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HomeMy WebLinkAboutPB Minutes 1983-06-07 . 1 - . TOWN OF ITHACA PLANNING BOARD JUNE 71 1983 The Town of Ithaca Planning Board met in regular session on Tuesday , June 7 , 1983 , in Town Hall , 126 East Seneca Street , Ithaca , N . Y . , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , Carolyn Grigorov , Barbara Schultz , Virginia Langhans , Peter M . Lovi ( Town Planner ) , Lawrence P . Fabbroni ( Town Engineer ) , Lewis D . Cartee ( Town Building Inspector ) . , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Stephen P . Lucente , Rocco P . Lucente , Thomas P . Li Vigne , David H . Taube , Alex Turner , Dan Peterson , Erin Peterson , E . W . England , Robert A . Boehlecke Jr . , Jim McKinley ( WTKO ) . Chairman May declared the meeting duly opened at 7 : 40 p . m . REPORT OF THE TOWN ENGINEER , LAWRENCE P . FABBRONI Mr . Fabbroni stated that the Town is gearing up for summer help that will come from three sources : Work / Study , CETA , and Summer Youth Workers . Mr . Fabbroni reported that Susan Beeners evolved a landscaping program for another program under the Jobs Bill that has been applied for regarding landscaping of parks which may enable us to have two full - time summer employees . He commented that it looks pretty positive that the Town might receive somewhere in the range of $ 10 , 000 to $ 15 , 000 to enhance our parks where we do not have a whole lot of mature landscaping . Some of the parks only need incidental type greenery . The entire project is coming together very nicely but , as usual , in a fever pitch . Mr . Fabbroni reported that Northeast Transit in a nine -month period has increased ridership 220 over the same nine -month period the year before with the identical service . This increase might be explained by people having made specific housing location choices or changed their lifestyles as to -the principal of a second car as their means of getting around . There are really no other factors we can look at since , in the past , an explanation could be found in an increase in the cost of fuel this is in the face of a decrease in fuel cost . In general , the park work with the Town park maintenance people is proceeding well to the extent that Eastern Heights Park is now seeded and landscaping buffers will be completed tomorrow . Play structures at Salem Drive and Tudor Road will be started • within the next month . Landscaping at the Sandra Place walkway is proceeding well . Planning Board - 2 - June 7 , 1983 . Mr . Fabbroni reported that the Highway Department is principally involved in paving Stone Quarry Road . The improvement involves some drainage structures as well . The work being done along this roadway will be a great improvement . Mr . Fabbroni commented to the Board that they should go up and see one very ambitious project - a gabion project - which involved some ambitious stuff for the Highway Department men and is both exciting and out of the ordinary for them . He stated that it certainly is a great improvement over what was a guard rail along the road and safety will be much improved . Mr . Fabbroni commented that the South Hill drainage improvements will probably not be made this year ( downhill ) because it involves both the Town and the City . Mr . Fabbroni reported that the Town is proceeding with plans for Burns Road and that he would hope to review that with the Board at the next meeting with a more formal - type meeting in July on the subject . Mr . Fabbroni reported that there will be sewer exploratory work on the hospital line this summer . The water design will proceed once the summer crews are in place and new equipment received . Chairman May thanked Mr . Fabbroni for his report . REPORT OF THE TOWN PLANNER , PETER M . LOVI Mr . Lovi reported that the last month has been used to tie up some of the loose ends on legislation the Boards have been working on - - Buildings and Collapsed Structures Ordinance , Subdivision Regulations , and the Draft Environmental Impact Statement in re the Sub Regs . Some of the new projects that were started have been completed including the overall fire station location study which was was worked on with Councilman David Jennings and other members of the Town Board . Mr . Lovi reported that the computer will be utilized for an integrated financial management system using the information on the 1983 budget already in the computer . He commented that this is involving a lot of his time . In addition , Mr . Lovi stated that he has been working with Mr . Fabbroni on getting ready for the Summer Youth Employment Program , Burns Road project and its environmental review and the various other projects before the Board tonight and on June 21st . Chairman May thanked Mr . Lovi for his report . REPORT OF THE TOWN BUILDING INSPECTOR , LEWIS D . CARTEE Planning Board - 3 - June 7 , 1983 . The Building Inspector ' s Report of Building Permits Issued for the month of May 1983 had been received by the Planning Board members with their Agendae . The Report shows that 29 permits were issued in the month of May 1983 for $ 1 , 516 , 607 . 