HomeMy WebLinkAboutPB Minutes 1978-12-19 TOWN. OF ITHACA PLANNING BOARD
DECEMBER 19 , ` 1978
A regular meeting of the Town ' of Ithaca , Planning Board twas heldon Tuesday , December 19 , 1978 ,. in Town Hall , 126 East Seneca Street
( second floor ) , Ithaca , N . Y . , at 7 : 30 p . m .
PRESENT : Acting - Chairman Henry Aron , Liese Bronfenbrenner ,
Patrick Mackesey , Bernard Stanton , Montgomery May , Carolyn Grigorov ,
James Baker , Lawrence Fabbroni ( Town Engineer / Building Inspector ) ,
James V . Buyoucos , Town Attorney .
Sam Peter , 1083 ' Danby Road ;
ALSO PRESENT : / Mrs . Shailer Philbrick , 117 Texas Lane ; Mrs .
Shulman , 118 Texas Lane ; Linda Bors , 121 Texas Lane ; Harry -Keller ,
213 Texas Lane ; Jean M . Keller , 213 Texas Lane ; Shirley Gates , 104
Texas Lane. ; C . D . Gates , 104 Texas Lane ; A . L . Ruoff , 216 Texas Lane ;
Enid Ruoff , 216 Texas Lane ; Carol Eiden , 109 Texas Lane ; Jim Warren ,
328 Siena Drive ; Allan A . Lentini , 332 Siena Drive ; Nicholas P . Naioti ,
330 Siena Drive ; Mike Naioti , 330 Siena Drive ; Maureen Schmitt , 215
Texas Lane ; Janet Jonson , 113 Burleigh Drive ; Philip Lerman . - Ithaca
Journal ; Marina Todd , 217 Texas Lane ; Michael Todd , 217 Texas Lane ;
Lee Klaer , 122 Texas Lane ; Betty Klaer , 122 Texas Lane ; Ron Anderson ,
116 Texas Lane ; Stuart L . Shapiro , 326 Siena Drive ; Ron Kuhr , 324 Siena
Drive ; Mary M . Kuhr , 324 Siena Drive ; Constance H . Shapiro , 326 . Siena
Drive ; Frank B . Miller , 205 Texas Lane ; Charlene A . Miller ., 205 Texas -
Lane ; Lorraine B . Chase , 210 Texas Lane ; Stephen W . Chase , 210 Texas
Lane ; Marilyn Wasserman , 207 Texas Lane ; R . H . Wasserman , 207 Texas
Lane ; S . A . Philbrick , 117 Texas Lane ; Mark J . Hamlet , 322 Siena Drive .
�f Acting - Chairman Aron declared the meeting duly opened at 7 : 35 p . m .
PUBLIC HEARING : SITE PLAN REVIEW FOR STORAGE ADDITION TO SAM PETER
BUSINESS PREMISES AT 1083 DANBY ROAD , TOWN OF ITHACA TAX PARCEL NO .
6 - 43 - 1 - 5 . S . PETER .
Acting - Chairman Aron declared . the Public Hearing in the above It
-
noted matter duly opened 'at 7 : 35 p . m . The Town Clerk ' s Affidavit of
Posting and Publication of the Notice of Public Hearings in Town Hall
and the Ithaca Journal on December 12 and December 14 , 1978 , respective -
ly , together with the Secretary ' s Affidavit of Service by Mail of said
Notice to the various neighbors of subject property and to Mr . and Mrs . ,
Sam Peter , were presented and entered into the- record .
Mr . Peter stated that he is requesting approval for the construc -
tion of a 36 ' x 81 ' storage building to be located approximately. 40 '
to the east of his presently existing store . He stated that it will .
be a Morton metal building . and he has submitted a - floor plan _ to Mr .
Fabbroni ; it will not be heated . Mr' . Peter stated that a variance to
place the building 10 ' , from the vacant lot has been . granted by the
Zoning Board of Appeals .
Mr . Aron read the Resolution unanimously adopted by the Zoning
Board of Appeals on December 8 , 1978 :
" RESOLVED that the Zoning Board of Appeals of the Town of Ithaca
s grant and hereby ' does grant the Appeal for variance of Sam and . Ruth .
Peter , Appellants , to allow for the construction of a storage building
to within ten feet ( 101 ) of the easterly lot line of Town of Ithaca Tax
Parcel No : 6 - 43 - 1 - 5 , 1083 Danby Road , Ithaca , New York , said storage
building being a metal building 36 ' wide and 81 ' long , and . .
Planning Board - 2 - December 19 , 1978 "
BE IT FURTHER RESOLVED , that such granting of variance be and .
hereby is subject to the granting of site plan approval by the Planning
Board of the Town of Ithaca .
Mr . Aron noted that the members of the Planning Board had in hand -
the documents sent to them by the Secretary - - Appeal Form , Building
Permit Application and attached Plot Plan ,
Mr . Aron asked if there were anyone present who wished to speak to
this matter from the floor . There was no one present who wished to
speak for or against this matter
Acting - Chairman Aron declared the Public Hearing in the matter of
Site Plan Review for addition to Sam Peter business premises duly closed .
Mr . Aron asked if there were any questions from the Board .
Mr . Fabbroni stated that there were two questions to be answered
for the record . He stated that with the size of the building proposed ,
he would like to hear from Mr . Peter as to what his present parking
requirements have been for the present building . He noted that there
should be 15 more spaces for the new building . He also noted that
drainage runs from behind the new building to the east side .
Mr . Peter stated that parking was no problem because they have
sufficient parking for 65 cars . He stated further that between these
two buildings there will be a 30 ' - 40 ' space 120 ' long that they could
use for additional parking , if necessary . Mr . Peter stated that the
drainage will now be improved greatly because previously he had drainage
problems where water ran down into the existing building . He said that
he had graded and cleaned up the lot and it now drains four ways into
both King Road ditches and the ditch at the east side of the building .
He said that they had cleaned out the ditch also on both King Roads .
Mr . Aron asked Mr . Fabbroni if he had inspected the drainage since
Mr . Peter cleaned up the lot . Mr . Fabbroni said that he had not . Mr .
Peter said that Mr . Fabbroni had not seen his property since he cleaned
it up , and added that it had come out super . He noted that . there is
natural drainage to the new King Road .
Mr . Fabbroni stated that 65 spaces would meet the parking require -
ments for the old and the new building . Mr . Peter added that there is
65 ' of paved parking area and also a 40 ' wide strip of dirt area .
Mr . Aron noted that a variance has been granted allowing placement
of the proposed building to within 10 ' of the lot line .
MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . Bernard
Stanton :
RESOLVED , that the Planning Board of the Town of Ithaca grant and
hereby does grant site plan approval for a metal -storage building , 36 '
x 811 , to be located approximately ten feet ( 101 ) from the easterly lot
line of Sam Peter business premises , 1083 Danby Road , Tax Parcel No . 6 -
43 - 1 - 5 , as presented to said Planning Board December 19 , 1978 .
There being no further discussion , the Chair called for a vote .
Aye - Aron , Bronfenbrenner , Mackesey , Stanton , May , Grigorov , Baker .
Nay - None .
Planning Board - 3 -
December 19 , 1978
The MOTION was declared to be carried unanimously .
APPOINTMENT OF PLANNING BOARD MEMBER TO TOWN OF ITHACA PARK COMMITTEE .
Mr . Aron stated that Supervisor Desch had asked at the last Town
Board meeting that the Planning Board have a member of that Board
selected ' as an appointee to the Town Park Committee .
Mrs . Bronfenbrenner asked when the Committee meets ? Mr . Fabbroni
stated that they have been meeting mostly at 5 : 15 p . m . as a matter of
convenience to the members and not on a regular set day of the month .
After discussion , the Board agreed that they were not prepared to
designate a representative to the Town Park Committee at this time .
PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR
13 LOT SUBDIVISION BACKLOT OF TEXAS LANE AND SIENA DRIVE ; 9 LOTS IN THE
TOWN OF ITHACA , TOWN OF ITHACA TAX PARCEL NO . 6 - 71 - 1 - 9 . I . JONSON .
Acting - Chairman Aron declared the Public Hearing in the above - noted
matter duly opened at 8 : 00 p . m . and read the Notice of Public Hearing as
stated above . The Town Clerk ' s Affidavit of Posting and Publication of
the Notice of Public Hearings in Town Hall and the Ithaca Journal on
December 12 and December 14 , 1978 , respectively , together with the
Secretary ' s Affidavit of Service by Mail of said Notice to the various
neighbors of subject property and to I . J . Construction Co . , Inc . , were
presented and entered into the record .
Mr . Aron stated that the Planning Board will be talking tonight
about the proposed lots that are situated in the Town of Ithaca and not
those that are situated in the Village of Cayuga Heights and the Board
will concentrate on those parcels of land . Mr . Aron stated that he
would like to point out to the public some things that would help them
understand the processes of preliminary subdivison approval hearing ,
final subdivision approval hearing , site plan approvals , etc . Mr : Aron
proceeded to explain in detail the various stages in the subdivision
approval process stating that preliminary subdivision approval may be
granted after public hearing and public input , discussion , recommendations
from the Town Engineer , presentation of maps , plans , roads , lot lay - out
etc . , and then final subdivison approval may be granted upon the presen -
tation of detailed maps , details of water and sewer services , drainage ,
Health Department approval , further discussion , ordinance requirements
again , etc . , and then site plan approval after final subdivision hearing .
Mr . Aron stated that the Board has had a number of discussions on
this matter , to wit , ' a discussion meeting on _. November 7th and a public
hearing on November 21 , and so , in order not to have another inordinately
long meeting , he will ask those persons wishing to be heard to stand and
address the Board , stating their name and address , and present factual
material as briefly as possible . He stated that he hoped that persons
wishing to be heard would not repeat all that had been presented at the
November 21st hearing and the November 7th meeting .
Mr . Aron reminded those present that on November 21 , 1978 , he had
appointed a committee of four members of the Planning Board plus the
Town Engineer to visit the site of the proposed development with a
. topographical map in hand and go over the site . He stated that he
had asked for a report from the members and he stated that he has their
Planning Board - 4 - December 19 , 1978
report here tonight as compiled from each individual report by Mr .
Fabbroni . ' Mr . Aron reported that at, the same time he wrote a letter
on November 28 , 1978 , to the Hon . Fred G . Marcham , Mayor of the Village
of Cayuga Heights , as follows :
" Hon . Fred G . Marcham , Mayor . . . . . Re : . 13 - Lot Subdivision Proposal " off
Texas Lane , 9 Lots , Town of Ithaca ; 4 Lots Village of Cayuga Heights ,
Ivar Jonson , Developer .
Dear Mayor Marcham :
At the November 21 , 1978 , meeting of the Town of Ithaca Planning
Board , attended by your representatives , Trustees Philbrick and Anderson ,
the discussions of the Texas Lane development were adjourned with - no
official action taken by the Planning Board . As Acting - Chairman , I
appointed a committee of four members of the Planning Board , together
with the Town Engineer , as an ad hoc committee with the charge that
upon the receipt of the detailed topographical map , the ad hoc commit -
tee is to look into the reasonableness of the drainage scheme proposed
by the developer , on site .
I asked your representatives at that meeting to contact you in
order that you may appoint four residents of Texas Lane to render a
factual report of their findings on the feasibility of the development
of a subdivision off Texas Lane , and , to have their report ready for
me and the members of the Planning Board at their earliest convenience .
Please have one member of your committee contact Mr . Fabbroni for a
topographical map .
At this time , I would like to invite you and the members of the
Village Board to meet with the Town of Ithaca Planning Board , informally ,
to discuss common interests and concerns . We are meeting on December
5th and December 19th at 7 : 30 p . m . in the Ithaca Town Hall . Please
advise when you will be able to meet with us .
Thank you for your cooperation and interest in this matter of
mutual concern to both municipalities . "
Mr . Aron stated that he was sorry to report that as of this minute
he has neither received a written reply nor a telephone call from His
Honor , the Mayor of the Village of Cayuga Heights . Mr . Aron stated
that the Board will now continue with the report that the members of
the Planning Board have rendered to the Chair .
Trustee Shailer Philbrick spoke from the floor and stated that the
report is in his briefcase waiting to be presented to the Planning
Board . Trustee Philbrick asked if he may have the floor . Mr . Aron
granted Trustee . Philbrick the privilege of the floor .
Mr . Philbrick thanked the Board for their kindness in letting him
speak at . this time noting that he had left a meeting of the Southern
Cayuga Lake Intermunicipal Water Commission presently underway on the
first floor .
Mr . Philbrick stated that the Village of Cayuga Heights is con -
cerned with having this proposal go ahead as presented . He placed on
the wallboard a map of the Fire District of the Village of Cayuga
Heights which district includes part of the Town of Ithaca . Mr .
Philbrick stated that the Village is happy to serve the Town of Ithaca
Planning Board - 5 - December 19 , 1978
in a cooperative way . Mr . Philbrick noted that in nearby apartments
there are 425 units and that a lot of traffic is being generated there -
from , The density is particularly high at Warren Road and Route 13 .
Mr . Philbrick stated that what he would like to do is give the
Board one more bit of stuff to show how the Siena Drive access could
be developed without loss to the Town , the Village and the developer .
He distributed to the Board the Preliminary Subdivision Map , Town of
Ithaca , Ivar Jonson - Owner - Developer , prepared by Ivar Jonson and
presented as the topographical map requested by Mr . Aron , and upon which
Mr . Philbrick had drawn in various colors a suggested alternative
subdivision plan . Mr . Philbrick ' s map is hereby attached to the Official
Minutes of this meeting and filed in the Official Minute Book of the
Planning Board .
