HomeMy WebLinkAboutPB Minutes 1978-04-18 TOWN OF ITHACA PLANNING BOARD
{ APRIL 18 , 1978
A regular meeting of the Town of Ithaca Planning Board was held on
Tuesday , April 18 , 1978 , in the Town of Ithaca Town Hall , 126 East Seneca
Street , Ithaca , NY , at 7 : 30 p . m .
PRESENT : Vice - Chairman Henry Aron , James Baker , Carolyn Grigorov ,
Patrick Mackesey , Bernard Stanton , Lawrence Fabbroni ( Town Engineer ) .
ALSO PRESENT : Joe Gentili , County Planning Department ; Jennifer Romm ,
WTKO .
Vice - Chairman Aron opened the meeting at 7 : 32 p . m .
SIGN APPLICATION - " OAK RIDGE " - DANBY • ROAD , MONKEMEYER .
Mr . Monkemeyer presented a sign permit application for a 50 sq . ft .
" Oak Ridge " plus other wording to be located at the side of the vacant lot
to the north and centered between existing trees and facing Danby Road .
Mr . Fabbroni wanted to make sure that the sign will be set back 15 ' from
the right of way . Mr . Monkemeyer stated that the sign will definitely be
15 ' back from the right of way .
The Board members generally commented that the sign was good looking .
Mr . Aron asked if Mr . Fabbroni were satisfied and. he said he was as far
as size and location . Mr . - Aron asked if it were going to be illuminated .
`.: Mr . Monkemeyer stated that the sign would not be illuminated .
'f Vice - Chairman Aron asked if there were any further comments . There
were none .
MOTION by Mrs . Carolyn Grigorov , seconded by Mr . Patrick Mackesey :
RESOLVED , - that the Planning Board - of the Town of Ithaca approve and
hereby does approve sign permit application of Evan N . Monkemeyer dated
12 / 12 / 77 , 50 sq . ft . sign , Skyrise Associates , " Oak Ridge ' , sign to be
located on Monkemeyer property , Parcel 716 - 42 - 1 - 13 . 2 , Danby Road , set back
15 ' from right of way .
There being no further discussion , the Chair called for a vote .
Aye - Aron , Baker , Grigorov , Mackesey , Stanton .
Nay - None .
The MOTION was declared to be carried unanimously .
LEHIGH VALLEY RAILROAD RIGHT OF WAY , EAST ITHACA TO FREEVILLE .
Mr : Fabbroni spoke of the background relating to this piece of
abandoned railroad line and stated that the Town ' s main interest in this
right of way , aside from discussions of Cornell University reactivating it
for coal , . is as a walkway , bikeway facility which logically terminates at
the Game Farm . Mr . Fabbroni pointed out that this right of way and its
use as a recreational facility bears a nice relationship to the Circle
Greenway which comes up Honness > Lane and gets to the old right of way to
the Game Farm . This would be a spur of the Honness Lane bikeway . He
also noted that this right of way goes through an isolated area and , at
least for the portion within the Town , would seem to present very little
conflict with anybody else ' s interests . It is generally felt that with
this particular right of way there are several ideas for use that are at
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Planning Board - 2 - April 18 , 1978
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least compatible .
Mr . Aron noted that we are talking about the right of way reverting
back to the Town or the County and supposed that should the Town take it
over there is the question of insurance liabilities , the kind of recrea -
tional uses , bikeway , plain walkway , etc . He noted that there are a number
of things that have to be thought through before we make any recommenda -
tions .
Mr . Fabbroni stated that there were problems with the other right of
way ( Freeville to Cortland ) where the owner of the right of way would
have to maintain farm fences , etc . ; that is not the case here . He noted
that the insurance aspect in terms of its cost has been way overplayed .
He said it is essentially a miniscule rider on the Town policy . He said
that it is an ideal right of way to develop as a walkway and as a bikeway
the base is already there .
