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HomeMy WebLinkAboutPB Minutes 1976-07-27 TOWN OF ITHACA PLANNING BOARD JULY 27 , 1976 �• A Meeting of the Town of Ithaca Planning Board was held on Tuesday , July 27 , 1976 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at 7 : 30 p . m . PRESENT : Vice - Chairman Robert Christianson , Sam Slack , Liese Bronfenbrenner , Daniel Baker , Maurice Harris , Lawrence Fabbroni ( Planning Engineer/ Building Inspector ) , ALSO PRESENT : Morris Angell , Bob Andree , Charles Guttman , Alan Goodman ( Ithaca Journal ) , Robert Julian , Sidney Giles , The Meeting was called to order by the Vice -Chairman at 7 : 31 p . m . PUBLIC HEARING : CONSIDERATION OF SITE PLAN APPROVAL FOR VARIETY STORE CORNER JUDD FALLS ROAD AND ELLIS HOLLOW ROAD , PARCEL NO , 6 - 62 - 2 - 1 . 13 . Vice -Chairman Christianson declared the Public Hearing in the above - noted matter opened at 7 .e32 p . m . The Town Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings was duly presented for the record . Mr . Charles Guttman read from the Zoning Ordinance Amendment adopted September 9 , 1968 , referring to the site in question . He stated that this proposal can be approved by the Planning Board as Business " D " or parts thereof as Business " C " . He said that the Variety Store will handle such items as beer , soda , cheese , crackers , glasses , etc . The plan presented indicates future gas pumps and future car wash , Mr . Christianson stated that the original planning concept for that corner was for a full gas station . He said that we went through the whole water situation and the station never did materialize . It had been set aside for gas station purposes with the assumption that a gas station would be necessary for that area and would be an asset to that area , Mr . Christianson stated that the Planning Board had some questions as to when the gas station would be tied to the beverage center and some comment about referring to it as a variety store which it is not . Mr . Guttman stated that one of the questions raised was that there are vacant stores in the Plaza . He stated that there is a lease with P & C which says that only the P & C can sell beer . Therefore , it would not be possible to sell beer in another store in the Plaza itself . He stated that it would be economically feasible to go on with the gas sta - tion after the beverage store becomes viable . Mr . Guttman said that Mr . Elkind owns this particular parcel - - he was a principal in Kennilworth , Utica Savings Bank manages it now . The Barnes ' property is still as it was . Mr . Christianson stated that it is fairly standard to have that kind of lease whereby the P & C would specify that there not be beer and ale sold elsewhere . Mr . Christianson asked Mr . Fabbroni if he knew of any legal problems with this proposal . Mr . Fabbroni stated that the Planning Board is more familiar with this corner than he is . Mr , Christianson asked if there was anyone present who wished to speak on this matter . No one came forth . Mr . Christianson stated that the Board will now turn Planning Board - 2 - July 27 , 1976 to the site plan , ® It was noted that there are two entrances proposed , Mr . Fabbroni stated that outside storage should be regulated . Mr . Bob Andree , Texaco distributor spoke to the matter and stated that since 1972 various oil companies have looked at this site . They have all backed out . They did not feel that a full service gas station would be viable for this site . Nobody feels that the expense of a full service gas station is warranted yet . However , a self - service in connec - tion with a store in many communities like this size have done very well . The market is changing considerably . Many people are willing to serve themselves . Full service does not pay . We are considering going in there with Morrie if this is approved . This type of thing also in combination with a car wash seems to be going well . Mr . Christianson asked if Mr . Andree would have any relationship with the potential car wash ? Mr . Andree said that he would not be in - volved with that , Mr . Angell stated that the car wash is doubtful at this point . The cost is prohibitive . He said that if the Board wanted to scratch the car wash he would be perfectly agreeable , The store would have beverages and related fields such as cheese , glasses , crackers , etc . There would be no service bay with a lift . It would sort of be in between mini - service and full service . There may be an attendant who would check your oil , tires , battery , water , etc . Mr . Slack asked if they were sure that there is no chance for going into the present shopping center ? Mr . Angell stated that Stewart Knowlton says that he has plans for the FBC building - an inside Mall . Mr . Slack stated that from the standpoint of planning , all of us had high hopes of it being an asset to the community , but to construct more causes us a little bit of concern , Mr . Angell said that anything that goes in there will attract more people to the Plaza . Mr . Guttman said that there is no possibility of putting a beverage store in the Plaza . Mr . Slack said that he is not sure of how much more growth there is in that area . Mr . Harris said that he shares the same concerns as Mr . Slack . Mr . Slack said that another thing that concerns him is that this is a very busy corner there and we are not sure where the road is going to go . There are five points of egress within 150 - 200 yards , A discussion of ingress and egress followed , Mr . Christianson said that he did feel strongly that Mr . Angell ° s loop approach is one more hazard at a hazardous intersection . He noted that the Planning Board asked him to consider an entrance on the Judd Falls Road and not having an entrance on the Ellis Hollow Road , Mr . Guttman stated that the plan shows a 45 ° entrance on Judd Falls Road . Mr . Christianson asked if the whole project would be possible if that kind of restriction were put on it - - i . e . , a loop around the building ? Mr . Angell said that it would be impossible . Mr . Slack asked if it would be possible as an interim thing before the gas station ? Mr . Angell stated that since the time of the last meeting he has Planning Board - 3 - July 27 , 1976 conferred with Mr . Andree and they think it possibly can be worked out to have the gas station and the variety store go in simultaneously . Mr . Slack stated that he thinks the appearance of the corner is important . He would like to see plantings , etc . Mr . Angell said that he could not see anything more than 2 ° high low lying shrubbery , etc . Mr . Slack said that he meant back into the property , Mr . Angell said that you would want complete visibility around that whole corner . Mr . Harris commented that otherwise you would have another Hanshaw Road type corner . Mr . Angell said that as to landscaping around the building , he could not see that there would be any . He said it would probably be black- topped up to the shopping center . He said it would be a concrete type building or steel with a mansard type roof with shake shingles and a canopy . Mr . Christianson stated that in this case , whatever Mr . Angell ° s decision , it results in a recommendation to the Town Board , Mr . Angell said that complete plans would be presented at the 9th of August meeting to the Town Board , Mr . Slack thought that that was not quite right the Planning Board sees the final site plans , do they not ? Mr . Fabbroni said that that is their prerogative , but it can go to the Town Board now , Mr . Christianson agreed and stated that he would like to see grass in that corner - - Ellis Hollow and Judd Falls Roads - and he would strongly like to see covered storage , fencing , etc , He said that the Planning Board would like to see the provision for secluded storage . • Mr . Angell stated that there was no problem , he would be glad to go along with that . Mr . Slack said that he would like to see a well - kept grassed area on the front , but the back lines of the property should be landscaped . MOTION by Mr . Sam Slack , seconded by Mr . Maurice Harriss WHEREAS , the Planning Board of the Town of Ithaca at their meetings of July 13 , 1976 , and July 15 , 1976 , discussed in detail the preliminary plot plan for a variety store for the sale of discount beverages and related party goods , a future mini - gas station , and a future car wash , as proposed by Morris Angell to be located at the corner of Judd Falls Road and Ellis Hollow Road in a Business " D " zone with permitted Business " C " uses , and WHEREAS , said Planning Board held a Public Hearing , duly and properly advertised , in the Town of Ithaca Offices , 126 East Seneca Street , on July 27 , 1976 , for the purpose of the consideration of site plan approval of said proposal , NOW , THEREFORE , BE IT RESOLVED , that the Planning Board of the Town of Ithaca approve and hereby does approve said plot plan for the Angell Development , corner Judd Falls Road and Ellis Hollow Road , as presented to said Planning Board at said Public Hearing on July 27 , 1976 , by Mr . Morris Angell and Mr . Charles Guttman , minus the future car wash as ® shown on said plan , and contingent upon the development of the mini -gas station simultaneously with said variety store , and further upon the following conditionss 1 . That an entrance or exit on Judd Falls Road or an entrance or exit on Ellis Hollow Road be one or the other but not both in order to Planning Board - 4 - July 27 , 1976 provide a one -way flow of traffic ; 2 . That said entrance and exit drives be narrowed down to accommodate such one -way flow subject to County Highway Department approval of said entrance and exit drives as to size and drainage ; 3 . That trash and general storage be totally enclosed and screened ; 4 . That the unpaved area of said Angell Development at the corner of Judd Falls Road and Ellis Hollow Road , behind the planting area shown on said plot plan , and indicated as being gravel , be grassed and properly maintained . There being no further discussion , the Vice -Chairman called for a vote . Aye - Christianson , Slack , Bronfenbrenner , Baker , Harris . Nay - None . The MOTION was declared to be carried unanimously . PUBLIC HEARING : CONSIDERATION OF FINAL SUBDIVISION APPROVAL OF THE GILES PROPERTY , EAST KING ROAD , PARCEL NO . 6 - 49 - 1 - 21 . 2 . Vice -Chairman Christianson declared the Public Hearing in the above - noted matter duly open . The Town Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings was duly presented for the • record . Mr . Christianson stated that this involves a piece of land that was originally a farm . The farm was subdivided into several parcels within the family unknown to the Town . MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . Daniel Bakero RESOLVED , that the Planning Board of the Town of Ithaca grant and hereby does grant Final Subdivision Approval to Laura Giles for the Giles property , East King Road , Parcel No . 6 - 49 - 1 - 21 . 2 , with the stipulation that no further subdivision be made without coming to the Planning Board of the Town of Ithaca . The final subdivision approval hereby granted is for a five - lot subdivision . Mr . Fabbroni stated that all the property owners must be apprised of the fact that any future subdivision must come before this Board . Mr . Fabbroni instructed Mr . Sidney Giles as to any future subdivision require - ments . Mr . Harris asked for a little more background on this matter . Mr . Christianson stated that this large farm on East King Road has been broken up and sold to various members of the family , and some parcels have been built upon . He said that the Board is making this legal at this point , He stated that there were no objections to this total subdivision of • five parcels . There being no further discussion , the Vice -Chairman called for a vote . Planning Board - 5 - July 27 , 1976 Aye - Christianson , Slack , Bronfenbrenner , Baker , Harris . Nay - None . The MOTION was declared to be carried unanimously . SIGN APPLICATIONS . 1 . John C . Lowery , Inc . 