Mr . Philbrick pointed out to the Board that he shows on his proposal
two green spots which represent the 54 " oak tree and the 46 " hemlock
tree which everyone wants to protect . He noted that the Town is
requiring a park area which was proposed by the developer . Mr . Philbrick
stated that he proposes a feasible road , the cut and fill would be
ridiculously small , and access to Texas Lane would be unnecessary . His
plan shows standard lots or greater and the end result would be the
same number of nine lots in the Town of Ithaca .
Mr . Philbrick ' s comments were related directly to the report he
stated earlier that he had brought to this meeting . Such report is
dated 19 December 1978 and is directed to the Town of Ithaca Planning
Board under Mr . Philbrick ' s name , the subject being : " Preliminary
Subdivision Approval for 13 - lot Subdivision Backlot of Texas Lane and
Siena Drive , 9 lots in Town of Ithaca , Town of Ithaca Tax Parcel No .
6 - 71 - 1 - 9 ( 4 lots _+ in Village of Cayuga Heights , Village of Cayuga
Heights Tax Parcel No . 5 - 3 - 15 . 2 , part of ) . I . Johnson . " Mr . Phil -
brick ' s report is also attached to the Official Minutes of this meeting .
Continuing to read from the report and comment thereon , Mr . Philbrick
stated that the sewer problem now comes into play . He stated that the
Village of Cayuga Heights is not interested in anything but gravity
sewage . He stated that if pumping were to be involved it would have to
be an utterly reliable pumping set up . Mr . Philbrick stated that the
matter of appropriate handling of sewer lines and this report was dis -
cussed at a regularly scheduled monthly meeting of the Village of
Cayuga Heights , an open meeting , held last evening , December 18 , 1978 .
He stated that the pump station approach must be delicately engineered . .
He noted that it was unanimously considered , in particular , for their
sewerage to move down in this form through the Village of Cayuga Heights
would just not be tolerated unless de licately _. engineered and utterly
reliable . Mr . Philbrick discussed the addition of a right of way to
the Texas Lane sewer which runs along the north line of the property .
Mr . Philbrick pointed out that the lower lots are in the Village of
Cayuga Heights and probably those lower lots sewer lines must traverse
private property and that is a problem for the developer . He noted that
the topography of Mr . Kubota ' s land is favorable . Mr . Philbrick sugges -
ted that if that land were obtained by the developer on a fee basis and
using standard lots in terms of width , the developer ends up with not
four but with five lots in the Village plus the opportunity for sewage
out to Texas Lane .
Mr . Philbrick completed the reading of the report of the Village of
Planning Board - 6 - December 19 , 1978
Cayuga Heights in its entirety .
® Mr . Aron read the report of the Planning Board members as follows :
" Proposed Ivar Jonson Subdivision Off Texas Lane "
" FIELD REPORT OF PLANNING BOARD "
" A condensation of reports submitted by James L . Baker , Pat Mackesey ,
Carolyn Grigorov , and Jonathan Bradley . "
" ( Compiled by Lawrence P . Fabbroni ) "
" After walking the land proposed to be sub - divided with detailed
topographic maps and lot layout available to us , we make the following
observations , points of - fact , and conclusions :
( 1 ) Drainage , if handled as proposed to a ditch behind lots 6 , 71
and 8 and south to the stream , could actually be improved over the pre -
sent situation homeowners face .
( 2 ) While the land is obviously not a bog or swamp , there is
surface :water and ground water which must be carefully controlled in
developing lots 1 , 2 , and 9 .
( 3 ) Inadequate drain pipes , poorly graded lots , and house eleva -
tions with respect to drainage courses and holding areas would appear
® to have contributed to many if not all of the water difficulties expres -
sed by neighbors in earlier meetings .
( 4 ) Lots proposed are large and there are natural clearings
suitable for house sites that would allow maximum retention of existing
trees and ground - cover and minimize increased run - off due to development .
( 5 ) The knoll with the huge white oak and hemlock is a fine choice
for park land to maintain the wooded character of the existing land -
scape .
( 6 ) The entrance to development from Texas Lane , if placed to the
eastern side of the right of. way , but west of the row of tall ever -
greens should not have a severe effect on either side properties .
( 7 ) Property values and character of the neighborhood should not
be adversely affected by nine ( or thirteen ) houses in the $ 70 , 000 to
$ 80 , 000 range on large lots , and a measure of privacy will remain .
( 8 ) Traffic will be somewhat increased , but not drastically if
no exit to Sienna Drive is put in .
( 9 ) Detailed drainage swales and direction of flows should be
shown on final drawings to transmit run - off from knoll and cul de sac
past and through lots 3 , 4 , 6 , and 8 to the creek .
® ( 10 ) Consideration should be given to cleaning out the old ice
pond for use as a holding area during heavy run - off of the south stream . "
Mr . Fabbroni wished to note for the record in regard to the
report read by Mr . Philbrick and commented on also by him , that since
Planning Board - 7 - December 19 , 1978
Mr . Anderson , also a Village Trustee , is still here , he would like to
clarify that this report was agreed to , at least in concept , by the
Village Board of Trustees . Mr . Anderson stated that the Village Board
of Trustees has not adopted it formally , but it is a summary of what
they said last night and it has been reviewed by the Mayor and he ( Mr .
Anderson ) thinks it is a fair consensus of what they ( the Village Board )
did last night .
Mr . Aron referred again to the report from the Planning Board
members and Mr . Fabbroni pointed out those places referred to therein
on the wall map .
Mr . Mackesey stated by way of further clarification of item ( 3 )
of said report , that item ( 3 ) refers to the people who have been
speaking , the Texas Lane people that is , and who have brought up the
matter of water in the basements .
Mr . Aron announced that this completes the report of his committee .
Mr . Aron reported that Mr . Fabbroni , as Town Engineer , had prepared his
own report on the proposed development , and that he would now proceed to
read it to those present .
" REPORT OF THE TOWN ENGINEER CONCERNING PRELIMINARY SUBDIVISION MAP OF
IVAR JONSON "
Drainage
A portion of lots 3 and 8 , the park area , all of . lots 1 ,
2 , and 9 , and approximately two and one half lots developed on
Sienna Drive now drain to the Keller , Kuntz , Thorp rear lot area .
The drainage proposed by the developer would reduce the area drain -
ing - to these rear lots to lot 1 and 9 and one developed lot on Sienna
Drive . The increased runoff from , lots 1 and 9 and the roadway front -
ing these lots should be more than offset by the decrease in drain -
age area in this direction . The present situation , though caused by
poor grading practices at the time the homes were built could be
greatly improved if the stones hand placed at the head of a six - inch
drainage culvert were removed .
The bulk of the drainage will flow to the south stream on
the property in question . This stream serves a drainage area 225 -
+
acres in size starting in the Town of Dryden , connecting with a
storm sewer along Hanshaw Road , flowing as an open stream from
Blackstone Avenue to Triphammer to the west . The additional runoff
from half acre wooded lots from a development 8f acres cannot
appreciably change the flow or the capacity characteristics of the
existing culvert under Triphammer Road . The development of the
old ice pond as a holding area will help this development approach
a theoretical net effect in runoff of zero .
Finally , in recognition of the drainage problems and con *
cerns expressed at earlier meetings two facts should be recorded .
The stream running to the north side of Texas Lane will not directly
drain the land being subdivided . Lots 1 and 9 will eventually drain
to thisstream but as stated before the net effect should be less
runoff .
Planning Board - 8 - December 19 , 1978
Care should be used in grading lots 1 and 9 to properly
drain those building lots to build .- in a holding capacity for the
® drainage ditch , and to maintain a minimum . 5 % fall to that drainage
ditch .
Access and Traffic
If thirteen lots were eventually developed , the total
projected traffic increase by worst projections would be 130 more
cars a day , 13 cars per hour if all distributed over the highest
10 traffic hours of the day , or roughly one more car every five
minutes .
From a planning standpoint this is a minor addition to the
traffic load of any street . Distribution of traffic is fairly uni -
form in the peak hours of travel in the morning and afternoon . It
is safe to assume that a maximum of six additional cars will require
access in any highest fifteen minute period of the day .
Based on the above , traffic load is not an over - riding
consideration when comparing Texas Lane and Sienna Drive access
alternatives .
From a blind planning viewpoint , an access from both streets
would be beneficial to local circulation problems . However , given
the public input and weighing that against the real necessity , one
access is sufficient . It is only in times of tragedy , e . g . tornadoes
or fires that the second access is as human a consideration as privacy ,
children in the streets , parks , etc .
From a topographic viewpoint , the cut and fill areas are
kept to a minimum by the access proposed from Texas Lane . A by -
product is that the existing ground - cover and mature stands are
preserved . The only option from Sienna Drive would appear to
involve extensive cutting and filling , taking of the mature and
oldest trees , or to create a series of tight curves . with natural
drainage right through the middle of building lots .
• It is with the topographic viewpoint , location of the
proposed park , expressed concern for woodsy character , and minimal
impact on existing homes that I recommend the access as proposed ..
from Texas Lane . Both alternatives could involve Town and Village
segments so maintenance responsibilities are of little consequence .
Sewer
Final plan and profile of sewer should be developed and
approved by the Health Department for the - final- subdivision hear -
ing . Preliminary grades show the potential for developing minimum
. 4 % grade required .
Planning Board - 9 - December 19 , 1978
Water
Waterlines should be 8 " minimum and provide a loop from
Texas Lane to Sienna Drive . This will improve the quality of ser -
vice to the new homes proposed as well as -to existing .homes _ on
Texas . Lane . Health Department should also approve these -plans
for final . subdivision hearing .
Roadways
Shall be in accordance with Town Highway specifications .
The entrance . drive should be as close as practical to the exist -
ing tree line without environmentally disturbing them . This will
preserve a natural screen for the house to the east while putting
a maximum distance between road and house to the west .
Zoning and Land Use
The zoning map and comprehensive plans of the Town both
show this land . -as . residential land as is proposed . . Thetefore , - it
is in keeping with the officially adopted plans governing -develop -
ment in the Town - - of Ithaca .
Mr . Fabbroni stated that his report relates to the plans as pro -
posed by Mr . Jonson . Mr . Fabbroni stated that he would like to add a
comment on traffic and referring to Winthrop Drive and Triphammer Road
specifically , during his traffic study of the Northeast area he found
® that in the afternoon hour , which is the highest period of traffic on
Triphammer Road , 56 cars were trying to get out of Winthrop within an
hour . Mr . Fabbroni noted that the biggest confusion was the lack of a
turning lane on Triphammer to turn left onto Winthrop and cars may have
to wait a minute or two to get out of Winthrop .
Mr . Aron stated that the developer , Mr . Jonson , will now take the
floor .
Mr . Jonson stated that he is here again before the Planning . Board
to ask for subdivision approval for his proposed development off Texas
Lane . Mr . Jonson displayed a 1951 map of Texas Lane when the Texas
Lane subdivision was first started . He also showed a map of October 4 ,
1955 , which was the second part of the Texas Lane subdivison and which ,
he stated , clearly shows two roads going in . Indicating on such map ,
Mr . Jonson stated that his road is like this .
Mr . Jonson referred to the Petition from the Texas Lane residents
opposed to development which was presented November 7th , 1978 , and
which also stated opposition to a through street , i . e . , two accesses .
Mr . Jonson set up before the Board and the residents a mock - up of the
proposed development and stated that this is a " picture " of what he is
proposing . He stated that he is asking to go into his proposed develop -
ment from Texas Lang. . Mr . Jonson noted that the question of traffic has
® been spoken about by Mr . Fabbroni .
® Mr . Jonson noted that everybody told him at the meetings that this
property was not for sale , or that they , the residents , were unable to
purchase it . He stated that he had documents which show that on June
82 1978 ) it was listed on Multiple Listing and that it was also up for
sal.e.in,,19.76,,.a44� o., �hef,, purchased it .
Planning Board - 10 - December 19 , 1978
Mr . Jonson stated that his proposal is in compliance with the
ordinance and he asks for preliminary approval at this time . Mr .
Jonson noted again that he is in compliance .
Acting - Chairman asked for comments from the public if they have
anything new to add to what the Board has heard tonight , or previously ,
for or against this proposal .
Mr . Harry Keller , 213 Texas Lane , informed the Board that he had
appealed today against the issuance of a Building Permit for the con -
struction of new home next to his home by Mr . Jonson . He stated that
he has a case under abandoned land or possibly under adverse possession .
Mr. . Keller cited Section 77 , paragraph 7 , part ( d ) of the Town
Zoning Ordinance , as follows :
" The proposed use shall not be detrimental to the general amenity
or neighborhood character in amounts sufficient to devaluate neighbor -
ing property or seriously inconvenience neighboring inhabitants . "
Mr . Keller questioned the expert opinion by the Planning Board that
property values would not be devalued .
At this point , it was noted for the record , that an Appeal taken
before the Town of Ithaca Zoning Board of Appeals by Mr . Keller on
December 8 , 1978 , was denied , as follows ( excerpt ) :
05 : 45 P . M . PUBLIC HEARING : APPEAL OF HARRY R . AND JEAN M . KELLER ,
APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR
GRANTING PERMISSION TO CONSTRUCT A SINGLE FAMILY HOME ON
PARCEL NO . 6 - 71 - 1 - 9 WITH ACCESS TO TEXAS LANE BETWEEN 213
AND 215 TEXAS LANE , ITHACA , N . Y . PERMISSION GRANTED FOR THE
STATED REASON THAT THE ISSUANCE OF SUCH PERMIT IS IN ACCOR -
DANCE WITH SECTION 75 OF THE TOWN OF ITHACA ZONING
ORDINANCE .
