, "Subdivision Map Showing Lands to be Acquired by the City of Ithaca from
Robert and Virginia Sweet, Six Mile Creek Watershed, Town of Ithaca, Tompkins County, New
York, it prepared by T. G. Miller Associates, P. C., Engineers and Surveyors, dated June 12, 1997, and
amended September 8, 1998, and other application materials;
NOW THEREFORE BE IT RESOLVED.
1. That the Town of Ithaca Planning Board hereby grants Preliminary and Filial Subdivision Approval
for the proposed subdivision of +1-8.76 acres from Town of Ithaca Tax Parcel No. 58 -1 -36.2, as
shown on the plat entitled, "Subdivision Map Showing Lands to be Acquired by the City of Ithaca from
Robert and Virginia Sweet, Six Mile Creek Watershed, Town of Ithaca, Tompkins County, New
York, " prepared by T. G. Miller Associates, P.C., Engineers and Surveyors, dated June 12, 1997, and
amended September 8, 1998, subject to the following conditions:
a, within six months of this approval, conveyance of the 8.76 +/- acre parcel, as shown on the
Survey Plat for the Sweet Subdivision, to the City of Ithaca; and submission of a copy of the
deed for such conveyance to the Town Planning Department,
b, within six months of this approval, consolidation of the conveyed 8.76 + 1- acre parcel, with Tax
Parcel No. 55 -1 -1; and submission to the Town Planning Department of a copy of the request
to the Tompkins County Assessment Department for consolidation of said parcel with Tax
Parcel 55 -1 -11
cv within six months of this approval, consolidation of the remaining .5 +1- acre portion of Tax
Parcel No. 58 -1 -36.2 with Tax Parcel No. 58 -1 -12.2; and submission to the Town Planning
Department of a copy of the request to the Tompkins County Assessment Department for
consolidation of said parcel with Tax Parcel No. 58 -1 -12.2,
d, the receipt of any required or necessary approvals from the relevant City of Ithaca agencies,
e. the receipt of any necessary approvals from the Town of Ithaca Zoning Board of Appealse
f. revision of the submitted survey plat to include the name and seal of the registered land surveyor
who made the boundary survey, and
g1 submission for signing by the Chairman of the Planning Board of an original or mylar copy of
the plat and three dark -lined prints, revised pursuant to condition "f ' above, prior to filing with
the Tompkins County Clerk's Office.
AYES - Wilcox, Hoffmann, Thayer, Bell, Ainslie, Kenerson, Mitrano.
NAYS - None.
k�
PLANNING BOARD MINUTES PAGE 11 OCTOBER 20, 1998
APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - ,APPROVED - APPROVED
The MOTION was declared to be carried unanimously,
AGENDA ITEM: SEQR Determination, Smith Subdivision, 543 Elm Street.
Chairperson Wilcox declared the above -noted matter duly opened at 8:22 p.m., and read
aloud from the Agenda.
Assistant Town Planner Frantz stated the applicants are an elderly couple. Mr. Smith is
very ill and Mrs. Smith is confined to a wheel chair. Their neighbor, John Vassey, has been
handling the subdivision for them. Mr. Vassev fell last week and broke his arm. He has had
surgery within the past few days and is unable to appear before the board. Mr. Frantz felt he
compiled enough information that he could answer any questions.
Assistant Town Planner Frantz stated Mr. Smith's neighbor to the West has approached
them about the purchase of a fifty foot strip of land to add to his property at 551 Elm Street. The
Smiths have agreed to convey the fifty foot strip. The house was built before the enactment of the
Town of Ithaca zoning ordinance. It does not have the minimum setback requirements. On the
survey there is a structure identified as a dilapidated shed. It is either on the property line or
slightly over.
Chairperson Wilcox stated he would like to change a few items on the Environmental
Assessment Form. Number three should include the actual address. Number eight should include
the front yard setback. Number eleven should include that it needs to go before the Zoning Board
of Appeals.
Board Member Bell asked -where the Nichols house is located.
Assistant Town Planner Frantz replied the Nichols house is approximately located at the
Eastern portion of the property. It will help the Nichols because they have small children and it
provides them with an improved yard.
Chairperson Wilcox duly closed the SEQR Determination for Smith Subdivision at 8:28 p.m.
MOTION by Fred Wilcox, seconded by Robert Kenerson:
WHEREAS.
1. This action is Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of
0.31 +/- acres from Town of Ithaca Tax Parcel No. 29 -7 -5, 1.21 +/- acres in size total, located at 543
Elm Street, to be conveyed to the adjoining property owners to the west and consolidated with Tax Parcel No.
29 -7-4, Residence District R -15. C. Hadley Smith, Owner /Applicant, and
PLANNING BOARD MINUTES PAGE 12 OCTOBER 20, 1998
APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED
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, on October 20, 1998, 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 map entitled "Survey Map, Proposed Subdivision Plan of No. 543 Elm
Street, Town of Ithaca, Tompkins County, New York ", dated September 11, 1998, prepared by T.G.
Miller PC, Engineers and Surveyors, and other application materials.
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 Long Environmental Assessment Form, nor an Environmental Impact
Statement will be required.
AYES - Wilcox, Hoffmann, Kenerson, Ainslie, Bell, Thayer, Mitrano.
NAYS - None.
The MOTION was declared to be carried unanimously.
PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the
proposed subdivision of 0.31t acres form the Town of Ithaca Tax Parcel No. 29 -7 -5,
1.21± acres in size total, located at 543 Elm Street, to be conveyed to the adjoining
property owners to the west and consolidated with Tax Parcel No. 29-74, Residence
District R45. C. Hadley Smith, Owner /Applicant.
Chairperson Wilcox opened the public hearing at 8:29 p.m., and asked if any members of
the public wished to be heard. With no persons present to be heard, Chairperson Wilcox closed
the public hearing at 8:30 p.m.
Board Member Hoffmann stated the survey map would need to be signed and sealed by the
surveyor.
Assistant Town Planner Frantz stated staff checks the final, signed and sealed survey map
with the copy approved by the Planning Board.
MOTION by Robert Kenerson, seconded by James Ainslie:
WHEREAS:
PLANNING BOARD MINUTES PAGE 13 OCTOBER 20, 1998
APPROVED - APPROVED - APPROVED -JANUARY 19, 1999 - APPROVED -APPROVED - APPROVED
L This action is Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of
0.31 +/- acres from Town of Ithaca Tax Parcel No. 29 -7 -5, 1.21 +/- acres in size total, located at 543
Elm Street, to be conveyed to the adjoining property owners to the west and consolidated with Tax Parcel No.
29 -7-4, Residence District R -151 C. Hadley Smith, Owner /Applicant, and
2. 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 20, 1998, made a negative
determination of environmental significance, and
3. The Planning Board, on October 20, 1998, 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 map entitled "Survey Map, Proposed Subdivision Plan of No. 543 Elm
Street, Town of Ithaca, Tompkins County, New York ", dated September 11, 1998, prepared by T.G.
Miller PC, Engineers and Surveyors, and other application materials.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Town of Ithaca Planning Board hereby waives certain requirements for Final Subdivision
Approval, as shown on the Final Subdivision Checklist, having determined from the materials presented
that such waiver will result in neither a sign ficant alteration of the purpose of subdivision control nor
the policies enunciated or implied by the Tort Board.
