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HomeMy WebLinkAboutPB Minutes 1977-04-19 — ' — PA r • : ' •: . 11 - i � • i - - - - - - - 11 • IF M Erg • - IF ' • . • • • • .SMI - . _ .__ ..._ • • • .a_crs._ .._._ ._--. .._..:.. _. ... . .. .... .. .. . ..—. . . -. _.._ .._._ . ._ _ __ . - _ . _ _ WOMM 11 _ ,, � � .� w T ': t� �...� 4 :. I. .- f i; :' L ix • kiz < c r i �.] r Wednesday, April 27, 1977 ITHACA JOURNAL 13 A rather lofty dream comes true By ALAN GOODMAN People have not been the only occupants of the family decided to maintain the white house He is proposing the development y Y the barn in years past. They have shared barn as a summer home, said Monkemeyer. The p p° g e elopment of a"business Evan Monkeme er and his Tamil have seen park" in that area — consisting of a number a lot of barns come and go over the years on space with cows, horses and hay, barn, meanwhile, continued to be used for of free-standing businesses. South Hill. studio purposes — as well as for the family's . . . But the young developer/landowner has come In fact, the barn first operated in the 1940's horses. There is still work to be done. But the up with a novel way not only to preserve his as part of a dairy farm operation. Then the family decided to spend its sum- renovation work has already produced seven century-old structure, but also to bring it up- Monkemeyer's father,Herbert,both worked on mers im Ithaca in a cottage behind the white multi-level studios what spectacular views. to-date. the farm and maintained a law practice. And house, which was rented out to tenants, said The answer: develop a place where people his mother worked on it and in it, remembers Monkemeyer. In the process,Monkemeyer says he has tried in the arts can live,work,display and sell their their son. The family, meanwhile, lived in a to preserve the beauty of the old barn — its work; what Monkemeyer calls"an art colony." little white house in front of the barn,near King At the same time, studio space im the barn axe-hewn beams,the old hay track and carrier. Of course, this creative idea is not lacking Road. was gradually expanded. When Mrs. In addition, agricultural implements of yes- in inspiration. During those childhood days, Monkemeyer Monkemeyer died last year,the family decided to ear are on dis la remembers, several people in the arts used to to modernize the building and further develo ry p gallery along with paintings Lenora Rousseau Monkemeyer, the young p in the central an atrium 35 feet in man's mother, chose the big red hip roof barn come during the summers as guests of his the studios as a memorial to her, said height with "flying staircases" and interior on Danby Road (1059) as her own art barn in parents. They may have been outstanding pro- Monkemeyer. studio balconies. the 1940's. The young developer's sister shares fessionals, he now says, but they were simply This work is all toward the young man's the family's interest-in the arts—Lenora Ann friends to him. dream of "an art colony," a lively, cultural The gallery is available to both the resident Monkemeyer, is a dancer and pianist. And center that will draw young people in the arts artists and to the general public, although the several of the family's guests over the years The list of notables includes Leo Rybb, the from all over, and where there will be regular residents get first crack at it, said have included people in the arts, includin first violinist with the New York Philharmonic; art shows. g Mildred Sherman Haight of the Auburn fine arts Monkemeyer, who also serves as executive re members of the New York Philharmonic. Evan Monkemeyer has carried on this tradi- center, and one of the state's leading portrait There have been other barns converted for director of the art studios. tion and expanded upon it to make the barna painters; and Barry Lieberman, one of Long residential use,Monkemeyer notes,but nothing An open house and the first in a series of place to live as well as work. This he views Island's outstanding painters and head of an art in the area like his concept. art shows is scheduled for noon to 10 p.m. on department in a Long Island school. The young developer also sees his project as Saturday and from noon to 4 p.m. on Sunday as beneficial to the artists and to the communi- ty, and a sign of things to come. the artistic focal point of any further develop- in the gallery. Several area artists are to bf The farm operation ceased in the 1950's,and ment on the large plot of Monkemeyer land in this weekend's show, including the studio': near the Danby Road-King Road intersection, artistic director, Kathleen Ruckdeschel. ftde their three- level ` studio/apartment, are David Lederman(left) and Mark Kamins. Photo by Larry Baum. � r.. finger lakes � a I � '7Y e a a IM[ounday, I'Mlayg']C]EIIA�A ,�®� Rzmneiro q ® ec� � mIlyed deve, The Town of Ithaca Planning Board ,velopment is not currently permitted about 18.5 acres of R-30 ( residential ) land 1Tuesday will again consider a proposal to under the town zoning ordinance, and in that area to business "C' He intends ALBANY ( AP ) combine commercial and residential de- Monkemeyer is seeking to rezone mostly to build a "business park" here consisting after the state begi velopment on South Hill. commercial property near the intersec- of free-standing businesses. York' s power compa A public hearing has been scheduled for tion ,to a. mixed " F" use. The board will also consider signs for tion of generating pl 8 : 30 p.m. on the project, which would Monkemeyer is also seeking to rezone Beaujolais Cafe on Elmira Road and for i plans to do so are include a shopping center, multiple resi- dence housing, business development and a bike path. The board made final approval cont7 . urgent on a few conditions when it con- sidered Evan Monkemeyer's proposal last month. These included approval by the town jJ@Wey of a zoning ordinance amend- that would permit the project to D _ on Monkemeyer family land near the intersection of King and Danby roads. Mixed commercial and residential de TOWN OF ITHACA PLANNING BOARD TUESDAY , APRIL 19 , 1977 The Town of Ithaca Planning Board met in regular session on Tuesday , April 19 , 1977 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , NY , at 7 : 30 p . m . PRESENT : Chairman Liese Bronfenbrenner , Montgomery May , Eva Hoffmann , Jonathan Bradley , James Baker , J . W . Reece , Lawrence P . Fabbroni , Town Engineer . ABSENT : Henry Aron , Frank Paolangeli . ALSO PRESENT : Clark Ingraham , Ivar Jonson , Charles Currey , Robert Williamson , Raphael Pumarada , County Board Representative Beverly Livesay , Maurice Dusky , Mr . & Mrs . Herbert Monkemeyer , Attorney David B . Gersh , Sharon Staz , Rhea Whitlock , Edward A . Whitlock , Edward J . Barnett , Susan Williams , Evan N . Monkemeyer , Stewart Knowlton , John Jarrett ( WTKO ) , David J . Stolz , Joe ( ? ) Hagerty ( WHCU ) , Marty Newhart , Bob Johnstone ( ? ) . Chairman Bronfenbrenner opened the meeting at 7 : 30 p . m . S / TE )0Lflny PUBLIC HEARING : CONSIDERATION OF FINAL APPROVAL OF PROPOSED MULTI - FAMILY DEVELOPMENT ON EXISTING MULTI - FAMILY DISTRICT BEHIND ELLIS HOLLOW APARTMENTS , BY IVAR JONSON , TAX PARCEL NO . 