Mr . Al reiterated that it would be an ideal recreational parcel for
a walkway or a bikeway and Mr . Fabbroni agreed noting that underbrush is
the only limiting thing right now .
Mr . Stanton noted how the right of way connects into the Town of Dryden
and offered that it would make sense to have our recommendation tied into
a manner of use proposed by Dryden . Mrs Fabbroni pointed out that its
use recreationally in the Town makes sense within itself . Mr . Stanton
said that he liked the idea of using it for something in this line .
After further brief discussion , it was decidedthat the following
consensus statement shall be forwarded to Mr . Frank Liguori , County
Planning Commissioner , from the Town of Ithaca Planning Board :
Mr. Frank Liguori
Commissioner of Planning
Tompkins County Department- of Planning
128 East Buffalo Street
Ithaca , NY 14850
Re : Future Uses , Lehigh Valley Railroad Right of Way
East Ithaca to Freeville
Dear Commissioner Liguori :
After having discussed the above - noted matter at its regular
meeting of April 18 , 1978 , at which Vice - Chairman Henry Aron and
Members James Baker , Carolyn Grigorov , Patrick Mackesey , and
Bernard Stanton were present , the Planning Board of the Town of
Ithaca hereby tenders to the Commissioner of Planning , Tompkins .
County Department of Planning , the following statement of con
sensus in re possible future uses of the Lehigh Valley Railroad
Right of Way , East Ithaca to Freeville :
" In view of the fact that the portion of the -.Lehigh Valley
Railroad Right of Way within the Town of Ithaca involves one land -
owner . only , is isolated and separate - from developed or developing
areas, in general does not interfere with property uses on either
side and in particular does not affect the Cornell Fish Hatchery ,
the Town of Ithaca Planning Board agrees that a logical and appro -
Planning Board - 3 - April 18 , 1978
priate use for this right of Nay u? o' uld be as a recreational spur
which could be connected to the Circle Greenway , as . well as joined
up with that portion within the Town of Dryden , for use as a bike -
way , a walkway , cross - country skiing and such other non - motorized
activities .
As this proposal is further refined , it is critical that
careful consideration be given to repair and maintenance costs
associated with the project , particularly the bridges , which are
in poor condition . "
DISCUSSION
^^ Or 11 TUI,L JOT �Y'� Tl L�f it ' V' 1 ";'i: '�'OiaN BOA//-I 'LD , l7PLAI: N .& IlG TOARD , '
ZONING iJL3C] t�J Vt Al CL1ZLu 11 \ 1tL L11'�1 � V '11V~\ V1' 1•� ( " Col" INN 0 " DIliANCE .
A Joint Meeting of the Towri Board , Planning Board , and Zoning Board
of Appeals has been proposed for - May 2nd , 1978 , at 7 : 30 p . m . in Town Hall .
Mr . Aron , Mrs . Bronfenbrenner , Mr . Mackesey , Mr . Stanton , Mr . Baker , Mr .
May , and Mrs . Grigorov will be able to attend .
Mr . Fabbroni stated that there is a spectrum of opinion among the
members of the Zoning Ordinance Cornmittee and they want to air everything
out in order to get one direction to follow . - The spectrum ranges from
working with the existing ordinance and making some changes to a major
overhaul . . Some things that must be considered are : ( 1 ) environmental
law changes ; ( 2 ) changes in the make - up of families ; ( 3 ) costs ; ( 4 ) elderly ;
( 5 ) birth- rates ; ( 6 ) single people ; ( 7 ) energy . Mr . Fabbroni stated - t-hat
the Committee is seeking direction from all three Boards .
-�j4-SCUSSION OF PLANNING BOARD POLICY AS TO PARK LAND IN SUBDIVISION .
Mr . Aron stated that it was his understanding that the Town does not
have an - Ordinance in _ reference to _ the setting aside- of --parkl`and = ri- sub - .
divisions , but that we do operate under Town Law in requiring parkland to
be set aside .
