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HomeMy WebLinkAboutPB Minutes 1980-11-04 TOWN OF ITHACA PLANNING BOARD NOVEMBER 41 1980 The Town of Ithaca Planning Board met in regular session on Tuesday , November 4 , 1980 , in Town Hall , 126 East Seneca Street , Ithaca , New York ; at 7 : 30 p . m . PRESENT : Vice Chairman Montgomery May , Barbara Schultz , James Baker , Bernard Stanton , Edward Mazza , Liese Bronfenbrenner , Carolyn Grigorov , Lawrence P . Fabbroni ( Town Engineer ) , Barbara Z . Restaino ( Town Planner ) , Lewis D . Cartee ( Town Building Inspector / Zoning Enforcement Officer ) , Nancy M . Fuller ( Secretary ) , ALSO PRESENT : Philip Winn , Esq . , Armand L . Adams , Esq . , Arnold J . Albrecht , Stewart D . Knowlton , Vice Chairman May declared the meeting duly opened at 7 : 31 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on October 27 , 1980 and October 30 , 1980 , respectively . PUBLIC HEARING : CONSIDERATION OF SITE PLAN APPROVAL FOR ADDITIONAL BUILDING SPACE ( REMOVAL OF EXISTING SPACE AND REPLACEMENT THEREOF BY . ATTACHED BUILDING OF 108 ' X 80 ' OF SLIGHTLY DIFFERENT CONFIGURATION ) ON LANDS OF THERM , INC . , TAX PARCEL NO . 6 - 54 - 2 - 1 . Vice Chairman May declared the Public Hearing in the above - noted matter duly opened at 7 : 32 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Arnold Albrecht , Engineer with Therm , Inc . , was present . Mr . Albrecht appeared before the Board and appended two maps to the bulletin board . Mr . Albrecht indicated the old warehouse building which is to be demolished and noted that that building was separated from and not parallel to the existing main Therm building . Mr . Albrecht pointed out how the new 80 ' x 110 ' building will be attached to the main building at its northeast corner . Mr . Albrecht distributed photographs of a building similar to the one propsed and noted that it will be an all steel , pre - engineered building , all one • room . Mr . Albrecht stated that the building will be 17 ' high at the ridge , and 12 ' at the eave , with an insulated roof and side walls and with doors and windows . Mr . Albrecht stated that they do not have the plans completely firmed up exactly at this point , however , it is planned that the building will have a masonry floor , masonry foundation , steel frame , roof , and walls , with glass insulation and heat . Mr . Mazza asked how tall the existing building was , with Mr . • Albrecht responding , 914 " , and adding that they cannot do without the space . Vice Chairman May asked if the plans were to tie the roof line into the new existing building , that is , the one that is being worked on , with Mr . Albrecht responding , yes . Mr . Mazza , referring to the I Planning Board - 2 - November 4 , 1980 • site plan , wondered what was going to happen to all the sanitary sewer lines shown . Mr . Albrecht indicated on the drawing where the new sanitary sewer runs , commenting that the old one became the new one and adding that it is a large 6 " sewer line . Mr . Albrecht pointed out that all they are doing is changing buildings and described how they are going to :build the new one around the old one and then tear down the old one . Mr . Stanton commented that the parking is not changed essentially at all . Mr . Albrecht stated that they have been hiring quite a few pE! ople and they have parking , however , it is more and more of a problem . Mr . Stanton asked if the new building will take over any existing parking spaces , with Mr . Albrecht answering , no . Mr . Fabbroni stated that he wanted it to be clear that the storm drain must not be hooked into the sanitary sewer . Mr . Albrecht stated that it is not . Vice Chairman May stated that it needed to be noted that a SEAF was not required in view of the fact that the request involves the removal of an existing building and the replacement of same with a building occupying less than 50 % of the space . Vice Chairman May asked if there were any further questions from the Board . Mrs . Schultz asked if the buildings were going to be interconnected , with Mr . Albrecht responding , yes , with a door cut in . MOTION by Mr . Bernard Stanton , seconded by Mrs . Carolyn Grigorov : RESOLVED , that the Town of Ithaca Planning Board grant and hereby does grant Site Plan Approval for additional building space for Therm , Inc . , as shown on plan entitled " Therm Boundaries Showing Location of Proposed Addition " , dated 3 - 30 - 75 , revised 2 - 80 , by H . E . Stabel , and essentially as shown on sketch plan entitled " Therm Warehouse Reconstruction. " , dated 9 - 23 - 80 , by A . J . A . There being no further discussion , the Vice Chair called for a vote . Aye - May , Schultz , Baker , Stanton , Mazza , Bronfenbrenner , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman May declared the matter of site plan approval for the proposed additional building space at Therm duly closed at 7 : 43 p . m . PUBLIC HEARING : CONSIDERATION OF APPROVAL OF A PLAN FOR THE SALE OF 1 - 1 / 2 ACRES OF LAND , BEING A PORTION OF THE REMAINING LANDS . OF JOHN MARION , ON THE NORTHWEST SIDE OF SLATERVILLE ROAD , BEING A PART OF TAX PARCEL NO . 6 - 58 - 2 - 22 . 2 . Vice Chairman May declared the Public Hearing in the above - noted matter duly opened at 7 : 44 p . m . and read aloud from the Notice of . Public Hearings as posted and published and as noted above . Attorney Armand L . Adams , Attorney for Mr . John L . Marion , and Attorney Philip S . Winn , Attorney for Professor Heinz Biesdorf , were present . Planning Board - 3 - November 4 , 1980 • Attorney Adams appeared before the Board and stated that he was not sure of what was being done tonight , but this approach appears to be the best way to go . Attorney Adams stated that he is somewhat in disagreement with Mr . Fabbroni as to whether this is or is not a subdivision . [ Refer to Exhibits 1 , 2 , 3 , and 4 attached hereto . ] [ Refer also to Exhibits 5 , 6 , 7 , and 8 attached hereto . ] Attorney Adams referred to a map of the proposed subdivision showing the proposed 1 = 1 / 2 acre parcel for which there is a contract for sale to Biesdorf and commented that there were some questions as to what was needed here because of previous sales by Mr . Marion , adding that , depending on the outcome of this , they are in the process of the fourth or fifth lot . Attorney Adams recalled that at one time this was a subdivision at the intersection of Pine Tree Road and Slaterville Road , and noted that most of this has previously been sold off and the subdivision extinguished . Attorney Adams noted that all the lots have been sold on " these two sides " [ indicating on map ] , adding that the only remaining property is the back portion and frontage across " here " [ indicating ] . Attorney Adams stated that about one year ago " this " remaining parcel was sold to one person [ indicating ] , noting that there were five lots sold to three different people - - what: was formerly a " straight back line " to these people . Attorney Adams: stated that he thought of this as one sale , however , Mr . Fabbroni sees it as three sales . Attorney Adams stated that next came a sale to Zwerman and Mr . Marion is now selling two portions to Biesdorf each :marked " A " on the map and containing 0 . 