00 in improvements , as compared to 13 permits in May 1982 for $ 465 , 717 . 00 in improvements . Mr . Cartee stated that construction was up considerably . REPORT OF THE PLANNING BOARD REPRESENTATIVE TO THE COUNTY PLANNING BOARD , CAROLYN GRIGOROV Mrs . Grigorov reported on the May 11 , 1983 meeting of the County Planning , noting that the County Planning Board meets tomorrow night , June 8th , Mrs . Grigorov noted that as usual Mrs . Fuller had sent each Board member a copy of the County Planning Board Minutes of the May 11th meeting . She commented briefly on discussion of the enforcement date of the new Uniform Fire Prevention and Building Code and the Biggs Complex issue . She stated that -the discussion of Biggs was very lengthy but finally a vote was taken on a motion that the County Planning Board recommend that the County Board of Representatives retain the Old Hospital and land and utilize it for combined County and / or private uses - the result being 8 ayes and 7 noes , with 3 abstentions . • Mrs . Grigorov reported that Census data was passed out at the May CPB meeting and she distributed copies to the Board members . Mrs . Grigorov reported that she was asked to ask the Board what they would like to see the Biggs property used for and to bring back comments to the June 8th meeting of the County Planning Board . The Board commented that they would like to see this property used for something , anything , at this point . Chairman May thanked Mrs . Grigorov for her report . ADDITIONAL COMMENTS FROM THE TOWN ENGINEER Mr . Fabbroni stated that he wished to speak to some matters concerning the Eastern Heights Area Park . He stated that there have been some happenings in conjunction with buffer areas for four houses and the Town ' s overall activity there with some neighbors not feeling adequately notified about meetings of the Planning Board , the Town Board and the Park Committee . He stated that the Planning Board should have a meeting inviting the Public Works Committee , the Town Board , and these individuals to clear the air on everything concerning the landscaping of this area , the pavilion , etc . The meeting should be adequately advertised in the newspaper , and he suggested the June 21 meeting to address this issue . Planning Board - 4 - June 7 , 1983 . Mr . Fabbroni stated that several opinions have been expressed about this area . He has promised to lay out what was budgeted during 1983 for this area and to have a general discussion .including public input . Chairman May stated that he would be unable to attend the June 21 meeting because of other responsibilities but that he felt that the Planning Board was the appropriate Board to host this discussion . Mr . Fabbroni noted that Ithaca College will also have a dormitory proposal for the June 21st meeting . PUBLIC HEARING : SITE PLAN MODIFICATIONS , INCLUDING CONSIDERATION OF INTERIOR CHANGE , I . E . , THE INCLUSION OF A HAIR SALON , AND CONSIDERATION OF CHANGE IN LANDSCAPING TIMETABLE , AT " COURTSIDE RACQUETBALL AND FITNESS CLUB " , CORNER JUDD FALLS ROAD AND MITCHELL STREET ( FORMERLY IDE ' S ROLLER RINK ) , TOWN OF ITHACA TAX PARCEL NO . 6 - 62 - 1 - 5 . Mr . Tom Li Vigne spoke from the floor and stated that a salon was something that would fit in very nicely with the concept already present at the proposed Racquetball Club . It is a national trend to go with as many amenities for Club users as possible within the same building . Mr . Alex Turner of Turner Designs , Inc . is the designer for the proposed project . Mr . Li Vigne stated that this was something that would add one more thing for clients serviced by the facility . The space where the . proposed salon would be located in is presently shown on the plans as a pro shop . The pro shop will be scaled down and will be located behind the receptionist ' s desk utilizing a display case with rackets on the back wall . Chairman May asked if the basic design is still the same . Mr . Li Vigne stated that that was correct , adding that the outside walls will not be changed . Mr . Fabbroni asked about the track idea and proposed ideas for landscaping . Mr . LiVigne stated that the running track is still in place as a later phase as had been approved , however , the landscaping has been phased back from October 1st . He stated that the planting season was just about over and it would be better to wait until Spring , 1984 . Also , financial arrangements are such that it would be better for them to wait until the following spring to plant , there being less demand from the investors on March 