Mr . Fabbroni stated that the Town operates actually under both a
Town Park Policy and Section 277 of Town Law . Mr . Fabbroni noted that
Sec . 277 has been tested in different areas and the general decision has
been that a Planning Board can ask for up to 1070 of the land in a subdivisior
to be set aside for parkland . Mr . �abbroni stated that the Town Board has
asked why the Planning Board did not ask for parkland for some smaller
subdivisions , for example , the Owen su division on Eastwood Avenue . Mr .
Fabbroni noted that the matter has ? lw ays been a kind of floating thing and
the prerogative of the Planning Boa _ftd .
Mr . Fabbroni cited some cases w hese the Planning Board has asked for
land to be set aside for parkland o for payment in lieu of parkland , or
where land was not required or money . He noted that in Lucente ' s subdivi -
sion of 21 lots , 2 - 1 / 2 acres were requ _ red to be set - aside . He noted that
in Mr . Hilker ' s subdivision on the you h side of Snyder Hill Road , roughly
2 acres of land out of 22 acres were set aside for parkland . Mr . Fabbroni
stated that the Planning Board has r~' ot asked for parkland in the smaller
subdivisions . Referring to . Coddington and King Road . . East , _ Mr . Fabbroni
pointed out that the Giles ' land was separated into five large lots
basically and the Town- Board decided t0at two or three acre lots precluded
the need for parkland . He stated tt- at the proposed DeForest Park subdivision
on West Hill is the same sort of thing _ Mr . Fabbroni stated that in
Planning Board - 4 - April 18 , 1978
connection with Mrs . Owen ' s subdivision request , the Board did not dis -
cuss park land , whether it was an oversight , or a logical outcome, of a
small area , is not clear . Mr . Fabbroni stated that this Board is now asked
to decide just what is the policy as to parks .
Mr . Aron stated that the unanswered question appears to be - " how
small is small ? " He then asked , " Where is the starting point where the
Planning Board will insist on a park area or money in lieu of - - 10 - lot
subdivision , 5 - lot subdivision , 6 - lot subdivision , or what ? "
Mr . Stanton stated that part of the intent here is to allow for
parks where there are no parks .
Mr . Baker stated that the Board has to think in terms of areas .
Mr . Stanton stated that the whole matter of parks should be tied into
the Park Plan . He noted that dozens of very small " parks " all . over Town
would be quite difficult to maintain and quite expensive . He felt that
one - half acre parks might be acceptable .
After lengthy - discussion , the . members . present agreed that the matter
is certainly the prerogative of the Planning Board , but the matter of
requesting that land be set aside or the decision that no land be set
d;
aside - should be a conscious decision . _ The . matter of - parkland in subdivision _
should be a check- list item . It was agreed that flexibility must be
maintained - by the Planning Board .
The following statement of consensus was agreed upon by those members
of the Planning Board present :
" The matter of park land shall - be considered with every subdivision
proposal- presented - to - the Planning Board as a check - list item and shall be
given due and proper consideration with the Planning-- Board maintaining its
- -
prerogative- for the = decision -making - as to the sett ing == aside- of-- -park land-,-
payment - in
and-,payment - in lieu of land , or there - being no need - for -- park land .. to _ be set
aside , pursuant to Town Law , Section 277 , which gives the Planning Board
the right to require parkland within a subdivision , but does not compel
it- to do so . Lot size , subdivision size , park size , nearby parks ,
topography , etc . , shall be considered in the decision - making process . "
ADJOURNMENT
Upon Motion , the Meeting was declared to be adjourned by the Chair
at 8 : 40 p . m .
Respectfully submitted , .
Nancy M . Fuller , - ,,,
Secretary .
A G E N D
TOWN OF ITHACA PLANNING BOARD
TUESDAY , APRIL 18 , 1978
7 : 30 P . M . Sign Application , Oak Ridge , Danby Road ( Monkemeyer )
7 : 45 P . M . Lehigh Valley Railroad Right of Way , East Ithaca to
Freeville . Discussion of statement of interest to
County Planning Department and / or Planning Committee
of the Board of Representatives .