MOTION by Mr . Peter Francese , seconded by Mr . Edward W . King :
RESOLVED , that the Appeal of Harry R . and Jean M . : Keller , Appellants
from the decision of the Building Inspector granting permission to construct
a single family home on Parcel No . 6 -771 - 1 - 9 with access to Texas ' Lane
between 213 and 215 Texas Lane , Ithaca , N . Y . , be and hereby is denied by
the Zoning Board of Appeal-s of the Town of Ithaca , for - the , following rea -
sons : -
( 1 )
ea -
sons : -( 1 ) That the single dwelling proposed for construction 'Jupon said lot
is completely in compliance with the Zoning Ordinance of the Town
of Ithaca ;
( 2 ) That the construction of this single dwelling doesnot force the
Planning Board of the Town of Ithaca to accept either an entrance
® to the proposed development _ from Texas Lane or .from Siena Drive ;
( 3 ) That the construction of this single dwelling does not preclude the
Planning Board of the Town of Ithaca from denying the . "entire . develop .
ment and allowing only the subject .single dwelling : to : be =_built .
Planning Board - 11 - December 19 , 1978
( 4 ) That the denial of the Appeal of Harry R . and Jean M . Keller ,
Appellants , does not change the status quo insofar as the - Planning
Board of the Town of Ithaca is concerned .
There being no further discussion , the Chair called for a vote .
Aye - Francese , Hewett , King , Austen , Reuning .
Nay - None .
The' MOTION was declared to be carried unanimously .
Air . Keller stated that he has appealed for a re - hearing and that he
may have certain rights to that strip himself .
Mr . Keller asked to have entered into the record a letter addressed
to him from Connie Lewis Real Estate , dated December 8 , 1978 , being the
same letter submitted to the Zoning Board of Appeals on December 8 , 1978 )
as follows :
" Mr . & Mrs . Keller
213 Texas Lane
Ithaca , New York 14850
Dear Mr . & Mrs . Keller ;
At your request I have reviewed your property at 213 Texas Lane
for the purpose of establishing its Fair Market Value .
The property is a Tri - Level house of frame construction consis -
ting of living room , dining room , family room , three bedrooms , 2 - 1 / 2
baths , 1 car garage , located in a prime residential area in the North -
east section of Ithaca . It is my opinion that Fair Market Value of the
described property is $ 68 , 000 . 00 .
( sic . )
Should a road - way be built ajoining / the subject property as pro -
posed in sub - division development plans submitted the the ( sic . ) Town
of Ithaca and the Village of Cayuga Heights planning boards . ( sic . ) It
is my opinion that the Fair Market Value would be $ 63 , 000 . 00 .
Fair Market Value is defined at the highest price , in terms of
money , which a property will bring , if exposed for sale on the open
market and allowing a reasonable time to find a purchaser who buys
with knowledge of all uses to which it is adapted and for which 'it is
capable of being used .
Respectively ( sic . ) Yours ,
( sgd . ) Constance Lewis
Constance Lewis , G . R . I
C . R . S
Licensed Real Estate
Broker "
Mr . Keller addressed Mr . Aron and stated that he should enforce
the Zoning Ordinance according to Section 77 , paragraph 7 , part ( d ) ,
particularly . Mr . Keller suggested that other property owners in the
i` c' n i ty^�s houl d� a•1•so�get�s imi-�ar�op in o ns^�-fxrom.�appr-a icer-sem
Planning Board - 12 - December 19 , 1978
Mr . Jonson asked the Board if it would be alright to ask what Mr .
Keller paid for his home . Mr . Keller said he paid $ 57 , 000 . about a
year ago , and now it is worth only $ 63 , 000 . if the roadway is built
past his bedroom and he has lost $ 5 , 000 .
Mr . Keller stated that in a general way he would comment on Mr .
Fabbroni ' s report wherein his drainage report says that the lots are
low one minute and one minute high . Mr . Keller stated that these lots
would be sloped at a 1 % declination towards the stream and with 100 '
lots with lines 2 ' from the surface of the ground , how would sewage
go out when it freezes ?
Mr . Fabbroni commented that one has to look at the whole topo
following the Swale . He noted that drainage is going south and sewage
is going north .
Mrs . Charlene A . Miller , 205 Texas Lane , stated that she thought
that what she had to say was new information . She said that their
initial concern was a petition to the Board and the other parties
concerned on information that they had obtained , perhaps erroneously ,
that there was to be a through street . She stated that had they known
they would have based their petition differently and now they are
begging the Board to deny Mr . Jonson ' s proposal .
Mrs . Lorraine B . Chase , 210 Texas Lane , asked Mr . Fabbroni if his
traffic report was done before Pyramid ? Mr . Fabbroni stated that it was ,
but it was done at a time when the traffic cutting through from Warren to
® Triphammer would have been more than what you would expect now ; the inter - -
He noted that Triphammer has changed , Winthrop has remained steady .
Mrs . Chase commented that Winthrop was relevant to Texas Lane and Mr .
Fabbroni agreed as far as amount of difficulty noting that if you are .
coming into Texas Lane you do not have a protected spot to wait . Mr .
Fabbroni said that given the localized street that " it was , , a dead end ,
it was no more difficult than getting out on Winthrop . Mrs . Chase
reminded Mr . Fabbroni of the curves on Triphammer and that people with
some expertise , including Chief Harlin McEwen of the Cayuga Heights
Police , have expressed their concerns to him .
Mr . Aron interjected that Mr . Fabbroni is a graduate with his
Master ' s Degree in traffic from Purdue University .
Mr . Don Gates , 104 Texas Lane , stated that he would like to speak
to facts only . Mr . Gates asked if it had been established how the
developer proposes to remove the waste water from the development - -
where will he enter the existing sewage system .
Mr . Jonson stated thatrhe would bring it out the right of way ,
downhill . Mr . Gates asked if that would be a gravity flow ? Mr . Jonson
noted that the sewer details will be worked out by an engineer . In
response to inquiry , Mr . Gates stated that he is an engineer , a sanitary
engineer . Mr . Gates noted that if the lines are 4 ' deep , he would like
to see how the developer is going to run a sewer by gravity - - he has to
® drain his lowest lot . Mr . Jonson said that the lowest lot is high
enough .
Mr . Fabbroni stated that there is no question that the developer
can run the lines by gravity flow . Mr . Gates asked if Mr . Fabbroni or
es? Mr Gates sai'"d`"`�`ha �`he wo T Moll ke ogo on record`
Em
change was in use .
Planning Board - 13 - December 19 , 1978
as challenging the feasibility of this proposed approach to sewering .
Mr . Gates asked if Mr . Jonson has discussed this engineering with the
® Village ? Mr . Jonson said that they have not talked with the Village
Board yet , only the Town . He stated that his proposal is to pump if
necessary and it is up to the Health Department .
Mr . Gates stated that the committee report suggests that the
problem of adverse impact that would result to Mr . Keller as a result
of a road between him and Moynihan ( Maureen Schmitt , 215 Texas Lane )
could be taken care of by locating the road to the north side of the
right of way . He noted that the right of way if 501 , is it not ? He
asked if the engineer and the Board consider it reasonable to cut a road
through there which would not be centered in the right of way ?
Mr . Aron interjected that it is important to the discussion to
have it clear whether the 50 foot strip of land is a right of way , an
easement , or a piece of land owned by Mr . Jonson . Mr . Jonson stated
that the 50 feet of property between Keller and Schmitt is a piece of
land owned by him 50 ' wide . Mr . Jonson stated that roads aret. . usually
20 ' wide with 5 ' shoulders each side , leaving 10 ' each side .
Mr . Fabbroni pointed out that it would not require the full 50 '
to develop the road and that it is possible to offset the road in the
right of way . Mr . Gates asked if the Town would accept a 50 ' road ?
Mr . Fabbroni stated that the policy of the Town Board right now is that
rights of way shall be 60 ' wide . It has been the policy of the
Planning Board that 50 ' rights of way that already exist as access to land !
® would be accepted as a legal right of way insofar as possible . Mr .
Fabbroni said that he believed this approach to have been in effect
since perhaps 1972 and added that the rights of way that were set aside
from earlier subdivisions were accepted to a minimum of 50 ' which is
the minimum that the Town can accept by law .
Mr . Ralph Varn , associate with I . J . Construction , stated that he
wished to point out that the 4 ' depth on the sewer that Mr . Gates was
speaking about is really 5 - 1 / 2 ' , not 41 . Mr . Varn proceeded to outline
the sewering approach on the map in the area of the Texas Lane cul de
sac .
Mr . Gates stated that he will , accept the 5 - 1 / 2 ' statement if some -
one has run off the grades and that is established . However , he pointed
out that 4 ' or 5 - 1 / 2 ' does not change his argument with regard to the
necessity of pumping - - either pumping up through the Cayuga Heights
lots or go out through the other end .
Mr . Jonson stated that detailed engineering drawings of sewer and
water must be presented to the Board and to the Health Department and
that he is hereto obtain preliminary subdivision approval in order to
proceed with such drawings and final subdivision approval .
Mr . Arthur Ruoff , 216 Texas Lane , asked with regard to the comment
just made by Mr . Fabbroni about roadways , that the ordinance does say
® 60 ' minimum right of way in level terrain . He asked if the Town Board
has passed a law which says with regard to 50 ' strips that pre - existed
t-hey will be accepted ?- He repeated , has the Town passed an ordinance
saying that ?
n
,
( Planning Board - 14 - December 19 , 1978
Town Attorney Buyoucos clearly stated that the Town will not accept
a road that is not legal to accept .
Mr . Fabbroni said that he can only speak from what the standard
practice has been and noted that since this policy was enacted the Town
itself has built two roads that were formerly private and accepted them as
50 ' roads , and as a matter of practice the Planning Board has accepted
50 ' widths . Mr . Fabbroni , in answer to Mr . Ruoff ' s direct question , said
that he does not know of any specific resolution on the books .
Mr . Ruoff continued and noted that the home proposed to be con -
structed next to Mr . Keller was described by Mr . Jonson , using 1978
figures , as in the $ 70 , 000 bracket and he ( Ruoff ) had just been passed
a copy of Mr . Jonson ' s building permit application which shows the house
at $ 40 , 000 . Mr . Fabbroni pointed out that the building permit application
asks for the construction costs of a proposed building and does not ask
for all the costs such as water , sewer , etc .
Mr . Ruoff asked if the sale of the land to Mr . Jonson was recorded
in the ' County Court House , Mr . Jonson stated that it sure is . Mr . Ruoff
questioned that statement and Mr . Jonson stated that the land is paid for
and that is all he knows .
Mr . Keller stated that since he has $ 5 , 000 to lose should the Board
grant preliminary subdivision approval , he would strongly recommend and
ask that this Board not make any moves to grant such approval . Mr .
Keller stated that he is opposed to the development of a freeway next to
® his home and running past his bedroom . He urged the Board to consider
the $ 5 , 000 devaluation of his home .
Mr . May objected to Mr . Keller referring repeatedly to a " freeway "
and that he personally considered the use of the word " freeway " as
inflamatory . He stated that we are talking about a road .
Mr . Philbrick stated that he wanted to reiterate what , he said before ;
the Village of Cayuga Heights is deeply concerned about making this
development go profitably for the developer and for both the Village and
Town and for people . He noted that he has given the Board a statement
approved by the Mayor of the Village . Mr . Philbrick stated that he
agrees with Professor Gates ' position , and added that the Village will
require specific plans and details .
Mr . Jonson stated that when he comes to the Village and . asks for
approval , he will have all the maps he needs .
Mr . Philbrick referred again to the January 1965 agreement for
sewage disposal between the Town and the Village , and stated that matters
involving the Village sewer operations go to the Village Board .
Mr . Fabbroni described the process the Town undertakes in such
matters and stated that the Town reviews the plan and profile and
construction details and then has the Village Engineer , on a technical
. basis , review and / or revise with regard to plans , utility , health codes ,
etc . , and to his knowledge there is no other review .
Mr . Philbrick urged that the Agreement be read again .
Mrs . Marina Todd , 217 Texas Lane , reported that the County Court
House officials informed her that it takes about 3 or 4 days for the
(` ., Planning Board - 15 - December 19 , 1978
recording of a deed transfer to take place after a property is deeded
over - - not two months . She stated that the deed recording of the
property supposed to have been purchased by Mr . Jonson was not there as
qW of last week . Mrs . Todd asked also about the 1950s maps shown by Mr .
Jonson and wondered in connection with the Town plan of development , how
often that plan is updated showing other subdivisions , etc . , and what
its effect is on the need for houses in the Town of Ithaca .
Mr . Fabbroni stated that the comprehensive plan is 18 years old and
the existing zoning ordinance was enacted in 1968 . He noted that a new
version of the ordinance is expected to be adopted in the coming year .
He stated that there are " open " areas in the Town .
Mrs . Todd asked who is responsible for seeing that the drainage
and the sewerage is done exactly according to specifications ? Mr .
Fabbroni stated that he . is . Mrs . Todd asked him . if he does that on the
spot ? Mr . Fabbroni stated that there are two phases involved in the
process : ( 1 ) Through the acceptance process of the road ( s ) that must
be accepted and the drainage insofar as it relates to the road culverts
and adjacent properties ; ( 2 ) Through final inspection of a house
approving drainage around the house as well . Mrs . Todd stated that the
Town has accepted " others " that did not meet the requirements .
Mr . Aron asked if there were any more questions from the public .