6 - 62 - 1 - 1 . 122 . Chairman Bronfenbrenner declared the Public Hearing in the above - noted matter duly open at 7 : 30 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing on April 13 , 1977 , and April 14 , 1977 , respectively . Mr . Ivar Jonson showed the plans that were presented at the last Planning Board meeting and indicated the changes in said plans and how they met the requirements of the Planning Board set forth at the April 5 , 1977 , meeting . He described the landscaping . He noted that more elevations for flood control and grading were shown , as well as contours . The slope on the access road was changed to 5% . Mrs . Bronfenbrenner stated that she had received calls and comments on the road situation and commented that three driveways would not matter at this point , but when it becomes a County road it could be a serious problem . Mr . Jonson pointed that there were three roads and now two are shown and they are interior roads . Mr . Fabbroni stated that there has always been a difference of opinion as to what this circumferential road will be . The community has wholeheartedly come out against what the County had submitted . He noted that this road will be very similar to any Town road , and suggested that as a Planning Board they would not want several accesses . Mr . Fabbroni e commented that it is a Utopian view to think that you are not going to have a road that nothing ties into . He pointed out that this is virtual- ly a landlocked parcel and it would be very difficult to provide just one access . Ile stated that he definitely differs in opinion with the County people . Planning Board - 2 - April 19 , 1977 Mrs . Bronfenbrenner stated that the County has feelings that now is the time to meet the County standards which are higher than the Town ' s . - Mr . Fabbroni disagreed with the point technically and noted that this has been discussed at the Town Board level where the point was made that those provisions that were made for a highway facility were really up to the County and the Town to discuss . Mr . Fabbroni commented that as long as the base is well drained , the provision for traffic can be made , that is , adding a thicker pavement . He added that the thicker pavement is necessary to faster moving traffic . Mrs . Hoffman noted that there are four driveways shown coming off this road . Mr . Jonson stated that there were five and they have removed one to make the four . There was discussion of making three entrances rather than the four . Chairman Bronfenbrenner asked for comments from the public . Mr . Robert Williamson , attorney for Eastern Artificial Insemination Co - Op , asked how far the proposed dwellings are from the Breeders . Mr . Fabbroni indicated on the map that they are at least 800 ' presently , and about 350 ' from the Breeders ' new proposal for extension . Mr . Williamson stated that the Breeders have applied to the Town for an additional barn facility for 50 bulls . They have presently 261 bulls on site and are requesting additional barns for 50 more bulls . He noted that the Breeders have been there for about 30 years under an arrangement with Cornell University . He noted that , as he has said here before , when they dis - cussed the arrangements with the Depot Restaurant which is being con - structed , he wanted to point out that they have a close cooperation with the New York State College of Agriculture and around the world . They are concerned with the impact of their facilities with any proposed develop - ments . Their facilities and fencing have been such that there have been no injuries , etc . , from their facility . If there should be any concerns from the neighbors about odors , he wished to point out that they have been there almost 30 years and do not want anyone to claim no knowledge of odors . Mr . Fabbroni noted , as a point of information , that the proposed development would be 350 feet away at the closest and 1 , 400 feet from the Breeders as the farthest . Mr . Williamson continued and said that the Breeders do not want any developer to come back later and state that they are a nuisance . The Breeders employs 85 people and have an investment of over $ 1 , 000 , 000 . He stated that he hoped that the Town Board , the Planning Board and the Appeals Board will consider all of these things . Mrs . Bronfenbrenner asked if any of the existing facilities have ever complained about the Breeders . Mr . Williamson replied that none have to his knowledge . • Mr . Stewart Knowlton stated that his shopping centre is their closest neighbor and added that everyone should have such good neighbors . He stated that he has received no complaints about the Breeders ' facility . He said that he would think that this development would create no future problem , nor would the Breeders create any future problems . Mr . Knowlton Planning Board - 3 - April 19 , 1977 expressed his approval of the Jonson project . Mrs . Hoffmann asked if all the changes were incorporated . Mr . Jonson stated that they were . Mrs . Hoffmann asked if Mr . Jonson had any of the information about the units that he was going to build . Mr . Jonson stated that the three - bedroom units would be 1 , 100 sq . ft . and the two - bedroom units would be 900 sq . ft . He added that he did not have the specific numbers of each unit yet . Mr . Reece stated that he thought the Board needed a summary of the driveway situation . Mr . Jonson stated that he will have that for the next meeting of the Town Board or the Planning Board . He said he will be working it out with Mr . Fabbroni . He noted that they meet all the requirements . Mr . Reece asked what the spacing would be if there were three ? Mr . Jonson said about 400 feet . is Mrs . Hoffmann asked if a row of arbor vitae / sufficient ? Mr . Bradley stated that there are probably better choices than arbor vitae as they will not be very thick and that other trees would lend themselves better . He noted that staggered plantings , i . e . , 6 feet to 8 feet , is not un - reasonable . Mr . Maurice Dusky , manager of the Ellis