HomeMy WebLinkAboutPB Minutes 1986-08-05 Fly
TOWN OF rrHACA
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TOWN OF ITHACA PLANNING BOARD Clerk
AUGUST 5, 1986
The Town of Ithaca Planning Board met in regular session on
Tuesday, August 5 , 1986, in Town Hall, 126 East Seneca Street, Ithaca,
New York, at 7:30 p.m.
PRESENT: Chairman Montgomery May, David Klein, Virginia Langhans,
James Baker, Robert Kenerson, Susan C. Beeners (Town
Planner) , John C. Barney, Esq. (Town Attorney) .
ALSO PRESENT: Beverly Livesay, Mario Giannella, Larry Rosenberg,
Richard Berggren, Jerold M. Weisburd, Paul Hartman,
Elmer S . Phillips, Edward O. Eaton, Nancy L. Krook,
Gary N. James, Eric Dicke, Mary A. Yaple, Arthur Yaple,
Joyce Amici, Gertrude Armbruster, Tom Amici, Isabelle
Flight, Lucia Armstrong, Lana M. Gokey, Lea Jap (WVBR) ,
Lillie Wilson (WHCU) , Mark Welsh (WTKO) .
Chairman May declared the meeting duly opened at 7 :30 p.m. and
accepted for the record the Clerk ' s Affidavit of Posting and
Publication of the Notice of Public Hearing in Town Hall and the
Ithaca Journal on July 30, 1986 , and July 31 , 1986, respectively,
together with the Clerk' s Affidavit of Service by Mail of said Notice
upon the various neighbors of the property under discussion, upon the
Tompkins County Commissioner of Planning, and upon the applicants on
July 30 , 1986.
APPROVAL OF MINUTES - April 15 , 1986
MOTION by Mr. James Baker, seconded by Mr. David Klein:
RESOLVED, that the Minutes of the Town of Ithaca Planning Board
Meeting of April 15, 1986 , be and hereby are approved with one
correction --- page 4, line 9, change "site" to "remains" .
There being no further discussion, the Chair called for a vote.
Aye - May, Klein, Langhans , Baker, Kenerson.
Nay -- None.
The MOTION was declared to be carried unanimously.
APPROVAL OF MINUTES - June 24 , 1986
MOTION by Mr. David Klein, seconded by Mrs. Virginia Langhans :
RESOLVED, that the Minutes of the Town of Ithaca Planning Board
Meeting of June 24, 1986 , be and hereby are approved as written.
There being no further discussion, the Chair called for a vote.
Planning Board -2- August 5 , 1986
Aye - May, Klein, Langhans, Baker, Kenerson.
Nay - None.
The MOTION was declared to be carried unanimously.
REPORT OF THE TOWN BUILDING INSPECTOR, GARY L. WOOD
Mr. Wood's July 1986 Report of Building Permits Issued was before
the Board and indicated that 26 permits were issued for $345 ,900 .00 in
improvements as compared with July 1985 when 16 permits were issued
for $515 ,750.00 in improvements.
REPORT OF THE TOWN PLANNER SUSAN C. BEENERS
Ms. Beeners described the various aspects of the work which
CLEARS (Cornell Laboratory for Environmental Applications of Remote
Sensing) will be doing for the Town and the plans for the utilization
of the maps which will be generated. Ms. Beeners noted that the
project entails at least a three month, perhaps more, mapping
operation, which will include the City of Ithaca, the Village of
Cayuga Heights, and about a thousand feet around the perimeter of the
Town. Ms. Beeners outlined the uses to which the finished product
will be put, mentioning drainage studies, land use studies, vegetative
coverage, residential types, soil surveys, traffic studies, etc. Ms.
Beeners indicated that she was looking forward to receiving the CLEARS
maps and to putting them to use.
CONSIDERATION OF A RECOMMENDATION TO THE TOWN WITH RESPECT TO PROPOSED
COVENANTS AND DEED RESTRICTIONS FOR "EDGEWOOD" , A TEN-UNIT CLUSTERED
SUBDIVISION PROPOSED TO BE LOCATED BETWEEN 1503 SLATERVILLE ROAD AND
1513 SLATERVILLE ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-58-1-32.2.
JANICE WOMBLE, OWNER; HOUSE CRAFT BUILDERS, INC. , DEVELOPER.