Mr . Aron asked if there were any questions from the Board .
Mr . Gates stated that he wanted the record to show that he challenged
the sewering scheme proposed .
There being no further questions from the public , Acting - Chairman
Aron declared the public hearing in the matter of preliminary subdivision
approval consideration , duly closed at 9 : 45 p . m .
Mr . Aron stated that the Board has received two petitions ; the Board
has heard from the Village of Cayuga Heights official , Mr . Philbrick ; the
Board has heard its own report on drainage and feasibility ; and the Board
has heard from the Town Engineer , Mr . Fabbroni . He asked if there were
any questions from the Board .
Mr . Stanton posed his question to Mr . Fabbroni and stated that with
the issue of sewage being so hot , did he ( Fabbroni ) see anything , at
least in the area called preliminary plans , to say that that the sewage
ca.n be reasonably moved out as Mr . Jonson suggests . Mr . Stanton wondered
if there were a difference of opinion between Professor Gates and Trustee
Philbrick , not about the Village of Cayuga Heights .
Mr . Fabbroni proceeded to describe in specific engineering terms
and relating . the same to the topo map and stated that at point 995 . 76 '
and noting a ground elevation of 1 , 000 ' at cul de sac and a 2 . 4 ' rise to
that location based on preliminary information , it is possible to sewer
to that point with adequate fill . Mr . Fabbroni noted that Mr . Jonson has
stated that he intended to fill the front parts of lot 4 , 5 , and 6 - to
meet that grade on the end of sewer line and has stated that it is pos "
sible to sewer the 9 lots in the Town . Mr . Fabbroni stated that there is
no question that these 9 lots can be sewered .
Mr . Stanton asked if . these requirements are met , there will be no
problem with the agreement with the Village ? Mr . Fabbroni stated that
these kinds of matters have been reviewed in the past with the Village
Planning Board - 16 - December 19 , 1978
•
Engineer and a lot of these " other considerations " never came into play .
Usually manholes , types of materials , etc . , are the matters discussed .
Mr . Aron asked of Mr . Fabbroni where all that surface water is - -
how is it going to be picked up - - and after it has been picked up where
does he recommend it go ?
Mr . Fabbroni stated that according to the plans shown and in walking
the land himself , most of the land slants back to the south . He said all
of the land in Cayuga Heights goes back to the south stream and the
drainage proposed here would pick up more that now goes to the north and
instead of draining to the Keller , Kuntz , Thorp rear lot area , bring it
to the south stream .
Mr . Fabbroni stated that as much as possible , the drainage should
come back to the area of the old ice pond and it should be utilized as
a small holding point ( to the rear of lot 8 ) to dampen any increased
runoff effect from this development . Mr . Fabbroni also wished to point
out that the huge area to the southwest of the land being proposed for
development - - meaning the area behind the Village Green and more - - is
absolutely no part of this land that is proposed for subdividing . Any
discussions of the flows in the storm sewer along Hanshaw Road and the
open stream from Blackstone to Triphammer and the existing culvert under
Triphammer must bear this in mind . He noted that the area is 5 ' to 10 '
below any elevation we see here . Mr . Fabbroni contested for the area
under discussion that use of the term " swamp " in previous discussions with
the residents and noted only this land behind • the Village Green would
probably be difficult to walk in at any time of the year .
Mr . Aron reviewed the discussions of the proposed road and cul de
sacs . Mr . Jonson stated that the road would be 50 ' wide . Mr . Jonson
noted that all nine lots in the Town of Ithaca would contain single
family homes but that the ordinance allows for single family homes to
have an apartment .
Mr . Aron asked if Mr . Jonson were proposing single family homes or
multiple family homes ? Mr . Jonson stated that he was constructing
• single family homes that could have an apartment in them .
Mr . Mackesey wished it - to be very clear that the proposed access to
this 9 lot subdivision is off Texas Lane .
Mr . Mackesey referred to the statement as to the value loss that Mr .
. Keller feels he may have if the property behind him is developed and
stated that he is also a licensed real estate salesperson and generally ,
in concept , in matters of this sort , a home of lower value surrounded by
more expensive homes will increase in value . He added that regarding
the matter of creating a corner lot out of Mr : ' Keller ' s property , remar -
king that he had , been up to the premises with the other members of the
Board , if the road is kept over to the side near the trees so as to
leave as much space as possible from the road and the side of his house ,
he ( Mackesey ) did not see how that can have , permanently , an effect on
the value . He stated that he thought that the value will go up . He
® stated that it will have a temporary devaluation during the time of con -
struction , but that the Board has to look at the matter in the long term ,
and noted that he was referring to the construction of the access road to
lots l and 9 - the first two lots there . Mr . Mackesey further stated
that the only other thing . that he would question , and added that he is
not really questioning it , is that if Mr . Keller could get $ 68 , 000 for
the house today , he would like to congratulate him - he got a very good
buy on his house at the time he bought it .
Planning Board - 17 - December 19 , 1978
Mr . May asked if it were appropriate to offer a motion at this
time ?
• Mr . Fabbroni stated that irrespective of how the land in . the Town
is subdivided and which road it has access from , the sewer problem for
the remainder of the lots will remain ; that technical problem will still
remain . It really does not affect the technical aspects of the Town
part ; it may have some relevance politically . He stated that reliable
pumping can serve the remaining land if gravity connection is not
available .
Mr . Stanton stated that he feels that the Board wants to keep this
good relationship with the Village , but it is also clear that sewage
flows by gravity or pumping .
• Mr . Aron pointed out that a performance bond may be in order .
Mr . Jonson wondered how � the value of a performance bond is determined .
Mr . Fabbroni stated that he did not understand . He stated that the
land in the Village of Cayuga Heights goes downhill from the lots in the
Town ; that land is going to go downhill regardless of how you break up
the lots in the Town . He stated that gravity will serve those lots in
the Town . He stated that what happens between the developer and the
Board in Cayuga Heights and should it be either gravity or pumping in
the Village , he ( Fabbroni ) does not see that it is of much concern to
us . He stated that this Board has provided access to the Village land ;
it is no longer landlocked . Mr . Fabbroni proceeded to explain the suffi -
cient grades evidenced by the topo map .
® Mr . Aron noted that that type of thing is what he had in mind when
he mentioned the possibility of a performance bond .
Mr . Buyoucos stated , after having reviewed the Agreement between
the Town and the Village of January 1965 with regard to sewage disposal ,
which both the Board and Attorney Buyoucos had asked the Secretary to
obtain from the Town files , that there is nothing that he has read here
that applies particularly to this matter at hand except as follows - -
( Mr . Buyoucos read from the Agreement ) :
( Term # 7 , page 4 ) " The Town agrees to comply with all rules and
regulations of the Village realting to sewer service and connections
thereto as now existing and from time to time amended . . . . "
( Term #9 , page 4 ) " Any construction of lines , mains , or laterals
any any connection thereto are subject to approval by the Village
engineer . "
Mr . Fabbroni recounted that at the time a subdivision is proposed
that involves the Northeast Sewer District area , e . g , Otto Schoenfeld ' s
development , Rocco Lucente ' s development off Salem Drive , the matter
goes to the Village in the following manner . Preliminary approval is
given by the Planning Board ; final plan and profile , drawings with
construction details , are looked over by him ( Fabbroni ) and brought to
® the Village Engineer for his approval and the Health Department for
their approval . The sewer . extensions are inspected by the Village
Highway Department under the supervision of Robert Terrell - - connections
are also inspected by the same person . He said that the sewer ordinance
would forbid a certain type of waste , commercial or industrial really , and
Planning Board - 18 - December 19 , 1978
not likely
/ residential . Mr . Fabbroni pointed out that for the last four and one -
half years , we have done this . He stated that it is a matter of
technical review - of grades , of types of material , of method of construc -
tion , more than it is of what the access is to the subdivision you are
considering .
Mr . Buyoucos said that in due . courtesy . to them ( the Village ) we
ought to consider anything they say . All agreed that that is and has
been their intent .
MOTION by Mr . Montgomery May , seconded by Mr . Bernard Stanton :
RESOLVED , that the Planning Board of the Town of Ithaca grant and
hereby does grant preliminary subdivision approval for a nine ( 9 ) lot
subdivision in the Town of Ithaca as proposed by Ivar Jonson of I . J .
Construction Co . , Inc . , on Town of Ithaca Tax Parcel # 6 - 71 - 1 - 9 , with
a single entrance to sudh proposed subdivision from Texas Lane as des -
cribed in the report of the Town Engineer to said Planning Board indica-
ting that said entrance drive should be as close as practical to the
existing tree line without environmentally disturbing them , said proposed
subdivision being set forth on map presented to this Board entitled
" Prelimenary ( sic . ) Sub - Division Map , Town of Ithaca , Ivar Jonson -
Owner - Developer " and sealed by Clarence Brashear , Jr . , Licensed Land
Surveyor , and , further
BE IT RESOLVED , that such preliminary subdivision approval hereby
granted is subject to the following conditions and / or requirements :
1 . The minimum grade of the drainage ditch shown on the preliminary
map shall be . 5ro or greater .
2 . The final design of the cross - section of said drainage ditch shall
be such that ensures that it has holding capacity in times of heavy
runoff .
3 . Final engineering drawings of the water and sewer lines shall
include : ( a ) Sewer : minimum . 4 % grade ; ( b ) Water : minimum 8 "
lines and provide a loop from Texas Lane to Siena Drive ,
4 . Final plans and profiles for sewer and water shall be developed
and approved by the Tompkins County Health Department for final
subdivision approval hearing .
5 . Since it would appear that the drainage courses are along the lot
lines , not clearly shown , they should be , such being a major area
of concern . Therefore , the final map shall show some scheme for
draining the water off the knoll area along . the lot lines as they
are shown on the preliminary map ; some scheme that the developer is
committed to , but with the understanding that if , during construc -
tion , some minor changes become necessary , such changes can be
handled at that point .
6 . Final typical roadway cross - section plan of exact location of the
proposed roadway , especially in the area of the two houses most
concerned , those of Keller and Schmitt on Texas Lane , shall be
required and show that proposed construction will comply with the
Town of Ithaca Highway Specifications , and further , that under
Section 277 of the Town Law , in the course of the surveying of the
lots , monumenting at the corner lots is required .
*' ,Planning Board - 19 - December 19 , 1978
7-. The design of water and sewer services must be in compliance with
the Tompkins County Health Department requirements , which are ,
among others : sufficient hydrants ; sufficient pressures for fire
flows ; sufficient number of manholes ; maximum spacing of manholes ;
sufficient valves ; sufficient grades ; it being clear that such
Health Department approval will not be forthcoming unless their
requirements are met .
8 . All of the foregoing shall be set forth to the reasonable satisfac -
tion of the Town Engineer and the Planning Board as set forth in
Town Law Sections 276 and 277 , as amended .
0 . MOTION by Mr . James Baker , seconded by Mrs . Liese Bronfenbrenner :
RESOLVED , that the Planning Board of the Town of Ithaca retire and
hereby does retire into Executive Session for approximately 15 minutes .
There being no further discussion on the Motion to retire into
executive session , the Chair called for a vote .
Aye - Aron , Bronfenbrenner , Mackesey , Stanton , May , Grigorov , Baker .
Nay - None .
The MOTION to retire into executive session was declared to be
carried unanimously .
Within fifteen minutes the Chair declared the discussions again open
to the public .
MOTION to amend the MOTION on the floor by Mr . Patrick Mackesey ,
seconded by Mrs . Liese Bronfenbrenner :
RESOLVED , that the preliminary subdivision approval heretofore
moved and seconded be and hereby is further conditioned upon compliance
with other general requirements for the subdivision of land as contained
in the Town of Ithaca Subdivision Regulations , except such as have been
waived by approval of this particular map " Subdivision Map Town of Ithaca
Ivar Jonson Owner - Developer , as received by this Board on December 19 ,
1978 , except such items relating to road and lot layout as shown on the
map .
There being no further discussion , the Chair called for a vote on
the amendment to the Motion , with the following result :
Aye - Aron , Bronfenbrenner , Mackesey , Stanton , May , Grigorov , Baker .
Nay - None .
The Chair declared the MOTION amending the Motion on the floor to
be carried unanimously .
MOTION by Mr . Montgomery May , seconded by Mr . Patrick Mackesey :
RESOLVED , that the entire Motion on the floor be and hereby is
® approved .
There being no further discussion , the Chair called for a vote on
the Motion before the Planning Board , as offered by Mr . May , seconded !
by Mr . Stanton together with the amendment unanimously approved by said
Planning Board - 20 - December 19 , 1978
Board .
Aye - Aron , Bronfenbrenner , Mackesey , Stanton , May , Grigorov , Baker .
Nay - None .
The Chair declared the MOTION granting preliminary subdivision
approval to the proposed subdivision off Texas Lane , Ivar Jonson , owner -
developer , to be carried unanimously .
ADJOURNMENT
Upon Motion , the Chair declared the December 19 , 1978 , meeting of
the Town of Ithaca Planning Board duly adjourned at 10 : 45 p . m .
Respectfully submitted ,
Nancy M . Fuller ,
Secretary .
r
AFFIDAVIT OF POSTING
TOWN CLERK ' S OFFICE
® ITHACA , No Y.
Is 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 to be held by the Planning Board of the Town
of Ithaca , on Tuesday , December 19 , 1978 , in Town Hall , 126 East Seneca
Street ( second floor ) , Ithaca , NY , commencing at 7 : 30 P . M . , as per
attached .