2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed
subdivision of approximately 0. 31 +/- acres from Town of Ithaca Tax Parcel No. 29 -7 -5, 1.21 +/- acres in
size total, located at 543 Elm Street, to be conveyed to the adjoining property owners to the west and
consolidated with Tax Parcel No. 29 -74, as shown on the survey map entitled "Survey Map, Proposed
Subdivision Plan of No. 543 Elm Street, Town of Ithaca, Tompkins County, New York ", dated
September 11, 1998, prepared by T. G. Miller PC, Engineers and Surveyors, said parcel to be conveyed
to the owners of the adjacent Tax Parcel No. 29 -7-4, a.k.a. 551 Elm Street, for consolidation with said
adjacent Tax Parcel No. 29 -7-4, subject to the following conditions:
a, granting by the Zoning Board of Appeals of any required variances or approvals, prior to the
signing of the approved survey maps by the Chairman of the Planning Board;
b, within six months of this approval, conveyance of the +/- 0.311 acre "Parcel to be Conveyed to
Nickles" to the owners of Tax Parcel No. 29 -7 -4, and submission to the Town Planning
Department of a copy of the deed conveying said parcel and a copy of the request to the
Tompkins County Assessment Department for consolidation of said parcel with Tax Parcel No
29 -7-4;
PLANNING BOARD MINUTES PAGE 14 OCTOBER 20, 1998
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C. submission for signing by the Chairman of the Planning Board of an original or mylar copy of the
plat, with corrected title block and with signed stcrveyor's certification and seal, and four dark -line
prints;
AYES - Wilcox, Hoffmann, Kenerson, Ainslie, Bell, Mitrano, Thayer.
NAYS - None.
The MOTION was declared to be carried tcnanimotcsly.
PUBLIC HEARING: Consideration of a Recommendation to the Town Board regarding a
proposed Local Law Amending the Town of Ithaca Zoning Ordinance Relating to Adult
Entertainment Business.
Planner Balestra stated on June 8, 1998, the Town Board vas charged with enactment of a
local law regulating adult entertainment uses. Due to significant public input and board member
concerns, staff was asked to reevaluate some of the proposals. Staff conducted site visits of the
light industrial zones in the town. The original proposal was to place adult uses in the light
industrial zones of the town. It included distance requirements of 250 feet from schools, churches,
residential zones, parks, and public places. When separation requirements were implemented in
the light industrial zones, three out of the five light industrial zones would be available. There is a
light industrial zone located near the flood control channel and one near Cornell University on
Route 366. Thev were eliminated with the proposed 250 feet buffer.
On June 24, 1998, the Town Board, Planning Board, and staff planned another site visit to
look at these zones. Due to observations of the sites, the THERM site was eliminated. It was due
to the proximity to residential areas. Staff is proposing a recommendation to the Town Board to
include those light industrial zones that front or adjoin a state highway and would include the
Elmira Road areas. These would have distance separation requirements of 250 feet from schools,
churches, parks, and all other zoning districts. The FingerLakes Trail is considered a public park.
An adult use would not be able to locate within 250 feet of the FingerLakes Trail.
Planner Balestra explained the green areas on the map are state parks. The dark red areas
are the light industrial zone areas that are within the 250 feet of schools, church, parks, etc. The
light red areas are the areas where adult entertainment businesses could locate. Staff did look into
placing adult uses in agricultural zones or in commercial zones. The reason that would not work is
the agricultural zoned areas of the town make up 20% of the land in the town. The
Comprehensive Plan stresses the need to preserve agricultural land. Placing adult uses in
agricultural zones changes the rural character of the area. The town would have to allow other
commercial businesses in agricultural areas as well. The town tried to restrict adult uses to the
fullest extent under the United States Constitution.
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Placing adult uses in commercial zones would not be consistent with the overall preservation
goal of community character. One of the main reasons is our commercial centers are surrounded
by multiple residences or heavily dense residential areas. The town's goal is not. to promote these
uses. To place them in a commercial area would give it the visibility and marketability it would
need and the concentration of population. Commercial zones are located in the Ellis Hollow Road,
Judd Falls Road area; Danby Road, East King Road area; Seven Mile Drive, Elmira Road area; The
Professional Building and Rogan's Corners. Distance requirements within the commercial zone
would preclude most of the commercial zones within the town.
Director of Planning Kanter stated the Town Board requested the Codes and Ordinances
Committee to look at the possibility of a separate local law that would deal with the actual
operation and licensing of adult businesses. The committee is now in the process of drafting a
local law. It deals with some of the problems of adult businesses that have located in other areas.
It deals with visibility inside the establishments, cleanliness, lighting, separation between patrons
and employees. They are also looking at the licensing of the use that would involve criminal
background checks.
Chairperson Wilcox duly opened the public hearing at 8:50 p.m., and asked if any members
of the public wished to be heard.
Richard Entlick, City of Ithaca, stated he had an opportunity to read the adult
entertainment use study. It reflects an honest, and detailed effort to deal with a thorny problem.
It is clear given the original preparation date, the number of meetings, several modifications to the
original plan, and the number of proposed sites having been reduced to two that these
deliberations are attempting to wind down. He recognized that members of the Waldorf
Community are coming to the table late in the discussion. Limited are the options and
alternatives. In the report the industrial zone was excluded in part because of its proximity to the
Ithaca Talent Education. This school has children as young as four in attendance. That was before
the Codes and Ordinances Committee decided to reduce the buffer from 500 feet to 250 feet. In
the meantime the Waldorf school is closer to the present proposed site. Young children attend the
school. The study also cites a lengthy table of representative separation zones from other
communities. None of the sites permit separation of less than 400 feet from a residence or 500
feet from a school. The proposed site is less than 400 feet from Waldorf. It also cites verifiable
reduction in property values near adult uses. Even if no adult businesses locate in the approved
zone, the prospect that one could may reduce property values.
If the Waldorf school outgrew its present location, an inability to sell at fair market value
could doom the school to not being able to grow or move. He attended the site visits and Mr.
Frantz mentioned that concerns about real adult uses that might take place are premature because
none might ever be built. The adult use designation hangs over a community as a threat. Mr.
Entlich sympathizes with the members of the board because they have a difficult decision to make.
The board is trying to walk a fine line between legally, constitutionally protected speech, and the
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needs and concerns of the community. As a personal angle, he spent four years as a member of the
Ithaca City Cable Commission. The vast majority of his efforts was spent trying to walk a similar
fine line between legally protected speech and the concerns of the community. He is not asking
the board to reduce the number of sites to zero, but hopes a better solution is found. At the site
visit, he suggested the size of the buffer zone be increased. The overall distance between the
school and any edge of the zone could be doubled without reducing the total size of the land
allotted for adult use zones. He recognizes the town does not want to increase the buffer zones
because of legal challenges. He hopes there is willingness by the board to consider changes that
will optimize a decision that cannot please everyone.
Jane Schantz, Assistant Director of Waldorf School, stated the site was a stone's throw from
the school. There are basic tenents of education that make it an important place for Ithaca to have
a Waldorf school. There are many parents in Ithaca who want the Waldorf school. Part of what
Waldorf education is about is protecting young children from growing up too fast. It fosters a
sense of wonder and love, a connection with the earth and a respect for nature. Children spend
much time on the playground and outside with their classes. She is concerned about children
seeing an establishment or signage and the types of questions that will result. Ms. Schantz is also
concerned because the school is between Route 13 and Route 13a and questionable characters
already walk past the school. Even though some people who enjoy this type of entertainment are
fine people, many others have sexual problems and perversions. One child molested on the
playground is one too many. People who have that type of predatory nature find ways to do it. As
an administrator in a small organization she knows how hard it is to make people happy. Ms.
