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HomeMy WebLinkAboutPB Minutes 1975-04-15 4 TOWN OF ITHACA PLANNING BOARD APRIL 15 , 1975 • The Planning Board of the Town of Ithaca met in the Town of Ithaca Town Hall , 126 East Seneca Street , ( second floor ) , Ithaca , New York , on Tuesday , April 15 , 1975 , at 7 : 30 p . m . PRESENT : Chairwoman Barbara Holcomb , Richard Black , Robert Christianson , Liese Bronfenbrenner , Sam Slack , Robert Scannell , Maurice Harris . ABSENT and EXCUSED : Daniel Baker , ALSO PRtSENT : Walter J . Wiggins , Jeff Wetzler , Mike Hall , Gay German , John Comerford , Nancy Meyer , H . M . VanCort , Joy Daley , Jonathan Simons , John L . Shisler , students of Landscape Architecture class at Cornell University , Bob Lynch (WTKO ) . Chairwoman Holcomb opened the meeting at 7 : 30 p . m . DISCUSSION OF PROPOSAL FOR CLUSTER HOUSING BY WALTER J , WIGGINS FOR HIS PROPERTY ON DANBY ROAD ADJACENT TO HIS RESTAURANT L ' AUBERGE DU COCHON ROUGE , Mr . Wiggins and his architect , Mr . Jeff Wetzler of Thomas Asso - ciates , presented a proposal for cluster housing in the barn adjacent to Mr . Wiggins ' restaurant at 1152 Danby Road . They presented an area map of the property which comprises some 70 acres . Mr . Wiggins proposes to set aside approximately 5 - 3 / 4 acres of this large parcel which would contain the barn in question . Mr . Wiggins requested that this smaller parcel within the larger parcel be designated as cluster under Section 281 of Town Law , Mr . Wiggins presented several photo - graphs of the barn , the vicinity of the barn and the inside of the barn as it looks at present . Mr . Wiggins noted that he had requested a variance from the Town Zoning Board of Appeals to allow 4 apartments within the barn and was refused such variance . There are presently existing in the barn one 2 - bedroom apartment , a 1 -bedroom apartment on the first floor , a 1 -bedroom apartment on the second floor , and a loft - like apartment on the third floor . Mrs . Holcomb asked Mr . Wiggins if there has been any consultation with the State people in re multiple housing . Mr . Wetzler stated that he is very familiar with the New York State Building Code and the Type 5 construction not exceeding 3 stories in height . He noted that such a building may be altered to Group B- 1 occupancy (multiple ) . He stated that there are some minor problems such as ventilation in the bathroom . Mrs . Holcomb wondered if the stairwells are all fire insulal �cU. Mr . Wetzler said that they are not fire rated , but they are not required to be . He noted that the third story apartment would noed some minor alterations to the stair to comply with the Code . Mr . Fabbroni stated that the third floor loft apartment is the one of most concern as far as fire . The Town would want to make sure that Mr . Wiggins is fully in compliance with the Code for the access and egress to and from the loft apartment . Mr . Wiggins stated that it is probably safer to have it open than closed . Mr . Wetzler pointed out that the apartments do not occupy more than 30 % of the entire barn . The rest is open space . Mr . Fabbroni repeated that he thinks 1 Town ,of Ithaca Planning Board - 2 - April 15 , 1975 that the stairway to the loft apartment needs to be improved . Mr . Wiggins stated that he would be happy to accede to any of Mr . ® Fabbroni ° s wishes , Mr . Wiggins noted that the Town of Ithaca Zoning Ordinance con- siders five acres .as a minimum for cluster . He stated that the only problem with the request gaining approval is the bathrooms not being vented and the stairway , Mr . Wiggins presented the following letter to the Planning Board : " April 15 , 1975 . I respectfully request that the portion of the premises owned by my wife and me , located on the west side of the Danby Road , Town of Ithaca , consisting of approximately 5 3 / 4 acres as the same is shown on an air map , attached hereto and made a part hereof , be designated for use as cluster housing in accordance with the Town of Ithaca Zon- ing Ordinance . It is my intent that the present use of the existing barn facility will be as follows : ground floor , north side - one 2 -bedroom apartment ; ground floor , south side - one 1 -bedroom apartment ; 2nd floor , south side ® one 1 -bedroom apartment ; 2nd floor , north side and 3rd floor , south side m one 1 -bedroom apartment . It is agreed that a separate deed delineating the boundaries of the premises described herein shall be executed and recorded ; that no further development of the premises shall be undertaken without the submission of plans to the Planning Board and appropriate