Location of sign board used for posting : Front Entrance to Town Hall
Date of Posting : December 12 , 1978
Date of Publication % December 14 , 1978
Edw L ; Bergen
Town Clerk
Town of Ithaca
State of New York
County of Tompkins SS .
Town of Ithaca /
Sworn to before me this day of ��� � 1/� �/ s 19��5 •
- 4. x NOTARY
GERTRUDE H. B RGEN
Notary Public, State f New York
No. 55-5278725
Qualified Tompkins
nuueEpies March30. 190App
r
�.
i
` f
II Thursday, December 14, 1978 ITHACA JOURNAL 31
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ease take notice that the Pla
Board of ,ihe Town of Dr
wi d! a P<earin e
appl n ol approval angboat
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Said hearin place , on .1Tuesday, Dec1978at8 : 00 1
P.M. ain the1 at which
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By of pard,
ara H. C moan
December .l4, 8
TOWN OF ITHACA PLANNING
BOARD—' NOTICE OF PUBLIC
HEAR INGS, TUESDAY, DECEM-
BER 19, 1978--
By
978'By direction of the Chairman of
the Planning Board,. NOTICE IS
HEREBY GIVEN that Public 1
Hear ings-wlIl' be held by the Plan-
ning Board of the Town of l theca on
Tuesday, December 19, 1978, , In
Town Hall, 126 East Seneca Street
(second floor ), Ithaca, N.Y., at the
following times and on the follow-
Ing matters :
7 :30 P.M. Site Plan Review for
Storage Addition to Sam Peter
business premises at 1083 Danby
Road, Town of Ithaca Tax Parcel i
No. 6-43.1 .5. S. Peter.
7:45 P.M. Consideration •of Pre- i
liminary Subdivision Approval for I
13 lot Subdivision Backlot of Texas
Lane and Siena Drive, Slots In the
Town of Ithaca, Town of Ithaca
Tax Parcel No. 6-71 '1=9. 1 . Jonson, f
Said Planning & will said
times and said plalace h hear all
per• 1
sons in support of such matters or
objections thereto. Persons may
appear by agent or In person.
Edward L--Bergen
Town Clerk
Town of Ithaca
LDecember 14, 1978
TOWN OF ITHACA PLANNING BOARD
NOTICE OF PUBLIC HEARINGS
® TUESDAY , DECEMBER 19 , 1978
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 , December 19 , 1978 , 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 . Site Plan Review for Storage Addition to Sam Peter
business premises at . 1083 Danby Road , Town of . Ithaca
Tax Parcel No . 6 - 43 - 1 - 5 . S . Peter . -
7 : 45 P . M . Consideration of Preliminary Subdivision Approval for
13 lot Subdivision Backlot of Texas Lane and Siena
® Drive , 9 lots in the Town - of Ithaca , . Town of Ithaca
Tax Parcel No . 6 - 71 - 1 - 9 . I . Jonson .
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 : December 12 , 1978
Publish : December 14 , . 1978
AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK ) SS :
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 , NY .
That on the 13th day of December , 1978 , deponent served the
within Notice upon :
Sam and Ruth Peter Raymond P . Driscoll , et al
1083 Danby Road 214 Texas Lane
Ithaca , NY 14850 Ithaca , NY 14850
Herbert Monkemeyer Madison and Mary Wright
8421 Chapin Parkway 212 Texas Lane
Jamaica , NY 11432 Ithaca , NY 14850
S . Gilbert Fred G . Marcham , Mayor
277 Esplanade Drive Village of Cayuga Heights
Rochester , NY 14600 836 Hanshaw Road
Ithaca , NY 14850
Robt . B . DeKay & Wm . Long , Jr .
130 Enfield Falls Road Shailer S . Philbrick
® Ithaca , NY 14850 117 Texas Lane
Ithaca , NY 14850
Edward and Eudora Barnett
107 King Road East Ronald E . Anderson
Ithaca , NY 14850 116 Texas Lane
Ithaca , NY 14850
Robert and Lidya Pedecs
111 King Road East C . Edwin and Frances W . Dayton
Ithaca , NY 14850 320 Siena Drive
• Ithaca , NY 14850
Mat Assoc . , Inc .
Ali , Gerber , Pappas & Cox Mary A . Hamlet
Gridley Building 322 Siena Drive
105 East Water Street Ithaca , NY 14850
Syracuse , NY 13202
Ronald J . and Mary M . Kuhr
Joseph and Jeanne Salino 324 Siena Drive
459 Troy Road Ithaca , NY 14850
Ithaca , NY 14850
Stuart L . and Constance H . Shapiro
Harry R . and Jean M . Keller 326 Siena Drive
213 Texas Lane Ithaca , NY 14850
Ithaca , NY 14850
James H . and Donna U . -. Warren
I . J . Construction Co . , Inc . 328 Siena Drive
111 North Plain Street Ithaca , NY 14850
Ithaca , NY 14850
Nicholas P . and Pauline B . Naioti
Harold and Sondra Kuntz 330 Siena Drive
211 Texas Lane Ithaca , NY 14850
Ithaca , NY 14850
Allan A . and Denise A . Lentini
Maureen M . Schmitt 332 Siena Drive
215 Texas Lane Ithaca , NY 14850
Ithaca , NY 14850
Dan C . and Charlotte J . Farris
Michael J . and Marina B . Todd 334 Siena Drive
217 Texas Lane Ithaca , NY 14850
Ithaca , NY 14850
George J . Raleigh
Arthur L . and Enid S . Ruoff 1010 Hanshaw Road
® 216 Texas Lane Ithaca , NY 14850
Ithaca , NY 14850
i
yY
® Herbert Bruckner
1018 Hanshaw Road
Ithaca , NY 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 .
N ncy M Fuller
Sworn to before me this
® 19th day of December , 1978 .
Notary Public
GERTRUDE H. BERGEN
Notary Public, State of New York
No. 55-5278725
Qualified in Tompkins Cour
Term Expires March 30, 19.&C
TOWN OF ITHACA PLANNING BOARD
NOTICE OF PUBLIC HEARINGS
TUESDAY , DECEMBER 19 , 1978
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 , December 19 , 1978 , 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 . Site Plan Review for Storage Addition to Sam Peter
business premises at 1083 Danby Road , Town of Ithaca
Tax Parcel No . 6 - 43 - 1 - 5 . S . Peter .
7 : 45 P . M . Consideration of Preliminary Subdivision Approval for
. 13 lot Subdivision Backlot of Texas .Lane and Siena
Drive , ' 9 lots in the Town of Ithaca , Town of Ithaca
Tax Parcel No . 6 - 7.1 - 1 - 9 . I . Jonson .
i
Said Planning Board willlat said times and said place - hear all L
persons in support of such - matters or objections thereto . Persons
may appear by agent or in person .
Edward L . Bergen
Town Clerk
. .i Town of Ithaca
i
i
Dated : December 12 , 1978 : ;
'i
Publish : . December 14 , 1978
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EXCERPT from the Official Minutes of the Town of Ithaca Zoning Board of
Appeals Meeting of December 8 , 1978 , held in Town Hall , 126 East
Seneca Street ( second floor ) , Ithaca , NY , commencing at 5 : 15 p . m . ,
all members of said Board being present .
PUBLIC HEARING : APPEAL OF SAM AND RUTH PETER , APPELLANTS , FROM THE DECISION
OF THE BUILDING INSPECTOR DENYING PERMISSION TO BUILD A STORAGE BUILDING
CLOSER THAN 30 FEET FROM THE REAR YARD LOT LINE AT 1083 DANBY ROAD , PARCEL NO .
6 - 43 - 1 - 5 , ITHACA , N . Y . PERMISSION IS DENIED UNDER ARTICLE VII , SECTION 37 ,
PAR . 2 OF THE TOWN OF ITHACA ZONING ORDINANCE .
MOTION by Dir . Peter K . Francese , seconded by Mrs . Joan Reuning :
I
a ' • RESOLVED , that the Zoning Board of Appeals of the Town of Ithaca
grant and hereby does grant the Appeal for variance of Sam and Ruth Peter ,
"Appellants , to allow for the construction of a storage building to within
ten feet ( 101 ) of the easterly lot line of Town of Ithaca Tax Parcel No .
'- 6 - 43 - 1 - 5 , 1083 Danby Road , Ithaca , New York , said storage building being a
-metal building 36 ' wide and 81 ' long , and
BE IT FURTHER RESOLVED , that such granting of variance be and hereby
is subject to the granting of site plan approval by the Planning Board of the
Town of Ithaca .
There being no further discussion , the Chair called for a vote .
- Francese , Hewett , King , Austen , Reuning .
i , - None ,
The MOTION was declared to be carried unanimously .
Nancy M . Fuller
Secretary
; i
i
EXCERPT from the Official Minutes of the Town of Ithaca Zoning Board of
Appeals Meeting of December 8 , 1978 , held in Town Hall , 126 East
Seneca Street ( second floor ) , Ithaca , N . Y . , commencing at 5 : 15 p . m . ,
all members of said Board being present .
0
5 : 45 P . M . PUBLIC HEARING : APPEAL OF HARRY R . AND JEAN M . KELLER ,
APPELLANTS , FROM THE DECISION OF THE BUILDING INSPECTOR
GRANTING PERMISSION TO CONSTRUCT A SINGLE FAMILY HOME ON
PARCEL NO . 6 - 71 - 1 - 9 WITH ACCESS TO TEXAS LANE BETWEEN 213
AND 215 TEXAS LANE , ITHACA , N . Y . PERMISSION GRANTED FOR THE
STATED REASON THAT THE ISSUANCE OF SUCH PERMIT .IS IN ACCOR-
DANCE WITH SECTION 75 OF THE TOWN OF ITHACA ZONING
ORDINANCE .
MOTION -by -Mr . Peter Francese , seconded by Mr . Edward W . King :
RESOLVED , that the Appeal of Harry R . and Jean M . : Keller , Appellants , '
from the decision of the Building Inspector - granting permission to -construct
a single family home . on Parcel No . 6 -. 71 - 1 - 9 with access to Texas Lane
between 213 and 215 Texas Lane , Ithaca.-, - - N . Y. . .. -be � and - hereby -is denied -by
the Zoning Board of Appeals of the Town -of Ithaca , for the ,-, following rea -
sons : i
( 1 ) That . the single _ _ dwel.ling -._proposed - for - construct ion. 'upon--- said lot
is completely in compliance with the Zoning Ordinance -of the Town
of Ithaca ;
( 2 ) That the construction of this single dwelling - does. . _not -force the
Planning Board of the- Town . of Ithaca- - to accept either an entrance
to the proposed development from Texas_ I�ane or from Siena Drive ;
( 3 ) That the construction of this single__ dwelling does -.not . -..prec-lude the
Planning Board of the Town of . Ithaca---from- -denying the - entire - develop -
ment and - . allowing-- only the subject _ sing-le- dwe.-11-ing _ _to -be __built .
( 4 ) That the denial of the Appeal of Harry R . and Jean M . Keller ,
Appellants , does - not change the status- quo - insofar as the Planning
Board of the Town of Ithaca -is concerned .
There being no further discussion , the Chair called for -= a vote .
Aye - Francese , Hewett , King , . . Austen , - Reuning . .
Nay . - None . .
The - MOTION - was declared to be carried unanimously .
STATE . OF NEW . YORK ) SS :
COUNTY - OF TOMPKINS - - - )
- IT IS HEREBY CERTIFIED that the foregoing is a true - -and - exact copy
: of a portion of the Minutes of the Zoning Board of Appeals of the Town of
Ithaca Meeting of December 8 , 1978 . <
Nancy M . 1wn
ller , Secretary and
( SEAL ) Deputy T Clerk , Town of Ithaca
.�•� 11 /28 // 7850
TOWN . OF ITHACA
NEW YORK
• - E A L '
A P P
to - the
Building Commissioner
and the Board of Zoning Appeals
of �the � Town -of , Ithaca, New. -York
Having been - denied permission to
build a storage building closer
III
than 30 feet from the rear yar
Ithaca , New York
at1111111 1... WI IIIII I
1083 Danby Rd . , Parcel No . 6-43 - 1 - 5 Bu " s
as shown on the accompanying - Application and/or plans or other
su PPorting .documents , _fnr - the -- sta-ted . reas-on . that -- the issuance - -
of such permit would be . in -violation of -
Section ( s ) 37 , -par 2 , Article VI1 .
of the -Town - -of - Ithaca Zoning Ordinance
ibmits - this appeal : from such
the UNDERSIGNED- - .respectfully
s
denial - and , . 3n support = of - . the -a
pp.�-�_ aff-irms—that.. strict
of =the ° Ordi-nance-.-would -impose PRACTICAL =DIFFICULTIES
observance - .
-thy =facts- -that
�- - =-
and/or _ UNNECESSARY- =-HARD-iiI-P- :�B$ -::f-�11ows � : .�Due`�o
l , The = adjacent. - - lot -. is too ...... -. _t.o -build on ;
2 . Said* adjacent lot bel on. IIIgs - .to - the . State ;
3 , By moving the , . -new .building : -�3oser . -to -the old - building.. : t�han . is -
proposed -- vould mean-:- locat-ing .
the _ fiuiLding- - on :-a.. steep -= - bank ;.-. -
4 . By '-leaving :40 ' `between . _the._; old . and .mew building :more .-spate mor -
parking and snow removal : is afforded ;
Signed ( Sgd •= ) Sam Peter: _ }
I request that . a variance be
granted .