Schantz stated she has much compassion for the board.
Debby Mandle, Waldorf parent, stated she wanted the board to think of the Waldorf school
as a school. She feels it is out of the question to put an adult entertainment zone near a school.
Art Pearce, Bostwick Road, stated he understands the process the board has been through
and respects process. Sometimes process can take people to an untenable place and the board has
arrived. The board should have decided where the worst location was. He feels the board would
have said the gateway to the community, near state and town parks, and next to a school would be
the worst location.
Tom Farrell, 151 Enfield Falls Road, stated there are two sites the Town Board is
proposing. It is good to know the two sites being offered have become smaller. He wishes the 250
foot setback is pushed back to at least 300 feet. He is disappointed about THERM. The public
was told at the last public hearing THERM was a possible site. Mr. Farrell stared THERM must
have bought their way out of it because they are no longer a site. The town needs to establish
more safety patrols with Sheriffs and State Police, and help people with their taxes. The value of
the area will decrease.
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Robert Carlson, 183 Seven Mile Drive, stated the proposed sites are in his neighborhood.
His family moved in last year to be in the country. Mr. Carlson stated he can see the park from
his home. For the same reasons the board would not want the establishments in their
neighborhood, he does not want it in his. Mr. Carlson stated he understands it is a tough decision
and he appreciates the work that has gone into it.
Joe Amato, 504 Five Mile Drive, asked Ms. Balestra to explain why only light industrial
zones bordering on state highways were proposed.
Ms. Balestra explained it would eliminate the THERM site. The THERM site bordered
residential areas. It was a great concern to members of the public and board members. To exclude
the site, it was determined to be limited to Light Industrial zones that adjoin a state highway.
Attorney Barney stated under the law an adult business could locate anywhere in the town.
The town is attempting to limit where they can locate. No matter where it is limited to, people are
not going to be happy. Presently there is no limitation at all. The town cannot regulate them out
of existence so they need to provide somewhere in the town.
Ms. Balestra. stated the zones would include the two Light Industrial zones on Elmira Road.
The Light Industrial zone off Route 366, Cornell Central Heating plant, was also a possibility.
Since the area was so small, when the distance requirements were added in, the area was
eliminated.
Mr. Amato stated the idea was the town did not want the THERM location to be included
so the state highways were added to eliminate the site.
Ms. Balestra stated the overall idea was to find the least impacting locations. Those
locations are the farthest away from dense residential areas, schools, and churches. The THERM
site is very close to a residential area.
Lorrayne Morran, 4 Hackberry Lane, stated she was able to be at the last public hearing and
the site visit. She appreciates how professional the planning department has been in handling the
issue. It is very disappointing to a resident who lives between the two sites that she has both sites
in her neighborhood. It feels unfair. It would seem fair if one site was at another location. Ms.
Morran stated she understands the reasons it is not in terms that have been explained.
Patti Amato, 504 Five Mile Drive, stated her husband was one of the people that attended
the site visit. He came back impressed with the work that has gone into the town's thinking. It is
not unreasonable. It is unreasonable that communities have to face this problem. In so doing, the
town is trying to do something preventive and finding out no one in the community wants it. Ms.
Amato stated she has a positive opinion of the board. Within one month of moving into the
neighborhood, ten years ago, her cat was hit by a car. She was upset because the highway in front
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of her home was 55 mph through a neighborhood. Ms. Amato came to the board and the speed
limit was lowered to 30 mph in front of her house. Now when the school bus stops on the curve,
children can walk out safely and not be concerned about cars. This neighborhood has been
through a lot. A 55 mph highway came through, then the hillside was being stripped to build
housing affordable for people. At the same time their neighborhood was going to be washed away.
The neighborhood had to organize to make sure their houses would be standing when the rain
stopped. The neighborhood now has to face potential adult uses. Ms. Amato stated their
neighborhood is small and remembers taking the new Town Planner around the neighborhood and
explained they offered middle income housing. At the time she moved in, it was a retirement
neighborhood. Young families have come in and they have an organization going. They are trying
to be good citizens of the town. She feels with the proposed sites, motels and hotels could come
in.
Steven Weldon, 225 Snyder Hill Road, stated he is a member of the boars[ of trustees at the
Waldorf school. As a school they try to bring in the surrounding community. This November the
school is having a holiday fair to enrich the community. They have tried to work together with
their neighbors and want to be good neighbors. The school values community highly. Mr.
Weldon stated they should respect the students, land and community. The school recently
acquired more land and is trying to create an environmentally and educationally sound use. The
students are outside a lot and the Waldorf school cares about taking students into the environment
and educating them about the world. If you drive past an adult entertainment business near a
school, he wonders what that says about the environment and the community. It seems to work
against everything the Waldorf school stands for.
Katy Pearce, 334 Bostwick Road, stated she has lived in her home for twenty -five years.
Since she has lived on Bostwick Road, her sense of neighborhood has changed. Her neighbors
have moved miles down the road. Allowing adult uses along Route 13 is affecting her
neighborhood. Ms. Pearce stated the ancient Hebrews said if you name something, you bring it
into existence. It occurred to her that the town was objecting to locating something there. She
wondered why this had come up.
Attorney Barney stated Sirens generated the realization that the town does not have
limitations on these types of activities. Several towns are involved with trying to put regulations
into place. He does not think the town is aware of any applicant, but they would like to have
legislation in place in case they receive an application. The trick is to find a place in the town that
no one cares if they located there. Attorney Barney stated he does not think there is a location.
Somebody, somewhere is not going to be happy with the town. It is understandable that people
do not want them in their backyards, but now they can be in anybody's backyard. These
establishments tend to go to municipalities that do not regulate them and that. is why there is a
desire to have regulation. Once the regulations are in place and the businesses need to jump
hurdles, it is easier to go somewhere else than challenge the regulations.
PLANNING BOARD MINUTES PAGE 19 OCTOBER 20, 1998
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Ms. Pearce stated the town is inviting them.
Attorney Barney stated the businesses already are invited. Right now they are invited
anywhere in the Town of Ithaca under the Constitution. They qualify as a type of business by
what they are, restaurant, dance hall. The businesses can go into those places of the town where
those types of uses are permitted. Realistically if there are not regulations, the town could have a
Sirens.
Ms. Pearce asked how many businesses could locate in the area.
Ms. Balestra stated it is important to keep in mind this is a worse case scenario assuming the
market is available and the land is available.
Mr. Kanter stated it also assumed there were no environmental constraints.
Ms. Balestra stated there are environmental constraints on both sites that would be
applicable to any light industrial use that would go there. Possibly thirty -four could locate in the
Inlet Valley area. That is assuming maximum build -up, the same size buildings right next to each
other.
Attorney Barney stated the constraints the town has to operate under are what the courts
have interpreted. The highest court in the New York State and the leading case in this area dealt
with New Yorlc City. Fourteen percent of the area of New York City could have those
establishments. Multiplied out it would be hundreds of thousands of them. In the town it could
be thirty -four establishments, but in practicality it would be unlikely to see any.
Ms. Balestra stated from the research she has done, one main factor is population. In New
York City there is a high population of people that can support a significant: number of adult
businesses. At most given the town's population, they could only support one.
Ms. Pearce stated the countryside was not bi
meets all kinds of people from various areas. When
is as if they moved into the big city. She does not
Ms. Pearce does not want her grandchildren brought
ping thought about. In her type of work. she
someone says they have moved into Ithaca., it
want to see the town go into that direction.
up with the businesses in eyesight.