approval obtained from said Planning Board . " Mr . Wiggins stated that he had no further plans , he just wants to preserve and make viable this valuable barn . Mr . Black asked what~ kind of insulation is in the building and Mr . Wetzler stated that the roof has 3 1/ 2 " fibreglass insulation , there is raised fire proof sheathing and one apartment has polyurethane sprayed on the walls which are then covered with barn wood . Mrs . Holcomb stated that the Planning Board really has two sets of decisions to make - - 1 . We are being asked to take action to help Mr . Wiggins correct that which was done illegally in the first place . The application to the Zoning Board of Appeals was after the fact . The violation has been cited in the winter of 1974 , We could consider his proposal under 40 Section 281 of Town Law whereby we have set a limit of 4 units per building . We are not required to do this . 2 . The location , etc . , of the building on the proposed site to be set aside must comply with requirements of the existing zoning ordin- Town of Ithaca Planning Board e3 ® April 15 , 1975 ance . Mrs . Holcomb also stated that the Planning Board would be well served to have Mr . Dixon , the New York State Engineer , come and go through the building and see if it meets Code and if it does not what needs to be done . Mr . Christianson stated that he fully understood the problem here , however , he really had no objections to the proposal . It was Mr . Christianson ° s opinion that it is a creative use of a barn and a creative use of a piece of property . It is a matter which got out of hand . Even so it is a violation . In terms of its occupancy and capacity he could see no objection . It is far off the road . It is spacious . It is beautifully restored and well set back from the road . He asked what the Planning Board could do to make the barn a viable piece of property . Mr . Wiggins stated for those members of the Board not serving at the time that the Planning Board had at one time recommended that the whole area be set aside for a trailer park . He appeared before the Planning Board at that time to ask , with other citizens present , that that area of the Town not be designated as a trailer park . He pointed out that if it had been so zoned both he and Mr . Schickel could have made a handsome profit on the sale of their lands . Mr . Wiggins said that when he appeared before the Planning Board the last time the Town did not have a cluster ordinance . He stated that he did not bald faced ignore the law . Mrs . Holcomb pointed out that the new zoning ordinance has not been completed . There apparently was a misunderstanding on Mr . Wiggins ' part . Cluster is not a part of the Town of Ithaca Zoning Ordinance . This concept of development has been available through Section 281 of Town Law for about ten years . Mrs . Holcomb asked if this Planning Board wishes to consider Mr . Wiggins ' proposal for cluster housing on this piece of property . Mr . Black stated that he had mixed feelings . Mrs . Holcomb stated that she was uncomfortable in acting after the fact . She statedthat an alternative is to require Mr . Wiggins to remove two units from the barn . Mr . Fabbroni pointed out that corrective action is not a matter for this Board to decide . Mr . Wiggins could still go to the Zoning Board of Appeals . Mr . Fabbroni said that through our discussion at this meeting it has been shown that Mr . Wiggins was cited for the violation in December of 1974 and he came in to the Town Office in January 1975 . This proposal seemed to be the best way to go . The Town is more concerned with having a legal use there rather than windowdressing . It was Mr . Fabbroni ° s opinion that the fact that through his letter he wants to set aside 5 - 3/4 acres for perpetuity is a good faith consideration . He was in violation and should be admonished as he has been . Mr . Fabbroni felt that the Board should move on from this point in a positive manner . Mr . Black asked if the driveway is split . Mr . Wiggins said that it was not . Mr . Black wondered what would happen if this piece of land were sold - � what would the access be ? Mr . Wetzler said that the boundary as drawn shows a jog which follows the existing driveway . He stated that there would be enough room for a second driveway . o Town of Ithaca Planning Board = 4 - April 15 , 1975 MOTION by Mr . Robert Christianson , seconded by Mr . Robert Scannell RESOLVED , that the Planning Board of the Town of Ithaca will consider the proposal of Mr , Walter J . Wiggins for cluster housing on a portion of his property . at 1152 Danby Road , Tax Parcel No . 6 - 36 - 1 - 4 . 