5 ± acres and 1 . 0 ± acres , respectively , adding that that may be the only thing they are interested in tonight . Attorney Adams noted that there are remaining lands as noted in his letter of September 25 , 1980 [ attached hereto as Exhibit 1 ] , some of which has water and sewer and some has not , adding that " this " parcel which they are concerned with has water and sewer . Attorney Adams offered that there were three sales from these remaining lands , if you consider it a subdivision , divided into two lots as proposed on the map . Attorney :Philip Winn noted that Attorney Adams wanted approval of two building lots for Biesdorf which he intended to describe as two separate parcels which he will call " A " and " B " , adding that we are talking about Biesdorf , and further adding that the only thing left after that will be the area marked in yellow . Vice Chairman May stated that he was not sure what the Planning Board ' s action should be here tonight , adding that if the Board declares this a subdivision , it should look at the other lands . Mr . Fabbroni stated that the Town has always considered a subdivision to be the third lot that anybody subdivided , commenting that the definition of a subdivision can be looked at in the subdivision regulations . Mr . Fabbroni commented on someone claiming any amount of frontage along a road and subdividing ad infinitum without coming to the Planning Board , noting that Mr . Marion has been in to subdivide ; Mr . Biesdorf has been in to subdivide ; he , himself , • has been in to subdivide beyond three lots . Mr . Fabbroni stated that the actions of the Board have been pretty consistent as to what establishes a subdivision and what does not , adding that in this particular case , certain actions have eliminated rights of way for Planning Board - 4 - November 4 , 1980 . roadways , and the matter involves a major pond and rights of way as well as environmental constraints since the matter is an Unlisted action that :involves some environmental assessment . Mr . Fabbroni stated that there have been a lot of charges that have been put upon the Planning :Board over and above the subdivision regulations , that is , things the Board can review both under SEQR and the subdivision regulations . Mr . Fabbroni stated that he had suggested a preliminary subdivision hearing with respect to all those lots about which we are talking , adding that , as to Biesdorf and Zwerman , surveys have been done and we have those survey maps so he did not see the need for a separate survey map since they are the whole and parts of the whole , and further adding that it is just as simple as reviewing a subdivision . Mr . Fabbroni , commenting that he then received the September 25th letter , stated that he got the impression that the applicant thought you could subdivide the larger parcel as long as there is frontage along a roadway . Mr . Fabbroni stated that if you were to take that stance and were to insist upon definition - - the only right of a Planning Board under master planning laws has to do with a roadway system only - - he really could not follow the logic even on six acres when there is a sale to two people and those two people split off a portion and then a third is split off and so on , adding that this is not standard business when it can be as simple as taking parts of the whole and the whole . Mr . Fabbroni noted that drainage courses need to be considered , commenting on water spilling on to other properties . Mr . Fabbroni wondered again what happened to • " this " [ indicating ] right of way and asked if it were a conscious decision and if it was supposed to connect into the south end of " this " [ indicating ] property , and noted that that option is gone now by a prior sale , adding that it is not that every little sale you make is subject to the subdivision regulations . Mr . Fabbroni pointed out that Mr . Marion has been very friendly to the Town in past years , commenting that he wanted to continue that , and adding that he has been very cooperative with the Town as far as informal drainage easements are concerned . Mr . Fabbroni pointed out that matters like park drainage easements need to be worked out , however , those are later items . Mr . Fabbroni offered that he saw it as a simple thing and it has gone on for two - and - a - half months . Attorney Adams responded that he thought we were doing this exactly , adding that at some time Mr . Marion is going to sell " Parcel 4 " and " Parcel 3 " over time [ Exhibit 51 , and asking whether he has to have subdivision approval . Attorney Adams stated that , just as Mr . Fabbroni suggested , they are limiting themselves to just one area , and spoke of the Tavelli and Zwerman transactions and the one - and -one - half acres at present . Mr . Fabbroni stated that some of his comments referred to "' Parcel 3 " which was in Attorney Adams ' letter of September 25 , 1980 . Attorney Adams stated that at some stage Mr . Marion wants -to sell lots marked " 3 " and " 411 , however , tonight he wants approval of the Biesdorf lots . It was noted that there are also two more little " yellow " lots as part of an approval of subdivision . • Vice Chairman May stated that he was having a little difficulty in seeing how the Board can separate a parcel and relate that to the balance of the lots . Mr . Fabbroni pointed out that this should have been a preliminary subdivision hearing , adding that the Planning Board Planning Board - 5 - November 4 , 1980 • always has the prerogative to waive the second subdivision hearing . Mr . Fabbroni ,suggested that the Board may want to discuss the whole thing at this time and then have a preliminary hearing and waive the final hearing and grant final approval . Attorney Adams noted that the drainage from the pond goes over the Zwerman lands . Vice Chairman May stated that the pond is of very great concern and if that is filled up we could have real problems . Mr . Fabbroni offered that the drainage courses would have to be checked out . Mrs . Bronfenbrenner commented that , if it is sold as an individual lot , the Board has no control . Mr . Fabbroni noted that all the copies of the maps the Board has constitute survey maps and they could serve as the record of the subdivision plat . Mr . Stanton spoke of subdivision maps which he referred to a maps 1 , 2 , and 3 . Attorney Adams pointed out that what Mr . Stanton was referring to was not a subdivision map and stated that the only one is " McCurdy ' s " map . Mr . Fabbroni commented that we are talking beyond that . Mrs . Bronfenbrenner asked about the status of the Blatchley land , wondering what he was going to do with it . Attorney Adams referred to parcel - 31 . 