Dated : Ithaca , . N . Y . November 28 197 8__
v/ imy. vvxw&vnr • so
1—s S, . /i a v
5,001— 10,000 s CS. TOWN OF IT14ACA � ' a 65 11
10,001 — 20 000 10.00
201001 — 30,000 15.00 APPLICATION FOR BUILDING PERIIAfT
30;001— 40,000 20.00
40,001— 50,000 25A0 . . Application Date
501001— 100,000 SO-00 f
6K, 100,001— 500,000 75.00 Permit Numbs �-
50011001— 19000,000 100.00 l Date
1 ,000,001 & Over 150:00 i Parcel Number _ ' !Yj.'./..
Make checks payable to Town of Ithaca . . Zoning District �!a1gS
Application h hcrrlv made to (build exicnd E, convert p, _ ❑) a s or use Iani
Q
atRd.r2!ow;n -o[-IthacaX Y. AKo p
To be used for b• r y tc :�� At a cwt of 7 00 d �
Structure is to be completed onpr before �. , I9
Owner of land G B
Luilders a '
and Owner's mailing address d __.. .
If building is being built for a person other. than present land owner, show name
- The structures) wW be as follows • Square Feel Floor Arca : a 0 0
Type of construction - - - ' /e c '{ Basement
Numbcr of stories First Floor
Number-of. Family- Units : _ Second -Floor -
Tercentage -oMat to b"ccu. sod Over Second
by all structures
•
Plot Plan- an Back of Permit .1� or Attached _
The"required permits . have been -obtained as follows : Date olssu8d
FRou =Toerrxrrna Courrrr = HEwr.TH -DEPARTMENT
Approval of septic system and/or .well .- .
FRom -Town CLzRsc
Strcct..opcning (if road must be opened for pipes) .—
Blasting-permit- (if blasting_mcczasar3►)
FRom -SurERvreort .
Water-Tap y
Sewer .Tap:
FRoM .PRoi= HIOHW _DZFART XNT
Culvcrh .and - drivcwaa s _ ,.. .
Fnox -Tows# - ZoNmo _Ouse= -:
Multiple smdcnce�-permit -- - '
The Undcr:igrncd lserebr -applica far :pernsission ao : do the.:abovc,,in accordance - with Apr wWons .of- the- Zoning 'Ordinance-=
And -other_ Lawsmnd dtcgulations2of - -the , ToiWn of. Aca,_D1cw -York - oersor -having �urisdi
enctioa, :and�i$irma �hat_all -
statemts .and- Information'-.Information' u
vcn �esa -.sire --correct -to _
the -best of his ledge and -
Date : /Z
. _ Signature-.of . Lan-dowb ,-_-. •'
Building permit - ( ' ) approved : b7 Progress of work. - - Cbeched -on:
(�O denied = under Section � of. _ -
Zoning "Ordinance b�►. .-
Appeal action : _ - Framing
Date of appeal Trim
Date of hearing Completion
Date of advertising
Board members notified 4. _ Order to refill excavation
issued on
Order to demolish structure
Is
ssued on
$ 7 . 50 - Appel, advertising c xpcn=:L
PLOT PLAN
INFORMATION TO BE SHOWN . Dimensions of structures.
Dimensions of lot Names of neighbors who bound Iot
Distance of Structiury frww. Sct-back of neighbors. •
Ro&4 North arrow.
Both side lot linea. Street name and number. ' .
Rear of lot Show existing structures in contrasting lints.
170
3 1/0
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I hereby certify that the . structure for
which this . Permit (vill ' ba ) ( ha � been)
issued ( will, be ) ( has been)bailt ac- .
_ _ cording to the latest Standards of the
19esa York State ing
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TOWN OF ITi ACA
126 EAST SENECA STREET
ITHACA, NEW YORK
14850
November 29 , 1978
Mr . and Mrs . Harry Keller
213 Texas Lane
Ithaca , NY 14850
Dear Mr . and Mrs . Keller :
Thanks for your letter of November 22 concerning the
public hearing conducted by the Town of Ithaca Planning
Board on November 21 , 1978 , on the matter of the subdivi -
sion of Parcel 6 - 71 - 1 - 9 .
I have reviewed the Planning Board Secretary ' s notes
pertaining to this matter . In my judgment , the Board did ,
in fact , act in a responsible manner . The appointment of
a committee by Acting - Chairman Henry Aron reaffirms my
confidence in the review procedures and practices of our
Town Planning Board . We have already seen considerable
improvement in the proposal , and the developer ' s spirit
® of cooperation is very positive . We are also confident
that the Village of Cayuga Heights Board will also parti -
cipate in the on site review and overall discussion of the
proposal . The members of the Planning Board do indeed
have both the expertise and the perspective required to
assure that the development will be consistent with the
residential land use quality of the adjoining lands .
I intend to continue my interest in this project and
remain available to be of assistance to all interested par -
ties as appropriate .
Very truly yours
Noel Desch
Supervisor
ND / nf
cc - Mayor Marcham
Henry Aron
f•
213 Texas Lane
Ithaca , New York 14850
November 22 , 1978
Mr . Noel Desch
Supervisor
Town of Ithaca
Ithaca , New York 14850
Dear Mr . Desch :
We attended the Town of Ithaca Planning Board Meeting last
night . This was a preliminary hearing regarding the proposed
development of Tax Parcel 6 - 71 - 1 - 9 which is surrounded by Siena
Drive , Texas Lane and Hanshaw Road .
We were appalled to learn that after two or more weeks no
one on the Planning Board had read the petitions of Texas Lane and
Siena Drive residents regarding their objections to proposed devel -
opment adjacent to their properties .
If the Planning Board members have not read the petitions
signed by 72 residents surrounding the proposed development , how
can this Planning Board be responsive to the citizens of the Town
of Ithaca and effectively enforce the Zoning Ordinance of the
Town of Ithaca .
We thought the hearing was biased . No one from the Board
expressed an opinion . What are hearings for ? The only dialogue
expressed was from the concerned citizens present with the Acting
Chairman of the Board , Town Engineer and the developer . No dialogue
from the other Planning Board members present was presented . Do the
members of the Town of Ithaca Planning Board have any are of expertise
that would qualify them to make well informed and objective decisions
when enforcing the Town of Ithaca Zoning Ordinance ? ( Especially with
regards to traffic , drainage , property devaluations , ecology and
town planning ) .
Please refer to the minutes of last night which we are sorry
you did not attend . Before any construction is begun in this area
we would expect that the Town Supervisor , Town Engineer , and Chair -
man of the Town Planning Board woul & lmeet with the Officers of the
Village of Cayuga Heights to ensure that the attendant interests of
the homeowners are taxpayers surrounding the proposed development
are served in compliance with the Ordinances of the Village of Cayuga
Heights and the Town of Ithaca .
Sincerely ,
Jean and Harry Keller
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19 December 1978
t
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1
TO : Town of Ithaca Planning Board ` Y '
SUBJECT : Preliminary Subdivision Approval for 13 - lot Subdivision Backlot ' of =' ;
M:
Texas Lane and Siena Drive , 9 lots in Town of Ithaca , Town of lit h a c'al. fs
Tax Parcel No . 6 -71 - 1 -9 ( 4 lots + in Village of Cayuga Heights-, . .Village w ♦ s <
of Cayuga Heights Tax Parcel No . 5 - 3 - 15 . 2 , part of ) I . Johnson .
The Board of Trustees of the Village of Cayuga Heights is deeply . concerned about
the orderly and favorable development of the above identified subdivision , part''tofAll
ter.
which is in the Town of Ithaca and part in the Village of Cayuga Heights :
tillIt is the desire of the V i I I age that this subdivision be planned and constructed ,:,
� .
in the best interests of all affected in any way , Because of the stated in116
tent
� n A
Mr . I . Johnson to develop this subdivision as a 13 - lot subdivision as shownt� o'm' s «� ;,
iq
Illy
:r �xq
undated drawing entitled , " Preliminary Sub -Division Map , Town of Ithaca , I-var JolnS01714 `
Owner - Developer " and the topography of the subdivision and the adjacent ,=areas ; ;ibad ,
T YY4 1
because of the expected effects of the completed subdivision upon th'b adjacent � are4aS; r;' � ;
>� r
the Village of Cayuga Heights views this subdivision , Parcel 6 7 . 1 - 1 -9 , as ,partrof aJ Y <ti
larger , indiviAible area including Parcels 71 - I -8 . 2 and part of 5 - 3 - 15 . 2 The = Vil ',lagte` „
recognizes the duty of the Town of Ithaca to pass on the legality and me r � ts 'o`�fthes� 5st
/\
proposed subd i v i s i on ` w i th i n the Town , but it also asserts the i mportancey,of; �the :, � to 3 , ::.
interests of the contiguous Village in the actions of the Town -. in this mattter 'ell ,
Id
° •fit aL" . ' '.
iz. ti1 Y z
. explanation of this interest the following I I ow i ng statements are made , but ;F not necessa r• I I y }.r t
' X1 ,1
in order of importance . F
f K
I . Location . 4 �'/r _ 1 +F r
i Y/�
. rS ^ ti M�I.R !'y�h Iv♦J' ya..'�1 j Yom.
The proposed subdivision is located in the Town , immediately east of the easterly
. 1 f
�t,.0 �l• J .4
I i ne of the V i I I age , in a back ) of touched on the east by the Town -owned 50 -;foot ; w ' r ` r fn
right of way extending easterly about 200 feet to Siena Drive and on theell
It
let
a 50 - foot wide strip of land , part of Parcel 71 - I -9 , extending northward� , ab`outj ,, , � wt ,
.. Y� y4 JY
-t
174 feet to the south side of the turnaround at the east of Texas Lane . Texas, Lane ' xF `
It
v . Y N;, St
is a street in the Town of Ithaca which is continuous with that street i n the � .trl.N.� . = R kI I'l
Vi ll 'age to its intersection with a main traffic artery , NorthTriphammer
it
2 — �m
f 52'N t 14 4. 1]
It
It
If
It I
Alt
If
If
S v'e 4'n nK' :yYRnt SLS+
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'< n 4F , , 3 v tr .SJilt '4 ttSi
Siena Drive is a street in the Town which in one direction joins Blackstone Avenue ' " *« r
„¢ d { r+r F
fitt` 'arya; Sri nQ
which in turn intersects with Hanshaw Road , a main traffic artery in the Townft; 'I;ffea;
in the other direction is connected both to Triphammer and Warren ` Roads b interr � K`fw "
mediate streets on both sides . The entire length of Texas . Lane has been bu i I t up �,tf.'AV Ill. �prprst$,
*' rha vJgaifx' 'SP.1
for. the past 15 or more years and is a settled , well -established ne44
It f
ighborhood with ••{{ f:
a definite character . Siena Drive has only recently , within the past 'few years ; f
f 2j
been bu i It up and only on one side , the other side being owned by . Sa i nt �Catherrne rf, ` F" z � �
- F C •f " !1 xC z a ?f 3,'$$V, �„ tyr1"
of ` Siena: Church : Access to the Siena Drive side easterly of the ,, prope,rtyw i s ava t lj`�
•-. r )-;d al +4 fq ?y i{q 31. .L 'IkI
able - immediately from two directions , north and south , and further , out : from severati s ; 3Mr >,
s
- c M1 ^4 ? r , yt ? r
:< � it ti, F TY �< , r ; rwxb
d i rect' ions . Access to the Texas Lane side of the property i s ava i l ab f e from onr4 y . tIll.�
If
i t J
If
one d i rect ion , the west . ice.,
_ �. 19
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MI {
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- 3 r t 1If
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2 . Traffic If
;maIf
y; { ' ` �r � � Y ' '.
Ca y.. 11, u 'Ifff"t' rs W a
If
t Kr t * x •k 4..
The V i I " I' age of Cayuga Heights I i es between the Cornell Campus and :" the ,rap i d`I1y 'Yp' f
t ,�; wr
growing North Triphammer shopping center and nearby high , density apartment ,complexes,
i n the V i I I age of Lansing Recently , the Village of Lansing rezofned the I antlrk�;hyi"ng ..
to t:he " southwest of the intersection of Warren Road and Route from ,y "ResearctAPar4<!!� `
ki""LVL—If,
4^Jd
to " High Density Residential . " Traffic from this rezoned area can move soufhwestt ,
to Cayuga Heights and Cornell via Winthrop DrIf
It
ive onto North Triphammer Road ; thus ? '#rl x
If If
If
„ R y
'r*' "l.4If
increasing the heavy traffic now on North Triphammer Road Those' fame l t ar tw\i ththe,< i � °
- t
present traffic on North Triphammer realize the difficulty of 1.
It
W � n�throp� Fr3
. , - . ytt "-•�a � �'��, P� ,c_. ,y&'v� fr°� ti t9�'���� ,<-
..
at certain times of the day . There is similar difficulty at TexastLane Construes
fit If try rtG ;
tion of access to the proposed subdivision via Texas Lane will i ncreasfolle th i s';`d? � f f i`cu ltty ; `#^
t �
of egress from Texas Lane onto Triphammer . �Ni
e J i }tom•.,.+{
r wq
If
Taken -- a -lone , this difficulty might seem to be less of ; importance ` than _ i t � r"ea l �l y
• . . %.t _t;; i tit#', Vic <� �Yh�Ri3��g�MR
because one . must see this in the Iight of the entire traffic picture on North ;�Trip F �
„ •.. _ - .' ' a ,' ,: 3 ''' Jx x ' r � t,S#+ •� :
hammer and at the Community Corners , about 900 feet to the '
- south of, Texas ` Lane; '�an;d, `}'moi P
1 . , s. I
4 `t, lilt
its . 'opposing street to the west , Spruce Lane , presently under development .