8 : 15 P . M . - ' . Discussion of - future Joint Meeting - with Town Board,
Planning- Board , Zoning Board - of Appeals - in redirection
of new zoning ordinance .
8 : 30 P . M . Discussion - of Planning Board Policy as to park land in
subdivisions .
9 : 00 P . M . ADJOURNMENT ,
Nancy M . Fuller
Secretary
NOTE : IF ANY MEMBER OF THE PLANNING BOARD CANNOT ATTEND , PLEASE CALL
ME IMMEDIATELY AT 273 - 17210
- ( Vice - Chairman Aron will chair this meeting . ) __
TOMPKINS COUNTY DEPARTMENT OF PLANNING
Frank R . Liguori PE Commissioner of Planning
April 5 , 1978 RECEIVED
APR 6 1978
TO : Edward Conley , Mayor , City of Ithaca TOWN OF ITNACA
Clayton Dans , Mayor , Village of Freeville
1oel Desch , Supervisor , Town of Ithaca
Clinton Cotterill , Supervisor , Town of Dryden
Wallace Rogers, Cornell University
FROM : Frank R . Liguori , Commissioner of Planning
RE : Lehigh Valley Right - of-way , East Ithaca to Freeville
At the joint meeting of the Planning and Public Works Committee of the
Board of Representatives and representatives from the Towns of Ithaca
and Dryden , Village of Freeville , Cornell University and others ( a
c� representative from the City of Ithaca was not present ) , there was
consensus that it is appropriate to continue to pursue the possibility
of requesting a preferential right to negotiate with Lehigh Valley - for
the purchase -of the R- O - W for possible -. future uses . A copy of the summary
of that meeting was forwarded : to you _ previously . = - The Planning -Committee -- - - -
of the Board - of Representatives _. asked-._that each - one- of - you send :me_ a.-_ ._
brief - statement - .expressing _ general= interest _ in pursuing a modest. plan for
multi - purpose uses of the R- O -W ,-- including - any ideas, , uses - or comments .-you
might wish to make . In the meantime , the County Planning Department will
pursue , in concert with our local counterpart groups , the condition of
the i and will develop modest alternative plans for the use of the
R- O - W , including recreational uses , potential pipe line uses , land banking ,
etc .
In order to keep the project moving , I would appreciate an early letter
from you expressing your general interest and other comments .
FRL : ys
cc : Planning and Public Works Committee Members
James White , Chm . , Environmental Management Council
PIC
7Y 4 . , a X 117
Z
128 East Buffalo Street , Ithaca , New York Telephone (607) 274 - 5286 / 274 . 5287
TOMPKINS COUNTY DEPARTMENT OF PLANNING
Frank R . Liguori PE Commissioner of PlannI99AR 3 11978
S U M M A R Y
TOWN OF ITHACA
JOINT MEETING OF THE PLANNING AND PUBLIC WORKS COMMITTEE AND OTHER MUNICIPALITIES
LEHIGH VALLEY RAILROAD ROW - EAST ITHACA TO FREEVILLE
MARCH 28 , 1978
7 : 30 P . M .
The purpose of the meeting was . to discuss jointly the possible future public
uses of the ROW and arrive at a joint course of action .
A copy of the attendance record is attached . No representative from the City
of Ithaca was present .
Prior to the meeting , a summary of the Lehigh Valley ROW inventory and possible
uses was mailed to the participants . F . Liguori and D . Winters discussed the
status of the proposal , the inventory , the potential uses and constraints . At the.
November 14 , 1977 meeting of the Board of Representatives Resolution No . 282 was
adopted advising NYS DOT that the County of Tompkins ( jointly with Cornell
Univer-sity , City of Ithaca , Towns of Dryden and Ithaca , and Village of Freeville ) is
interested in being considered for preferential right to negotiate for the aban-
doned section of railroad .