Jim Semp, 213 Dates Road, Lansing, stated he is a parent of a Waldorf student. Mr. Semp
stated he finds the process distasteful and appreciates the board's courage. It is unconscionable to
locate adult uses in proximity to a learning institution. He cannot fathom the idea of parents
having to explain to their children what adult entertainment is. The increased traffic flow will also
have an impact on the school and neighborhood.
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James Henry Teeter, 178 Seven Mile Drive, asked how the agricultural zones were
eliminated. If some of those lands present better alternatives, then they should be looked into.
The board needs to remember they cannot always predict what will happen. The land behind his
home was allowed a zoning variance to allow building properties. There was not enough road
frontage and a variance was granted to allow the buildings. One of the conditions was there be
minimal vegetation removal during construction. Since they were not doing construction at the
time, the developer could level the land if they wanted to. Think of the long term impacts of what
is being considered.
Mr. Frantz stated the staff did not recommend these types of uses in agricultural zones
because the zones would be opened to all commercial development. Thousands of acres would be
available for adult uses and other commercial development. This is versus a total of thirty -five
acres.
Mr. Teeter stated he urged the board to reconsider the setback requirements.
Attorney Barney stated the reason these setbacks were used was because other municipalities
with larger land areas can have a bigger setback When the larger setbacks were plotted in these
areas there was no land available.
Mr. Teeter asked if the amount of setbacks was increased, re- opened the THERM area,
would any land be available.
Attorney Barney stated with the current setbacks, the THERM site had a strip of land fifty
feet wide. A building could not be built and still qualify with setbacks. If the setbacks are
increased, the THERM area will be excluded.
Mr. Teeter stated three hundred feet should be the setback requirement.
Ms. Balestra stated increasing the setback to 280 feet would eliminate the sliver of land near
Waldorf school. It would allow 4.2 acres at the Mancinni site and 32.4 acres at the Erhart site.
The two hundred fifty foot setback allows 4.97 acres at Mancinni and 35.9 acres at the Erhart site.
The three hundred foot setback would allow 3 acres at Mancinni and 29 acres at Erhart. Ms.
Balestra redrew the area with 300 feet setback on the map presented to the board and public.
Mr. Teeter stated if the setbacks were increased to 400 or 450 feet. the town opens
themselves up to being challenged in court. Would not it be a better alternative for this situation.
Attorney Barney stated the town could have control over the situation, or a judge could say
the town's stance is unreasonable. The town's actions are close to being unconstitutional. The
setbacks can be made bigger, but 0.022% is available in the town.
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Mr. Teeter asked how it could be appealed.
Attorney Barney stated someone could come in and set the business up and leave it up to
the town to challenge them. The other way would be for them to say the town's regulations
restricted it.
Elsie Mc Millian, 812 Elmira Road, stated the setbacks are to buffer the buildings. She
asked if there is a buffer zone entirely around the property, or only near schools, churches, etc...
Attorney Barney stated the buffer is 250 feet from any zoning district.
Ms. Mc Millian stated she learned a great deal at the site visit. She feels it would be helpful
to others that the sign ordinances in the Town of Ithaca preclude large, neon signs.
Attorney Barney stated that the legislature only sets up zoning. Any of these businesses
must come before the board for site plan review.
Ardyth Gillespie, 144 Coy Glenn Road, stated she recently moved from East Hill to West
Hill. She loves the neighborhood and community. Please consider the values being reflected
tonight.
Ms. Amato stated if someone in the neighborhood wanted to buy a house, the Realtor is
legally obligated to tell the buyer that they are within an adult entertainment zone.
Clayton Moore, 104 Enfield Falls Road, stated Ms. Balestra made reference to the
agricultural land being 20% of the total property. Mr. Frantz stated it was thousands of acres.
The town is looking at a sliver of land where adult uses can be located. The lands exist in the
agricultural zone. It has never been explained to him Nvhy the town could not go the zoning map
and create a new entity within the agricultural zone. Agricultural is not a viable business today
and is getting worse every day. The 20% may be agricultural today, but as a business it cannot
exist. So what if other light industrial businesses come into the area as long as it is completely
buffered.
Mr. Frantz stated that it does not exist.
Mr. Moore stated he did not believe it and wanted to see evidence.
Mr. Frantz stated the town has maps showing all the homes in the Town of Ithaca. There is
not an isolated place in the Town of Ithaca. There are four to five thousand acres of agriculture
land with houses. Mr. Frantz showed Mr. Moore on the zoning map. Mr. Frantz stated he would like it
if the isolated piece of land existed but it does not.
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Mr. Kanter stated the town has also had a standing offer to the community to come in and
give alternative sites. The town heard a few and investigated the sites and were able to give
responses. The same offer is still open. If someone can offer something to the Town Board they
are willing to consider it.
Mr. Moore stated the fact it is zoned agricultural is a road block
Mr. Kanter stated they are referring to the Town Board's policy that comes from the
Comprehensive Parks and Open Space plans. These plans are trying to preserve as much farm and
agricultural land as possible.
Mr. Moore asked if preservation of agricultural land is viable.
Mr. Kanter responded it is.
Chairperson Wilcox stated agricultural land can be an open space.
Attorney Barney stated the last thing the Town Board wants to do is adopt the ordinance
over objections of people. If citizens can come up with an area that will not offend the number of
people offended by this, they would look at it.
Mr. Moore asked how much time they had to address it.
Attorney Barney stated the town has been working on it for 11/2 years. The Town Board
would like to deal with the issue and put it behind them. If someone came in saying they found an
area, the Town Board would look at it.
Mr. Moore stated he would be interested in finding the land.
Mr. Kanter stated he did not know if the Town Board was willing to delay decisions on this.
Attorney Barney stated there is a moratorium in place prohibiting an adult business. It is
constitutional as long as it is finite in its period. The moratorium has been in place for nine
months.
Ms. Schantz stated she understands the board does not want to prolong the decision. The
community did not know it was close to their neighborhood until a neighbor informed her. She
would have appreciated being informed so the community did have more time to take an active
role.
Attorney Barney stated the Town Board has made efforts. They have had lead articles
written in the Ithaca Journal. There have been efforts to publicize. It is nothing the town is trying
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to sneak through. The town would welcome alternative solutions that would not create the same
problems.
Ms. Schantz stated she has been aware of it as an issue for the town. She feels it could not
have been too hard to send notices to people in the neighborhood.
Jekabs Pulsts, Chef Yeppi Presents, stated he is doing everything he can to beautify his
property to make it a gateway to the Town of Ithaca. It is the first thing people see as they enter
from the South. He has concern for the children in the park and neighborhood. This type of
business has always attracted a breed of persons who prey on vulnerable people.
Ms. Mandle stated it sounds as if the decision has already been made. It is a non -issue to
her as an educator. The sites cannot be next to the school with young children. It is not about
what adults prefer or beauty. It is the safety and well -being of children. Trying to get the
legislation behind us, is not what is at stake.
Ms. Moran stated the sliver of land across from the Waldorf school should be eliminated.
She hopes none of the sites goes through, but that area of land should be eliminated.
Mr. Semp stated he has heard that time is not of the essence. He believes time is running
out on the moratorium and for fear of being sued the process is being brought to conclusion in a
hasty manner.