Hollow Elderly Housing , stated that he was very concerned about the separation of the two . projects . He said that this separation must be done properly . He said that he was concerned about the walkway because it is going right through the road that is the entrance way to Mr . Jonson ' s project . He said that his residents will be walking across there and so there should be an indication of pedestrian crossing and walkway to the P & C for the elderly . Mr . Dusky said that he was not opposing the development but that he wanted to make sure these points were taken into consideration . There being no further comments from the public , Chairman Bron - fenbrenner declared the public hearing closed . Mrs . Hoffmann stated that she would like to see another alternative for parking . Mr . Bradley stated that he felt that the Board should give Mr . Jonson a much better idea of what it wants . Mr . Fabbroni stated that there are two primary considerations : ( 1 ) the volume on any one driveway ; ( 2 ) separation that would allow good geometries along this road . Mr . Bradley noted that there are essentially three main driveways ; the fourth one only serves four units . Mr . Fabbroni stated that he objected to the County proposal for one main access and internal road . MOTION by Mr . J . W . Reece , seconded by Mr . Jonathan Bradley : RESOLVED , that the Planning Board of the Town of Ithaca grant and hereby does grant finalZY approval to the proposed Multi - Family Development on existing Multi - Family District behind Ellis Hollow 57/ , A e. f /a b, Planning Board - 4 - April 19 , 1977 Apartments , Ivar Jonson , Developer , Site Plan entitled Ellis Hollow Multiple Family Housing , dated March 31 , 1977 , revised April 15 , 1977 , Town of Ithaca Tax Parcel No . 6 - 62 - 1 - 1 . 122 . There being no further discussion , the Chair called for a vote . Aye - Bronfenbrenner , May , Bradley , Baker , Reece . Abstain - Hoffmann . Nay - None . The MOTION was declared to be carried . Chairman Bronfenbrenner asked that the record show that no one appeared in opposition to this proposal . PUBLIC HEARING : CONSIDERATION OF PRELIMINARY APPROVAL OF PROPOSED MULTIPLE- FAMILY / COMMERCIAL DISTRICT IN NORTHEAST QUADRANT OF DANBY ROAD ( ROUTE 96B ) AND KING ROAD INTERSECTION . Chairman Bronfenbrenner declared the Public Hearing in the above - noted matter duly open and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing on April 13 , 1977 , and April 14 , 1977 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon twenty - four neighbors surrounding such proposed district . David B . Gersh , attorney for Evan Monkemeyer , appeared before the Board and noted that this proposal was introduced to the Board on March lst , 1977 . He presented the Board with a site plan drawn by William Downing Associates , Architects , Project #77 - 489 , dated 4 / 13 / 77 , and titled Land Use Plan , Mr . Gersh stated that the proposal is on a farm that has been in the Monkemeyer family for many years and commented that Mr . Monkemeyer was born and raised there . He pointed out that Mr . Monkemeyer is the developer and builder of " Springwood " on East King Road , a significant asset to the Town , and demonstrates the kind of integrity that Mr . Monkemeyer has . Mr . Gersh stated that with this project , Mr . Monkemeyer is proposing something rather progressive that could become , perhaps , a model for other areas in the County and perhaps the State - - a mixture of residential and business uses . He stated that we all have seen the catastrophe that results when a shopping centre bases its livelihood on an anchor tenant - - if that tenant goes out , the whole shopping centre goes down . Mr . Gersh stated that the proposal involves residential uses over some of the stores in the commercial areas ; parking * back from the centre ; green areas , architecture radically different from the " usual " shopping centre ; a residential look rather than a business look . Mr . Gersh stated that this would involve the creation of a new Business District which they would call " Business ' F ' " ,, Mr . Gersh stated that they have discussed this with Mr . Buyoucos , the Town Attorney , Mr . Monkemeyer now spoke to the Board and stated that the total acreage involved in this proposal is 29 . 9 acres . He described that a parkway will take vehicular traffic off the parkway and secondary roads and circulate the traffic through the area , indicating on the plan cited above . Ms . Sharon Staz asked from the floor if just the shopping centre is being asked for now - - and the housing later ? Mr . Monkemeyer replied * insert the words " through the " . Planning Board - 5 - April 19 , 1977 in the negative , adding that he is proposing a re - zoning . ® Mr . Gersh explained that the 700 ' x 500 ' corner area is presently zoned Business " C " and the rest is R - 15 , and that the total including the business park development is 29 . 9 acres . He pointed out that the area inside the circular road is proposed for the " Business ' F '" zone and the remainder of the 29 . 9 acres is proposed for Business " C " . Aerial photographs were shown displaying the extent of land that the Monkemeyers own . Slides were presented of Reston , Virginia , where a similar type of development was built in the late ' 60s with residences over commercial premises and a shopping centre mixed in , with walkways and bicycle paths included . He described it as a center for the neigh- borhood , with offices for professional persons also included . Mr . Monkemeyer proposed protective covenants for the development of the business park . There would be a minimum and a maximum to the community shopping centre . He noted that the shopping centre area as depicted is very preliminary and is just to show the possibilities . He noted that the final site plans would be submitted for approval of course . Mrs . Hoffmann stated that she did not quite see how people in that neighborhood would support such extensive shops such as clothing stores , donut shop , deli , etc . Mr . Monkemeyer agreed , but pointed out that , as he had stated , this was shown to indicate the possibilities . He also pointed out that there does presently exist the entire Ithaca College campus , the King Road residents , and the Danby Road residents . He reiterated that this is setting the stage for what is going to come . Mrs . Bronfenbrenner asked if Mr . Monkemeyer felt that his project is within walking distance of Ithaca College and added that she did not . Mr . Monkemeyer stated that it is two minutes driving and that the kids do have bicycles and they do walk . Mr . Gersh stated that the covenants which will be part of the entire proposal will also help to keep the project at a very high calibre . He added that the restrictions are more restrictive than the Town zoning ordinance . He also pointed out that the lot coverage is less than the Town ordinance permits , and the density is more restrictive . He stated that these restrictions when in final form will be recorded in the County Courthouse , and every deed will be subject to these restrictive covenants . Mrs . Bronfenbrenner asked if these documents hold up in the courts . Mr . Gersh replied that they do , and added that in reviewing them with Mr . Fabbroni they have already made some changes , such as specific requirements for a buffer zone from the highway right of way ( 30 ' ) . He noted that there will be extensive lawn and green area . A resident of East King Road asked what effect this project would have on the residents of King Road . Mr . Monkemeyer said that they would be able to see this development . Mr . Gersh noted that there are ease - ments of view . Ms . Sharon Staz asked about the phasing plans . Mr . Monkemeyer stated that he would first develop the roadway system and begin market - ing sites in the business area for sale or lease . He suggested the spring of 1978 for Phase 1 . Planning Board - 6 - April 19 , 1977 Ms . Staz said , " What about Springwood ? " Mr . Monkemeyer stated that he is waiting for better financing before any further development there . Ms . Staz referred to a buffer zone and stated that there have been letters from the neighbors . She referred to ditching and said that these things have never been done . It was stated that the Town Board has changed the rules of the Planning Board without anyone knowing it . Ms . Staz stated that the problem with the Town of Ithaca is that there is no enforcement of the regulations established by the Boards . She commented that Beacon Hills people showed beautiful slides also . She added that one ghost town is enough . The Board must plan for all of the contingencies . She stated that prior to any approval for rezoning of any more land , all the items that were requirements under Springwood should be cleaned up . Ms . Staz stated that there were traffic problems also . She pointed out the truck turn around and noted that the King Road and Danby Road intersection is not well planned . Ms . Staz strongly urged that the current matters that are pending be taken care of first . She suggested that the Board build in all of the safe guards in case Mr . Monkemeyer goes out of business . Mr . Fabbroni commented that one of the biggest problems with the job he inherited with Beacon Hills is there were no specific regulations adopted in case the project failed . He stated that there will be some kind of action by the Town this year if the Sibley Corporation does not take down what cannot remain up . Mr . Fabbroni stated in regard to Springwood , that he has not looked at the Minutes with regard to the planting screen since about 4 months after he arrived in the Town . Mr . Monkemeyer stated that with regard to the buffer , the Town Board and the Planning Board stated that the buffer would be required when the cluster is completed . He said that two buildings are up and the rest are waiting for better financing . He pointed out that Ms . Staz is 600 ' from Springwood and that he is not trying to get away with anything . Ms . Staz stated that she did not want to know his finances . She said that if he cannot afford the plantings for the buffer , how can he develop this project ? She stated that Mr . Monkemeyer may never put up building " 6 " and then the buffer will never be put in . Mr . Gersh noted that Ms . Staz feels that there should be more careful safeguards to avoid a " Beacon Hills " problem . He stated that they are willing to accept any conditions the Planning Board would place on this project to avoid that . He noted that some changes have already been made at the direction of Mr . Fabbroni . He stated that the rights of way are 80 ' wide , plus a bicycle path . Mrs . Bronfenbrenner commented that Ms . Staz is saying something different . She asked why the buffer was not built when Ms . Staz says it was required . Mr . Gersh replied that Ms . Staz ' s objection is with the Boards ' action and not with Mr . Monkemeyer . Mr . Monkemeyer stated that the primary objective at this meeting is to acquire this rezoning and begin to market this land , which is his right to do . He stated that there are only two curb cuts for this entire project . A gentleman from the floor stated that Mr . Monkemeyer is increasing traffic on the hill and noted that one has to go down into the City and the road is two lanes . He stated that he could foresee another Triphammer Road . Planning Board - 7 - April 19 , 1977 Mr . Newhart asked if Mr . Monkemeyer had done a feasibility study . Mr . Monkemeyer stated that he had , and added that they will be developing their land up there as the years go by . Mr . Monkemeyer pointed out that he lives across from Beacon Hills and he , too , does not want to see any more mistakes like that . Mrs . Hoffmann stated that people seem to be concerned with the shopping centre , but Mr . Monkemeyer is going to build the commercial area first and the shopping centre will be developed later . Mr . Monke - meyer concurred . Ms . Staz asked what a business park development is ? Mr . Monkemeyer described the nature of it and noted that the building coverage is 25% and is a part of the covenant . Mrs . Bronfenbrenner wondered what happens to the covenant if Mr . Monkemeyer cannot afford to maintain the land . Mr . Monkemeyer noted that the business park comes first - Business C , then the shopping centre in the spring of ' 78 - Business " F " . Mrs . Hoffmann wondered why there were not plans for the area to be developed first . Mr . Monkemeyer explained that the project is protected. by a protective covenant . There must be site plan approval and any building comesunder the consideration of an architecture review board . Ms . Staz asked about utilities . Mr . Monkemeyer said they will all be underground as required by the State . County Board Representative Beverly Livesay asked where the mixed use is to be - - throughout the area ? Mr . Monkemeyer said it would not be throughout the area under consideration - - only in the neighborhood shopping center down to the corner . Mrs . Livesay asked what Mr . Monke - meyer was asking for . Mr . Gersh replied that they were requesting a Business " F " zone area bounded by the roadway shown on the site plan ; the remaining land which is