2 . There being no further discussion , the Chair called for a vote . Aye - Holcomb , Black , Christianson , Bronfenbrenner , Slack , Scannell , Harris , Nay - None . The Chairwoman declared the MOTION to be carried unanimously . Mrs . Holcomb stated that the Planning Board will consider this a proposal for cluster housing under Section 281 of Town Law . MOTION by Mr . Robert Scannell , seconded by Mr . Sam Slack , RESOLVED , that the Planning Board of the Town of Ithaca shall hold a Public Hearing on May 6 , 1975 , at 7 , 45 p . m . , in the Town of Ithaca Town Hall , for consideration of preliminary approval for a proposal by Mr . Walter J . Wiggins for cluster housing on a portion of his property at 1152 Danby Road , Tax Parcel No . 6 - 36 ® 1 - 4 . 2 . • There was no further discussion and the Chair called for a vote . Aye - Holcomb , Black , Christianson , Bronfenbrenner , Slack , Scannell , Harris . Nay - None , The MOTION was declared to be carried unanimously . Mrs . Holcomb stated that it would be to the Town ' s advantage to have Mr . Donald Dixon inspect the barn and report . She stated that a site plan is also needed . Mr . Wetzler said that the contours are difficult to plot . Mr . Scannell suggested that a USGS Map could be used and he could inter - polate . Mr . Fabbroni pointed out that it is an existing situation which could be visually observed . Water and sewer are in . Mrs , Holcomb questioned about the sewer being on one line for the barn and the restaurant . Mr . Wiggins said he would check into this matter . Mrs . Holcomb mentioned that there seems to be only one water tap to the restaurant - - and the barn is served as an extension to this tap . There is only one meter . Mr . Fabbroni said he would require a certificate of approval of the plumbing fixtures by the City Inspector . Mrs . Holcomb asked if the present water and sewer hook-ups are acceptable both to the City and the Health Department . soMr . Fabbroni said that he thought that the plumbing will be sufficient . If Mr . Wiggins improves the plumbing , there is no reason for Health Department approval . Mrs . Holcomb referred to Mr . Wiggins ' letter which he presented Town of Ithaca Planning Board ® 5 - April 15 ,4 1975 at this meeting and asked if it referred to both the Town of Ithaca • Zoning Ordinance and Section 281 of Town Law . Mr . Wiggins checked the letter and noted that he only referred to the Town of Ithaca Zoning Ordinance . He amended the letter to refer to both . Mr . Fabbroni stated that he would ask for a statement to the effect that the property would be a single owner with rental of units . PRESENTATION OF A BIKEWAY STUDY DONE JOINTLY FOR THE TOWN AND CITY OF ITHACA AND THE VILLAGE OF CAYUGA HEIGHTS BY A CLASS IN LANDSCAPE ARCHITECTURE AT CORNELL UNIVERSITY . Professor Joe Gentili and several students were present and offered a master plan for bikeways in the City and Town of Ithaca . This project was undertaken by a class in Landscape Architecture at Cornell and done in connection with the Town and City Planning Boards which helped in the funding of the study . Professor Gentili pointed out that there has been a dramatic increase in the popularity of biking across the nation and in Ithaca - in particular . There is a need for more and safer bicycling facilities . The objective of the study was to meet those needs at a minimum of cost . The students were given the entire responsibility of the study and report and he merely acted as a guide from time to time . Mr . Gentili stated that the project started on November 14 , 1974 and continued over two terms . The general direction and objectives were determined and then the design study stage . The whole process led to a technical document being produced and also a smaller more readable document for the general public . Professor Gentili noted that both Mr . Fabbroni and Mr . VanCort participated in several discussions . Questions of law were involved and the determination of where bicyclists are and where they wanted to go . The non -technical document has been published . The more detailed technical document should be ready by April 24th , 1975 . The budget was $ 400 . 00 from the City and $ 200 . 