Chairman May declared the discussion with respect to the
above-noted matter duly opened and read aloud from the Agenda as noted
above .
Mr. Jerold M. Weisburd greeted the Board and stated that, with
the Board' s permission, he would like to present three aspects of
development. Mr. Weisburd stated that there were three things that
were conditions under the preliminary approval --- one of which was the
acceptance of the revisions to the Covenants and Restrictions which
they submitted and the Board has before it --- another was the
acceptance of some slight land modifications which they have redone
and are before the Board -- and another one was the approval of the
landscaping layout which they are submitting here. Mr. Weisburd
referred to a drawing entitled, "EDGEWOOD, Landscape Plan" , House
Craft Builders, Drawing LSP #1 , dated July 30 , 1986 .
Mr. Weisburd stated that, with regard to the landscaping and the
revisions of the site plan, they expect that they will be presenting
that for final subdivision approval at the September Planning Board
meeting, however, they wanted to run these by the Board this evening
so that, if there were any problems, they could correct them before
Planning Board -3- August 5 , 1986
the next meeting and before they put down the final plans .
Turning to the two-page document before the Board for discussion
entitled "EDGEWOOD COVENANTS AND RESTRICTIONS" , Mr. Weisburd referred
to paragraph #2 which states in part, "SUBJECT TO an easement for the
benefit of lot number of Edgewood Subdivision for the
maintenance of a certain party wall, said party wall being a
free-standing eight-.inch masonary wall located on the boundary
of the above-described premises. Said party wall shall not be
altered, extended, added to, or used for support in any way. . . " Mr.
Weisburd noted that it has to be able to withstand a fire on either
side, and not be relied upon for structural support. Mr. Weisburd
stated that he has a non-structural fixe wall in between which can
stand on its own, commenting, if you had four apartments in a
building, you would be required to put such a fire wall in the middle.
Mr. Weisburd stated that the reason they are putting it in is that
they intend to run the line through it. Mr. Weisburd reiterated that
it has to stand on its own, with a support wall on each side and a
free-standing fire wall in the middle. Mr. Weisburd offered that that
is very common now, he thought.
Referring to paragraph #3 of the proposed Edgewood Covenants and
Restrictions, Mr. Weisburd stated that this is intended to restrict
the amount of future development and says that "no addition or
improvement to the dwelling presently located on the premises shall be
constructed which is more than 27 feet in width or which increases the
area of the existing dwelling on the premises by more than twenty-five
per cent, and any addition or improvement may not be closer at any
point than five feet from the property line on which the
above-mentioned party wall is located, or closer than seventeen feet
to the opposite property line of the above-described premises. " Mr.
Weisburd noted that no addition can be more than 27 feet in width and
stated that they are planning the units themselves to be thirty-three
feet square, roughly. Mr. Weisburd stated that this all means that
you cannot extend out past "this line" [indicating on the revised site
plan] toward "this building" any more than it already is -- any
addition would have to be within "this" width. Mr. Weisburd noted
that "this part" of the property would have fifteen feet "there" and
twenty feet "there" , noting that this would allow access to the rear.
Referring now to the landscaping plan, Mr. Weisburd noted that "this
line over here" would give some privacy, adding that he was planning
to plant a row of maples or oaks along Slaterville Road and backing
that up with a row of evergreens -- Austrian pine was recommended for
this -- so there is a nice line on "this" border -- some very nice
tall trees. Again indicating, Mr. Weisburd pointed out that "this
line" is pretty bare so, there, he will fill in using evergreens and
soften it up a little bit with some large-sized shrubs. Mr. Weisburd
pointed out the location of an existing, very magnificent, large
deciduous tree on "this" corner. Mr. Weisburd noted that there is a
good, dense tree line coming down "here" , but about 15 or 25 feet is
pretty bare, so, again, he will fill in with the same trees, possibly
the Austrian pines, although he will leave "this" open enough for
access.
Planning Board -4- August 5, 1986
Chairman May thanked Mr. Weisburd for his presentation and asked
Town Attorney Barney if there were any comments he needed to make in
regard to the proposed covenants and restrictions.
Town Attorney Barney, commenting that he has read the document,
stated that he had not had a chance to compare it with some of the
others. Town Attorney Barney wondered if there was some discussion as
to what was going into these at the time of the preliminary site plan
approval. Chairman May referred to paragraph #4 relating to easements
and stated that the entire layout of the building would mean that you
have easements which go onto the other persons ' s property. Chairman
May suggested that this may have to be reviewed a little bit.