presently R- 15 and to be called the business park development is requested for Business " C " . been Mr . Fabbroni stated that the Zoning Board of Appeals has / asked how to handle this question and they are of the opinion that an amendment of the zoning ordinance is in order rather than a variance . Mrs . Livesay noted that this involves an expansion of the Business " C " zone . Mr . Gersh stated that the Planning Board is being asked to recommend the creation of the Business " F " zone and the expansion of the Business " C " zone . Mr . Monkemeyer displayed a proposed zoning map from 1970 which shows this whole area proposed as Business A and B . Mr . Gersh stated that two stages of rezoning would be acceptable - - the expansion of the Business " C " while the Business " F " is underway . The Business " C " expansion takes in the area presently zoned R - 15 . MOTION by Mr . Montgomery May , seconded by Mr . J . W . Reece , RESOLVED , that the Town of Ithaca Planning Board grant and hereby does grant preliminary approval of the rezoning requests as presented by Mr . Evan Monkemeyer for proposed Multiple - Family / Commerical District Planning Board - 8 - April 19 , 1977 in the Northeast Quadrant of Danby Road ( Route 96B ) and King Road intersection , said rezoning request being an expansion of existing Business " C " zone and the creation of a Business " F " zone , the Business " F " zone preliminary approval herein granted being subject to the approval of the Town Attorney , and FURTHER RESOLVED , that said preliminary approval in toto is subject to review of the past minutes of the Springwood development and assurance that the developer has met all the requirements imposed by the Planning Board and the Town Board in connection with such Springwood development . By way of discussion , Mr . Baker stated that in reading through the proposed covenants , they say the minimum standards for parking and that this restriction is not anything like he envisioned it . Mr . Monkemeyer stated that this is only a concept and that they would certainly not over - develop the parking areas . Mr . Gersh pointed out that even without this covenant , the develop - ment must meet the requirements of the Zoning Ordinance and go through site plan approval . Mr . Fabbroni stated that it was his opinion that if the Board does decide to move on the Motion on the floor and let the attorneys go ahead on the rezoning requests , the covenants should be distributed to each member of the Board to review . Mr . Fabbroni felt that the covenant is vital to the project . MOTION to AMEND the MOTION on the floor , by Mrs . Eva Hoffmann , seconded by Mr . James Baker : RESOLVED , that any approval of the Monkemeyer proposal for re - zoning of land in the Northeast Quadrant of Danby Road and King Road intersection to Multiple - Family / Commercial District be and hereby is contingent on approval of the proposed Protective Covenants by the Planning Board and the Town Attorney . There being no further discussion , the Chair called for a vote on the AMENDMENT to the MOTION on the floor . Aye - Bronfenbrenner , May , Bradley , Baker , Reece , Hoffmann . Nay - None The AMENDMENT to the MOTION was declared to be carried unanimously . There being no further discussion , the Chair called for a vote on the entire MOTION AS AMENDED , before the Board , as follows : RESOLVED , that the Town of Ithaca Planning Board grant and hereby does grant preliminary approval of the rezoning requests as presented by Mr . Evan Monkemeyer for proposed Multiple - Family / Commercial District in the Northeast Quadrant of Danby Road ( Route 96B ) and King Road inter - section , said rezoning request being an expansion of existing Business " C " zone and the creation of a Business " F " zone , the Business " F " zone preliminary approval herein granted being subject to the approval of the Town Attorney , and FURTHER RESOLVED , that any approval of the Monkemeyer proposal for re - zoning of land in the Northeast Quadrant of Danby Road and King Road Planning Board - 9 - April 19 , 1977 intersection to Multiple - Family / Commercial District be and hereby is contingent on approval of the proposed Protective Covenants by the Planning Board and the Town Attorney , and FURTHER RESOLVED , that said preliminary approval in toto is subject to review of the past minutes of the Springwood development and assurance that the developer has met all the requirements imposed by the Planning Board and the Town Board in connection with such Springwood development . Aye - Bronfenbrenner , May , Bradley , Baker , Reece , Hoffmann . Nay - None . The AMENDED MOTION was declared to be carried unanimously . PRESENTATION OF PRELIMINARY PLANS FOR EASTERN HEIGHTS PARKLAND BY RAPHAEL PUMARADA - CORNELL WORK STUDY PROGRAM . Mr . Pumarada was introduced to the Board by Mr . Fabbroni who pointed out that Mr . Pumarada has been working with the Town as a work study student since the beginning of the fall semester . Mr . Pumarada has been working on a park of approximately 14 acres for Eastern Heights and that he and Mr . Fabbroni wish to sound out this proposal with the Planning Board before they went all the way to the Town Board . Mr . Pumarada has been with the Parks Department in Puerto Rico . Mr . Pumarada described in detail his proposal for development of the 14 acres of parkland in the Eastern Heights area . The park would serve a population of around 2 , 300 and the area of Dryden Road , Six Mile Creek between the City of Ithaca line and the Town of Ithaca line . Different age groups would be using the site - - little children , families , old folks , and college students . The area is mostly housing and farmland and contains Belle Sherman Elementary School and two Churches . There is some recreation there already with the bowling alley and the playground at Belle Sherman School . Mr . Pumarada pointed out that there is approxi - mately 134 acres available for development in the future . In the area of the proposed parkland , Nancy Street and Skyvue , the site is quite steep with up to a 10% slope . He noted that a roadway is sort of built already . Mr . Pumarada said that he asked himself what should a 14 acre park have to serve a population of approximately 3 , 000 people in the long range ; how could we provide recreation for these people on this type of land for all ages and with this slope in all types of weather ? The answer was terracing . He said that he placed the base - ball and football areas on the least steep land . He placed the " noisy " activities in one area also . He said he wanted to preserve the existing trees . He