A discussion of various features - of the ROW , some of the current problem areas ,
land uses , etc . - followed .
Upon question , Wally Rogers of Cornell said he felt the University would con-
sider . some recreational use of that portion of the ROW through the University .
He said that the University is also considering other uses .
Shirley Raffensperger of the Town of Ithaca said she believes the Town of Ithaca
would also be interested in considering recreational uses .'
Clinton Cotterill , Town of Dryden , indicated that the town will work coopera-
tively with the other municipalities in considering recreational and other uses .
Mayor Clayton Dans , Village of Freeville , said the village is interested in
acquiring or controlling a portion . of the ROW within the village for possible
sewer rights - of- way and other potential uses . Interest outside of this area is
limited .
Jim Ray said the ROW offers opportunities for multi - purpose public and private
use , including recreation , pipe line ROW , future transportation and where appro-
priate , use by adjacent property owners .
128 East Buffalo Street , Ithaca , New York Telephone (607) 274 . 5286 / 274 . 5287
A ^
J
After discussion , it seemed to be the consensus that a multi - purpose approach
to the use of the ROW , including recreation , possible pipe line use , possible
transportation use , seems to be apparent . It was genrally agreed that . the follow -
ing steps . should be taken at this time :
1 . Since there are several conditions in the deeds of conveyance including at
least one reversion ( former Ezra Cornell property ) and several statements in
relation to " use for railroad purposes . only , " it is important to investigate
in detail the implication of the statements which might cloud the deeds . Jim
Ray agreed to discuss the matter with Robert Williamson , County Attorney .
2 . It was agreed that each municipality should submit a response indicating their
general interest in pursuing a modest plan for multi -purpose use of the ROW .
3 . The Planning Department will clarify any time limitations which may be imposed
by Lehigh Valley or NYS DOT . ( See below )
4 . The Planning Department , the Environmental Management Council , and the Planning
Boards of the municipalities involved will develop a modest plan for use of the
ROW to include modest recreational uses , potential pipe line uses , and other
potential uses . This should include cost estimates for restoring the integrity
of erroded sections and developing modest recreational uses .
On March 29th , Liguori contacted NYS DOT in relation to the status of the
abandonment procedures . By means of a letter dated December 1 , 1977 , Hugh S .
MacNeil notified Robert C . Haldeman , Trustee , Lehigh Valley Railroad Company , . and
NYS DOT of the interest of the County of Tompkins , the City of Ithaca , the Towns of
Ithaca and Dryden , the Village of Freeville , and Cornell University to jointly
exercise a preferential right of negotiation . According to Mr . Polowski of NYS DOT ,
we will not be issued a preferential right until the Lehigh Valley Railroad Company
requests NYS to release such right . Normally the Railroad does . not make this
request of NYS DOT until actual negotiations have started and they are confident we
are proceeding in good faith . The legal 120 - day time limit which may be imposed by
LVRR does not begin until the Railroad requests NYS DOT to issue the preferential
right of negotiation . Therefore , we are not operating within a legal time limit at
the present time . It would seem preferable to continue our local studies to clarify
local issues before we approach LVRR to begin actual negotiations . This will buy
considerable time . I have been informed by NYS DOT that we are . not presently in a
competitive situation with anyone else and we can afford to bide our time for a
little while longer .
Respectfully submitted ,
Frank R . Liguori
Commissioner of Planning
- 2-
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SIGN APPLICATION and PER14IT
FEE : $ 5 . 00 APPLICATION PLUS $ 1 . 00 per square foot area of each sign
APPLICATION DATE /12,-/ 7 � PERMIT It DATE
ZONING DISTRICT S TAX MAP PARCEL
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( ) denied under sec . date S
TOWN BD . ACTION
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APPEAL ACTION date
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date of hearing date
2ND . TOWN BD . ACTION
$ 25 . 00 DEPOSIT FOR ADVERTISE14ENT OF HEARING date
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