Town Attorney Barney stated that it ought to be excluding any
land that is within the confines of an adjacent building. Mr.
Weisburd offered that they dealt with them on June 24th. Town
Attorney Barney suggested adding " , but excluding any land within the
exterior walls of any adjoining building. " to the end of paragraph #4.
Town Attorney Barney stated that he assumed that drainage is supposed
to be in there -- to be built in -- as appropriate.
Mr. Weisburd stated that they were hoping to be able to go to the
Town Board on the 18th of this month with a recommendation. Chairman
May asked if there were any other comments. Referring to the
Landscape Plan, Mr. Kenerson commented that he just did not hear what
the "final sizes" were going to be. Mr. Weisburd, commenting that the
trees are not drawn to size, stated that he was specifying ten to
twelve on "these" and twenty on "these". Mr. Klein wondered what size
the deciduous trees are, with Mr. Weisburd responding, that he did not
know, and adding that he needed to do that. Mr. Klein hoped that it
was not being seeded with "little bitty" ones. Mr. Weisburd stated
that they are looking for half-sized ones.
Ms. Beeners stated that she had a slight problem with the trees
"here" in the right of way, commenting that, of course, it is possible
that this would never block the road, however, if it did, she was
saying that it looks as though the evergreens might go there and could
block the exit out where the roadway would be. Ms. Beeners suggested
that, maybe, the shrubs shown "here" could be moved over "here",
nearer the building, then, if a trail or road were to develop, at
least you would have something. Mr. Klein wondered about where the
right of way is shown, and asked how much construction would require a
road to get through there, and further asked if there were a great
drop-off there. Mr. Weisburd responded that it drops down about ten
feet, adding that if it is going to be a Town road, he thought you
would have to have three car lengths nearly before you drop off. Mr.
Wiesburd commented that one of the things, however, that happens is,
everyone along Slaterville Road has got to put fill in and grade it up
to the road.
Chairman May asked if there were any other questions or comments.
There being none, Chairman May asked if anyone cared to make a motion.
MOTION by Mr. David Klein, seconded by Mr. Robert Kenerson:
Planning Board -5- August 5 , 1986
WHEREAS:
1 . This project is a proposal for the subdivision of lands zoned R15
and R30 on the south side of Slaterville Road between 1503
Slaterville Road and 1513 Slaterville Road, Town of Ithaca Tax
Parcel No. 6-58-1-32.2 , and includes a proposed clustered
development of ten two-family dwellings.
2 . This project is an Unlisted action for which a conditional
negative determination of environmental significance has been
made, based on the conditions listed in paragraph 3 below, and,
on the condition that an open space buffer along the boundary of
the City of Ithaca Watershed lands be required in any future
development of the southern 7.4± acre parcel, and, that any
activity on this southern parcel be such that does not adversely
affect these adjacent Watershed lands .
3 _ The Planning Board granted Preliminary Subdivision Approval for
this project on June 24, 1986 , based on the following conditions:
a. That a landscape plan be submitted with the other materials
required for Final Subdivision Approval, and that such plan
include the addition of evergreens at the corners of
building clusters and the addition of plant material which
would suitably buffer the proposed buildings from adjacent
properties.
b. That a 60-foot right of way be shown on the subdivision map
from Slaterville Road to the southern parcel.
C . That covenants and deed restrictions be approved by the Town
Board and the Town Attorney.
4. The Planning Board on August 5, 1986 has reviewed draft "Edgewood
Covenants and Restrictions" , "Preliminary Revision of Edgewood
Site Plan" , House Craft Builders, Inc. , Drawing No. E-1-R, dated
July 24 , 1986, and "Edgewood Landscape Plan" , Drawing LSP #1,
House Craft Builders, dated July 30 , 1986.
NOW, THEREFORE, IT IS RESOLVED:
1 . That the Planning Board approve and hereby does approve the
"Preliminary Revision of Edgewood Site Plan" , House Craft
Builders, Inc. , Drawing No. E-1-R, dated July 24, 1986 .
2 . That the Planning Board recommend and hereby does recommend that
the Town Board approve the draft covenants and restrictions as
presented, reviewed, and revised by the Planning Board on August
5 , 1986.