said he asked himself what to do with the already dug areas and decided on toboggan slides in winter . He designed a pond for ice skating . Mr . Pumarada said the cost would be around $ 300 , 000 and he asked the Board how they would look to phasing this plan . Both Mrs . Bronfenbrenner and Mr . May stated that this was a beautiful park plan , and added that there did not appear to be any pro - vision for a parking situation , pointing out that there is no parking 46 allowed on Town roads . Mr . Fabbroni pointed out that it is not true that there is no parking allowed on Town roads , it being permitted to park on the shoulder . He noted that this is a very valid concern , but the design is constrained a great deal by the topography . He commented that you would not want to Planning Board - 10 - April 19 , 1977 give away the good land to parking . Mr . Fabbroni led a discussion of possible future residential development in the area . Mrs . Livesay remarked that the philosophy in the Town of Ithaca is that one cannot park on the Town roads . Mrs . Livesay pointed out that there is parkland on the other side of the street - - approximately two acres . She noted that it was intended that that area be the playing fields . She stated that she did not think that such an extensive plan was intended . Mr . Fabbroni stated that neither he nor Mr . Pumarada are here to defend this plan . They are here for input . He stated that if just a ball diamond up in the corner is what is wanted , that is fine . Mrs . Hoffmann stated that she did not like the location . Mrs . Bronfenbrenner pointed out that there is really nothing that the Board can do about that . Mrs . Hoffmann stated that she would like to see neighborhood parks for little children - - like small little parks . Mr . Fabbroni stated that that was not Mr . Pumarada ' s design task . Mr . Pumarada stated that he agrees that it is out in nowhere and that is why they put in ball fields and football fields and children ' s recreation . OMr . Reece stated that he liked the plan very much , but he thought it should be scaled down . SECRETARY ' S NOTE , At 11 : 91 p . m . , the Chair granted the Secretary permission to go home because of illness . The Chairman informed the Secretary the following day that the park discussion wound up forthwith . Respectfully submitted , Nancy M . Fuller , Secretary . TOWN OF ITHACA PLANNING BOARD TUESDAY APRIL 19 1977 v v A G E N D A 7 : 30 P . M . PUBLIC HEARING : Consideration of Final Subdivision Approval of proposed Multi -Family Development on existing Multi -Family District behind Ellis Hollow Apartments , by Ivar Jonson , Tax Parcel No , 6 - 62 - 1 - 1 . 122 , 8 : 00 P . M . PUBLIC HEARING : Consideration of Preliminary Approval of proposed Multiple -Family/Commercial District in Northeast Quadrant of Danbv Road ( Route 96B ) and King Road intersection . 8 : 30 P . M . Presentation of Preliminary Plans for Eastern Heights Parkland by Raphael Pumarada e Cornell Work Study Program , 9 : 00 P . M . Report on Park Subcommittee of Town Board , 9 : 30 P . Me Adjournment . Nancy M . Fuller Secretary NOTE : IF ANY MEMBER OF THE PLANNING BOARD CANNOT ATTEND , PLEASE NOTIFY ME IMMEDIATELY , 273 - 1721 , M 1 AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE 4 ITHACA , N . Y. 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 Town of. Ithaca Planning Board in Town Hall , Street , Tthaca , 7 : 30 p . m . - Consideration of Final Subdivision Approval of proposed Multi -Family ow Apartments , by Ivar Jonson , Tax Parcel # 6 - 62 - 1 - 1 . 122 ; 8 : 00 p . m . - Consideration of In Northeast Quadrant of Danby Road ( Route 96B ) and King Road Intersection . * ation of sign board used for posting : Front Entrance of Town Hall . Date of Posting : April 13 , 1977 Date of Publication : April 14 , 1977 Edward T,; Bergen — Town Clerk Town of Ithaca State of New York County of Tompkins SS . Town of Ithaca Sworn to before me this / 7' day of �� , 19 • � l / NOTARY OMMUDE H. BERGEN A 1"arY Public, State of New York No. 554278925 qualified in Tompkins Coua�yY�/ ' WIn Expires March 30, l9 f-� ' v i Thursday, April 14, 1977 ITHACA JOUIt1';IA►L . . 19 r Leg®I Notice ' ! i, TOWN OF ITHACA PLANNING It BOARD q NOTICE OF PUBLIC HEARINGS TUESDAY, APRIL 19, 1977 By direction of the Chairman of the Planning Board, NOTICE IS HERE- ,BY GIVEN that Public Hearings ';will be held b 'the Planning Board of the ,Town of Ithaca on Tuesday, April 19, 1977, in Town Hall, 126 East Seneca Street (second floor) , Ithaca, N.Y:, at the following times and on the follow- ing matters:. I. 7 : 30 p.m. i Consideration of Final d Subdivision Approvafa of p oposed Multi-Family Development on existing Multi-Family District behind Ellis Hollow Apart- r, menta, by Ivar Johnson, Tax Parcel No. 6-62-1- 1. 122. 6 : 00 p . m . Consideration of Preliminary Approval of ' roposed Multiple - Family/Commercial District in Northeast Quadrant of Danby Road (Route 96B ) and King Road intersection. Said Planning Board ,will at; said limes and said place hear all persons. in support of such matters or objec- tions thereto. Persons may appear by agent or in person: .Edward L. Bergen Town Clerk Town of Ithaca April 14, 1977 TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS TUESDAY , APRIL 19 , 1977 By direction of the Chairman 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 , April 19 , 1977 , 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 Final Subdivision Approval of proposed Multi - Family Development on existing Multi -Family District behind Ellis Hollow Apartments , by Ivar Jonson , Tax Parcel No . 6 - 62 - 1 - 1 . 122 . 4P8 : 00 P . M . Consideration of Preliminary Approval of proposed Multiple - Family/Commercial District in Northeast Quadrant of Danby Road ( Route 96B ) and King Road intersection . 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 : April 13 , 1977 Publish : April 14 , 1977 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) SSG COUNTY OF TOMPKINS ) Nancy M . Fuller , being duly sworn , deposes and says , that deponent is not a party to the actions , is over 21 years of age and resides at 316 Turner Place , Ithaca , New York . That on the 14th day of April , 1977 , deponent served the Notice upon : Fred Stolz Ithaca College 113 King Road E . Ithaca , New York 14850 Ithaca , New York 14850 °: Evan Monkemeyer Edward Whitlock 123 King Road E . 