1 . Mr . Fabbroni lead the Board in a discussion using an aerial * photograph , pointing out that it may be reasonable to assume that , because of the extent of the Blatchley lands , there is access from Honness Lane or from Slaterville Road , so a re - subdivision of the Marion lands would be reasonable without requiring a third access out . Attorney Adams stated that Mr . Marion has no objection to giving the • Town whatever it needs , adding that the Board can call it a subdivision and have another hearing - - it makes no difference . Vice Chairman May asked if there had been any ruling from Town Attorney Buyoucos , with Mr . Fabbroni responding , no , only that he cannot get to it right away , and adding that if # 3 were to be sold in total nothing would be required , but , if Mr . Marion were to start selling in five - acre chunks then it is a subdivision matter . Mr . Fabbroni noted that the discussion tonight is with respect to # 1 , adding that # 3 is another matter , as is # 4 . Vice Chairman May commented that all of # 1 should come in , adding that the Board will have to look at the total lands in the section called # 1 . Vice Chairman May suggested that the Board schedule this matter for November 18th - - Preliminary Subdivision Hearing - - for review of the lands of Marion indicated as Parcel # 1 on Schedule " X " [ Exhibit 51 . Mr . Stanton pointed out that for almost all. of the recent subdivision hearings someone from the Planning Board has gone to visit the site . Vice Chairman May closed the Public Hearing at 8 : 21 p . m . MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . James Baker : RESOLVED , that the Town of Ithaca Planning Board schedule and hereby does schedule a Public Hearing for consideration of preliminary subdivision approval for lands of John Marion , Pine Tree Road , former Parcel No . 6 - 5) 8 - 2 - 22 , now 6 - 58 - 2 - 22 . 12 , 22 . 11 , 22 . 13 , and 22 . 2 on Tuesday , November 18 , 1988 , at 7 : 30 p . m . • There being no further discussion , the Vice Chair called for a vote . Planning Boaro! - 6 - November 4 , 1980 • Aye - May , Schultz , Baker , Stanton , Mazza , Bronfenbrenner , Grigorov . Nay - None . Vice Chairman May requested that Notice be sent to all property owners involved with property in the area designated as " 1 " on the exhibit . Vice Chairman May requested a new EAF from Attorney Adams to include consideration of the pond . Vice Chairman May declared the subject public hearing duly closed at 8 : 34 p . m . PRESENTATION BY MR . GARY EVANS , TOMPKINS COUNTY PLANNING DEPARTMENT , TO EXPLAIN THE BENEFITS AND PURPOSE OF THE AGRICULTURAL DISTRICT LEGISLATION AND THE NEW PROPOSAL TO CONSOLIDATE AGRICULTRUAL DISTRICTS IN TOMPKINS COUNTY , Mr . Evans appeared before the Board and appended a large colored map to the bulletin board , in addition to which Ms . Restaino had tacked a Town of Ithaca base map showing existing Ag District No . 6 , in brown , and certain proposed additional lands , in green. [ See also Exhibit 9 . ] Mr . Evans , commenting that the law with respect to Ag Districts was passed in 1971 , noted that Tompkins County Ag District No . 1 was formed first as a result of a proposal for a road - - then came No . 2 , then No . 3 , and stated that almost all of these became effective at the same time in 1973 . Mr . Evans noted that there are now eight Ag Districts covering over 50 % of the area in the County . Mr . Evans spoke of the Ag District Advisory Committee which is a group comprised of four farmers , four agri -business persons , and one County representative ,, commenting that it feels it has done its work fairly carefully and :in keeping with the Ag District law in order to keep Ag District land viable . Mr . Evans stated that there is land for which the owners do not want to be in a district , which has created some peculiar holes , for example , there may have been an expansion of a sewer or water district so the owner of any such land so served does not want to be in an ag district , and so on . Mr . Evans commented that some of the reasons for some owners opting to be in an ag district and some not wanting to do that are that they are cautious or because of misinformation , and so on . Mr . Evans stated that there is still some viable agricultural land that is not in an ag district , but the Ag District Advi :; ory Committee is faced with a requirement of an eight - year review of No . 1 , No . 2 , and No . 3 anyhow , so they said - - why not get the remaining viable land into the ag districts ? [ See letter dated October 9 , 1980 , with attachment , from James W . Ray , Chairman , Tompkins County Agricultural District Advisory Committee , to the Town Supervisor , attached hereto as Exhibit 10 . ] Utilizing the map , Mr . Evans pointed out that Mr . Howard Conklin and Mr . Linton and mapped out viable agricultural land in the County in three categories - - the " darker " of which being the more choice [ Exhibit 11 ] . Mr . Evans pointed out that viable ag land under Conklin has a fairly precise meaning , that is , viable and should remain so were it not for urban pressures , Mr . Evans stated that , with that in mind , he took " this " outline [ indicating ] of viable land and superimposed on it the ag districts and showed where viable land extends outside . Mr . Evans stated that he then went to recent aerial photos and tried to make reasonable guesses as to whether the land was in cultivation , which Planning Board. - 7 - November 4 , 1980 was not so easy , and he came up with a group of parcels in a slightly more sophisticaed map , that is , parcels which fit the criteria . Mr . Evans noted some of the criteria as - - land not in an ag district , land of more than ten acres of viable land and currently in ag production . Mr . Evans stated that the owners of all of these parcels were notified by mail that the Advisory Committee was going to include these lands in the ag district unless it was notified that they did not want to be in it . Mr . Evans , commented that some said " No , thanks . " and are shown in black . Mr . Evans noted the ones in " green " which represent those owners who came in and said that they would like to be in . Mr . Evans pointed out that the " yellow " parcels are ones the Advisory Committee at its last meeting said ought to be included . Mr . Evans stated that at the last meeting after this decision was made by the Committee they took a vote on whether or not inclusion of " these " down in " this " area [ indicating ] should be accomplished by consolidating all of the ag districts into one . Mr . Evans noted that the vote was six in favor and three against and Jim Ray , Chairman of the Committee , was very unhappy with that as