There being no further discussion, the Chair called for a vote.
Aye -- May, Klein, Langhans, Baker, Kenerson.
Nay - None.
Planning Board --6- August 5 , 1986
The MOTION was declared to be carried unanimously.
Chairman May declared the Edgewood discussion duly closed.
PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD
WITH RESPECT TO THE PROPOSED DESIGNATION OF 3.8± ACRES OF LAND LOCATED
AT 602 ELMIRA ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-31-3-4 , PRESENTLY
ZONED LIGHT INDUSTRIAL, AS A SPECIAL LAND USE DISTRICT (LIMITED MIXED
USE) , AND, CONSIDERATION OF SITE PLAN APPROVAL IN CONJUNCTION WITH
SUCH PROPOSAL. THOMAS JOSEPH AMICI AND THOMAS JAMES AMICI, OWNERS/
DEVELOPERS.
Chairman May declared the Public Hearing in the above-noted
matter duly opened and read aloud from the Notice of Public Hearing as
posted and published and as noted above. Mr. Tom Amici was present.
Mr. Amici appeared before the Board and stated that they believed
that the building and land are well-suited to what they need, and they
are offering a plan to the Board that the building is adequate to what
they want to do with it, other than what it was used for in years
past.
Mr. Kenerson asked if there were to be any structural
renovations, with Mr. Amici responding that he was planning to
renovate the exterior, but nothing inside other than bringing it back
structurally sound. Chairman May, noting that the request was for
five apartments and a store, asked how big the building is entirely.
Mr. Amici stated that it is about 46 feet wide and about 60 feet deep,
containing about 2,645 square feet on the first floor and about 1 ,610
square feet on the second floor. Mr. Amici stated that it is equipped
with a fire alarm and noted that they will be doing some up-to-date
wiring. Mrs. Langhans commented that it looked awfully small to her.
Mr. Amici responded that he thought he could take and put five
apartments in there, three apartments and the craft/gift store on the
first floor and two apartments on the second floor, according to the
way the "book" is written.
Ms . Beeners stated that she had discussed this proposal with the
Building Inspector and, at this stage, he considered the wiring to be
adequate for that number of apartments and the store, pending further
examination which he would get into after a decision by this Board and
the Town Board. Mr. Amici stated that the smallest room would be
nine-and-a-half feet by ten feet and that would be the smallest room
in the whole building. Mr. Amici stated that all of the bathrooms
would be five feet by eight feet, if not bigger. Mrs. Langhans asked
if there is a kitchen and bathroom upstairs or down, with Mr. Amici
responding that upstairs there is a kitchen and two full bathrooms in
between rooms.
Noting that this was a Public Hearing, Chairman May asked if
anyone wished to comment.
Mr. Richard Berggren, 119 Williams Glen Road, spoke from the
floor and stated that he would like to see apartments here or
Planning Board -7- August 5 , 1985
something at least. Mr. Berggren stated that he was in favor of
apartments, noting that there are apartments across the road. Mr.
Berggren stated that, basically, he would like to see the whole area
zoned for small apartments or something to that effect.
Mrs. Gertrude Armbruster, 850 Five Mile Drive, spoke from the
floor and stated that she wanted to know where the 3.8 acres extends
to, asking if it were all on "that" side of the road, with Mr. Amici
responding, yes.
Mrs . Langhans, noting that on the completed Long Environmental
Assessment Form, #25, it is stated that this building is included in
the Tompkins County Historic Building Inventory, asked if that puts
any restrictions on it. Mr. Amici stated that it does not, adding
that also, unfortunately, the building has been altered quite a bit
from its original state. Mr. Amici stated that there was a porch all
the way around it which was all enclosed with Texture 1-11 siding, so,
there is really nothing protecting it historically. Mrs. Langhans
questioned Mr. Amici with respect to the porch, wondering if it were
not originally there. Mr. Amici responded that someone else enclosed
it and commented that the building has had many uses --- it was the
Dodd Nursing Home, a drug rehabiliation center [Alpha House] , and
three restaurants.
Ms . Beeners stated that she had looked briefly at the State
Building Code which appears to indicate that more than one type of
occupancy in a wood frame building is not permitted, that is,
apartments but not a business, however, the Building Inspector was
aware of the proposal and did not make any such comment for this
hearing.
Chairman May offered that he wondered if it would be appropriate
to adjourn this hearing for a determination with respect to the uses
proposed.
