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HomeMy WebLinkAboutPB Minutes 1984-08-07 TOWN OF ITHACA PLANNING BOARD AUGUST 7 , 1984 The Town of Ithaca Planning Board met in regular session on Tuesday , August 7 , 1984 , in Town Hall , 126 East Seneca Street , Ithaca , N . Y . , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , David Klein , James Baker , Edward Mazza , Carolyn Grigorov , Peter M . Lovi ( Town Planner ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Anne Morrissette , Shirley Brown , Eloise Blanpied , Scott Chaffee , Ellen J . Chaffee , Donald Chaffee , Raymond Saatman , Grace Saatman , Attorney Laura H . Holmberg , Adam Gatch , Doris Gatch , Attorney William Tucker Dean , Bonnie Hollenbeck , Zoning Board of Appeals Chairman Henry Aron , Beverly Livesay , Dr . Hermogenes Mecenas , Dr . Royal D . Colle , Mitch Montagna ( WTKO News ) , Bruce Ryan ( WHCU News ) , Renee Starzyk ( Q104 News ) . Chairman May declared the meeting duly opened at 7 : 34 p . m . APPROVAL OF MINUTES - June 5 , 1984 MOTION by Mrs . Carolyn Grigorov , seconded by Mr . Montgomery May : RESOLVED , that the Minutes of the Town of Ithaca Planning Board Meeting of June 5 , 1984 , be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - May , Klein , Baker , Mazza , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . APPROVAL OF MINUTES on, July 3 , 1984 MOTION by Mr . David Klein , seconded by Mr . James Baker : RESOLVED , that the Minutes of the Town of Ithaca Planning Board Meeting of July 3 , 1984 , be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - May , Klein , Baker , Mazza , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . STAFF REPORT - PETER M . LOVI Planning Board 2 August 7 , 1984 The Planning Board Members had each received with their Agenda a copy of the following report prepared by Mr . Lovi . " Rocco Lucente ' Rezoning ' The Town Board met at a Special Board meeting July 24th to consider an amendment to the Zoning Ordinance to permit Mr . Lucente ' s conversion . At that time , the Public Hearing was adjourned to August 1 , ostensibly due to procedural defects in the posting of the Public Hearing . No one from the community , with the exception of Mr . Allen , has spoken against this proposal . As of this writing , I have been told by the Town Clerk that the Public Hearing will today be again adjourned , this time to the Town Board ' s regular meeting on August 13th , Minor Subdivisions Attached please find a survey map , Environmental Assessment Form , and the associated resolutions concerning two minor subdivisions : 1 . Scott Chaffee , 1584 Slaterville Road ; a two - lot subdivision . 2 . Millard Brink , 126 Seven Mile Drive ; a three - lot subdivision . Please note that there has been some discussion between Mrs . Laura Holmberg , attorney for Mr . Brink , and me concerning whether or not this action is a subdivision . Mrs . Holmberg has stated that there has been a survey map on file in the office of the County Clerk . However , the individual " parcels " do not show up on the 1984 tax maps , and the property itself is listed in the 1983 tax roll as being owned by Mrs . Helen M . Rose . The reason I have requested a subdivision approval is that it is Mr . Brink ' s intent to sell the two smaller parcels to a Mr . Sheldrake , who then intends to convey one of the parcels on a land contract to a third party , represented by attorney Robert Holdsworth ( getting confusing , eh ? ) . Rather than two separate , two- lot subdivision reviews , I told Mr . Holdsworth and Mrs . Holmberg that I would prefer to see the entire land transaction reviewed at this time . La Tourelle The Town Board was to consider amending the Zoning Ordinance at its July 9th meeting . This Public Hearing was adjourned to July 24th , at which time a resolution reviewed by the Town Attorney was discussed . The matter was adjourned to August 1st for further consideration and possible action ; but as with the Lucente matter described above , will again be adjourned to the Town Board ' s regular meeting of August 13th , Mr . Wiggins has indicated that , though it was his intention to begin construction this year , given the delays in reaching a final resolution , he will most likely shift his construction plans to next year . Six Mile Creek Overseer Committee Planning Board 3 August 7 , 1984 At the first meeting of the SMCOC , there was a sharp disagreement between several members of the Committee , particularly Joel Rabinowitz , and the professional planners , concerning voting vs . nonvoting status . It was my understanding that all members named to the committee by Mayor Gutenberger would be voting members . My best information from the Town Supervisor is that I will be a full , voting member of the Committee and that a full member from either the Planning or Town Board should be added . Fire Services Master Planning I have met with Mr . Withiam of Ithaca College to discuss ways in which I could assist the Fire Master Planning process . He and I will be meeting within the next several weeks to discuss data processing requirements and analyses . Wetlands Regulations I understand that DEC Commissioner Williams has ordered that the interim maps be filed as soon as possible . This will no doubt occur within the next month . Our Town Clerk will get a hand - delivered copy of the filed maps at that time . Zoning Law An amendment to permit limited mixed uses ( Business and Residential ) is presently before the Town Board and will be considered at the August 13th meeting . The intent of the