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HomeMy WebLinkAboutPB Minutes 1981-06-02 TOWN OF ITHACA PLANNING BOARD • JUNE 2 , 1981 The Town of Ithaca Planning Board met in regular session on Tuesday , June 2 , 1981 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , Carolyn Grigorov , James Baker , Barbara Schultz , Bernard Stanton , David Klein , Lawrence P . Fabbroni ( Town Engineer ) , Lewis D . Cartee ( Town Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Kenneth Alan Horowitz , Debra Rostowsky , Phillip Freedman , Richard Rostows �:y , Lisa LiVigne , Thomas LiVigne , Charles B . Estey , Jr . , Mary Lou Estey , David Dubow , Esq . , Ingrid C . Noyes , Person ( name illegible ) . Chairman May declared the meeting duly opened at 7 : 35 p . m . APPROVAL OF MINUTES MOTION by Mr . Bernard Stanton , seconded by Mrs . Carolyn Grigorov : RESOLVED , that the Minutes of the Planning Board Meeting of April 7 , 1981 , be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Baker , Schultz , Stanton . Nay - None . The MOTION was declared to be carried unanimously . ( Secretary ' s Note : Mr . Klein was not present for this portion of the meeting . ) MOTION byM :r . Montgomery May , seconded by Mrs . Carolyn Grigorov : RESOLVED , that the Minutes of the Planning Board Meeting of April 21 , 1981 , be and hereby are approved as written . There being no further discussion ; the Chair called for a vote . Aye - May , Grigorov , Baker , Schultz , Stanton . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Montgomery May , seconded by Mr . Bernard Stanton : RESOLVED , that the Minutes of the Planning Board Meeting of May 5 , 1981 , be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Baker , Schultz , Stanton . Nay - None . The MOTION was declared to be carried unanimously . ` Planning Board - 2 - June 2 , 1981 ' i REPORT OF THE BUILDING INSPECTOR • Mr . Cartee stated that his May 1981 report speaks for itself , each Planning Board member having received a copy of same with their Agenda . He stated that things . are looking a little better even though things are moving a little bit slowly . The Report noted that in the month of May 1981 8 permits were issued for $ 129 , 900 . 00 in improvements , as compared with May 1980 when 6 permits were issued for $ 37 , 000 . 00 in improvements . REPORT OF THE TOWN ENGINEER Mr . Fabbroni reported that the Summer contracts for Northeast Transit ( NET ) are all signed up now . He noted that the contract involves six parties and is under way now . with three runs in the morning and two in the afternoon , having started on Monday . Mr . Fabbroni stated that it is hoped that in the fall this service will be expanded to all - day service , and that there should be a report for the July meetia . Eaft fVRREle'�A Aft an on - board survey was done at the beginning of May / w en e service wen into mid- day service . He stated that approximately 70% of those riding anticipated using the service during the summer . He stated that East Ithaca service is being continued and noted that Cornell University picks up the bulk of the subsidy 1 . Mr . Fabbroni reported that the Town is about to put out a contract on the Ridgecrest Road Tank and the bids are to be back on June 22nd , Mr . Fabbroni reported that the zoning ordinance amendments are the biggest topic of discussion . He stated that the Board is trying to iron . out the public institutional use zones and their boundaries with Cornell University . Mr . Fabbroni commented that the requests go from no zoning to the most restrictive and added that we are trying to work out a reason - able compromise . He commented that there were some forward - looking parts in the ordinance that were . somewhat by - passed and then there came the talk of garbage re - cycling and other such matters that appear to put the forward- looking portions in somewhat better perspective . Mr . Fabbroni noted that a lot of odds and ends in the ordinance are being done now . Mr . Fabbroni reported that the Parks Program is pretty well a " go " . He stated that hE! has submitted an application to CETA for three different crews . He noted that , in reference to highway planting and maintenance of the parks , we will do that work and new projects , such as raking and seeding of new areas , we hope to do . He reported that he has two work study students for the summer and a blank man - hour authorization for hiring summer help . He stated that we may be able to do all the projects that we anticipate . Mr . May inquired. about ridership on the busses to which Mr . Fabbroni replied that that has held up very well and that he is quite pleased . Mr . Stanton inquired how CETA will go to which Mr . Fabbroni replied that there are real problems there , but the youth program has not been axed . PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR THE SUBDIVISION OF LANDS OF MARK A . BEATHAN ( DECEASED ) , INTO THREE LOTS , TOWN OF ITHACA TAX PARCEL NO , 6 - 35 - 2 - 6 . 