Mr. Amici stated that he had talked with Mr. Gary Wood and he
said --- "What kind of store is this going to be. " -- "I said, it's
going to be a hobby shop, no food goods or anything. " "He said, in
this case, I may be in a position to say yes, but the fact is, it is a
wood structure building, and I did not want to see cookery in that
type of situation. " "I said, we are only planning for a gift shop,
nothing edible. "
Town Attorney Barney queried about there being a variance
process. Mr. Klein responded that there was, at the State level.
Town Attorney Barney noted that the lands and building were occupied
in the past by restaurants. Chairman May stated that he thought there
was no question that the matter should be adjourned just to determine
this occupancy question. Town Attorney Barney suggested that the
Board might want to get to Gary Wood for a determination.
Ms. Beeners stated that she has had a preliminary determination
from Mr. Wood on the draft resolution before the Board and, basically,
he recommended approval of the site plan including the operation of
Planning Board _B- August 5 , 1966
the store, and then, also, recommended on the rezoning that the
building be in direct compliance with the codes and regulations. Ms.
Beeners asked if it would be possible for the Board, considering the
time frame, and considering these contingencies in the draft
resolution, to still consider the draft resolution. Chairman May
stated that he thought it would be much better and he would feel
better if the Board just adjourned the matter and brought it back
after there was a little bit more information for the Board members
present and for the other members of the Board. Ms. Beeners
reiterated her understanding from Mr. Wood on the proposal from
several discussions with him. Chairman May stated that he would
rather wait one more month than do it now.
Mr. Amici requested to speak and, asking if there were any
possible way that we could move a little faster on this, stated that
he was working with a situation with the banker, adding that he did
not know he was going to get involved with this type of problem to
begin with. Mr. Amici stated that he had a time frame, adding that
there are two of them who are doing this in a tight time frame. Mr.
Amici stated that he was working with some deadlines that he has to
meet or else he would be in a breach of contract with the bank, so, he
has to know immediately whether or not he can progress with this any
faster. Mr. Amici stated that when he got the building he came down
for a building permit and, anyway, he was under the interpretation
that this was all fine and dandy -- no problems at all -- and now, we
find out a little bit different.
Chairman May asked Mr. Amici if he had looked at the zoning of
the area when he bought the property. Mr. Amici responded that it
came from an auction, adding that they just happened to be there at
the right time. Mr. Amici stated that he would just like to point out
something which the Board may not know and which it might want to take
into consideration -- he had the financing to buy and then sell the
land and the purpose of that new owner, so to speak, was to demolish
the building. Continuing, Mr. Amici commented that the building is
built on a major route and, if it is demolished there will be another
building there -- for what that is worth. Mr. Amici stated that he
did need to go back to the bank with a project. Chairman May
indicated that he understood Mr. Amici 's position.
Mrs . Langhans noted that Mr. Amici planned to put a store in the
building. Mr. Amici stated that it was really necessary to his wife,
adding that it is a project which she wants to do and that is why they
wanted the building -- the building is for her. Mr. Amici stated that
there will be someone there twenty-four hours a day and that is so
there is no wreckage there; if there is a fire, let's say, there is
going to be someone there to catch that; someone to watch -- that is
why she wants to put in the store; that is the reason for that. Mrs.
Langhans wondered if it turned out that having both is not permitted,
if Mr. Amici would be willing to go ahead with just the apartments,
or, would he just scrap the whole deal. Mr. Amici responded that it
was hard to say, adding that he guessed they will have to do with what
they have to do, and further adding that if it is not permissible,
they will go as far as possible or sell to this other person.
Planning Board -9- August 5 , 1986
Chairman May stated that we certainly have to comply with the New
York State Building Codes. Mr. Amici agreed and stated that he has
to, too. Chairman May offered that he did not think the Board wanted
to approve any recommendation that might be contrary to that.
Mr. Klein wondered if Mr. Amici would still have to come back for
another site plan review. Ms. Beeners pointed out that there were two
parts to this discussion -- one being the consideration of site plan
approval for the operation of a store in a light industrial district,
a use which has been permitted by the Board of Appeals in other cases,
and the second being the consideration of a recommendatin to the Town
Board for the proposed rezoning to Special Land Use District (Limited
Mixed Use) for the apartments and the store -- all being subject to
compliance with pertinent codes. Ms. Beeners noted that this was
referred to her by the Building Inspector. Mr. Klein stated that he
would not be happy recommending a rezoning that was not in compliance,
however, it could, perhaps, be rezoned for residences and not mixed
use. Ms. Beeners offered that that would be an alternate thought and
noted that the Board will not be meeting again until September. Ms.