Mr. Kanter stated the town is not rushing into anything. They have been looking into it for
11/2 years. He explained he does not know what the Town Board wants to do. Mr. Kanter stated
studying other locations is not going to result in any substantial results. It is a question of
adopting the law to regulate adult businesses. The planning staff has offered as much information
as they can to the Town Board. It is not a question of delaying and reconsidering for another six
months. The point is the does the town wants to regulate the uses in an effective way or not.
Mr. Moore stated last summer his son attended the YMCA summer camp. Tuesday,
Wednesday, and Thursday the children go to Treman Park.
Chairperson Wilcox asked if any other persons wished to be heard. With no other persons
present to be heard, Chairperson Wilcox closed the public hearing at 10:08 p.m. Chairperson
Wilcox stated the board had a proposed resolution that will be a recommendation to the Town
Board.
Board Member Hoffmann stated she liked hearing the comments, but is disappointed that
she did not hear any proposals for solutions from the public. The only ones she heard were
extending the buffer zone and using agricultural land. She is concerned with the area that is left
after the buffer zone is expanded to 300 feet. Board Member Hoffmann remembers there is a
large wetland that probably takes up the entire area. As a result, that piece of land would not be
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available for development. If the board were to enact this regulation, is not the town getting itself
into trouble.
Attorney Barney stated more so.
Chairperson Wilcox stated there is a substantial wetland in the middle of the Mancini
subdivision. In the Erhart site, there is a railroad track and a creek. Anyone who wanted to build
in that area would have the expense of crossing the railroad track and a bridge to cross the creels.
It sounds as if the town is saying here is some land for adult entertainment, but at the same time
there are many issues. Furthermore, there is a steep slope. Ms. Balestra stated there was a
potential for thirty -four adult use sites. When the sites are physically looked at, much land is
excluded.
Mr. Frantz pointed out the area of the wetlands on the map. Mr. Frantz stated when the town
approved the Mancini subdivision in 1992 or 93 it precluded the development on all, but a very
thin strip of the wetland. In the Mancinni property there are possibly three lots that could be
developed with adult uses. There is one lot in the back where someone could build, but they
would have to construct a road to town standards and then dedicate it to the Town of Ithaca.
Board Member Thayer asked where the power lines are located.
Mr. Frantz showed the area of the power lines. Mr. Frantz stated NYSEG does not allow
development under power lines.
Board Member Bell stated when he looks at the overlays of the laws, there is less than meets
the eye. Staff has come up with different considerations. One consideration that has not been
discussed are the constraints on the sliver of land near Waldorf. If the strip were eliminated, the
adult use area would be 800 feet from Waldorf. The strip that is remaining is very small because
there is a setback within a setback Under other regulations, a parking area and a road will need to
be constructed.
Mr. Frantz stated according to the subdivision approval, the lot would have access off
Mancinni Drive.
Board Member Ainslie stated he would like to make a comment to the gentleman that
stated agricultural land is useless. There are three very active dairy farms in the West Hill area and
in good shape. He is retired, but his son runs one of them with 500 acres and 200 head of cattle.
Board Member Ainslie stated his son is a Cornell University graduate and is head of the
agricultural committee of Tompkins County. He takes exception to anyone saying agricultural
land is useless.
Board Member Hoffmann asked is it not possible that the town would be challenged by the
adult businesses that the town has zoned them out.
PLANNING BOARD MINUTES PAGE 25 OCTOBER 207 1998
APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED
Attorney Barney stated the potential is there. There have been cases that dealt with the
land that was zoned for it because of its current use or ownership. The courts have said it does
not matter because practically speaking it is not available, but it vas zoned for. He does not know
what the courts would do with the constraints that occur because of the wetlands. Doing it this
way, the town moves closer to the line.
Mr. Frantz stated according to one of the schools of thought he has been educated in,
everything is available for the right price. An entrepreneur who offered Kolar Machine the right
price for one of the buildings could possibly open an adult use in that building. It is not
incumbent upon the Town of Ithaca to ensure that property is available at the right price.
Ms. Balestra stated any light industrial use that wants to come in would have to deal with
the same constraints.
Mr. Frantz stated the Kolar Machine company was required to remove the fill
inappropriately deposited in the wetland as a condition of the site plan approval. These are not
standards being applied only to adult businesses. They would be applied to anyone.
Board Member Bell stated in the law and the proposed resolution there were word
inconsistencies. In the Environmental Assessment Form, part II C 1, there is a list of different uses.
A couple of the uses do not appear in the law, but in the Environmental Assessment Form. If it is
then compared with the draft law section 2, there is a list of different uses. This list does not
include adult hotels and escort agencies and other items that were not on the other list.
Mr. Kanter stated the board should be going by the local law. He is not sure why there are
inconsistencies.
Attorney Barney stated the local law for zoning does not include escort services.
Ms. Balestra stated the Environmental Assessment Form listed adult uses that could be
included. It was compiled from various municipal studies and other municipal laws. Staff could
revise the Environmental Assessment Form,
Attorney Barney stated an escort agency was left out because it is not the location of the
business. The others are site based activities.
Board Member Bell stated in the proposed resolution, Whereas number four has a list of
uses which the law separates from adult uses. The list leaves out public schools, but includes
private. If types of schools are listed public needs to be included.
Board Member Mitrano stated given the minimal amount of area available, could not the
board recommend the sliver of land near the Waldorf school be eliminated.
PLANNING BOARD MINUTES PAGE 26 OCTOBER 20, 1998
APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED
Attorney Barney stated you never know what will stand up in court. The town is marginal
now, but he would not recommend it either way. Attorney Barney stated he did not know if 280
feet would make more of a difference than 250 feet.
Board Member Mitrano stated there might be something psychological about the fact that it
is close to the school. It would be worth the board's consideration of eliminating the section of
land.
Attorney Barney asked what is the minimum dimension to remove the sliver of land.
Mr. Frantz stated the minimum is 280 feet.
Board Member Bell stated it does not take into account the setback requirement within the
light industrial zone.
Mr. Frantz stated the setback requirements within the light industrial are 150 feet for the
front yard, 60 feet for the side yard.
Chairperson Wilcox stated those were for the lot, not the area zoned. The applicant would
already be beyond the other buildings. Their setbacks are included. It is not an additive setback.
Board Member Thayer stated it is less than a 10% drop. He felt it would not be significant
in a court case.
Board Member Hoffmann stated in the Environmental Assessment Form, the language and
discussion in part II made her wonder if the board was looking at the impact of enacting the law,
or the impact of the use of the land after the law is enacted.
feet.
Mr. Kanter responded the board is looking at the law.
Board Member Hoffmann asked why they are discussing the potential impacts of the use.
Mr. Kanter stated it refers largely to the study of adult uses.
Board Member Mitrano asked if the Planning Board would be willing to change it to 280
The board decided it would be a reasonable change.