J J £ L r} 4
ft Y C•
. _ wt 'V ##s FYw� 3Tct Yqs �ti
IF
oFFF
I IF
_ ) _ lir
! ell
t to st�rkl l�i sY"1 �i5
1P
. s 7 0»
IF 1
One of these days the traffic entering North Triphammer from the east at Winthrop �y , ;� l
Lftj
Drive may have to be control led by - automatic traffic signals . These s• i gna Is wou I d� ; 'IFw
be. located about 74a�-f the way between the shopping centers in Lan,s i ngIF
of
IF
Community Corners . The development of the Savage Farm to the west of North ° TrilpI of"t = ;ll of
1 ,
. Ioff
� Vit. t
hammer , with its limited egress to Hanshaw and Highgate Roads , . will probably result 7jKry
IF
IF
in the need for traffic controls also . Thus there can be two or .more araff; ic wFaIF
. r
1 � l , E
dpi
controls on Triphammer north of Texas Lane plus whatever controls or t. r6ffia�c', ch&' orI "f4
s , .
there may be to ' the south at the Community Corners . Traffic controls 'at TexasfLanxes
QIF
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F - XSTt}y�K .�i°" , Rr ,.ti riF
' Will make the progress of traffic on North Triphammer slower . and. more complex thanIJN ; too
.
need be . This would probably not develop if the subdivision has . , egress to If
Siena;' „� '' ��T
Drive - rather than to Texas Lane . The Village cannot favor the i ncrea's.e ,`of traff i c `
,44v fj"FF
¢o "fry,
on Triphammer through Texas Lane where such can be reasonably and eIF
qu i tab I y sentaM��� ; s�� k
11
� St S p k :� 1 th F4l -tlC C pLFt
l V 1 . do J`
elsewhere .
_ or I I Ia
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x 1 r R ttlflq {h Y”
off
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3 . Maintenance of Services1 1014
' ' ' r r'
{ r T
IF IF
ri
_ If I IF;61 IF
IF
s• S T (4 4fs r 1,;.
Assuming that access for Town of Ithaca equipment to the subdivision i s by way4;;af``;4' �
� x M
Texas Lane then that equipment must travel about 5000 feet: from . : the neares' > , roa:dIts
Y
If,
. ..: i� `� �� ` ft
1 = 1 FfiaFerVSF 's •3 '�
point on Hanshaw Road in the Town to the east end of Texas Lane . . In coIF, Intr.as(t " r
IF
t a
access via Siena Drive is a distance of 200 feet . When we compare Iengths '.of road4r . ��
t �
! r a L > r ' 4
served in the subdivision by the two municipalities , the Town would have llF770,of
af{eet7 ;,�
I IF
r y..:: of
IF
and the V i I I age would have about 160 feet . I wou I d , suggest that the two 1.,mun i iyfi p'of I
a (, i .r .n x`
A . I'dr> ,
r ' ;f A ,IF IF
,'t.. A t
ties arrange an exchange of services , the 160 feet of Village street i n the 'fu°I I i ` E 1fTi .
or
Sr ,, x
FIF Y nrnlS s >{ Frog is q
subdivision for the 200 feet of Town street at the end of Texas Lane ;where ;the
, , YaF:yJ P ; r
IP
ti cta
Village is presently removing the snow , usually as an incidental tolturnin'g the= snow;
� = 1 ° t4T
r Pf !y. r ilh s tp Gs
plow around . Garbage collection in the full subdivision would be required' byM +tou�ri ��fa ,
" 0 ,' • Yrs •'i � {{ F`�`��c`7h
houses in the Village . An exchange could be made for the five , houses. in' the Town, at' F"Ll
of
or j
t'he end of Texas Lane . Fire protection service presently being performed ' by th'Forek�ulFr IF_
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; f
> �
lIF
.. g�
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IF
Village fire department is rendered more effective by access., from Siena Dr`i' ve which is ref
} Ts � ti
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• � , ;ice + .
h
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to of
off,
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only about 4000 feet from the fire station rather than from Texas Lane which is
it
4500 feet from the fire station , a saving of 500 feet plus the elimination of a . :, ., `, . `�: . w
left turn at the Corners onto Hanshaw at Pleasant Grove Road and the substitution ,
it 'lvR'T
of a left turn at Blackstone from Hanshaw out of the congestion at the COrners . :r f
of /.r .z
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if
4 . Topography
,1 I It 1. rr:
y
1 �^
The subdivision in its entirety slopes generally westward and I ies on the . d, i,vide '; tIf
r t �;
rJ v ,, r •
• � ( � tr
between two drainage courses and extends at its eastern side into the valleys of ; r rte =
} W
those natural water courses . The southern water course is a wel .I defined stream
I" 10 111of
r = €
which flows year round and forms the southern boundary of most of that part "of�"
the subdivision in the Town . The northern water course is less well defined ItFar�a� Y,
P
' Y�,
is rather a broad ; gentle swa l e which rises almost at the west `o
s i de 10f S i ena Dr i "vet ; r ty w
� t .
TJ' I ,,,' q is
and trends northwest across the easterly lots . It then crosses the back I qts rof ' ; P R
several houses on Texas Lane and then through a front lot to cross , .Texas . Lane` andv'v
x Z
join a year - round stream west of the northerly 'Lots of Texas Lane in the Vi =,Iif
lage ny \ Aigg;
well to the west of the subdivision . Although both streams flood from timecto
xatr €
,rYC i4 +
time , the northern one is presently more of a nuisance because . of its : I essI 'VIA III
' vie I, I w � ;`yr z
defined valley . Changes in the topography and surface of its valley to increaseof III
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"I
its rate of runoff would seem to assure detriment to the Texas Lane residences and ' x 't
v
yards lying downstream from the subdivision . The suggested dra^ inage ditch on + h-et .` ,
It
LIP
referenced map would divert water from the northern water course to the so"uthern , , { , Ya
F ¢ n> 7 t M
top
one increasing the drainage area of the southern course by about 2 While not " "'• e
xN x,
entirely desirable , it seems to be an acceptable plan , subject to detailed review: 1Too,
M1 ' F' I /
5 . Sewers
f,
r >
of.
Ji y " 4
�, '( < The agreement between the Village of Cayuga Heights and the Town of„ Ithaca ', daI .ted ; v
; t
January 1 , 1965 , on sewers and sewerage in the Northeast District of the Town �4y� � sty e
Z. .
P YPI.(
r specifically i f i ca I I rants inter a l i a to the Village l l a e the right to approve al 1-: . inr theYjR° 4` '
P Y g g
vsion n the Town I oNortheast District . The subdi rtheast, District FiY `� /
T i '
ri
t FYfY.+ Y(hyf .
a{,4
i zA
i s
The V i I I age therefore requires , prior to any connection to the existing sewers ; lr ` ;K; , ter=r
1. 1 All
either in the Northeast District or in the Village , that the plans for the sewerAl
s` , .{ 3
v � , , l,
i t . it }..
in the entire subdivision , including plan , profiles , and details of,, contogether with binding specifications , be approved by the Village i. n accordance ` ` � 4Rn {tA ii `
! kms rr ,
safety '
~"with the above agreement , good engineering Practice and health
t
r vS.
IIA
fw a
6 . Intermunicipal Cooperation , 1 . NT , § �
The Town - and the Village have been cooperating for years in achieving ends wh i chx %wx
,
` k"r J
are of benefit to both municipalities . The Vi I lage is receiving, transmltting , „ ' tt ` � Krr _
A .1+, F Y ,
! Y.4 �, YT .q Y aFJ . rt 1 1
and treating sewerage from the Northeast Sewer District of th'e Town : TheiVi ; IIage
U
is providing fire protection to parts of the Town . The ViIIage is being rely m r's`edr �Aid
t 's '
,.
for these services . From time to time and under certain circumstances ,, The .ViIMage ? All
i 7 Fra vD' ' K r : r G!r /3. hCFtf .x'.
Poll ice attend to calls in the Town . Under the Intermunicipal Water a'greemeA 'rn't ,` the ,„ z,`l,'�
oaz 7 a
Bolton Point water system is supported by both the Village and Town 'as well as, other � �
< , .. ! F ? �1 ;kNCZ r r,
municipalities .
municipalities . It would be ridiculous with this extent of cooperation '. to find = the fi
�Ya* rp '.1• :.a
Village and Town unable to reach a plan of development of this entire sub � lv; isiaoqr,n , ; , rxPrFSF;'
satisfactory to all parties and giving to the future residents a ` p I ace,; of beuty , xYyT � , ,
uAA
r
convenience , and safety in which to dwe I I . „( ` ` .
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hF'ff ="dal ' .Stay t h"F+'mob say .'ti
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12/5/ 76 Garulyn Grigorov
tt : JubcUv:ision Proposal; Off 1rXa � i,an�-
x
It is easy to understand the dismay of Texas Lane residents who have
enjoyed the woodsy- fields near their homes for years and now see the possibility
of development there . On - site inspection and map study would reassure marry
of them , I think , that the change will not be as drastic as they dear . Property
values and "character of the neighborhood " should not be adversely affected by
nine ( or thirteen ) houses in the $80 , 000 range on large lots , and a medsure of
privacy will remain . Traffic wi111 be somewhat increased , but not drastic`
especially if no exit to Sienna Drive is put in .
The drainage problem must be considered . We walked the land at a dry time
of year , and while is is obviously not a bog or swamp , there is surface water in
pl -ices to be dealt with . The present developer , however , can ' t be held responsible
of problems of homes alreajgythere . Inadequate drain pipes and poorly planned
1
grading and home placement in the past have certjinly contributed to their diffi -
bulties , as did the extensive black topping at the Warren Rd . schools .
The developerts map shows plans for directIV� water , some of which now goes into
existing back yards , to drainage aitchcs behind 3m=x lots 2 & 9 and down along the
town line to the stream bordering the property on the south . The old ice pond
MV be m�rae into a holding pond which would help during floods . It looks as if
properly dons; dt:vclopmz;nt could actually help present homeowners .
The lots are large , and there are natural clearings suitable for house sites
that would allow maximum retention of existing trees . The knoll with the huge white
oak and hemlock , part of the arca intended for a town park , is certainly worth saving .
Cn the whole , 1bdczxxxaxg since the land will be developed some day , Johnson ' s proposal
seems reasonable . I hope he can arrange the entrance road in a way that will cause
djacent landowners , who hav - been accustomed to using the lot as part of their yards ,
the least inconvenience .
RECEIVED
Sweyolakan Fam„
380 Bostwick Rd . J Lt; i 1 19 78
Ithaca, New York 14850 TOWN OF ITHACA'
December 7 , 1978
Mr . Lawrence Fabbroni
Town of Ithaca
126 East State St .
Ithaca , N . Y . 14850
Re : 13 - Lot Subdivision Proposal off Texas Lane - 9 Lots , Town
of Ithaca ; 4 Lots Village of Cayuga Heights , Ivar Jonson , Dev .
Dear Larry :
After our on - the - site review of the topography of this parcel ,
the drainage does not appear to be the major problem that we
were led to believe by the residents of the area . With the
development of the Ivar Johnson sub - division it would : appear
that most of the dra. inage problem would be brought under control .
I would liKe to be certain that the proposed drain ditch has
adequate fall to handle sprin > run - off and heavy rain `storms .
Overall , I feel the nevelocment will ade much to the area and
the draina : e problems r: o . ld be . r = tly iTM: uroved .
- _ . .
k
VlanCErely yours , -
.
James L . Baker
el=l I
CA2. h e_ 0 -ic-
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ct
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PROPOSED IVAR JONSON SUBDIVISION OFF TEXAS LANE
FIELD REPORT OF PLANNING BOARD
A condensation of reports submitted by James
L . Baker , Pat Mackesey , Carolyn Grigorov , and
Jonathan Bradley .
( Compiled by Lawrence P . Fabbroni )
After walking the land proposed to be sub -divided with
detailed topographic maps and lot layout available to us , we make
the following observations , points of fact , and conclusions .
( 1 ) Drainage , if handled as proposed to a ditch behind
lots 6 , 7 , and 8 and south to the stream , could actually be improved
over the present situation homeowners face . ;
( 2 ) While the land is obviously not a bog or swamp , there
is surface water and ground water which must be carefully controlled
in developing lots 1 , 2 , and 9 .
( 3 ) Inadequate drain pipes , poorly . graded lots , and house
elevations with respect to drainage courses and holding areas would
appear to have contributed to many if not all of the water difficul -
ties expressed by neighbors in earlier meetings .
( 4 ) Lots proposed are large and there are natural clearings
suitable for house sites that would allow maximum retention of exist -
ing trees and ground - cover and minimize increased run - off due to
development .
( 5 ) The knoll with the huge white oak dhd hemlock is a fine
~ choice for park land to maintain the wooded character of the existing
landscape . '
( 6 ) The entrance to development from Texas Lane , if placed
to the eastern side of the right of way , but west of the row of tall
evergreens should not have a severe effect on either side properties .
. ( 7 ) Property values and character of the neighborhood should
not be adversely affected by nine ( or thirteen ) houses in the $ 70 , 000
to $ 80 , 000 range on large lots , and a measure of privacy will remain .
( 8 ) Traffic will be somewhat increased „ but not drastically
if no exit to Sienna Drive is put in .
( 9 ) Detailed drainage swales and direction of flows should be
shown on final drawings to transmit run - off from knoll and cul de sac
past and through lots 3 , 41 6 , and 8 to the creek .
- 2 -
( 10 ) Consideration should be given to cleaning out the
old ice pond for use as a holding area during heavy run - off of the
south stream .