he likes unanimous recommendations and so does the Board of Representatives . Mr . Evans stated that it: has been decided to have another meeting on the 11th , with the Board of Representatives members having been invited to attend , commenting that he supposed some kind of compromise would try to be worked out . Mr . Evans stated that the people opposed were not opposed to consolidation at all but were concerned about one whole district - - map 1 , 2 , or 3 . Mr . Evans stated that the Farm Bureau • passed a resolution that there should be no fewer than four , their reasons being that agriculture is not homogeneous throughout the County and also that it would impair Home Rule - - those were their arguments . Mr . Evans stated that it appears that at the November 11th meeting some sort of compromise will be arrived at , however , he had no idea what that: would be . Mr . Evans described some division dividing lines - - ( 1 ) break it down the middle into two which would be fine , but what is the point ? , and ( 2 ) follow municipal boundary lines in some fashion so at least you would be talking about discreet municipal areas and the first consolidation would be all above " this line " [ indicating ] 11 2 , and 3 have to be done anyhow and No . 4 is coming up , and then No . 5 when it comes up for review in 1984 , then consolidate it with Ag District No . 6 and part of No . 8 in the Town of Caroline . Mr . Evans noted again that he had no idea which way things would go . Mr . Fabbroni wondered , when you consolidate , does that start the eight years all over again , with Mr . Evans responding , yes . vice Chairman May wondered if , when you consolidate , that precludes changes . Mr . Evans stated that once land is in an Ag District it sits for eight years with the built - in flexibility that if a sizable piece - - at least 500 acres - - then a new ag district can be created within the ag district . Mr . Evans noted that within an ag district there are things that can be done , adding that he could not think of anything you cannot do . Mr . Mazza inquired as to what the advantages are . Mr . Evans responded that if you are . a farmer you can get your land assessed as an agricultural use rate oly, that is , assessment of the land and not its location . Planning Board. - 8 - November 4 , 1980 • Ms . Restaino inquired as to what this designation might do with , respect to wager and sewer extension . Mr . Evans stated that it does not stop them , adding that , in the event that some condemnation is required , for example , location of a water storage tank , all you have to do is show that one site is better than some other , and , when it comes to your special use assessment , then you can do so only on a unit basis , such that someone with a half a mile of frontage can only be charged one unit , not all the footage . Mr . Mazza wondered about the disadvantages . Mr . Evans responded that he was not sure there are any except maybe that you cannot change the use without paying back the taxes you have enjoyed reduction in . Mr . Stanton commented that Ag District No . 6 has a lot of land in it that is not, viable in his opinion , adding that the " buffer " is one thing people agree on , and further adding that if more and more people go for agricultural assessment it shifts the burden of taxes to other people . Mr . Evans stated that you do not get ag reduction assessment until you are farming the land and spoke of a $ 10 , 000 figure . Mr . Fabbroni asked about the " orange " properties which Mr . Evans showed in the Town , on Mecklenburg Road and West Haven Road , and pointed out that most of these lands are held by speculative interests . Mr . Evans responded by describing amendments to the Ag District law , one change in particular having to do with • non - conforming farmland owners , noting that , if you own that but are not farming it , it can qualify if the operator who is farming it qualifies on the land that he owns . Mr . Evans noted that the farm operator could include income from the land that he is renting with his own land , and , the owner can also include it . Mr . Baker stated that that is a big help , adding that it ensures the farmer having land to rent , and further adding that it is an advantage to keep it , he felt . Mr . Fabbroni commented that they have an obligation to keep land in active production for eight years . Mr . Evans pointed out that it is a lease agreement of at least five years , not an eight - year commitment . Vice Chairman May spoke of the recognizing of wood lots of less than $ 1. 0 , 000 . Mr . Evan stated that it does not qualify unless $ 10 , 000 , adding that if you are a farmer with a wood lot you can include up to $ 2 , 000 of that . Mr . Evans indicated that he had no further information for the Board at this time and thanked the members of the Board for allowing him to explain some of the thoughts behind the proposal for consolidation of the agricultural districts in Tompkins County . Vice Chairman May expressed to Mr . Evans the thanks of the Board for attending this meeting of the Planning Board , DESIGN REVIEW BOARD ( PLANNING BOARD ) - SIGNS 1 . 9 : 00 P . M . - - East Hill Car Wash - - East Hill Plaza • Mr . Stewart Knowlton appeared before the Board and appended to the bulletin board a copy of Town of Ithaca Tax Map No . 62 , upon which Parcel No . 62 - Ad'. - 13 . 2 had been colored in in yellow , and within which the 60 - foot right of way and the car wash itself had been delineated . Planning Board. - 9 - November 4 , 1980 • Mr . Knowlton stated that the area in which the car wash is located has been sold in fee to Mr . and Mrs . Kailburn . Mr . Knowlton stated that what motivated his being here tonight was to try to establish a logical pattern for the " freestanding sign " as it relates to the new Sign Law [ August 11 , 1980 ] . Mr . Knowlton stated that it appeared to him to come under the multi - use development pattern , therefore , the entire yellow parcel [ indicating ] would be permitted one sign of 50 sq . ft . Mr . Knowlton stated that the sign planned is proposed to be in between thE! drive. leading into the car wash , the new paved drive , and the service drive into Eastern Artificial Insemination Co -Op near Judd Falls Road , Mr . Knowlton indicated the 60 - foot wide right of way presently paved just slightly under 20 feet leaving 20 feet , plus or minus , on either side of the paving to the edge of the easement area . Mr . Knowlton stated that what the design of the sign would be is not to the maximum allowed and would be a directional sign that would have three panels on each side , 290 of the piece outlined in yellow , and would be three clearly sized panels 1 ' x 7 ' on a 4 ' x 8 ' background . Mr . Knowlton displayed for the Board a mock -up with the words " East Hill Car Wash " . Mr . Knowlton stated that he would like to see a detachable panel