MOTION by Tracy Mitrano, seconded by James Ainslie:
WHEREAS:
PLANNING BOARD MINUTES
PAGE
27
OCTOBER 20, 1998
APPROVED
- .APPROVED - APPROVED -
JANUARY 192
1999 - APPROVED
-
APPROVED - APPROVED
1. The Town Planning Department has conducted a study, entitled "Adult Entertainment Use Study,"
dated April 6, 1998, and revised May 8, 1998, outlining the potential negative secondary effects
associated with adult entertainment uses, so as to enact a Local Law limiting the location of adult uses
to the Light Industrial zone to protect the health, safety, morals, and general welfare of the public from
said secondary effects, as well as preserve community and neighborhood character, and
2. The Town Planning Department has prepared a second "Addendum to Adult Entertainment Use
Study," dated October 14, 1998, containing further research and recommendations regarding adult
businesses, and
30 The Town Board has proposed a "Local Law Amending the Town of Ithaca Zoning Ordinance Relating
to Adult Entertainment Businesses" (revised September 16, 1998), and
4. Said proposed local law would establish regulations limiting the establishment of adult entertainment
businesses to the Light Industrial zones of the Town which adjoin a State Highway, with additional
distance requirements of 250 feet, separating adult uses from the property lines of churches or other
places of worship, public or private schools, daycare centers or nursery schools, public parks, institutions
of higher learning (including dormitory accommodations), and the boundary of any other zoning
districts, and
5. The Town Board referred said proposed local law to the Town of Ithaca Planning Board for their
recommendation, and
6 The Planning Board, at a Public Hearing held on October 20, 1998, has reviewed the above - referenced
local law, and a Short Environmental Assessment Form, Parts I and II, prepared by the Town
planning staff for the Town Board, which will act as Lead Agency in the environmental review of the
proposed local law,
NOW, THEREFORE, BE IT RESOLVED:
That the Town of Ithaca Planning Board, pursuant to Article XIV, Section 78 of the Town of Ithaca
Zoning Ordinance, hereby finds that:
a. There is a need for the proposed local law providing for regulation limiting adult entertainment
uses to the Light Industrial zones which adjoin a State Highway, and
b. The existing and probable future character of the Town will not be adversely affected by the
adoption of the local law, and
c. The proposed local law is in accordance with a comprehensive plan of development of the Town,
and
PLANNING BOARD MINUTES PAGE 28 OCTOBER 20, 1998
APPROVED - APPROVED - APPROVED -JANUARY 19, 1999 -APPROVED - APPROVED - APPROVED
BE IT FURTHER RESOLVED:
That the Town of Ithaca Planning Board hereby recommends that the Town of Ithaca Town Board enact the
proposed "Local Law Amending the Town of Ithaca Zoning Ordinance Relating to Adult Entertainment
Businesses" (revised September 16, 1998) with the setback distance revised from 250 feet to 280 feet.
AYES - Wilcox, Ho ftmann, Mitrano, Ainslie, Thayer, Bell, Kenerson.
NAYS - None.
The MOTION was declared to be carried unanimously.
AGENDA ITEM: Preliminary Discussion regarding Cornell University's proposed North
Campus Residential Initiative, to consist of the construction of new dormitory buildings
and a new dining facility with associated vehicular residence, located in both the City of
Ithaca and Town of Ithaca off of Pleasant Grove and Jessup Roads, and Consideration of
Concurrence regarding the City of Ithaca's request to be Lead Agency for the
environmental review of this project pursuant to SEQRA. Cornell University,
Owner /Applicant; Kathryn Wolf, Trowbridge and Wolf, Landscape Architects, Agent.
Kathy Wolf, Trowbridge and Wolf, stated they are handling the environmental and site
plan reviews for the Cornell University North Campus Residential Initiative. The university had
made the decision to undertake a full Environmental Impact Statement for the project. The
establishment of lead agency is the first step in the SEQR process. They are proposing to have
public scoping that will influence the final scope of the Environmental Impact Statement. Ms.
Wolf presented a map of the existing conditions of the site. She stated the black dashed line indicates the
project boundary. The project straddles the City of Ithaca and Town of Ithaca boundary line. The
town was the lead agent for phase I of the project. It included the demolition of Pleasant Grove
Apartments. At the time phase I was before the town, the project was conceived of as a three
phase project. Phase I being demolition of Pleasant Grove, Phase II being the relocation of the
recreational facilities, and Phase III being the construction of the new residence buildings. Phases
II and III are now being combined within the same scope of work The demolition occurred almost
entirely within the town. The new building construction will occur in the city. There is a general
agreement that it provides reasonable basis for the city being the lead agency. They will be seeking
three approvals from the Town of Ithaca. One would be the site plan approval from the Planning
Board. Furthermore they are looking to rezone the Town of Ithaca portion from a MR zone to R
30. The MR zone allows recreational facilities only for residents of the zone. R -30 requires a
special approval from the Zoning Board of Appeals that allows institutional recreational uses. Her
understanding is that both the Zoning Board of Appeals and the Town Board have agreed the City
of Ithaca should be the lead agency.
Since there are multiple involved agencies, they are required to co- ordinate on establishment
of lead agency. Ms. Wolf stated they recognize there are significant issues for the town. They
PLANNING BOARD MINUTES PAGE 29 OCTOBER 20, 1998
APPROVED - APPROVED - APPROVED - JANUARY 197 1999 - APPROVED - APPROVED - APPROVED
intended to have concurrent reviews with the town as appropriate as the project proceeds. They
hope after the Environmental Impact Statement process has begun, they would begin the site plan
review project. Ms. Wolf stated they hope to have a public scoping session in November with the
intent of receiving public feedback A final scope is hoped to be adopted at the November
24719987 City of Ithaca Planning Board Meeting. Then they will do the preparation of the Draft
Environmental Impact Statement and have an Environmental Impact Statement complete in the
spring. Allowing approximately a two year period for the building, there is an August 2001 move
in date.
Peter Karp, Cornell University, stated the plan has two minor changes. There was some
discussion of retaining numbers twelve and fourteen of the Pleasant Grove Apartment buildings.
Those buildings are being removed. Mr. Karp stated the other issue that has been resolved is the
dining facility. After a considerable amount of investigation, that will not happen. The dining
facility will be located on a site Northeast of Helen Newman. The Helen Newman Hall will not be
changed at this time. They also made the decision to upgrade the use of the building. It is now
called the Community Commons. It will include other program areas and community service
space for the students. The building will contain mailboxes for the students, a small retail outlet,
and program space. The areas shown in red are two residential buildings. The total number of
beds is 558 beds. The topography of the site is complex. From the Northeast corner to the bridge
is about an 80 feet elevational change. From the Pleasant Grove Apartments to Helen Newman is
an elevational difference of 35 feet. The intent of the plan is to follow the natural topography.
The buildings are placed to create residential courtyards within themselves and in relationship to
other buildings.
Mr. Karp stated at the present time the traffic in the area is very congested and complicated.
They are proposing a road alignment to eliminate the congestion. The only vehicles that would
travel through the complex are public transportation. They are trying to eliminate conflicts
between vehicles and pedestrians. In relation to elevation change, the main level of the dining hall
is a level up from the village green. The main entry to the dining hall is at the lower level. The
upper level entry allows entry off the recreational field. The buildings are planned to be three
stories with a combination of brick, stone and pitched roofs. Mr. Karp presented two diagrams
showing the present and future conditions of the area. The buildings were designed similar Balch
Hall. Mr. Karp presented drawings of the proposed buildings, first draft and with detail. They feel
the project will contribute to the community by bringing positive change to the campus.
Mr. Kanter asked if the fields would be lighted.
Ms. Wolf stated the fields would not be lit. There is to be no lighting on the fields. All of
the recreational fields and courts are a replacement of what currently exist. The fields are not
currently lit, and the program is being moved to another site.
PLANNING BOARD MINUTES PAGE 30 OCTOBER 20, 1998
APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED
Board Member Hoffmann stated there is paid parking by Helen Newman Hall. Will there
still be paid parking for community members.
Mr. Karp stated they are in the middle of the transportation study which will cover parking,
but he is sure they will provide parking.
Board Member Hoffmann stated the new parking will be less convenient. if it not in central
campus. Cornell is interested in inviting community members, but they need to provide parking to
make it easy for the community.