Beeners noted that that would mean coming back to the Board for
approval and so, if no action is taken, there will be at the least a
three-month process starting in September, assuming approval of a
mixed use could be overcome.
Mr. Amici stated that they are going to be in a period where
there is going to be a slump period and they are going to have a tough
time. Mr. Amici stated that they do not want to "widen the site" or
do anything wrong; they always abide by all the codes and do their
jobs in compliance.
Town Attorney Barney stated that a mixed usage of a residential
type and a store may not be permitted, adding that he would have to
check that with the Town' s zoning also. Mr. Amici stated that they
would like to have the apartments, adding that they are up against the
wall -- they want to do both; his wife wants it; they want to do the
right thing; it is a family project. Mr. Amici stated that according
to the Town's book, if he put five apartments in there, commenting
that he could probably put ten apartments in there, it is okay, but
you have to get site plan approval, and further commenting that he
could see a real lot of hassle if he were building something new in
there, which he was not. Town Attorney Barney suggested to Mr. Amici
that he had to take his chances, commenting that the last mixed use
project took about nine months to process, and further commenting that
it may not be a practical alternative. Mr. Amici responded that they
are working within the limitations of the Health Department, adding
that they will have to draw up a new set of plans if they cannot go
ahead with the store.
Chairman May noted that it was necessary to review the Long EAF
submitted by Mr. Amici, dated July 28 , 1986 , as reviewed by Ms.
Beeners under date of August 1 , 1986 .
Chairman May noted that Mr. Amici was doing the work himself,
with Mr. Amici responding, yes, and adding that that was why the time
Planning Board -10-- August 5 , 1986
frame is so important. Chairman May commented that he will be there
for a while. Mr. Amici stated that they can hire out help, but their
main plan is to do it themselves -- to work together on it.
There appearing to be no further discussion, Chairman May asked
if anyone wished to make a motion.
MOTION by Mr. David Klein, seconded by Mr. Robert Kenerson:
WHEREAS :
1 . This project is a proposal for the rezoning of 3 .8± acres located
at 602 Elmira Road, Town of Ithaca Tax Parcel No. 6-31-3-4,
presently zoned as Light Industrial District, as a Special Land
Use District (Limited Mixed Use) for initial development of a
store and five apartments in an existing building, and an
application for Site Plan Approval for the operation of a store
under the present Light Industrial zoning.
2 . This project is an Unlisted action for which the Town Board is to
act as Lead Agency for environmental review of the proposed
rezoning, and for which the Planning Board is to act as Lead
Agency for site plan approval for the proposed store operation.
The New York State Department of Environmental Conservation, the
Tompkins County Planning Department, and the Tompkins County
Health Department are potentially-involved agencies who are being
notified of this project.
3 . The Planning Board has, at a Public Hearing on August 5, 1986,
reviewed "Plan For Proposed Special Land Use District", dated
July 31 , 1986, schematic floor plans, and a SEQR Long
Environmental Assessment Form and Planner's review for the
project, and recommends to the Town Board that the project be
determined not to have a significant adverse impact on the
environment. The Planning Board further accepts the Planner's
recommendation that the proposed operation of a store be found
not to have a significant adverse impact on the environment.
4 . The Planning Board has found that:
a. There is a need for the proposed use in the proposed
location. The project would rehabilitate and adaptively
reuse an existing building of architectural merit for light
commercial and residential uses that are needed in the
Elmira Road area.
b. The existing and probable future character of the
neighborhood will not be adversely affected. The project
would complement and enhance surrounding commercial and
residential properties .
C. The proposed change is in accordance with a comprehensive
plan of development of the Town. The project is consistent
in concept with applicable zoning regulations.
Planning Board -1i- August 5 , 1986
d. Previous use of the building has been for residential and
commercial purposes.
THEREFORE, IT IS RESOLVED:
1 . That the Planning Board make and hereby does make a negative
declaration of environmental significance for the proposed store
operation, and recommends to the Town Board that a negative
declaration of environmental significance be made for the
proposed rezoning.