screw on all of them for maintenance , adding that he would not want it any bigger , and further adding that he would like to go up with Mr . Cartee and Mr . Fabbroni to take a look at the sign height off the ground since he was not sure about the height - - whether above a car or what . ® Vice Chairman May inquired if there were to be three potential businesses in connection with the land sold , with Mr . Knowlton responding , no , and adding that it is not a part of East Hill Plaza . Mr . Knowlton sltated that they sold a little part of the yellow portion with the car wash in fee and kept the right of way and the remaining lands . Mr . Knowlton commented that this sign would remain and because it is so undersized they could use the bottom two panels . Mr . Knowlton offered that they could have up to 100 feet of signage , but they are talking about 64 sq . ft . - - 32 sq . ft . on each side . Vice Chairman May stated that he was having difficulty with two freestanding signs , noting that they have one " East Hill Plaza " freestanding sign now . Mr . Knowlton responded that this has nothing to do with the Plaza , adding that there is no entrance to there , and further adding that the car wash access is limited to the 60 - foot right of way from Judd Falls Road . Vice Chairman May , commenting that he did not remember it that way , stated that he thought they were going to have internal access . Mr . Knowlton pointed out that then we go into discussions of drainage . Mr . Cartee offered that the owner of the car wash has no way of advertising , with Vice Chairman May responding , that is fine , in that case . Mr . Knowlton stated that he kept the sign small very carefully , adding that he thought the sign should be six feet off the ground . Vice Chairman May asked how far the sign would be back from Judd Falls Road , with Mr . Knowlton responding , about twenty feet . Mr . Mazza asked where the sign would be' located , with Mr . Knowlton responding , between the new paved • portion and the EAI Co -Op driveway . Mr . Mazza suggested that the height should be considered for visibility . After brief discussion , it was the consensus of the Board that Planning Board. - 10 - November 4 , 1980 • the sign proposal is fine and within the requirements of the Sign Law , the Planning Board having reviewed it and determined it to be within the bounds of the Building Inspector to issue a permit , upon application , and , therefore , the matter is referred to him . 2 . 9 : 15 P . M . - - Lil ' s Economy Motel - - 658 Elmira Road Mr . Cartee noted that the subject motel had a sign approval in November of 1976 when it was the " Dun Rovin Motel - - Spartan Inn " , and a sign approval in February of 1980 when it was the " Wonderland Jr . Motel " . Mr . Cartee noted that the present request is for a sign approximately 66 . 01 sq . ft . in size reading , " Lil ' s Economy Motel - - Color TV - - Heated Indoor Pool - - Dining Room & Lounge " , and is made of plastic with neon tubing . Vice Chairman May stated that it was his opinion that it is a new sign and is non - conforming and , therefore , requires design review . Ms . Restaino offered that , to her , it seems very similar to the sign that was okayed for Indian Creek Fruit Farm , and she suggested the same procedure . Mr . Fabbroni noted that under design review , the Board can vary up to 25 % . MOTION by Mr . Montgomery May , seconded by Mr . Bernard Stanton : RESOLVED , that the Town of Ithaca Planning Board , pursuant to Section 9 . 03 - 2 of the Town of Ithaca Sign Law , vary and hereby does vary the maximum sign size limitation to permit the existing sign for Lil ' s Economy Motel to remain in place . There being no further discussion , the Vice Chair called for a vote . Aye - May , Schultz , Baker , Stanton , Mazza , Bronfenbrenner , Grigorov . Nay - None . The MOTION was declared to be carried unaimously . APPROVAL OF MINUTES - - May 6 , 1980 MOTION by Mrs . Liese Bronfenbrenner , seconded by Mr . Bernard Stanton : RESOLVED , that the Minutes of the Town of Ithaca Planning Board Meeting of May 6 , 1980 be and hereby are approved as written . There being no further discussion , the Vice Chair called for a vote . Aye - May , Schultz , Baker , Stanton , Mazza , Bronfenbrenner , Grigorov . Nay - None . • The MOTION was declared to be carried unanimously . Planning Board - 11 - November 4 , 1980 APPROVAL OF MINUTES - - September 23 , 1980 MOTION by Mr . Edward Mazza , seconded by Mr . James Baker : RESOLVED , that the Minutes of the Town of Ithaca Planning Board Meeting of September 23 , 1980 be and hereby are approved as written . There being no further discussion , the Vice Chair called for a vote . Aye - May , Schultz , Baker , Stanton , Mazza , Bronfenbrenner , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . REPORT OF THE :BUILDING INSPECTOR Mr . Cartee noted that his October 1980 Report of Building Permits Issued indicates that 5 permits were issued for $ 340 , 280 . 00 in improvements , as compared with October of 1979 when 7 permits were issued for $ 265 , 500 . 00 in improvements . REPORT OF THE TOWN ENGINEER Mr . Fabbroni reported that everything has been finished in Town Hall except for cosmetics , noting in particular , the Board room . Mr . Fabbroni commented that , hopefully , the painter is coming back to work next week . Mr . Fabbroni reported that the other main item is finishing up all the contracts now and budgeting for next year , adding that , basically , there is no money , so it will be a good planning year . REPORT OF THE TOWN PLANNER Ms . Restaino stated that her report tonight would consist of wishing that the Board has fun tonight - - watching the election returns on television . ADJOURNMENT Upon Motion , Vice Chairman May declared the November 4 , 1980 meeting of the Town of Ithaca Planning Board duly adjourned at 9 : 40 PQM * Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Planning Board . • ADAMS & T'HEISEN ARMA\D z ADAMS • ATTORNEYS AND COUNSELORS AT LAW HENRY W. THSISEar THE CLLITON 1101USE, SUITE 301 RALPH W. NASH 103 WEST SENECA STREET „ TELEPHONE (807) 272-3442 ITHACA, NEW YORK 14850 September 25 , 19803 `) 01980 TOWN OF ITHACA Lawrence P . Fabbroni , Engineer Town of Ithaca 126 East Seneca Street Ithaca , NY 14850 Re : John Marion Properties Town Approval of Sale 58- 2- 22 et al Dear Mr . Fabbroni : • On our request for approval of a building permit for a lot which is now a part of Parcel 58- 1 - 22 ( on the Pine Tree and Slaterville Roads ) you advised that this constituted a " subdivision" and no building permit can be issued until the Town :Board and / or Town Planning Commission have reviewed and approved the " subdivision" . " Subdivision" as defined in the Subdivision Regulations Section 3 , "means the division of any parcel of land into two or more lots , plots , sites or other divisions of land for immediate or future sale or