00 from the Town . It has been difficult keeping in that budget . The information base was brainstorming as the first step and then a breakdown into street slopes , origin and destination , rights of way , surface water , natural features , information gathering , use of USGS maps . Then the material was put onto several maps . There was a lot of information but that is what formed the basis for the criteria for the bikeway . Several students commented individually on each facet of the study leading to the final maps of Phase I and Phase II of the implementation of a bikeway within the City and the Town . One student discussed the use of rights of way such as electric line rights of way and abandoned railroad rights of way . Abandoned railroad beds can be used for bikeways since they are usually about 1 % slope and can be paved over . Difficulties arise with their use though because of legal entanglements over liabilities . There are proposed three classes of bikeways -- Class # 3 bikeway consists of signage only ; Class # 2 is designated by lines on the road itself , and Class $ 1 is the designation of an entirely separate lane for bicycles . Street width is an important factor in the choosing of a particu- lar road as a bikeway . Road condition is also a determinant as are shoulder width , traffic volume and parking restrictions . Town of Ithaca Planning Board - 6 ® April 15 , 1975 One student spoke about a user survey which was taken to assess demand . All owners of bikes over 18 years of age who had registered their bikes were surveyed . The bicycle itself is an important factor . A conceptual plan was drawn up showing corridor development with origins and destinations in mind . A preliminary route layout was drawn with lst and 2nd class bikeways laid out , At this point a site inspection was done and then revisions were made to the route layouts . Meetings were held with the City and the Town , The plan then was finalized into a working plan and the class came up with a final master plan or final concept , in two Phases , Phase I and Phase II , Phase II being the final master plan for bikeway : in the Ithaca Area , Phase I is a basic plan and the least costlyo Phase II covers all the needs and would be long -range , including such items as a Ferry from Cass Park to Stewart Park , and a rural extension into Tompkins County . Mr . John Comerford of the Finger Lakes State Parks and Recreation Commission contributed to this larger aspect of the master plana One student spoke on the need for safety education and legal aspects of the implementation of such a bikeway master plan . She felt that there are a great deal of problems in these areas . The laws are inadequate and there is virtually no enforcement of present laws . One student spoke on non- local funding for such an undertaking . The Bureau of OUtdoor Recreation will fund 500 of such a project . The Federal Department of Transportation will pay 75 % of uses in conm nection with all new federal highway aid construction and reconstruc - tion . There is a State Highway Law whereby there is provision for acquisition of1f land for bikeways presently on the books . The DOT does not mention it at all and we do not know why , There now followed a question and answer period . Points were raised and all views were aired . It was stated that walkers are not compatible with bicyclists . It was pointed out that if a bike lane is recommended at 51 what happens with narrow roads such as those in Forest Home , ADJOURNMENT Upon Motion the meeting was adjourned at 10 ° 15 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , cr�r�.,, 1/�� F✓� ro�-� �m�S� —444 441. o ll it.� , ?s� / k x � [, T d ,P� W'IGGINS, TSAPIS, HOLMBERG AND GERSH ATTORNEYS AND COUNSELORS AT LAW 308 NORTH TIOGA STREET WALTER J. WIG61N8 TELEPHONE ITHACA. N. Y: 1485 STANLEY TSAPIS LAURA H. HOLMBERG (AREA CODE 6071 ITHACA AR 3-2040 DAVID B. GERSH DIRK A. GALBRAITH April 15 , 1975 WILLIAM S. SELDIN Planning Board Town of Ithaca 108 East Green Street Ithaca , New. ;. York 14850 I respectfully request that the portion of the premises owned by my wife and me , located on the west side of the Danby Road , Town of Ithaca , consisting of approximately 5 3 / 4 acres as the same is shown on an air map , attached hereto and made a part hereof , be designated for use as cluster housing in accordance with the Town of Ithaca Zoning Ordinance It is my intent that the present use of the existing barn facility will be as follows : ground floor , north side - one 2 - bedroom apartment , ground floor , south side - one 1 -bedroom apartment , 2nd floor , south-,, side - one 1 -bedroom apartment ; 2nd floor , north side and 3rd floor , south side one 1 -bedroom apartment . It is agreed that a separate deed delineating the boundaries of the premises described herein shall be executed and recorded ; that no further development of the premises shall be under- taken without the submission of plans to the Planning Board and appropriate approval obtained from said Planning Board . Verx _ truly yours , WJW : lk Walt er" . J . Wiggins 1 .