2 . That the Planning Board grant and hereby does grant final site
plan approval for the operation of a store in the existing
building under the present Light Industrial zoning, subject to
compliance with all pertinent codes and regulations, and,
specifically, compliance with any building and fire code
regulations and/or restrictions applicable to mixed use of the
existing structure, i.e. , a craft/gift store and residential.
apartments.
3 . That the Planning Board recommend and hereby does recommend
approval of the general site plan for the proposed District.
4 . That the Planning Board recommend and hereby does recommend to
the Town Board that the Town Board resolve to amend the Zoning
Ordinance of the Town of Ithaca to add to the list of permitted
Districts a Special Land Use District (Limited Mixed Use) , such
District consisting of 3 .8± acres located at 602 Elmira Road,
Town of Ithaca Tax Parcel No. 6--31-3-4, to permit the
construction of five apartments and one store within an existing
building as described in the submissions for the proposal,
subject to compliance with all pertinent codes and regulations,
and provided that a ruling be obtained from the Town Building
Inspector that the requested limited mixed use in this existing
structure can comply with the New York State Uniform Fire
Prevention and Building Code.
There being no further discussion, the Chair called for a vote.
Aye - May, Klein, Langhans, Baker, Kenerson.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairman May declared the Amici matter duly closed.
SKETCH PLAN REVIEW: CORNELL UNIVERSITY EQUITATION CENTER, PROPOSED TO
BE LOCATED ON PINE TREE ROAD BETWEEN THE INTERSECTIONS OF ELLIS HOLLOW
ROAD AND SNYDER HILL ROAD, TOWN OF ITHACA TAX PARCELS NO. 6-60-1-8 .2
AND 6-60--1-9E. CORNELL UNIVERSITY, OWNER; ERIC DICKE, AGENT.
Chairman May declared the discussion with respect to the Sketch
Plan for the above-noted matter duly opened and read aloud from the
Agenda as noted above. Mr. Dicke, Architect with Cornell University,
Planning Board -12- August 5 , 1986
was present.
Mr. Dicke appeared before the Board and stated that what he
wanted to do this evening is just introduce the project so that people
could become familiar with it, subject to final approval by Cornell
University. Mr. Dicke stated that this review was to get opinions
from the Board and to see if the people have any complaints , the
nature of any problems which they might have, and to answer any
questions which they might have. Mr. Dicke stated that if anybody has
any questions, he would be more than happy to answer them. Mr. Dicke
stated that it was the intention of the University to go before the
Board in September for a public hearing and to be able to answer
questions at that point also, however, at this point, he was just
introducing it and letting people know what is being thought about.
Mr. Dicke stated that he thought the first thing that was
important to understand is where the site is, because the way it is
described in the Agenda, there might be some misconceptions. Mr.
Dicke presented for perusal aerial photographs taken at two different
altitudes and noted that in September they will be able to have the
building plans which can be looked at for more detail. Mr. Dicke
noted that there are about six or seven acres of land involved.
Mr. Dicke reiterated that if anyone has any question, he would be
more than happy to have people give him a call at Cornell -- 255-7105 .
Mr. Klein stated that he assumed the designs of the buildings
will be similar to what the Board saw for the earlier Hanshaw Road
proposal back in February.
Mrs . Mary A. Yaple, 151 Pine Tree Road, spoke from the floor and
asked Mr. Dicke why the facility was switched from Hanshw Road to Pine
Tree Road, and further asked why he had all "those" aerials. Mrs.
Yaple wondered if Mr. Dicke if he were telling those present that this
is a proposal for Cornell to approve . Mr. Dicke responded that
Cornell has to make the final decision in terms of its site approval
process and it was recommended that that be done before September
2nd's meeting of the Town Planning Board, and, then, they will be able
to have the site plan and descriptions -- in other words, nobody will
be able to give approval without seeing anything. Mrs. Yaple offered
that Cornell is planning this, and after they have done this, they are
going to process it and do up some plans and then present it. Mr.
Dicke responded, exactly, adding that the idea was to make sure people
know ahead of time what it was, so if there were any questions, we
could talk about them.
Mr. Paul Hartman, 132 Pine Tree Road, spoke from the floor and
asked why Cornell originally decided to put this facility on Hanshaw
Road and now on Pine Tree Road. Mr. Dicke stated that this site is
smaller than the one on Hanshaw Road and this site is closer to
Campus . Mr. Dicke stated that this site can be fitted with an outdoor
arena, or polo field, which was an important part of the plan. Mr.