Mr. Kanter stated on the revised road coming down Triphammer Road, is it mainly for
public transportation.
Mr. Karp stated they are two cul -de -sac roads, one Triphammer Road to Balch, the other
Pleasant Grove to the parking lot. The only thing that makes a connection for the roads is public
transportation.
Mr. Kanter stated in the Environmental Impact Statement, they might want to look at a
more intentional through road for other vehicles to use.
Ms. Wolf stated she slid not believe there was an interest in having through traffic.
Mr. Karp stated the intent is to simplify vehicular and pedestrian conflict areas.
Board Member Hoffmann stated if the parking lot is moved towards the Pleasant Grove
area, it will mean more traffic through Forest Home,
Ms. Wolf stated they do not anticipate the number of cars in the area will increase. Upper
classman will be removed from North Campus and it will be predominately freshmen. Freshmen
have a low percentage of cars. It is a change in pattern.
Mr. Kanter asked if freshmen are allowed to have cars.
Jean Reece stated freshmen are allowed to have cars, but it is discouraged.
Board Member Hoffmann asked who would be using the parking lot.
Mr. Karp stated persons who may want to use the dining hall. It is primarily for the users of
Helen Newman,
Mr. Frantz stated in the scope under 2b, they are proposing to look at over a dozen
intersections. Then they will assess the impact of those. He suggests they also should look at
PLANNING BOARD MINUTES PAGE 31 OCTOBER 20, 1998
APPROVED - APPROVED -APPROVED - JANUARY 19, 1999 - APPROVED -APPROVED -APPROVED
Warren Road and Forest Home Drive intersection. The entrance to the parking is being moved
from the city side to the Pleasant Grove Road side.
Board Member Bell stated he is concerned about what will happen to Moore House. The
applicant has come in with the assumption that the building is to be moved. In the scope, it refers
to the impact of moving the house. This is a significant building to the town and the university.
Doctor Moore played a significant role in the school. If the lead agency status goes to the city, will
the town have input on what happens to the Moore House.
Attorney Barney stated the board is able to provide input in the Environmental Impact
Statement process.
Board Member Bell stated he is concerned it will be overlooked.
Attorney Barney stated it is the responsibility of the Planning Board as an involved agency
to be satisfied that the draft Environmental Impact Statement does discuss that. The board is then
able to make findings based on what the Environmental Impact Statement demonstrates.
Mr. Kanter stated a way to address it would be to reword some of the scoping in the
document.
Mr. Frantz stated the relocation of the Moore House would be an integral process of the
town's site plan approval.
Attorney Barney stated establishing the city as lead agency is only for the Environmental
Impact Statement. It does not remove the fact that Cornell University has to come to the town
for site plan approval.
Mr. Karp stated the university is working with Historic Ithaca for a resolution to the Moore
House.
Board Member Hoffmann stated she would like to see the Moore House referred to as a
historic building in the scoping.
Chairperson Wilcox stated the Planning Board was being asked to designate lead agency
status. He feels comfortable giving up lead agency to the city given Ms. Cornish would lead the
project.
MOTION by Fred Wilcox, seconded by Lawrence Thayer:
BE IT RESOLVED:
PLANNING BOARD MINUTES PAGE 32 OCTOBER 20, 1998
APPROVED - APPROVED - APPROVED - JANUARY 19, 1999 - APPROVED - APPROVED - APPROVED
That the Town of Ithaca Planning Board hereby concurs with the designation of the City of Ithaca Planning
and Development Board as lead agency under the New York State Environmental Quality Review Act for the
purpose of overseeing the environmental review, including if deemed appropriate preparation of an
Environmental Impact Statement, for the proposed Cornell University North Campus Residential Initiative;
and
BE IT FURTHER RESOLVED:
That in the Environmental Impact Statement adequate attention be paid to the proposed parking and traffic
arrangement and the proposed relocation of the historical Moore House.
AYES - Wilcox, Hoffmann, 7hayer, Mitrano, Bell, Kenerson, Ainslie.
NAYS - None.
The MOTION was declared to be carried unanimously.
OTHER BUSINESS:
Mr. Frantz stated Trinity Church had a fruitful meeting with their neighbors. They are
taking the strip of land between the two main parking lots and reducing it by 10 feet in width. It
is pulling the parking lot back towards the church and away from the homes.
Mr. Kanter asked if everyone would be attending November 3, 1998, meeting.
All members stated they would be present.
Mr. Kanter stated there will be a public meeting on October 29, at 7:00 p.m. about the
Northeast Traffic Study.
The town received an Outstanding Planning Project award for the 1997 Parlc, Recreation
and Open Space Plan.
Chairperson Wilcox stated a member of the Planning Board expressed some concern that
the town may be slow getting letters out to the applicants for positions.
Attorney Barney stated Lake Source Cooling was argued, Judge Rumsey reserved the
decision for thirty days.
AGENDA ITEM: ADJOURNMENT:
Upon MOTION, Chairperson Wilcox declared the October 20, 1998, Meeting of the Town
of Ithaca Planning Board duly adjourned at 11:31 p.m.
PLANNING BOARD MINUTES PAGE 33 OCTOBER 20, 1998
APPROVED -APPROVED - APPROVED -JANUARY 19, 1999 - APPROVED - APPROVED -APPROVED
Prepared by:
Carrie L. Coates,
Keyboard Specialist/Minutes Recorder
Mary Bryant,
Administrative Secretary for the Town of
Ithaca Planning Board.
TOWN OF ITHACA PLANNING BOARD FINAL
126 East Seneca Street
Ithaca, New York 14850
Tuesday. October 20, 1998
AGENDA
7:30 P.M. Persons to be heard.
7:35 P.M. SEQR Determination, La Tourelle elevator addition and changing room conversion, 1150 Danby Rd.
7:40 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed
modification of La Tourelle Country Inn, to include the addition of an elevator to provide handicap
accessibility from the lobby of the Inn to the lower level banquet room, and conversion of the former
changing room for the tennis courts into an overnight guest room, located at 1150 Danby Road (Route
96B), Tax Parcel No. 36.- 1 -4.2, Special Land Use District (SLUD) No. 1. Walter and Joyce Wiggins,
Owners /Applicant; Leslie Leonard, Agent.
8:00 P.M. SEQR Determination, Sweet Subdivision, 14011/2 Slaterville Road.
8 :05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed
subdivision of 0.5 +/- acres from Town of Ithaca Tax Parcel No. 58 -1 -36.2, 9.26 +/- acres in size total, located
backlot of Winners Circle and Slaterville Road, for consolidation with Tax Parcel No. 58 -1 -12.2, a.k.a. 1401 1/2
Slaterville Road, with the remaining 8.76 +/- acres to be conveyed to the City of Ithaca and consolidated with the
adjacent Mulholland Wildflower Preserve/Six Mile Creek Watershed, Residence District R -15 and CD
Conservation District. Robert D. and Virginia Sweet, Owners; Cynthia D. Bond, Esq., Agent.
8:20 P.M. SEQR Determination, Smith Subdivision, 543 Elm Street.
8:25 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed
subdivision of 0.31 +/- acres from Town of Ithaca Tax Parcel No. 29 -7 -5, 1.21 +/- acres in size total, located at
543 Elm Street, to be conveyed to the adjoining property owners to the west and consolidated with Tax Parcel
No. 29 -7-4, Residence District R -15. C. Hadley Smith, Owner /Applicant.