for building development in such a way as to create one or more new streets " . The sale which we have asked you to approve of one parcel of one and one- half acres ( See map " C" enclosed) lies between two already existing streets , and does not contemplate any new street . In our conversation you indicated that " any sale of over 4 lots constitutes a subdivision'.' . In this regard it seems to me you have confused the provisions of Public Health Law § 1115 which have to do with water and sewerage service rather than planning or zoning . The purchaser (Hans Biesdorf ) does expect to divide this 1 1 /2 acre parcel into two residential lots , one of 1 / 2 acre fronting on Slaterville Road and one of 1 acre extending between the Slaterville Road and the Pine Tree Road on which the barn now stands ( See Map " C" ) . Though we do not agree with your conclusion that approval of a subdivision is required (because you claim more than 4 residential size lots have been sold from this parcel 58 - 2- 22 ) it may perhaps serve the purpose of the Town and Mr . • Marion if we obtain a clarification of the Town Board and / or Planning Commission ( 1 ) whether the sale of parcels of land of whatever size , if serviced by water and sewer facilities , but do not involve or contemplate new streets , requires a subdivision approval ; ( 2 ) whether a subdivision approval if more than one lot is required before a building permit can be issued ; ( 3 ) if required , approve a building permit for the two lots to be sold to Biesdorf ( See Map " C " ) ; EXHIBIT 1 Lawrence P . Fabbroni , Engineer Re : John Marion Properties September 25 , 1980 • Page 2 . and ( 4) what future steps ( other then compliance with minimum lot size and health department requirements ) Mr . Marion must take to dispose of ALL of his remaining land holdings . As you are aware , John Marion owns more land in the Town than is included in the 1960 Subdivision Map , hereinafter referred to . He has liquidated some of his holdings recently ( to Tavelli et al and Zwerman) . Prior to these sales he owned a total of almost 74 acres which are now represented by 3 tax parcels . In his planned land liquidation he had these lands divided slightly different from the Tax Parcels and broken down into 4 sections , one of which ( Section 2 ) was his residence and appurtenant buildings . The enclosed map marked " X" which is based on the tax maps 57 and 58 , shows this division into Sections ( for purpose of sale ) as follows : SECTION TAX PARCEL ACREAGE 1 58 - 2- 22 and former parcels 6 . 4 ) . . 8 . 14 24- 27 1 . 74) 2 57 - 1 - 11 (house and barn ) 1 . 0 ) 1 . 25 • 57- 1 - 11 ( 1 / 2 of lot 23 ) . 25 ) 3 57 - 1 - 11 ( remaining) 43 . 68 4 58- 1 - 32 19 . 5 ) 20 . 76 58 - 1 - ( former 29 and 30 ) 1 . 26 ) TOTAL 73 . 83 Acres All this acreage except Section 2 ( residence ) is now on the market . The immediate prior sales ( Tavelli et al and Zwerman) and the proposed present sale (Biesdorf ) are all in Section 1 . All of Section 1 and the 1 . 26 acre portion of Section 4 were AT ONE TIME a part of a FORMAL SUBDIVISION . The enclosed large map by J . C . McCurdy under date of October 10 , 1960 shows this subdivision . This subdivision was approved for health requirements by the County Board of Health on October 11 , 1960 . By action of John L . Marion dated October 30 , 1978 this subdivision was discontinued . On the aforesaid large map we have marked in Red pencil the several parcels of land which have been sold or contracted to be sold , and in Yellow pencil is marked the lands on that map (which includes Section 1 and a small portion 1 . 26 acres - 2 lots and road between) of Section 4 ) which have not been sold . Prior to the extinguishment of the subdivision plan all of the lots on the east side of Pine Tree Road ( tax lots 14 through. 27 and north half of lot 13 ) • and all the lots on the west side of Pine Tree Road ( tax lots 14 through 21 ) were . sold . Since the subdivision was extinguished ( 10 / 30 / 78 ) two parcels have been sold and one is in the process of sale ( the transaction with which we are now concerned) , as shown by the following maps , copies of which are attached . EXHIBIT 1 Lawrence P . Fabbroni , Engineer Re : John Marion Properties • September 25 , 1 ,980 Page 3 A . Sale of 3 . 24 acres of land to three present owners of lands on the Pine Tree Road ( Tavelli , Turnbull and Carmichael) at the rear of their present residential lots , see Brasher Map of "Portion of Lands of John L . Marion Showing Three Lots to be Conveyed" , dated 7 / 22 / 1979 [ See deed recorded 573 /588 ] . B . Sale of 1 . 224 acres of land to Paul Zwerman ( supposedly for a building site) . See Brasher Map dated 1 / 2 / 1980 . This sale constituted ALL of the remaining frontage on the northeast side of the Slaterville Road . C . Proposed (.pending) sale to Hans Biesdorf of 1 . 5 acres lying between the Slaterville Road. and Pine Tree Road and including the barn . See Schlecht Map dated 9 / 16 / 1980 . After this third sale , all that will remain of the former subdivision (McCurdy Map 10- 10- 60 ) are the two areas marked in Yellow . One has a frontage on the west side of Pine Tree Road (north of Biesdorf and south of Turnbull of 405 feet more or less ; the other consists of the area on. the west side of the Slaterville Road consisting of the 1 . 26 acres in Section 4 , ( formerly tax parcels 58- 1 - 29 and 30 ) . • When offers are received for purchase of these two areas ( in Yellow on the large map ) Mr . Marion will want to consider them . If possible , they will be sold as complete parcels . We do need to know what steps must be taken to get the Town approval to sell these areas . Neither would seem to contemplate streets . The same is true as to the lands shown on Map " X" as Sections 3 . and 4 ( exclusive of the 1 . 26 acres ) . Presumably , both these areas to be " developed" will require streets and a planned development , which Mr . Marion has no intention of undertaking . However , if any municipality claims that even if sold in the large acreage they constitute LOTS which added to the premises sales will bring the total to over 5 , we need to know it now , before the areas are offered for sale . In the event of both sale of Sections 1 and 4 , we would expect the purchaser - developer and not Mr . Marion , to obtain any necessary permits . Will you please see that the appropriate Town officials and / or Boards consider all of these matters . The first urgency is the approval of the sale to Biesdorf of the 1 . 5 acre parcel comprising two lots as indicated. by Map " C" , and the issuance of building permits for these two lots . Yours tr y , . Aoe .. Armand L . Adams • ALA/sep enclosures cc : John L . Marion Philip S . Winn , Esq . Noel Desch , Supervisor EXHIBIT 1 TOWN OF ITHACA 126 EASY SENECA STREET ITHACA, NEW YORK 14850 September 26 , 1980 . Armand L . Adams , Esq . The Clinton );louse , Suite 301 103 West Seneca Street Ithaca , NY 1. 