Dicke commented that Oxley Arena is getting pretty run down, adding
that there is not enough head room.
Planning Board -13- August 5 , 1986
Mr. Mario Giannella, 6 Dove Drive, spoke from the floor and asked
how tall Oxley Arena is , with Mr. Dicke responding, 21 or 22 feet.
Mr. Giannella asked if Cornell had to have a building larger than 30
feet tall, with Mr. Dicke responding that he had been told that to be
taller than 30 feet would require a variance. Mr. Giannella asked, if
there is not enough head room in Oxley, was the University going for
something that is greater than 30 feet in height. Mr. Dicke replied,
not necessarily, adding that there is a way to design it within the
30-foot limit, and still increase head room inside. Mr. Dicke stated
that that is something they have to look at, adding that it may be
entirely possible to keep within the thirty feet. Mr. Dicke noted
that there are no houses within a thousand feet of the proposed
location, adding that this is not a congested area.
Chairman May, commenting that he was a very close neighbor,
stated that he was concerned that this project was going to interfere
with the swine barns. Mr. Dicke assured Chairman May that it was not.
Mr. Arthur Yaple, 151 Pine Tree Road, spoke from the floor and,
commenting that he was fairly familiar with the way the horse people
ride there, stated that he walks his dog on the Game Farm trail almost
every day and the horse people have taken over that trail. Mr. Dicke
offered that he could not predict where they will ride their horses on
Pine Tree Road.
Mr. Richard Berggren, 119 Williams Glen Road, spoke from the
floor and stated that there was another thing that mattered to him,
and, noting that he had taken a look at Oxley Arena, further stated
that he thought it is of a metal building construction and the dents
have never been taken out. Mr. Berggren stated that he hoped that
that is not what Cornell is planning for this site. Mr. Dicke
responded that that has not been decided yet.
Chairman May asked if anything was going to be done about
relocating Pine Tree Road at its intersections. Mr. Dicke offered
that if this project comes to fruition, that might well be a factor,
adding that there is still some discussion, but no final agreement has
been reached.
Mr. Yaple, commenting that he just wanted to make sure that he
heard Mr. Dicke correctly, stated that Mr. Dicke apparently was
talking about positioning something in such a way that Pine Tree Road
could be relocated in either direction. Mr. Dicke responded that that
was their intention. Mr. Yaple stated that the road around the
shopping center in the wintertime is impossible, and, while this
project may not be adding a big volume of traffic, it is adding more
types of traffic to an already extremely difficult situation.
Chairman May stated that the problem with the present farm across
the road is that the barn is too close to the road such that trying to
turn in there is a real problem. Chairman May stated that he assumed
Cornell ' s intentions would be to move it back and, also, in their
considerations with respect to parking spaces, that is one thing which
Cornell should be thinking about. Mr. Dicke stated that that is the
Planning Board -34, August 5 , 1986
kind of thing they will be discussing between now and September.
Mr. Yaple, commenting that he was going to say the same thing,
stated that he lives right down the road, and it is a low density
residential area. Mr. Yaple stated that he could just see, between
the trucks and now the horses, a real problem. Mr. Yaple stated that
his last question was whether this is the only place that Cornell has
for this facility. Mr. Dicke replied that this is it, adding that it
was as far as they could travel from Cornell. Mr. Yaple stated that
he assumed there are still some details to be worked out. Mr. Dicke
offered that there are still a couple of elements that have to be
worked out subject to approval, adding that some have been approved
already but, frankly, the Board of Trustees has not approved it at
this point. Mr. Dicke stated that there were a number of sites that
were looked at -- all over the place -- but they did not want to get
too far away.
It appeared to be the consensus of the Board that the proposed
plans would be presented to the Board at its meeting on September 2nd,
the Tuesday after Labor Day, and any other questions would be answered
then.
ADJOURNMENT
Upon Motion, Chairman May declared the August 5, 1986 meeting of
the Town of Ithaca Planning Board duly adjourned at 9:35 p.m.
Respectfully submitted,
Nancy M. Fuller, Secretary,
Jo Ann Patana Vliet, Recording Secretary,
Town of Ithaca Planning Board.