8:40 P.M. PUBLIC HEARING: Consideration of a Recommendation to the Town Board regarding a proposed Local Law
Amending the Town of Ithaca Zoning Ordinance Relating to Adult Entertainment Business.
9:25 P.M. Preliminary Discussion regarding Cornell University's proposed North Campus Residential Initiative, to consist
of the construction of new dormitory buildings and a new dining facility with associated vehicular drives,
landscaping and walkways, and the relocation of parking, recreational fields and courts, and a residence, located
in both the City of Ithaca and Town of Ithaca off of Pleasant Grove and Jessup Roads, and Consideration of
Concurrence regarding the City of Ithaca's request to be Lead Agency for the environmental review of this
project pursuant to SEQRA. Cornell University, Owner /Applicant; Kathryn Wolf, Trowbridge and Wolf,
Landscape Architects, Agent.
10. Approval of Minutes: (None available for distribution at time of mailout).
11. Other Business.
12. Adjournment.
Jonathan Kanter, AICP
Director of Planning
273 -1747
NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND, PLEASE NOTIFY MARY
BRYANT AT 273 -17470
(A quorum of four (4) members is necessary to conduct Planning Board business.)
TOWN OF ITHACA PLANNING BOARD
NOTICE OF PUBLIC HEARINGS
Tuesday, October 20, 1998
By direction of the Chairperson of the Planning Board, NOTICE IS HEREBY GIVEN that
Public Hearings will be held by the Planning Board of the Town of Ithaca on Tuesday,
October 20, 1998, at 126 East Seneca Street, Ithaca, N.Y., at the following times and
on the following matters:
7:40 P.M. Consideration of Preliminary and Final Site Plan Approval for the
proposed modification of La Tourelle Country Inn, to include the addition
of an elevator to provide handicap accessibility from the lobby of the
Inn to the lower level banquet room, and conversion of the former
changing room for the tennis courts into an overnight guest room, located
at 1150 Danby Road (Route 96B), Tax Parcel No. 36.- 1 -4.2, Special Land
Use District (SLUD) No. 1. Walter and Joyce Wiggins, Owners /Applicant;
Leslie Leonard, Agent.
8:05 P.M. Consideration of Preliminary and Final Subdivision Approval for the
proposed subdivision of 0.5 +/- acres from Town of Ithaca Tax Parcel No.
58 -1 -36.21 9.26 +/- acres in size total, located backlot of Winners Circle
and Slaterville Road, for consolidation with Tax Parcel No. 58 -1 -12.2,
a.k.a. 1401 1/2 Slaterville Road, with the remaining 8.76 +/- acres to be
conveyed to the City of Ithaca and consolidated with the adjacent
Mulholland Wildflower Preserve /Six Mile Creek Watershed, Residence
District R -15 and CD Conservation District. Robert D. and Virginia Sweet,
Owners; Cynthia D. Bond, Esq., Agent.
8:25 P.M. Consideration of Preliminary and Final Subdivision Approval for the
proposed
29 -7 -51
conveyed
subdivision of 0.31 +/- acres from Town of Ithaca Tax Parcel No,
1.21 +/- acres in size total, located at 543 Elm Street, to be
to the adjoining property owners to the west and consolidated
with Tax Parcel No,
Owner /Applicant,
29 -7 -4, Residence
District R -15, C. Hadley Smith,
8:40 P.M. Consideration of a Recommendation to the Town Board regarding a proposed
Local Law Amending the Town of Ithaca Zoning Ordinance Relating to Adult
Entertainment Business,
Said Planning Board will at said times and said place hear all persons in support of
such matters or objections thereto. Persons may appear by agent or in person.
Individuals with visual impairments, hearing impairments or other special needs, will
be provided with assistance as necessary, upon request. Persons desiring assistance
must make such a request not less than 48 hours prior to the time of the public
hearings.
Dated: Tuesday, October 13, 1998
Publish: Wednesday, October 14, 1998
Jonathan Kanter, AICP
Director of Planning
273 -1747
TOWN OF ITHACA L
PLANNING BOARD
NOTICE OF
PUBLIC HEARINGS
Tuesday, October 20, 1998
By direction of the
Chairperson of the Planning
Board, NOTICE IS HEREBY
GIVEN that Public Hearings
will be held by the Planning
Board of the Town of Ithaca
oni Tuesday, October 20,
1998, at 126 East Seneca
Striaet, Ithaca, N.Y. at the
following times and on the
followingg matters:
7:40 P.M. Consideration of
Preliminary and Final Site
Plan Approval for the pro-
Fosed modification of
aTourelle Country Inn, to in-
clude the addition of an ele-
vator to provide handicap
accessibility from the lobby of
tha Inn to the lower level -
baLhquet room, and conver-
sion of the former changing
room for the tennis courts into
an overnight guest room, lo-
cated at 1150 Danby Road
(Route 96B , 36.1-4.21 pec Parcel
ialLand Use
District (SLUD) No. 1. Walter
and y g ins, -
Owne s /Applicant; Leslie
Le6nard, Agent.
8:05 P.M. Consideration of
Preliminary and Final Sub-
division Approval for the PPro-
posed subdivision of 0.5±
ages from Town of Ithaca Tax
acres es in size )total? locoed
backlot of Winners Circle for
and Il Roads
coosol dation with Tax Parcel I
No. 58 -1 -12.2, a.k.a. 1401
1 /? Slaterville Road, with the
remaining 8.76± acres to be. -
and Ithaca I
(dower Preselhoe/Si Mie
Creek Watershed Residence -
District setvatioR District.. Robert D. d
and Virginia Sweet, Owners;
Cynthia D. Bond, Esq.,
Agent .
8 5 P.M. Consideration of —
Preliminary and Final Sub-
division Approval for the pro-
posed subdivision of 0.31± e
acres from Town of Ithaca 21±
Parcel No 29 -7 -51
acres in size total, located at
543 Elm Street, to be con- E
veyed to the ad- joining prop-
erty owners to the west and
consolidated with Tax Parcel
No. 29 -7 -4, Residence Dis- 4
trill R -15. C. Hadley Smith,
Owner /Applicant.
8:40 P.M. Consideration of a
Recommendation to the Town I
Board regarding a proposed
Local Law Amending the
nance Rela
tin to Adult EOnter.
tainment Business.
said Planning aid plane
hear all persons in support of
such matters or objections
thereto. Persons moy appear
by ag ent or in person.
Indnnduals with visuaL impair-
ments, hearing impairments
or other special needs, will
, be provided with assistance
e
as necessary, upon request.
Persons desiring assistance
not
must make such a request
less than 48phours poor t s.
time o�onathonhKa ta�� AICPg
Director of
273 -174
October 14, 1998
v
TOWN OF ITHACA
AFFADAVIT OF POSTING AND PUBLICATION
I, Karen Van Etten being duly sworn, depose and say that I am a Secretary for the Town of
Ithaca, 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 October 20 1998.
commencing at 7:30 P.M. as per attached.
Location of Sign Board used for Posting: Bulletin Board, Front & Entrance of Town Hall.
Date of Posting
Date of Publication:
October 13, 1998
October 14, 1998
waxtil (va� v
Karen Van Etten
Town of Ithaca.
STATE OF NEW YORK) SS:
COUNTY OF TOMPKINS)
Sworn to and subscribed before me this J�74hay of October 1998,
Mary J. Saxton
:SuYary Public, State of New York
Registration #01SA5044003
Qualified in Tioga County
;f Commission Expires ��.