4850 Re : John Marion Properties Town Approval of Sale 58 - 2 = 22 et al Dear Mr . Adams : Since I will be out of Town until October 72 1980 ) 1 thought a brief immediate response to your September 25 , 1980 , letter would be in order . As we discussed in my office in August and one time later , I do not share your interpretation of the. Town Subdivision Regulations , and history does not reinforce your opinion either . However , I will discuss the issues with regard to subdivision raised in your letter with Mr . Buyoucos , Town Attorney , Mr . Montgomery May , Planning Board Vice - Chairman , and • Mr . Noel Desch , Town Supervisor , as you requested . It seems curious to me that Mr . Marion ever bothered to obtain Town Planning Board approval of his subdivided lots along Pine Tree Road and Slaterville Road in October 1960 , if all he required were Health Department approval . Also , the Town cannot , and will not , stand idly by while you eradicate former subdivi - sions of lands , but then re - subdivide the same lands without pro - per Planning Board consideration of proposed drainage courses , access to adjacent undeveloped properties and rear lands , environ - mental assessment. , open space , etc . At this point , I believe the maps you have submitted are sufficient to call a preliminary subdivision hearing for Parcel 12 as you refer to it . This meeting should be arranged through Mrs . Fuller. , Planning Board Secretary , and further required submittals , e . g . , environmental assessment forms , should be discussed with Mrs . Restaino , Town Planner . I believe , with the proper request by 10 : 00 a . m . Monday , September 29 , 1980 , a Public Hearing might be scheduled for an October 7 , 1980 , meeting . gawrence rely yo ®rJ74 7 s • LPF / nf P . Fabbroni , P . E . cc - John L . 10arion Town Engineer Philip S . Winn , Esq . Noel Desch Nancy Fuller Montgomery May EXHIBIT 2 Barbara Restaino Lewis D . Cartee Al ) AMS & THE ISL+' N AHDIA.NU L AUANIS ATTOFINEYS AND COUNSELORS AT 14AW IIENHY W. THEISEN • T11E CLINTON HOUSE. SUITE :101 HAIAP11 W. NASH 103 WEST SENECA STREET TELEPHONE 10071 972-3449 ITHACA. NEW YORK 14850 September. 30 , 1980 James V . Buyoucos , Esq . BUYOUCOS & BARNEY Citizens Savings Bank Bldg , Ithaca , New. York 14850 Re : John Marion " Subdivision" , T - 3366 Dear Jim : Under date of September 25 , 1980 , I wrote the Town Engineer the letter of which the enclosed is a copy . He replied to me under date of September 26 , 1980 that certain questions raised in my letter were to be " discussed " with you . • Larry is out of town . We have not heard from him or you in answer to my question .D . Larry suggested a meeting of a Town Planning Board for October 7 , 1980 , provided we got notices out by September 29 , 1980 . Because we haven ' t heard from you , we were not able to make the September 29 , 1980 deadline . Now Mrs . Fuller says that a meeting of the Town Planning Board can be scheduled for October 14 , if we get notices out and ready by Monday , October 6 . We still don ' t know whether the sale of land in bulk , as Marion has done , contemplates a subdivision or not , especially where no new streets are involved . We do need building permits for two houses , one on the Slaterville Road and one ort the Pine Tree Road . Larry Fabbroni calls this a subdivision , though it doesn ' t seem to fit the definition in the Town Ordinance . Is it your opinion that we need an approved subdivision before we can get building permits for the: two lots involved ? See enclosed map . %oujn Or �, 7L�} pc / /Qrio1� SU��IUI � �d� �'alle � le �� EXHIBIT 3 Re : Marion " Subdivision " , T- 3366 9 / 30 / 80 Page 2 My client goes to Florida this month . We need to get this matter resolved not later than October 5 , so we can get on an October 14th Planning Board Agenda if we have to . May I hear from you ? Very truly yours , Armand L . Adams ALA/ dh Enclosures cc : Mr . Noel Desch Mr . Lawrence P . Fabbroni Mrs . Nancy Fuller Mr . John Marion • EXHIBIT 3 COUNTY OF TOMPKINS NEW YORK DIVISION OF ASSESSMENT MEMORANDUM Armand L . Adams TO : The Clinton House , Suite 301 , Ithaca , NY 14850 DATE: October 29 , 1980 FROM : Robert H . Cockram , Senior Assessor PP SUBJECT: Apportionment - Town of Ithaca - 58 - 2 - 22 . 2 1 . ) Assessed value as of August 1 , 1980 : Land - $ 9 , 000 , Improvements - $ 500 , Total - $ 9 , 500 . Land area - 4 . 7 acres . 2 . ) On May 30 , 1980 , Zimmerman purchased 1 . 224 acres of vacant land . 3 . ) Biesdorf is under contract to purchase 1 . 5 acres along with the barn . 4 . ) Marion is retaining 1 . 98 acres of vacant land . Improvements Total Percent 5 . ) Apportionment : Land • Zimmerman $ 2 , 800 - - - - $ 2 , 800 29% Biesdorf 3 , 000 $ 500 39500 3710 Marion 30200 - - - - 3 , 200 34% Totals $ 90000 $ 500 $ 9v500 10010 EXHIBIT 4 1 � \\ .. . . J ISO • r 28 : ZII IS Fit 25 a TAK m4P EgQCR • .•a 24 suvoc AS w na ■.• • . • 17 164 �1 tur tr.rt tr■a ,Q 111 ( p*u wtra•cr IICQCNC7 LaNC BLI o 8 ° w Ila1T1 1O ' a4f •C. Cti. o - eta � �f ale . 09 _ & 2OC right of way all$ to GIG 20 io �' r ea w 2f 22 • 21 19 • I [aR[a1 O K. CaL JLZG 31*44. all he CAL .• l !1 i 26.1 / R 27 13 231, ` 14 r ( a 2a 27 . � lII _ I}_ " 1 � RIM 039 ie o .v \0 s �dr, 14 � ago t \ I_I K CAL 1 Alimi't. La ASI, 30 944 i.t/ KCAL. � � r a - 10ac •C4rP 4Yt4 !; IS a.c c40. \ "Tp V-A L pfnow Am SgivE '�jca � e Irl = 400 r NORTH EAST APPRAISALS AND MANAGEMENT COMPANY, INC, ITHACA, NEW YORK EXHIBTT 5 i k /y/NP � �' Lors fc � Tc .v.✓ Mr� �iC /.� , Ocrio, / qGs _ ; •• - MV i So /Y/.VP of �.oEyM.y�✓� � vic�E ,�,vnre �ry/ �y �'� f��� .. iia 41 /�. r r,P,o�va c �L� rc .vC .�rC�•P. p � ` azo • `--�. Z,.. _ jP •a . � - • \ Aiwste /. G Z 4oc"Jl = SLAcnr f .Q .a ) I r �w /✓B30I ✓ • N/ �1 -- — •• — — _ — t �I 99 7 j AVEGLI . 1 • �' 0 1 V P. Q V Ad 7. : ,.SB3 ' 4& 7 • t� 4t r V ' c. St oot ( 'Q4 .as63 < 300 r 2 op. 0 1 . . . _ � Oma. .. .- ... , to � �• � I � REMA //✓4 L'/oNA1 mP Mq .P/Oti/ ; 1 + SURVEY NliQP ': �, le: fp . t i �E4 i AA PO .Qr / oN OF LANOS of 10 I a.. •� Lop , v i . Too✓ e MAR 'VAeOIv/A6T [ OnX To8f I a I ,,, , •: �ivf TQE E � ao� i aa/.V e F rrvs:c.ct Y/ IL _ . Q- C�/t i g' t SCHEDULE A ' ' EXHIBIT 6 � : /// a► , y8 � • o � off/ 16 � A me '' i° in o �j y a rh n r �► �, 3tu `I (A®rk ^ xk' f f � OGS �� ®� � a .ap - � a � • - .