1 , 1984 . Mr . May asked when the running track is going to be done . Mr . Li Vigne stated that , money permitting , the track will be done around the same time or , maybe , a year later . Mr . Lovi asked if the landscaping would be done before the running track is begun . Mr . Li Vigne stated that the landscaping would be done before the track , adding that the money for the • landscaping is in place . Planning Board - 5 - June 7 , 1983 Chairman May wondered if the Board would want some sort of escrow for the landscaping . Mr . Fabbroni stated that if the financial commitment is there , a letter of credit stating that the money is there and a certain part of this is committed for landscaping work , would be acceptable . Mr . Li Vigne stated that they could arrange something like that . Mr . Fabbroni explained that such a procedure targets a certain amount of the funds to the matter of the landscaping . Mr . Li Vigne noted that the money is there , adding that the property in general is being improved , such as a new roof . Mrs . Langhans asked if there were not any landscaping items which could be put in at this time . Mr . Li Vigne stated that there were two reasons why that was not possible - first , they do not have the money now , and second , the planting season is just a little late . He commented that they are presently concentrating on the interior of the building . Mr . David Taube , Architect , spoke from the floor and stated that , as the architect for the project , they had made certain recommendations to Mr . Li Vigne which were , among others , that they did not want to see plantings around the building before construction was completed . Mr . Taube stated to the Board that it was the recommendation of his architectural firm not to do plantings until March since they got started later than anticipated . Mr . Taube stated that the contractor has the entire • site based on contract limit lines and it is their best experience not to plant until the contractor has finished . Mrs . Schultz asked if the salon were to be staffed by a licensed cosmetologist and , if so , how many and how long . Mr . Li Vigne stated that the cosmetologists would be licensed and , he believed , there would be four . Mr . Li Vigne stated that the salon would be open during regular business hours and possibly would be open into the evening on certain days of the week . It will be a well - established , independent concession that will lease from the Racquetball Club . Mr . Lovi asked about signage . Mr . Li Vigne stated that the signage will all be interior signage . Mrs . Schultz asked if the salon would be open to the public rather than just to members . Mr . Li Vigne indicated that it would be open to the public . Mr . Fabbroni noted the requirements of the State Building Construction Code and asked Mr . Cartee if such a project were subject to Health Department approval . Mr . Cartee stated that the Health Department has no jurisdiction in these cases . Mr . Fabbroni mentioned different ventilation requirements and Mr . Li Vigne stated that the code requirements were all being handled by the architect . Mr . Fabbroni stated that a set of plans should be submitted so that he and Mr . Cartee can check the ventilation , . fire prevention code requirements , etc . Planning Board . 6 . June 7 , 1983 . Chairman May asked if those Board members present felt this proposal to be a substantive change or within the concept as previously approved . Mrs . Schultz stated that she thought the whole Board should see it , adding that she personally felt it to be a major change in the concept of a sports arena . Mr . Fabbroni described the Business " C " District as set forth in the zoning ordinance , noting the numerous kinds of businesses which could be placed there , rhetorically , tomorrow . Mr . Fabbroni described the old FBC building at the East Hill Plaza now containing several different entities . Mr . May agreed that a hair salon is an allowed use within the Business " C " zoning . Mrs . Langhans pointed out that there were no exterior changes requested for the building . Mrs . Schultz agreed that it is a legal use and nothing can be done about that , however , she felt it was misplaced within a sports club . The members wondered if this matter should be more effectively considered at the next meeting or could it be approved tonight . Mr . Fabbroni stated that the Board may want to formalize a decision with a quorum in place but could at this time consider giving the applicant enough of an indication at this time in order to move ahead with the building permit process as to final designs and plan submittals such that , at least , the building inspector could proceed . Mrs . Langhans asked how this establishment would get signs . if later they decide they would like exterior signage . Mr . Fabbroni