115 King Road E . Ithaca , New York 14850 Ithaca , New York 14850 Jack M . Herman & S . Gilbert Sharon Staz 277 Esplanade Drive 117 King Road E . Rochester , New York 14610 Ithaca , New . York 14850 Sam & Ruth Peter Ithaca Heights Inc :} , Ed . " Abbott 1083 Danby Road 707 First National Bank Bldg . Ithaca , New York 14850 Ithaca , New York 14850 Moses Peter , William Bush Charles Wilson 702 Hancock Street 909 West State Street Ithaca , New York 14850 Ithaca , New York 14850 Edward Barnett D & H Refurbishers 107 King Road E . 1080 Danby Road Ithaca , New York 14850 Ithaca , New York 14850 Robert Pedecs Ethel Yonkins , et al 111 King Road E . 1060 Danby Road Ithaca , New York 14850 Ithaca , New York 14850 Robert Farley G . Gostanian 1050 Danby Road 1058 Danby Road Ithaca , New York 14850 Ithaca , New York 14850 Arthur Parkin Elizabeth , Murnigham 1048 Danby Road 1044 Danby Road Ithaca , New York 14850 Ithaca , New York 14850 Eugene Eberhardt Forrest Sanders 1040 Danby Road 1034 Danby Road Ithaca , New York 14850 Ithaca , New York 14850 Andrew Cone Dell Grover 1032 Danby Road 415 Hillview Road Ithaca , New York 14850 Ithaca , New York 14850 Rexford Ballard Douglas Payne 1010 Danby Road 1006 Danby Road Ithaca , New York 14850 Ithaca , New York 14850 Althea Kelly 1002 Danby Road Ithaca , New York 14850 By depositing same enclosed in a postpaid addressed wrapper , in a post office under the exclusive care and custody of the United States Post Office Department within the State of New York , Nanck Mo Ful r Sworn to before me this � - 19th day of April , 1977 . C Notary Ruib1ic No Y Na 551725� �� Ys�r� Termsi Expires March 30�19n i MOUNTAIN PARKWAY BUSINESS CENTER A park of a minimum of 30 acres for offices and other facilities ( including art studios ) for professional and business use including convenience services for the neigh - borhood . The Park will be surrounded by prestige residential areas to diminish the necessity for extensive auto travel by executives , employees , customers and neighbors . The Park will be a landscaped campus for businesses seeking attractive , beautiful , agreeable locations which are already provided with roads , water , sewer , and other utilities , The Park will include vast grass areas , groves of trees , brooks and a large pond , bicycle paths , an art gallery and related facilities for artists , and other fea - tures designed to attract desirable business and -residential users . The Park will not be a producer of traffic problems be - cause it will not utilize the frontage on existing highways for additional curb - cuts and all parking will be without charge and within the Park itself to avoid parking on public highways . Traffic within this Park will be limited because executives , employers , and customers will be encouraged to f live within , or within walking or bicycling distance , of the park itself . 2 The operation of the Park will be designed to insure `" ¢ permanence in quality of construction and maintenance and the prevention of adverse influences . This will be achieved by continuity in developer/oimer control . The land has been 14 inAone family for 35 years and the current developer is a native Ithacan . The developer will impose on all business tenants or owners in the Park the following protective covenants : 1 . Prior approval of plans . No . building shall be erected , placed or altered on any lot until the con - struction plans and specifications and a plot plan showing the location of the structure and landscaping of the plot have been approved by the Architectural 'Ac Control Committee as to quality of workmanship and materials , harmony of external design with existing • structures , and as to location with respect to top - ography and finish grade elevation . 2 . Height of building . No building may be constructed on land leased or sold , having a height of more than two stories above a basement , if any , or above the ground level . This restriction may be relaxed and a building with basement and three stories permitted with prior written approval of such increased height by said Architectural Control Committee . 3 . Size of building . No building shall be erected which covers more than 250 of the area of land leased or sold . 4 . Location of building . No building shall be located nearer than feet to any right of way or nearer than feet to any boundary of land leased or sold . � . 3 5. Nuisance. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to adjoining owners , their employees , tenants or customers . 6. Garbage and refuse disposal . No land leased or sold shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers inside the building or under cover. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 7. Signs permitted. No sign or other advertising electrical display may be erected or permitted on any land leased or sold or buildings thereon except that a sign may be constructed and maintained carrying name, F business and directions of such size, design and colors and at such locations as may be approved by the Architec- tural Control Committee. 8. Off-street parking. Each building erected on any land leased or sold shall be located so as to provide ample space on the remainder of the land leased or sold for off-street parking for the convenience of executives, employees and customers, and such parking space must be maintained and used for parking purposes exclusively except as permitted by the Architectural Control .Committee. Unless otherwise permitted by such committee, the mini- mum standards shall be the total of the following: a. One parking space for each 300 square feet of gross floor space in office use. b . One parking space for each 1,000 square feet of gross floor space in storage use. c . One parking space for each 150 souare feet of gross floor space in commercial retail or service use. d. One parking space for each 600 square feet of gross floor space in light industrial use. 9 . Each owner or tenant of land leased or sold shall also provide adequate space for the circulation of traffic in the parking areas , which shall not be a part of the off - street parking space required in the above paragraph . 10 . The owner or tenant of a building located on any land leased or sold shall have the right to build for multiple occupancy of tenants , provided the lessees of such space shall meet and comply with all of the res - trictions , conditions and provisions hereof , and pro - vided approval of the Architectural Control Committee is obtained . 11 . No additional access roads through land leased or sold to Danby Road or to King Road shall �be permitted . No additional curb - cuts to Danby Road or to King Road shall be permitted. Interior access roads between Danby ' Road and King Road and opening to such roads will provide the sole access to land leased or sold . 