—fig T - - - ; Q: , 1 3 t1 y 1p IN ski it 4 ddbft tilt EXHIBIT 7 TOWN OF ITHACA COUNTY OF TOMPKINS STATE OF NEW YORK ® EKf 5 T'/NCy OP/A/ >—q CULVERT tiL ,/ r, Ty POLE - - G - — CyA S LINE- KAAA'^oxI,W7 r) p 5E7 ROO -S- � EwE � L- /ME (APP)ROX /AfA7'E) ` - -Wp� )VA TER Lr /A/a (APPROX /MA7&) PAUL j SARA ZWE•RMAV REMA //Vl/VCy 4AN03 CFw 57:/4.36 r/QGL -7vyN MAA70N X Cp . E 15 �$10D G0CID . `. � e2c3z. = s9^ I if amm z o_ \`v I rG ._ v►� \ A!10 •rM . . � d; � . h � � N� n nQ1 - r 0 a- vo Q M.. PAC NEL r L498/.a?37 NOTE- ANY REVISIONS TO THIS MAP MUST COMPLY WITH SECTION 7109, SUBDIVISION 2 OF THE NEW YORK STATE* EDUCATION LAW. DATE QQ DRAWN SURVEYED T30 BY J• r SCALE � �� 50 � NO. ?n - /r7 /Y��'•. Yll • o Vis, I HEREBY CERTIFY I AM A REGISTERED PROFESSIONAL LAND GEORGE SCHLECHT SURVEYOR OF THE STATE OF NEW YORK AND THAT THIS PROFESSIONAL ENGINEER \ x MAP CORRECTLY REPRESENTS A SURVEY MADE UNDER MY PRa'EsStoNAI LAND SURVEYOR SUPERpVISIOK MAIN OFFICE 43 s4: `� 0•h_ BARN ROAD 7 SiOnenri_ ---V-i._� .. FREEVRLEWN. Y" 130" EXHIBIT 8 MEMORANDUM TO : Noel Desch l FROM : Barbara Z . Restaino RE : Agricultural Districts DATE : October 15 , 1980 The following property owners have been contacted by the County for inclusion in the Ag District ; none have responded as yet , Parcel No . 23 - 1 - 11 . 11 , 27 acres - L . Wolf , R . Wright ':. Parcel No . 24 - 1 - 19 . 12 , 72 acres - Bruce Babcock , Parcel No . 24 - 1 - 23 , 70 acres - Bruce Babcock , Parcel No . 27 - 1 - 13 . 12 , 95 acres - Ceracche . Parcel No . 27 - 1 - 141 104 acres - Eddy Hill , Inc . Parcel No . 27 - 1 - 15 . 21 96 acres - George Ideman . Parcel No . 27 - 1 - 16 . 2 , 98 acres - Alicia Carpenter . r Parcel No . 28 - 1 - 20 . 2 , 110 acres - Cecil Shulman . Parcel No . 28 - 1 - 26 . 2 , 181 acres - Eddy Hill , Inc . I have included a map for your information . These lands are leased for farming and have been considered because of " agricultural viability " . The time limit on these lands N . is five years , rather than eight , because of new legislation adding leased lands to the eligible lists for Ag . Districts , Jim Baker , who is on the Tompkins County Agricultural District Advisory Committee , has requested that the Planning Board hear a presentation by Gary Evans , Tompkins County Planner , explaining the rationale behind the creation of a consolidated Ag District . This will most likely occur on Tuesday , November 4th , at the regular Planning Board meeting . 1 EXHIBIT 9 % or �G Tomp Ziner "qun BOARD '0 RtPRTE E ATIVES Court,_ Houe�� ki ac$;:N. Y*4850 4 October 9 , 1980 TO : Cit and Village Mayors t wil Supervisors FROM : James W . Ray , Chairman , Tompkins County Agricultural District Advisory Committee Ctwo 'l RE : Agricultural District § The Tompkins County Agricultural District Advisory Committee ( ADAC ) is con - sidering recommending to the Board of Representatives that eight existing ag districts in the county be consolidated into one . Among other benefits , this would be an opportunity for the Board of Representatives to add some • previously excluded agricultural land where it seems appropriate . There have been changes made in the Agricultural District Law (Agriculture and Markets , Section 25 -AA ) which make it advantageous for land which is in cultivation , but not owned by the farm operator , to be included in the ,. district . Since the ADAC wants all viable agricultural land to be included , the enclosed letter has been sent to owners of land which is not in the agri- cultural districts but which appears to be in cultivation or has been identified as having agricultural viability ( from examining airphotos ) . Some of this land is in your jurisdiction . The ADAC hopes to make its recommendation to the Board of Representatives by the first of November . Therefore , if you have questions or comments we would -7684 or appreciate hearing from you soon . Please contact either me , at 564 564 - 9057 ; Garrison Evans , County Planning Department , at 274 - 5286 ; or Monika Crispin , Cooperative Extension , at 272 - 22920 If you would like for us to attend an informational meeting for your Board or other interested parties that can be arranged , too . The consolidation of agricultural districts requires notices to property owners and municipal officials and an advertized public hearing by the Board of Representatives , just like the original creation of a district . The public hearing will most likely take place during the first two weeks of • December . JWR : ys Enc . EXHIBIT 10 � OI' ornp ins` bun BOARD ''F R.E. EI ,: ATIVES Court. Houe`e1,� I { 19850 V October 7 , 1980 , Dear Property Owner : This letter is being sent to you because you own agriculturally viable land that is not in one of Tompkins County ' s eight agricultural districts ( as established under the NYS Agricultural and Markets Law ) . The Tompkins County Agricultural District Advisory Committee ( ADAC ) , made up of four farm operators , four agribusiness operators , and one county legislator , is meeting this fall to review and make recommendations on Agricultural District No . 1 in Dryden , No . 2 in Ulysses , and No . 3 in Groton and Dryden as required by the State law . ( The law provides that agricultural districts must be reviewed and re - established , modified , or terminated after eight years . ) The Committee is , at this time considering recommending to the Board of Representatives that all eight agricultural districts in the county be consolidated into one . The review and consolidation process also provides an opportunity to add land such as yours which oras not included when Agricultural Districts No . 1 thru 8 were originally formed . • The ADAC feels strongly that viable ag land should be included in the new con- solidated ag district , and since there are time limits that must be observed the committee intends to recommend to the Board of Representatives that your land be included- -unless you notify the committee by October 30 , 1980 that you do not want it included . If you are undecided and wish to discuss your situation , call me , Monika Crispin , or Garrison Evans at the phones listed below . It has been the policy of the ADAC and the Board of Representatives to exclude land of anyone who wants it excluded . It is also possible to exclude portions of your land including road frontage and leave in your "back forty " if you feel - it would be in your best interests . There has been a great deal of misinformation circulated about the effect of the agricultural districts on the landowners and for this reason you are. invited to read the enclosed information and , if you have further questions , write or call me , James Ray , Elmira Road , Newfield , NY 14867 , :phone (office ) 564- 90575, ( home ) 564-7684 ; and/or Monika Crispin , Cooperative Extension , 225 South Fulton Street , Ithaca , NY 14850 , phone 272- 2292 ; and/ or Garrison Evans , County Planning Depart - ment , 128 East Buffalo Street , Ithaca , NY , phone 274- 5286 . Sincerely , W es W . Ray ,, C1 'Man Agricultural District Advisory Committee • c /o County Planning Department 128 East Buffalo Street , Ithaca , NY 14850 JWR : ys Enclosure EXHIBIT 10 `vim s! ¢ I f ] 5 1 r,1 yq ., .F •` } se�1 �i a T � , C � � a t� a • "4j 111, 6 c==Z2Z 96 r " -�5293ACRE3 ` ^� 1 J ' 8,061 ACRES, F Y erg rY not.. �QI -', � yr M' r . JAIId It Ir '�.1•� i��r LF arta �1�_`G� — ` -li Ld1 , •y�, �.3 s �:. 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