969 East Shore Drive , Mr . Fabbroni stated that Mr . Lowery is asking for two signs in the two locations noted on the Sign Permit Application , and according to our requirements of the Sign Ordinance they _ are in conformity . MOTION by Mr . Sam Slack , seconded by Mrs . Liese Bronfenbrenner : RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board approval of two signs for John C . Lowery , Inc . , 969 East Shore Drive , Ithaca , N . Y . , it being shown on the application that said signs conform to the requirements of the Sign Law as the Planning Board understands it . Aye - Christianson , Slack , Bronfenbrenner , Baker , Harris . Nay - None . Carried unanimously . 2 . RiteAid Pharmacy , East Hill Plaza . Mr . Fabbroni stated that RiteAid has erected a new 33 . 67 sq . ft . sign on a 50 linear foot building which meets the requirements of the Sign Law . This sign replaces a 132 sq . ft . sign , MOTION by Mr . Daniel Baker , seconded by Mr . Sam Slack : RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board approval of the sign applica - tion for RiteAid Pharmacy in the East Hill Plaza . Aye - Christianson , Slack , Bronfenbrenner , Baker , Harris . Nay - None . Carried unanimously . 3 . Hub ' s Place . Mr . Fabbroni stated that this business has been approved by the Zoning Board of Appeals for a special use on a special permit basis . MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . Sam Slack * RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board approval of the proposed • sign for " HUB ' S PLACE " , 1319 Mecklenburg Road , Ithaca , N . Y . Aye - Christianson , Slack , Bronfenbrenner , Baker , Harris . Nay - None . Carried unanimously . Planning Board - 6 - July 27 , 1976 DISCUSSION OF NORTHEAST PARKS . ® Mr . Robert Julian , 203 Salem Drive , was present for this dis - cussion . Mr . Christianson noted that at the last meeting of the Planning Board , July 15 , 1976 , we discussed the staging on the park site plans for the Northeast area . Referring to the Tareyton Road site , Mr . Fabbroni discussed the background of this proposal and described the discussion from the July 15 , 1976 , meeting . He referred to the Petition received for tennis courts and described again the costs that may be involved . Mr . Julian stated that there seems to be some talk that there is enough recreation sites in the Northeast area . He stated that this is not really true . He noted that there is the Northeast School , but stated that there is a real lack of recreation areas for older people . He said that it was his opinion that for a densely populated area there is not very much in the way of recreation areas available . He stated that the Northeast could certainly use a couple of tennis courts . The possibility of the Planning Board making a recommendation to the Town Board was discussed . Mr . Harris stated that one thing bothers him - - Mr . Julian indicates that the tennis courts would be for the adults . He stated that he has always felt that these playgrounds were for the children . Mr . Fabbroni stated that the recreation in the park sites would be for the older people and the very young , and the Northeast School takes care of the children . MOTION by Mr . Sam Slack , seconded by Mrs . Liese Bronfenbrenners RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board of the Town of Ithaca that the park site plan for the Northeast Ithaca area , known as the Salem Drive site , be considered for implementation or construction as soon as possible with consideration being given to community input as far as the proposed pond is concerned relative to their concerns for child safety . Aye - Christianson , Slack , Bronfenbrenner , Baker , Harris . Nay - None . The MOTION was declared to be carried unanimously . The preparation of a motion in connection with the Tareyton Road site was discussed in relation to the sand box area , tennis courts , pav ' llion without rest rooms , paths , basketball court and later develop - ment of the rest rooms . ® MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . Sam Slack : RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board of the Town of Ithaca that the park site plan for the Northeast Ithaca area , known as the Tareyton Road site , be considered for implementation or construction , depending Planning Board - 7 - July 27 , 1976 on finances , to be so developed in stages , the first stage being the sand lot and the tennis courts , the second stage being the basketball • court , the third stage being the pavillon and paths , with the bathrooms to be developed at some later stage , Mr . Julian stated that he is speaking in favor of the basketball court being of higher priority than the pavilions There being no further discussion , the Vice -Chairman called for a vote . Aye - Christianson , Slack , Bronfenbrenner , Baker , Harris . Nay - None . ADJOURNMENT , Upon Motion , the Meeting was declared to be adjourned , Respectfully submitted , Nancy Me Fuller , Secretary , • - 1 AMDAWT OF POSTING TOWN CLERK ' S OFFICE ITHACA , N . Ye I Edward L . Bergen being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York , that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) Notice of Public Hearings of the Town of Ithaca Planning n , eneca Street ( second floor ) , Ithaca , N . Y . • at the following .times and on the following matters : 7 : 30 p . m . Consideration of Site Plan Approval for Varietv Stor of Judd Falls Road and Ellis Hollow Road , Parcel No . 62 - 2 - 1 . 13 . 8 : 00 p . m . 1 ' Consideration of Final Subdivision Approval of the Giles* propert East Location of sign board used for posting : Entrance to Town nf ; =os 4 4 at 126 E . Seneca Street , Ithaca , N . Y . Date or posting : July 20 , 197 6 r ' Date of Publication ; July 22 , 1'97 6 .� ».....�- -•..ter.. »..✓ Edward L . Bergen , Town Clerk , . Town of Ithaca Y , State of New `lorlt SS ' .� Coun�cy o Tompkins , ; r2ovin of Ithaca a � 19 76 . Sworn to before me this 27th r3ay oP ' Ju . V ��� NOTARY GERTRUDE H. BERGEN. Notary Public, State of New York No. '55-5278725 ' L , Qualified in Tompkins County :c Term Expires March 30, 19 * , r Thursday, July 22, 1976 ITHACA JOURNAL 23 50 Nouse: fa Legal Notice. 50 HousesforSole ' 50 Nousesfor3ale - - -- _ ti . - auG�_�au TOWN OF ITHACA _ _ NOTICE OF PUBLIC BOARD 27. 1976 JULY HEARINGS r . _ By direction of the Chairwoman of he Planning - Board. NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Planning Board of the Town of Ithaca on Tuesday. Jolt/ 27, 1976, in Town Hall 126 East Seneca Street (second floor), Ithaca, N. Y. , at the following times and on the following matters: �7:90 P.M. Consideration of Site Plan Falls Road and EII s�Hol ow. Road,corner, Judd No. 62-2-1.13. Parcel ! 1 bonConsideration of Final Sub. division Approval of the Giles property East King Road, Parcel No. 49-1.21.2Mani . and said place he Boar alld will at said times • sue hmattersorob ' personsin supPort o( may a enc(objection (her son. ersons pe by agent or in person. w, Edward L. Bergen TClerk Dated: July 20, 1976 o n of Ithaca t Joy 22, 1976 • • TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS JULY 27 , 1976 By direction of the Chairwoman 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 , July 27 , 1976 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters : 7 : 30 P . M . Consideration of Site Plan Approval for Variety Store corner Judd Falls Road and Ellis Hollow Road , Parcel No . 62 - 2 - 1 . 13 . • 8 : 00 P . M . Consideration of Final Subdivision Approval of the Giles property East King Road , Parcel No . 49 - 1 - 21 . 2 . 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 . Edward L . Bergen Town Clerk Town of Ithaca Dated : July 20 , 1976 Publish : July 22 , 1976 4 i. .'.).Y, >'f to 40 M 'Fh ' ♦• HT1 t w V -1 ♦ `• f•� ♦ ' •:� , C' {_ A . . - �,{{,' r� • '• NY ♦a ,( '•1 _ ; ., t \.>- ♦ A- - - � - �N- . �. ' `a ♦J '• _l ;. A• .•' -Y i h, .Jl! 1 )• •i •I,• ,'ti:tbp i•� . Vote f ••L y. 'O.'J`yt �r2•t`Ji'a _ .�� I, _ N . . -1�y •�. • �� f �' �.• �. �-] r =aae,'i •:. .w•1 ,'• `s�I r: ' f' .1 �'}.- •'. a !" . :}17:•.:'. ? w. . .lo j C... -i. for w+ f ' TT + t '.