2 , 344 WEST KING ROAD , CHARLES B . ESTEY . Chairman May declared the Public Hearing in the above - noted matter duly opened at 7 : 45 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in the Town Hall Planning Board - 3 - June 2 , 1981 and the Ithaca Journal on May 26 , 1981 , and May 28 , 1981 , respectively . Mr . Charles B . Estey , Jr . appeared before the Board and stated that the property in question is a piece of property that belongs to his wife ' s aunt , the whole piece containing 4 acres , and she has given them the lower corner ( one acre out of the corner ) and the other two pieces are willed to his wife , which , he said , would eventually be under his name . He stated that in the lower corner parcel he wishes to place a home thus requiring subdividing into three sections . Mr . Estey indicated the foregoing on a Survey Map dated May 29 , 1981 , as prepared by Howard R . Schlieder , P . E . , L . L . S . Mr . Estey indicated the right of way to be granted by Vivian A . Beathan , Mrs . Estey ' s aunt . Mr . Fabbroni stated that , as he had indicated in his review of the EAF , the legal right of way should be on the edge of the lot rather than through the middle of the lot as presently shown on the survey map , regardless of where the driveway was put for convenience . He noted that the question is , what is left of the lot with the right of way splitting it in half ? Mr . Fabbroni also noted the question of another lot appearing in the future and then there would be the matter of a public road . He stated that those two rear lots would require a public right of way and a public road to serve at least some point on those two lots , adding that the possi - bility is not en .irely remote if she needs to sell it for income , or Mr . Estey may also get control of it at some time . Mr . Fabbroni stated again that the legal right of way would be written along the edge of the lot regardless of the driveway for convenience . Mr . Stanton stated that the road cut is there . . Mr . May asked if the topography is any problem . Mr . Estey stated that it was not . Mr . Cartee :stated that the sewage disposal permit has been issued by the Health Department for the lot in question on which Mr . Estey proposes to put a house . The Board members discussed a 60 - foot right of way being established now , running down the property line . Mrs . Schultz pointed out that Mr . Estey did not necessarily have to use it , simply designate it . It was also discussed that the right of way could be 60 ' in width , 30 ' on either side of the lot line . Chairman May asked if there were any discussion or comments from the public on this proposed subdivision . There were none . Chairman May turned to discussion of the Environmental Assessment Form (,Short Form ) as completed by Mr . Estey on May 26 , 1981 , a copy of which the Planning Board members had received with. their Agenda as well as a copy of the survey map . Mr . May noted that all the questions had been answered " No " . Mr . May asked if th.ere were any discussion on the Form as presented . There was - none , Mr . May, read the comments that Mr . Fabbroni had made on the Form as reviewer , as follows : " R . O . W . would seem more appropriate along property line . Any additional lots backlot will require a 60 ' high - way dedication of R . O . W . and highway . And with these considerations , make a negative declaration . 6 / 2 / 81 . " MOTION by Mr . Bernard Stanton , seconded by Mr . James Baker : RESOLVED , that the Town of Ithaca Planning Board , acting as lead agency in the review of the proposed subdivision of the lands of Mark A . Beathan ( Deceased ) , into three lots , Town of Ithaca Tax Parcel No . Planning Board - 4 - June 2 , 1981 6 - 35- 2 - 6 . 2 , 344 West King Road , as proposed by Mr . Charles B . Estey , Jr . , approve and hereby does approve the Environmental Assessment Form as • completed and reviewed by the Town Engineer ; and FURTHER REkSOLVED , that pursuant to the State Environmental Quality Review Act , Parts 617 , this action is classified as Unlisted ; and FURTHER RESOLVED , that the Town of Ithaca Planning Board has deter- mined from the Environmental Assessment Form and all pertinent information that the above - mentioned action will not significantly impact the environ- ment and , therefore , will not require further environmental review . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Baker , Schultz , Stanton , Klein . Nay - None . The MOTION was declared to be carried unanimously . Chairman May asked if there were any further discussion on the pro - posed subdivision from either the public or the Board . There was none . Chairman May declared the Public Hearing closed at 8 : 00 p . m . Mr . May summarized the matter as it stands : the subdivision approval would be subject to the approval of the Zoning Board of Appeals of a lot that does not front on a public right of way , and would be subject to the delineation of a 30 - foot right of way for ingress and egress to the lot upon which Mr . Estey wishes to place a home . • MOTION by Mips . Carolyn Grigorov , seconded by Mr . Bernard Stanton : RESOLVED , that the Town of Ithaca Planning Board waive and hereby does waive the matter of preliminary subdivision approval and move and hereby does move to Final Subdivision - Approval in re the proposed subdivision into three lots as presented by Mr . Charles B . Estey , Jr . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Baker , Schultz , Stanton , Klein . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr ::5 . Carolyn Grigorov , seconded by Mrs . Barbara Schultz : RESOLVED , that . the Town of Ithaca Planning Board grant and hereby does grant Final Subdivision Approval for the subdivision of lands of Mark A . Beathan ( Deceased ) , into three lots , Town of Ithaca Tax Parcel No . 6 - 35 - 2 - 6 . 27 344 West King Road , Ithaca , N . Y . , as proposed by Mr . Charles B . Estey , Jr . , and as shown on Survey Map prepared by Howard R . Schlieder , P . E . , L . L . S . , dated May 29 , 1981 , subject to the setting forth of a 30 - foot right of way from said West King Road for ingress and egress on the parcel containing . 99 acres to the parcel to be conveyed to Charles B . Estey , Jr . and Mary Lou Estey , containing 1 . 03 acres , and subject to the Town of Ithaca Zoning Board of Appeals approval of a lot that does not front on a public right of way . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Baker , Schultz , Stanton , Klein . Planning Board - 5 - June 2 , 1981 Nay - None . The MOTION was declared to be carried unanimously . PUBLIC HEARING : CONSIDERATION OF EXPANSION OF RACQUETBALL COMPLEX CONCEPT AT EAST HILL PLAZA TO INCLUDE A BAR-LOUNGE . On behalf of the Racquetball owners , Mr . Kenneth Horowitz introduced himself to the Board stating that he is with Direct Page Communications in Ithaca . He introduced also Mr . Phillip Freedman , Mr . : Richard Rostowsky , Assistant Dean of the Veterinary School at Cornell , and Mr . Thomas LiVigne , all of whom are involved in the project . The gentlemen presented the plans for the Racquetball Complex and described same to the members of the Board . Mr . Horowitz stated that these plans have been presented to the ABC Board , and based on these plans , they have approval so far . It was pointed out that the " cut - out area " will be a little different from that shown . The first floor plan was described ., with Mr . Horowitz noting that the complex is modelled after a couple of clubs .in . Syracuse with certain modifications for their membership . He stated that the focus of their club is not the bar - lounge area , it being just somewhere to relax after a brisk game of racquetball . Mr . May asked if Mr . Horowitz were saying that it is not open to some - one in off the street . Mr . LiVigne stated that it would be open to people who wanted to watch a racquetball game or a tournament or to come in and see what racquetball is , but . it is primarily for the membership . . Mr . Rostowsk: y stated that. the club is limited to membership only although it could. be open 'for a member to bring someone in . He noted that the first floor conta11 ins the bar - lounge area and he added that non - members are not allowed upstairs . The second floor plan was also displayed and described . The archi - tecture was described noting the glass walls , the lockers being separate for men and women , the sauna steam room also separate , the whirlpool bath described as being just like :the proposal for the Y . M . C . A . The locker rooms . were described as very " poshy " . It was noted that the bar area will serve health foods , juices , not just alcohol . Chairman May asked if there were anyone present from the public who wished to speak , this being a Public Hearing duly posted and published as in the Estey matter . Mrs . Estey said she wished to inquire about the membership fee , adding that the proposal sounded very nice . Mr . Horowitz stated that the member - ship fee will be $ 70 . 00 per year , plus court time which will be approxima- tely $ 10 . 00 per hour . Mr . Horowitz stated that they wanted to come here tonight to speak with the Board on this matter and they hoped the Board will think of them as professional people . Mr . May stated that the Board members too wanted them to come here tonight . to speak to this . Mr . Horowitz stated that they are anxious to get their facility going , up and running , as soon as possible . Mrs . Lisa LiVigne stated that the whole club concept is something they want to bring to Ithaca as a positive thing . She stated that she is a physical education teacher herself and noted that racquetball is an easy sport to pick up and is very good for the cardio - vascular system . She Planning Board - 6 - June 2 , 1981 stated that the " club " concept is a very good thing in that it is good to have something of your own to go to .' She commented that golf courses have certain amenities and they want to portray such a concept . Mrs . Grigorov inquired about Nautilus , next door . Mr . Horowitz stated that they will stay where they are , adding that they may work out a discount procedure . Mrs . Grigorov inquired as to when they hoped to open to which Mr . Horowitz replied , sometime in early September . Mr . May asked if there were any more questions or comments . Mr . Fabbroni stated that he thought the only motion that the Board needs to make is that it understands the scope of what was characterized as a snack bar at a previous meeting is , and , that the Planning Board thinks that the scope of things as explained tonight by the four partners present and involved is in keeping with the concept and acceptable to the Planning Board . Mr . Fabbroni noted that this is the first time we have seen the floor plans . Mr . Fabbroni stated that the matter was posted and published and a public hearing was held with no public controversy occuring . . MOTION by Mr . Montgomery May , seconded by Mr . a vid Klein : RESOLVED , that at Public Hearing , duly and properly published and posted , the Town of Ithaca Planning Board considered the expansion of the Racquetball Complex concept at East Hill Plaza to include a bar - lounge , and , following such consideration understands the scope of what was characterized as a snack bar at. previous public hearing , and further , that said Planning . Board is of the opinion that the scope of things as explained this date , June 2 , 1981 ) by the four partners present and involved is in keeping with the concept and acceptable to the Planning Board . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Baker , Schultz , Stanton , Klein . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the Public Hearing in the matter of the Racquetball Complex at East Hill Plaza duly closed at 8 : 22 p . m . NEW BUSINESS Chairman May stated that there has been a request from Supervisor Desch that the Planning Board review the Subdivision Regulations . Mr . May stated that he has to sit down with Mr . Fabbroni to discuss this and that he will be forming a committee to review the present subdivision regulations . Mr . May also noted that the Planning Board By - Laws require finalizing by the Town Attorney , NEXT MEETING The next meeting of the Town of Ithaca Planning Board will be on June 162 1981 . ADJOURNMENT Upon Motion , the June 2 , 1981 , meeting of the Town of Ithaca Planning Planning Board - 7 - June 2 , 1981 Board was duly adjourned at 8 : 35 p . m . Respectfully submitted , Nancy M . Fuller , Secretary .