stated that they would have to comply with the Town of Ithaca Sign Law . Mrs . Langhans stated that the beauty salon idea does not bother her and added that she thought it would work in well with the whole concept . Mrs . Grigorov stated that she had no objection to the beauty parlor , but that she wanted to make sure that the landscaping takes place . Chairman May stated that he also had no objections , however , he would certainly want to see some kind of monies targeted for landscaping with a time table . He stated that any building permit approvals given would be contingent upon that . Chairman May suggested that at the next meeting this be brought up again and a commitment made by Mr . Li Vigne . Mrs . Grigorov asked if the entire presentation would have to be brought up again at the next meeting . Chairman May suggested that the parties involved deal with Mr . Fabbroni and Mr . Cartee in the office to keep things moving at least . Chairman May stated that Mr . Li Vigne will come back to the Board on June 21st but could proceed as required by the • Zoning Department . Planning Board - 7 - June 7 , 1983 . Mr . Fabbroni requested that the Chairman permit him to be excused at this point due to a conflict in terms of the upcoming matter . Such permission was granted and Mr . Fabbroni departed . SKETCH PLAN REVIEW AND INFORMATIONAL DISCUSSION : PROPOSED CONVERSION OF 14 TWO - UNIT DWELLING STRUCTURES AT 108 - 230 SAPSUCKER WOODS ROAD TO FOUR- UNIT CONDOMINIUMS , AND , APPLICATION FOR REZONING TO MULTIPLE RESIDENCE DISTRICT , AND , THE NECESSITY FOR VARIANCES , IF ANY . ROCCO P . LUCENTE , OWNER . Mr . Robert Boehlecke , Architect , spoke from the floor on behalf of Mr . Lucente . Mr . Boehlecke stated that the proposal concerns 14 separate buildings on lots approximately 100 by 200 feet . Presently they are two - unit buildings ; one level up and one level down . There are five bedrooms on each level and at the present time there are 14 students in each building . The proposal is to convert in two stages to condominium ownership where the existing two units would be converted to four units containing six bedrooms total instead of ten bedrooms . Each of the four units would be sold to an individual owner on a condominium- type basis . Mr . Boehlecke stated that there were two steps required because they could not go from the present rental situation to an owner situation without making a conversion to four units . It is . a requirement of the State that a certain percentage must be committed before continuing with further conversions . The zoning change requested is to multiple residence district -to allow four units per building in the interim and then those four units would be sold . Chairman May asked Mr . Boehlecke what the time frame was that he was anticipating . Mr . Lucente responded that he would say it would take a couple of years to end up the leases with the students - 50 % one year and 50 % another year . The process of sales on a condominium or cooperative - type basis would start after that . Chairman May wondered about the reference to the requirements about how long in a multiple - family status before conversion to condominiums can take place . Mr . Lovi stated that he was not familiar enough with the law as it pertains to condominiums to comment on the reference . He was not certain if it had to be approved by the Department of Law and / or the State . Mr . Lovi stated that he suspected that the legal aspects would be somewhat similar to Commonland . Mr . Boechlecke described the process , stating that Mr . Lucente did not want to vacate all the properties at one time . A building would be left vacant for a period of a year while the • physical conversion was taking place but that was the extent of it . Mr . Boechlecke stated that if the entire development were condominiums , he was not sure what the legal aspects would be , Planning Board - 8 - June 7 , 1983 . however , he could not sell the units in the first building as soon as he converted them , essentially . Mr . Boechlecke stated that it was not a law in terms of selling one unit until commitment for the rest , but it probably would not be possible to . go from one condition to another without some interim period . Mrs . Grigorov asked what Mr . Lucente ' s reasons were for converting these buildings to condominiums . Mr . Lucente stated that this is the way to go , the market calls for lower priced housing . There are a lot of people who can afford two -bedroom condominium units who cannot afford five -bedroom units . The buildings will consist of two 2 -bedroom and 2 one -bedroom units . Mr . Lucente stated that the market would be aimed towards incoming professors and the like . Mr . Lovi asked about the existing facilities and wondered if it were not more expensive to run utility lines for this plan . Mr . Lucente stated that the plumbing lines were already there and that the main changes would come about in the one -bedroom units . He commented that the plumbing was already there because of the bathroom . Mrs . Langhans noted that Mr . Lucente had spoken of a condominium or cooperative arrangement and asked what Mr . Lucente meant by a cooperative . Mr . Lucente stated that basically they mean the same thing , with essentially a condominium meaning that . each person owns his apartment , and in a cooperative each person owns the entire building as well as his or her own apartment . Mr . Boehlecke stated that in cooperatives the owners have stock much like a corporation . Mr . Boehlecke stated that they would like to determine at this point if the Board were sympathetic to this sort of thing and if so , should they continue on and develop further plans to contain what information . Mrs . Langhans stated that she liked the idea of fewer bedrooms , adding that the density is thus reduced . Mr . May pointed out that , in fact , the density would not be reduced by virtue of the proposed rezoning to multiple over which there is no occupancy number control . Mr . Lovi stated that the Board should know that twice before this particular group of parcels has been requested for a rezoning to multiple - family and twice denied essentially because the area is adjacent to the Sapsucker Woods Road Bird Sanctuary and the increase in traffic and density would be such that it would severely impact on this area . Mr . Boehlecke wondered if the previous proposals involved these specific pieces of property or the adjacent property . Mr . Lovi stated that Mr . Lucente could speak to that more directly , however , in his research of the matter it appears to be the same land . Mr . Lucente stated the the prior two times was before the f Planning Board - 9 - June 7 , 1983 • courts found it was legal for him to have 14 unrelated people in each building with it being , at the time of all this , a choice between going to multiple or strictly two - family houses . Mr . Lucente stated that it is a different ball game now - - he wants to go to condominiums . He added that right now he is allowed 14 unrelated people . It was noted that if the buildings were four - family but not multiple there could not be 14 unrelated persons in the same building . Discussion followed as to potential occupancy . Mr . Lucente stated that he would put in the deed that this would not happen . He was very willing to have a restriction as to occupancy . He would be holding the mortgage for 30 years . Mr . Boehlecke commented that this had not come up in his two previous meetings with Mr . Lovi that multiple meant there was no control over how many people can occupy a residence . Mr . Lovi stated that that was correct ; other than health restrictions , occupancy is not regulated . Mr . Cartee stated that there was no restriction as to occupancy in multiple - family residences . There was continued discussion about this issue . Mr . Lovi stated that there were two other ways by which Mr . Lucente might proceed , one of which is to treat this as a cluster proposal , but there would have to be additional land annexed to this property to meet the 3 . 5 units per acre requirement . Mr . . Boehlecke stated that the sum total of the 14 lots is 5 . 19 acres . Mr . Lovi stated that about 10 acres of land would have to annexed to meet the cluster requirements . Mr . Lucente stated that this approach would not appear to him , at the moment , to be economically feasible . Mr . Lovi stated that the other way is by variance through the Zoning Board of Appeals . This would be a change in a legal non - conforming use with such matters being under the jurisdiction of the Zoning Board of Appeals . Discussion followed about the two suggested alternatives . Chairman May stated that the problem was not particularly with conversion of the buildings , the problem was with converting to multiple - family . Mr . Lucente stated that he would be willing to do anything he could to write into the deed any restrictions the Town would like to see . Chairman May stated that the Town Attorney should be consulted about this matter and should be involved in any procedures which may follow . Mr . Lovi noted that any such discussions should also involve the Zoning Board of Appeals . Mr . Boehlecke passed out pictures of the site . Chairman May asked if Mr . Lucente had the acreage in the back to meet the . annexing alternative . Mr . Lucente stated that these lots are extremely valuable as they presently exist . f' . Planning Board - 10 - June 7 , 1983 . Chairman May asked if Messrs . Boehlecke and Lucente had any objections to setting up a discussion with the Town Attorney to see what his suggestions would be . Mr . Lucente had no objections . Mr . Lovi stated that it sounded