12 . Architectural Control Committee , The Architectural Control Committee shall be composed of three members , as follows : ( a ) Monkemeyer , Inc . acting by and through one of its officers designated for that purpose , or in place of such officer , Evan N . Monkemeyer , ( b ) a registered architect selected by the person named in ( a ) above , and ( c ) a neighbor , tenant or owner of land leased or sold , selected by the persons named in ( a ) and ( b ) above . These three shall serve for a period of five years , or until their successors are duly chosen and qualify as herein above set forth . The members of said committee shall serve without compensation for services performed pursuant hereto . The committee shall function by majority vote , and may make their own rules and regulations regard - ing procedure , notice of meetings and other matters not covered hereby . In the event some question or problem should arise , the solution of which is not provided for or authorized. hereby , same shall be decided by resolution ' 5 of the Planning Board of the Town of Ithaca , acting as an umpire or arbitrator , and the decision of said Planning Board , if not inconsistent with any of the above restrictions , covenants or provisions , shall be final , conclusive and binding on all parties concerned . 13 . The Architectural Control Committee shall have the right in the exercise of fair and impartial discretion , and solely in order, to relieve hardship cases , to amend the provisions of Section 4 hereof , with respect to any land sold or leased . 14 . Enforcement . Enforcement shall be by proceedings . at last or in equity against any person or persons violating or attempting to violate any covenants , either to restrain violation or to recover damages , and such proceedings may be maintained by any owner or other person having a special interest therein . 15 .. Severability . Invalidation of any one of these covenants by judgment or court order shall in no wise 7_ affect any of the other provisions , which shall remain , in full force and effect . 16 . These covenants are to run with the land and shall be binding on all owners and tenants or persons claiming under them of the land leased or sold for a period of 25 years from the date these covenants are recorded and may be extended prior to expiration for such additional . time as may be specified by the Town of Ithaca Planning Board and the Town Board of the Town of Ithaca . J • ACCESS TO FUTURE . RESIDENTIAL DEVELOPMENT BUSINESS PARK DEVELOPMENT i r • . I / r . • � 1 BUSINESS PARK DEVELOPMENT !� ! ACREAGE BREAKDOWN ART COLONY 1905 BUSINESS PARK 18.60 SHOPPING CENTER 650 \ \ ' NEIGHBt�RNQ ~ - DRAINAGE AREA •50 SHOPPIN P CENTE � R.O.W. 3.25 rp - LOA OC TOTAL ACREAGE 29.90 8 GARB cb/ SUPERMARKET DRAINAGE POND . - OWNERS / DEVELOPERS = ' RIGHT OF WAY RESERVE K1NSKYRISE ASSOCIATES DRY ' \ � OURT YAR CLEANERS . \ SHOPi It OATEr REVISION v I UCUOR ` ✓ CON � IJI TANT - - - - TORE j SHOP — - - — SHOP 3 — � DRIG ' ART i ST(RE RESTAURANT ! / CONSULTANT APRCM IT 9 C T COLONY I ' DELI DOUGHNUT SLOP ( / HAIR DRESSER - - f� SPORTING GOODS CLOTHING STCRE / . • 18 a WILLIAM DOWNING ASSOCIATES . ; •/ ` • • J UNDERGROUND J e BIKE R4TN SWALE ROAD SURFACE 9 SHOULDER MEDIAN ROAD SURFACE 9 SHOULDER SWAIE EARTH BERM ARCHITECTS - I I �� ad ( 607 ) 273 - 6427 RIGHT OF WAY 121 EAST BUFFALO STREET, ffHACA. NEW YORK 14850 L`G4K !v � v C • ( CK ( O ' v $_ AL-( CAT& STATE ROUTE 96B DANBY ROAD � M AS NOTED 4/ 13 / 77 ow0 ; ( CT T : TL 1 PLOT PLAN �) TYPICAL PARKWAY SECTION : � = . . M ® ( . , N ( ( T N .. . • � SCALE 0 q 30 50 100 jaw SCALE : 01 3 5 10 20 77 489 1yN ( ( T iCL'4 LAND USE PLAN COST ESTIMATES FOR EASTERN HEIGHTS RECREATION SITE SOFTBALL $ 27 , 572 . 50 BASEBALL ADDITION 15 , 875 . 00 FOOTBALL 101 , 337 . 50 LAWN GAMES 6 , 666 . 25 BASKETBALL 23 , 866 . 25 TENNIS 24 , 841 . 25 HANDBALL 9 , 085 . 00 PLAY AREA 49 , 708 . 75 NATURE WALK 18 , 890 . 00 PATH 3 , 340 . 00 SHELTER & BATH 6 , 250 . 00 LANDSCAPING 9 , 375 . 00 $ 296 , 807 . 50 Say $ 300 , 000 < I j 1 c � ♦ - - � 1 O I ^ ♦ NBC 9 - ♦ F E - 9 1 r, � J u O f did 25 M fID I IRM O - V: /QOO _ I _ _ I -- EA 1 . IP N � .•r I� • �.� ` .fin rt •i h > �,� �y, , h,iti � t'YY., .y• 1 �.• 1 be I _ J I _--- 5ECTION A-A CAT k6 m7.- YkNC6 "TALOC4JE Wj CWG I MCe A MSFK S W1tACAL6 LD U0 12,59p.p0 E �Vf-UPfww yc +- Co E 20 lit -Ccm Lin,00 B iC G•. I 26(0 629.D0 F aiwN NET C T6t XTOA �� 18 m 55fl 2 530.0tYQ3iTER xim IS yiS ooO 199 . o ' 54tW� N '-sy YdASa w;A L.C- 'Ji 266 026.0 1 IWedneWay, April 20, 1977 ITHACA. JOURNAL S. C . 6mbined . zonel pan gets nod By ALAN GOODMAN town attorney of a zoning ordinance standards and criteria for such things as j A proposal to combine commercial and amendment that would permit the project parking, types of buildings and setbacks. ,�esidential development on South Hill to proceed. Mixed commercial and resi- Finally, theplanning board called for dential development is not currently per- a review of previous town and planning _ pas 'given preliminary rezoning, approval mitted under the town zoning ordinance, board minutes of discussion of another Tuesday . night 6y the Town of Ithaca Monkemeyer project near the Danb Planning Board. and Monkemeyerer is seeking to rezone y p 7 y- Commercial property near the intersec- King intersection-Springwood, a mul- However, some tough conditions: must tion of King and Danby roads to a mixed ' tiple residence project. also be met before developer Evan Monkemeyer can gain final approval for F use. Final approval is also subject the project. to acceptance of a project covenant re- Monkemeyer was accused at the meet- quired of Monkemeyer. This document is . mg of not complying with the require, The include approval by the like amini-zoning ordinance, establishing ments for that project, let alone be' granted approval for another project. The young developer denied the charge. The new project—which would be on j property owned by the Monkemeyer fam- ily—is to include a shopping center, mul- tiple residence housing, business develop- rnent, and a bike path, . according to Monkemeyer. Monkemeyer told the board Tuesday night be intends to begin with a roadway system and a " business park, " which is to consist of free-standing businesses. This wouldbe on property that is current- ly zoned R-15, and Monkemeyer wants to have this rezoned to "C" ( commercial ) . Then in the spring of 1978, the young developer wants to begin work on the neighborhood shopping center, which is to be near the Danby-King intersection. This is to include mixed corrlmercial-residen- tial development, and is the land that Monkemeyer wants to have rezoned to the mixed use - "F" designation.