• REPORT OF THE TOWN ENGINEER CONCERNING
PRELIMINARY SUBDIVISION MAP OF IVAR JONSON
Drainage
A portion of lots 3 and 8 , the park area , all of - lots 1 ,
2 , and 9 , and approximately two and one half lots developed on
Sienna Drive now drain to the Keller , Kuntz , Thorp rear lot area .
The drainage proposed by the developer would reduce the area drain -
ing to these rear lots to lot 1 and 9 and one developed lot on Sienna
Drive . The increased runoff from lots 1 and 9 and the roadway front -
ing these lots should be more than offset by the decrease in drain -
age area in . this direction . The present situation , though caused by
poor grading practices at the time the homes were built could be
greatly improved if the stones hand placed at the head of a six - inch
drainage culvert were removed .
The -bulk of the drainage will flow to the south stream on
the property in question . This stream serves a drainage area 2251
acres in size starting in the Town of Dryden , connecting with a
storm sewer along . Hanshaw Road , flowing as an open stream from
Blackstone Avenue to Triphammer - to . the west . The additional runoff
from half acre wooded lots from a development 8f acres cannot
appreciably change the flow or the capacity characteristics of the
existing culvert under Triphammer Road .. The development of the
old ice pond as a holding area will help this development approach
a theoretical net effect in runoff of zero .
Finally , in recognition of the drainage problems and con -
cerns expressed at earlier meetings two facts should be recorded .
The stream running to the north side of Texas Lane will not directly
drain the land being subdivided . Lots 1 and 9 will eventually drain
to thisstream but as stated before the net effect should be less
runoff .
Care should be used in grading . lots ' l and 9 to properly
drain those . building : lots to build in a holding capacity for the
drainage ditch ; and to maintaina minimum -. 5 % fall to that drainage
ditch .
Access and Traffic
If thirteen lots were - eventually developed , the total
projected traffic increase by worst projections would be 130 - more
cars a - day , - 13 cars : per hour if all distributed over the highest
l0 traffic hours of the day , or roughly one more car every five
minutes .
From a planning standpoint this is a ' minor addition to the
traffic load of any street . Distribution of traffic is fairly uni -
form in the peak hours of travel in the morning and afternoon . It
is safe to assume that a maximum of six additional cars will require
access in any highest fifteen minute period of the day .
Based on the above , traffic load is not an over - riding
consideration when comparing Texas Lane and Sienna Drive access
alternatives .
From a blind planning viewpoint , an access from both streets
would be beneficial to local circulation problems . However , given
the public input and weighing that against the real necessity , one
access is sufficient . It is only in ' times of tragedy , e . g . tornadoes
or fires that the second access is as human a consideration as privacy ,
children in the streets , parks , etc .
2 -
From a topographic viewpoint , the cut and fill areas are
kept to a minimum by the access proposed from Texas Lane . A by -
product is that the existing ground - cover and mature stands are
preserved . The . only option from Sienna Drive would appear to
involve extensive cutting and filling , taking of the mature and
oldest trees , or to create a series of tight curves with natural
drainage right through the middle of building lots .
It is with the topographic viewpoint , location of the
proposed park , expressed concern for woodsy character , and minimal
impact on existing homes that I recommend the access as proposed
from Texas Lane . Both alternatives could involve Town and Village
segments so maintenance responsibilities are of little consequence .
Sewer
Final plan and profile of sewer should be developed and
approved . by .the Health Department for the- -final- - subdivision hear -
ing -. Preliminary grades show the potential for developing -minimum
. 4 % grade required .
Water
Water lines should be 8 " minimum and provide a . loop from
Texas - Lane to -Sienna Drive . This will improve the quality of ser -
vice to the -new - homes -' proposed - as well - as -to existing .-homes-on
Texas =Lane -. Health Department should - also -approve these -plans - -
for final subdivision hearing .
Roadways
Shall be in accordance with Town Highway specifications .
The entrance - drive -should - be asclose as :practical to . the exist -
' ing- - tree line without environmentally disturbing them : This will
preserve a natural screen for the house to the- east while putting
a maximum distance - between road - and .house to the west .
Zoning and Land Use
The zoning map - and ..comprehensive plans of the Town both
show this : -land_ _as -residential .land as is proposed . The"ref.ore -,.: .. it
is - in keeping •with . the . officially adopted plans. governing- --develop -
ment - in the- Town-- of - Ithaca .
VILLAGE OF CAYUGA HEIGHTS L) 5 1978
Office Hours 836 . HANSHAW ROAD Telephone
9 A.M. - 4 P.M. ITHACA, N.Y. 14850607-257-1238
TOW�1 OF� ITHAC
December 1410 1978
Noel Desch , Supervisor
Town of Ithaca
126 East Seneca Street
Ithaca NY ' 14850
Dear . Noe- l :
The proposed development - 'of Ivar Johnson ' s property gives rise to
a number of questions relating to the interests of property owners
and to traffic . . in the Village . As you know , Sha iler Philbrick and
Ronald Anderson have attended some Town planning committee meetings
on this subject . Later , Philbrick spoke to Johnson suggesting that
he meet with -our Village , Board for discussion . : 1 called a special
meeting of our Board after consultation with - Johnson for 12 -5 .
We invited Johnson to it . . ,He stayed away claiming that he was not
sure whether the meeting would take , place . A+ further planned meeting
between Johnson ' s right hand .. man and Philbrick suffered from the fact
that the man arrived some' time after the scheduled meeting and explained .
that his watch had stopped . l infer that Johnson and company do not
w i sh - to meet with us . IN
As a preliminary to these proposed meetings we , and especially Shailer
Philbrick , had made a careful scrutiny of the area . This was . done in
the belief that our thinking- and his offered opportunity for compro -
mise - would be satisfactory to both parties . For example , we
seemed to be agreed that Siena Drive would be the . most satisfactory
channel of exit from the development .
In a conversation yesterday between Philbrick and Johnson ' s right hand
No
man we learned that Jiohnson intended to ,_go ahead with the plan for . an . exit
by way of Texas Lane and that the S' iena Drive solution and some other
improvements of Johnson ' s origina. l_ . pl .an . had_ been . abandoned .
tell you this because we are disturbed at the lack of cooperation from
Johnson . We do not wish his attitude in . these matters 'to act as a handi -
cap to him when he comes - before the Village for .permission to carry on
his development here . _ ;:
We had assumed that your Off i cors, had.. agreed to the , S i •ena . Dr i ve plan
and thatso, far as, other matters 'were ` concerned the . Town and Vii Rage
and Johnson wow i d work - out so ut i.o.ns that were mutual I. y benef i,c i a I . .
• II -the ..Siena Drive exit is : abandoned a problem arises regard i ng plowing .
that 'part of the: Texas Lane extension that wi I I I i e i n the Town of
'I:thaca .- For t i s., purpose i t. • wou I 'd`, be • , nece'ssary Ifor _ a snow . p l ow to
• traverse Hanshaw Road , North ' Tripha'mmer Road ; TexasALane , and . Texas Lane
extension in order to serve a short. Iength of road ` in the Town . . Items —
of- lth i s -sort seem appropr i ate for ' d.i scuss i on .
I . sha. l I make a : repo.rt' Ifto our Board on thi s subject on - Monday evening
next . f would be happy if ;1 couldl add•`"to , my . report .any observations
you may - care to make .
r . ti
Yours . sincerely ,
_ . � , . . ,_ , . . -�'"� ' �'`j;c..,��.-ala-=--- • .
F : G . Marcham , Mayor
V- 1 l l age of Cayuga He, i ghts
jl ,
1
_ � 7�-ems.. •
,- /&Ov ate-�
i - - .
. .. ,� .. .
74
5h-y.. v
Fes^ - • A110910
j / ,
,N
NOTES - - Henry Aron - - Planning Board Chairman 12 / 19 / 78
TEXAS LANE DEVELOPMENT
Ivar Jonson , . Developer
1 . Petitions received ( 2 ) on November 7 , 1978 , from residents of
Texas Lane and Siena Drive .
4,
Note : The receipt of a petition does not mean the imposition
of a " law " upon the body receiving the petition . It is
• entered into the record and becomes a very important
part of the considerations .
2 . Public Hearing : November 21 , 1978 .
The following are comments , in opposition , from the residents
of Texas Lane and Siena Drive :
a . Water in basements , development will add to it .
b . The proposed development does not conform with the character
of the neighborhood .
c . Set backs - particularly first home proposed . Do not match
other homes . ( Mr . Keller did most of the talking . )
• d . Quotations from Preamble of Zoning Ordinance , Town of Ithaca ,
1968 .
e . Traffic into Texas Lane would be very heavy . Children at play .
f . Properties will be devaluated .
g . Drainage problems are severe .
h . The " openness " and serenity of the area will be lost - e . g . ,
where will the pheasants go ?
i . The quiet neighborhood will no longer exist .
j . Easements for sewer and water will be needed and difficult to
obtain .
ry
NOTES ( cont . ) - Henry Aron - - Texas Lane Development . 2 .
3 . Appointment of Committee to visit site and inspect with topographical
maps in hand . ( Baker , Mackesey , Grigorov , Bradley and Town Engineer ) .
4 . On - site inspection done and reports filed . A consolidation report
of the Planning Board members views compiled by the Town Engineer .
The Town Engineer will submit his own findings .
5 . These reports will be presented tonight - - 12 / 19 / 78 .
6 . Public Hearing : December 19 , 1978 .
. v
Consideration of Preliminary Subdivision Approval for 13 lot
Subdivision Backlot of Texas Lane and Siena Drive , 9 lots in the
Town of Ithaca , Town of Ithaca Tax Parcel No . 6 - 71 - 1 - 9 . I .
Jonson .
7 . All adjacent neighbors sent Notice of Public Hearing - - gratuitously . ,
8 . The Acting - Chairman will open meeting and present Affidavits .
9 . The Acting - Chairman will " set the stage " for the public hearing .
10 . All persons will be heard - - again .
TOWN OF 1T ACA
126 EAST SENECA STREET
ITHACA, NEW YORK
14850
November 28 , 1978
Hon . Fred G . Marcham , Mayor
Village of Cayuga Heights
836 Hanshaw Road
Ithaca , NY 14850
Re : 13 - Lot Subdivision Proposal off Texas Lane
9 Lots , Town of Ithaca ; 4 Lots Village of
Cayuga heights
Ivar Jonson , Developer
w
Dear Mayor Marcham :
At the November 21 , 1978 , meeting of the Town of Ithaca
Planning Board , attended by your representatives , Trustees
Philbrick and Anderson , the discussions of the Texas Lane
development were adjourned with no official action taken by
the Planning Board . As Acting - Chairman , I appointed a com -
mittee of four members of the Planning Board , together with
the Town Engineer , as an ad hoc committee with the charge
that upon the receipt of the detailed topographical map , the
ad hoc committee is to look into the reasonableness of the
drainage scheme proposed by the developer , on site .
I asked your representatives at that meeting to contact
you in order that you may appoint four residents of Texas
Lane to render a factual report of their findings on the fea -
sibility of the development of a subdivision off Texas Lane ,
and , to have their report ready for me and the members of the
Planning Board at their earliest convenience . Please have
one member of your committee contact Mr . Fabbroni for a topo -
graphical map .
At this time , I would like to invite you and the members
of the Village Board to meet with the Town of Ithaca Planning
Board , informally , to discuss common interests and concerns .
`'ie are meeting on December 5th and December 19th at 7 : 30 p . m .
in the Ithaca Town Hall . Please advise when you will be able
to meet with us .
Thank you for your cooperation and interest in this mat -
ter of mutual concern to both municipalities .
Sincerely yours
Henry Aron , Acting - Chairman
Planning Board
HA / nf
cc - Members , Planning Boardl�
Lawrence P . Fabbroni
Noel Desch
6 111HACA JOURNAL Tuesday, Deceml)er 12, 1978
Aron named new o
, chairman of.
Ithaca Town . P J ' a n n 'nng : B oa . rd
B PHILIP LERMAN member.
a y Desch said at the meeting it would
Journal Writer Aron said this morning that his be more efficient to leave the money
Henry Aron , a member of the policy will be one of " taking serious- in one place, " rather than passing it
Ithaca Town planning board , was ly every request which comes to the back and forth. "
appointed to the chairmanship of planning board . Every person is im- * The board also passed as -resolu
that board. Monday night. Aron suc- portant to the board. However, we do tion authorizing the sale of $550,000 1
ceeds Liese Bronfenbrenner, who . believe . in growth ; but it -does not in bonds , to cover the cost of sewer
has been chairman of the board for mean a, haphazard growth. We are improvements .
the past two .years. planning for a very . - controlled . The town will also be negotiating
Aron , general manager of 89 growth. " a county-town road swap. , The town
Lumber and Supply Co. , is a mechan- In other business : is attempting to trade a portion of
ical engineer and has been with the • The board decided to once again Sheffield Road for, portions _ of
firm since 1962 . He was appointed to leave its share of sales tax revenues Renwick Heights and Judd Falls
the planning board minutes after a with the county, to offset town resi- roads.
vote in which he lost a bid to repre- dents ' county tax rate. The action . And Desch, announced the begin
sent the town on the county board , will make the county tax rate for ning of a " revolving file" for the
f Bronfenbrenner has made no se- Ithaca townspeople 17- cents instead town, to be located at the town hall .
cret of her desire to leave the chair.` of $4. 28. The alternative would be to It will be a file .of all non-confidential
manship, but said in a letter to Town " have -the sales tax revenues returned correspondence received by the
Supervisor Noel Desch that she to the town , to lower town taxes . town , and each letter will remain in 1
would consider staying on as a board instead ; -but Town Supervisor Noel the file for about a week .
r,
a