•.. .r+ft. yx_ .Y _ It `• f . .. • 1 �_ ♦ .f t:- Gl • �_, • ;••. a • j.�. -� •: ..` ;�_ '.``- � If. L � -�, �" f,.'t. '-� 1t / �lh� �'+/ l �� D. , �t� '_ f.• . , :� � a d ; i . . •r' . 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'�""� r._1' .4. � 6 � 1 ..�� .�•:' - 'a �. .. . ,T �4 T..+/� 'j T.' • ': ♦ �' � 1 • �' ' • . • , . I \ - i :V' ij� y t do 41 Ir11i, + ' , � . .61 • r • t , . . a - r. {:� y • ► Y . ' 7/ a wSo .. . •F• 1/, f .: n r . r . i ' t T �_ :�4 a .I od V. t , a. t '�r' O r�►.� !'•�: - LT' �1rgoo • fV• +_♦ • 1 • .� � . 46 tow .. w _ - • _� _.._ _' 1. 7. . .-a S2 ' ,ri• _ EXCTPT THAT TRS FOLLOWING DESCRIBED 2 , 65 Acres of �w said parcel is hereby established as a Business . "D " District , to the; . extent only that .the Town of Ithaoa Planning .Board .shall a hereafter , pursuant . to . Seo. tion 4. 6 ( a ) of th® Zoning Ordirianae , upon r . .: a applioation ; - therefopprove a speoified : Business "DO - use l devey meat in y development; . • particular, -part ( s ) thereof ( say part ( s ) not ® o approved for or devoted to s Business "D " use . to meantime oon- i< Iz;el F stitute zone ( s ) for permissible Business " C " uses ) , ' this excepts parcel being particularly desoribe4 as follows ; . :. : g ` B• Beginning at the point of . intersection of the '1 h center line of the Judd Falb South Road with the center line of .the Ellis Hollow Road - • and sunning thence northerly and northwesterly along the - . center line of said Judd ' Palle South Road 549 : 5 feet to a point which 315 feet southeasterly ' : L along said highway center line the . northop west c= orner of the Stephen W . - - Barnes property ; - thence north • 780 east 184 feet to a -.Point ; : thence x`. '+i3.auth-- 120 east , at right angles . to . the last mentioned ' course 520 - feet ' more or less to . a point , <' •theri�ce : tb 34b a8 ' IIwest . l80 : feet more .or iese to a point in the center line of the ; Ellie' Hollow Road , such course Pass through pip• a pin set in the northerly line of said roadway ; sthence north 580 . 521 west : along the center line s; of the Ellis' Hollow Road ' 154 . 85 feet to the point of beginning ; • oontaining : 2 , 65 .Acre ® more Ilk or less . j FURTHER , in the event that the 'southerly . portion of ! i Judd Falls Road South is hereafter reiocsated .vesterly • .$o 4 •a more t nearly , right ale- . -or otherwise _improved n- tersection Vith Ellis ;r Hollow $oad , , -;as reo mended 0, sesultixig - ins gore I land between the west line •of this rezoned !property. ;.and such - realigned road , 3 the Business "D " . . District hereby. created ; subject to.. ..Business " C District utilisation , as aforesaid , shall be automatically ex- tended wesierly .,to such . realigned :road . upon receipt by . the_ . .,Town . • L X' Clerk of a written ' consent .thereto from the owner . of , , such re sultant gore of land , rthQ intention hereof being . to maintain suc Business `"D�' District • adjacent - to said road ; but . anvy. . d®4elopment thereon ' hall • also be subject to P r ; , s 3 lanni Board .• approval ,ander Section 46 ( a ) "of the Zoning Ordinance 1 . •I Id • s4 - THIS ATDT -shall take affect ten .( 10 ) Asys after .,. the ost and blication hereof as re aired Sect 2 . . ing 3ru q . by ion 65 of kF the ,Town Law. ( B ) AICD BE _IT 7UR.THM RESOLVED , that the foregoing ' isolution shall constitute the Ordinance necessary to establish Y Y � 1 t Imp d NOTICE AMENDMENT TO ZONING ORDINANCE .; Adopted September 99 1968 ; i 3 ! Effective October 2.1 , 1968 el ; I1 Take Notice that the Zoning Ordinance and the Zoning Map lof the Town of Ithaca are amended as follows : ` The following property is rezoned from R - 30 to Business " C " with the exception of two separate parcels under 1 acre each , which would become Business " D " Districts . i The western 273'2 acres or so of land owned by S . W . Barnes ` located at the northeast corner of the intersection of F M '! Judd Falls Road South and Ellis Hollow Road . E By Order of the Town Board . Phoebe Bartholomew Deputy . Clerk .10/ 21/ 68 �. f it i `j