as if the Board was not viewing favorably the rezoning proposal and that Mr . Lucente was not favorably inclined toward the clustering so that left the variance alternative . Mr . Lovi suggested that before the matter comes to the Planning Board again it should be first heard by the Zoning Board of Appeals and they could refer the matter back to the Planning Board . Mr . Lovi explained to Mr . Boehlecke why a variance would be required for a change in a legal non - conforming use . Mr . Boehlecke asked the Board if they had any suggestions as to how Mr . Lucente should proceed . Mr . Lovi stated that they should go to the Town Board and ask for rezoning or go to the Zoning Board of Appeals pursuant to Section 54 of the zoning ordinance . Mrs . Fuller stated that if the Planning Board continues with the rezoning aspect , they could not recommend rezoning to the Town Boad with this amount of detail . Mr . Lucente would have to have meetings with the Planning Board to go in that dirction . He could have discussion with the Zoning Board of Appeals at their next meeting on June 29 . . Chairman May stated that the Board appeared not to be in favor of the rezoning . Mrs . Langhans stated that the conversion was good but that she did not like the multiple - family change . Chairman May stated that the problem was not with the people who will purchase the property but with the four next door who will be renting . He suggested that Mr . Lucente get some legal advice . Chairman May was not comfortable with how he could do it in a stage basis . Mrs . Grigorov stated that she would be interested in hearing what the neighborhood reactions would be on this issue . Mr . Lucente stated that he would go before the Zoning Board of Appeals to see what they would recommend . Mr . Lucente and Mr . Boehlecke thanked the Board for discussing their plans . NON -AGENDA ITEM : REQUEST FOR PERMISSION TO HAVE FLAGS AND BUNTINGS IN PLACE AT THE P & C FOOD MARKET , EAST HILL PLAZA , SATURDAY , JUNE 11 , 1983 THROUGH SATURDAY , JUNE 18 , 1983 , ONLY . At this time , Mr . Cartee spoke from the floor and thanked the Board for permitting him , as Building Inspector , to add an item to the Board Agenda . He stated that the large addition to the P & C Food Market at East Hill Plaza has been completed and their new building is ready for a grand opening . He commented . that the P & C has spent a lot of money adding on , as the Board knows - having approved the site plan - and they have a very nice , beautiful store . He added that he does not shop there , but ti _ • ' • r Planning Board - 11 - June 7 , 1983 he visits there as Building Inspector for the Town . Banners , flags , and buntings in and around the parking lot would be used for the grand opening , as well as a search light . Mr . Cartee stated that he would prefer some consideration given for a specific period of time so that the P & C could have their week . This could not be brought up before the Zoning Board of Appeals because they meet June 29th and the opening is scheduled for June 11 - 18 . Mr . Cartee stated that he did not think the proposal is offensive , adding that the Board might take issue with the searchlight . Discussion followed . Chairman May asked if the search light could be turned out at 11 p . m , rather than midnight as noted on the request . Mr . E . W . England , Manager of the P & C , stated that absolutely that could be done . Mrs . Langhans stated that she could approve of the banners and flags for one week but not the searchlight . Mr . Cartee stated that the only condition he would insist on would be that Mr . England does not have to apply for a sign permit . It was the consensus of those Board members present that the request of the P & C for flags and banners to be displayed for one week for their grand opening was consistent with the members ' view of free enterprise in America , however , the searchlight was not in the best interests of the residential neighborhood fairly near . The Secretary was directed to call each of the Board members not present first thing in the morning and report any differing opinion ( s ) to the Chairman immediately . FINAL REVIEW OF PROPOSED REVISIONS TO THE TOWN OF ITHACA SUBDIVISION REGULATIONS AND DRAFT ENVIRONMENTAL IMPACT STATEMENT . Mr . Lovi stated that since a quorum was not present , he would respectfully request that the final review of the proposed subdivision regulations and the D / EIS take place at the Board ' s next meeting with the hope that if any of the Board members had any recommendations with respect to his May 10 memorandum they would get in touch with him as soon as possible . ADJOURNMENT Upon Motion , Chairman May declared the June 7 , 1983 meeting of the Town of Ithaca Planning Board duly adjourned at 9 : 25 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Planning Board .