resolution is similar to that considered by the Planning Board in the spring , though the language has been written completely from scratch by the Town Attorney , ARC Pre - applications We are preparing a pre - application for the Appalachian Regional Commission ' s FY 1984 - 85 grant cycle . The project we are sponsoring is the Coddington Road daycare center , which is on the August 7th agenda . Completed pre - applications are due no later than August 15th . " Mr . Lovi added that the Job Training Program money is coming in now and recalled that in May the Town had requested 14 persons under this program and were given 1 because the funds were tied up in Congress with an aid to E1 Savador bill . Mr . Lovi commented that the Job Training Funds were separated out from the bill and funding is now in place . Mr . Lovi stated that this was falling at a good time and the additional help will be of great benefit to Susan Beeners , the Town Landscape Consultant , with all the outdoor work in this summer ' s park program involving park construction and maintenance . Mr . Lovi commented that it would appear that some of the kids presently working will be able to continue which will help with continuity . Chairman May asked , with regard to the Six Mile Creek Overseer Committee , if it has been determined whether or not there should be another member from the Town Planning Board , Mr . Lovi stated that he thought the Chair ought to take that question up with the Town Supervisor , adding that it is his best understanding that the answer is yes . Planning Board 4 August 7 , 1984 Chairman May asked if Mr . Lovi were established as a voting member of that Committee now . Mr . Lovi stated that there have not been any votes so that aspect has not really been tested yet , adding the comment that there are two or three members of the Committee who are not too keen about having " staff " as voting members . Mr . Lovi stated that he felt there to be two things involved in this question - - ( 1 ) insofar as City -related business is concerned it is nice to have him ( Lovi ) there , but not really necessary , ( 2 ) the other is with respect to master planning activities which involve City / Town cooperation , and it is in those matters that he felt he should be a voting member . Chairman May stated that he and the Supervisor are in full agreement that Mr . Lovi should not be on the Committee unless he is a voting member and , further , that a member of the Planning Board should be a voting member . Mr . Lovi stated that he agreed , adding , however , that some Committee members have more of a problem with staff as a voting member . Chairman May stated that before anything further is done , he will talk to the Supervisor , explaining that , as the Board members knew , both he and Mr . Lovi did attend meetings of the Six Mile Creek Study Committee for about a year as non - voting members and that did not work out very well . Chairman May stated that he did not think he should be involved in the Overseer Committee and asked anyone on the Planning Board who is interested to please let him know . Mr . Lovi commented that what this Committee sees as its mandate does not really involve " us " . Chairman May stated his feeling that actually it does involve us an awful lot since most of it is in the Town . Mr . Lovi stated that he agreed and commented that what he was referring to was parts of meetings which involve the Gorge Ranger reports and similar matters . ,, the Mr . Lovi stated that the Gorge Ranger seems to be functioning very well . Chairman May wished to report , in connection with the Fire Services Master Planning portion of Mr . Lovi ' s report , that the next meeting is set for August 28th at 8 : 00 p . m , on the third floor of Job Hall on the Ithaca College Campus . Chairman May requested that Mr . Lovi attend that meeting . The Secretary reported on one additional item of interest - - the Bids for the 1984 Water and Sewer Main Improvements came in with very nice numbers attached . Mrs . Fuller commented that Mr . Fabbroni , the Town Engineer , was very happy , adding that the plans and specifications were all done in - house . REPORT OF THE BUILDING INSPECTOR - LEWIS D . CARTEE The Board had received with their Agenda the Building Inspector ' s Report of Building Permits Issued for the month of July 1984 which showed that 20 permits were issued for $ 724 , 000 . 00 in improvements , as compared with July 1983 when 11 permits were issued for $ 1 , 202 , 175 . 00 in improvements . PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR A TWO - LOT SUBDIVISION AT 1584 SLATERVILLE RD . , TAX PARCEL NUMBER 6 - 56 - 3 - 16 , . 87 ACRES . SCOTT CHAFFEE , OWNER/ DEVELOPER , Chairman May declared the Public Hearing in the above - noted matter duly opened at 7 : 48 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall Planning Board 5 August 7 , 1984 and the Ithaca Journal on July 30 , 1984 and August 2 , 1984 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the property in question , upon the Tompkins County Commissioner of Planning , and upon Mr . Chaffee as party to the action . The Chaffees were present - - Scott , Ellen , and Donald . Mr . Scott Chaffee stated that he wished to split this big parcel into two parts and build a single family house on the " new " parcel . Each of the Board members had received a copy of a copy of a Survey Map dated April 27 , 1980 , prepared by R . L . MacDowell , Jr . , filed in the Tompkins County Clerk ' s Office on May 10 , 1980 , and showing " Location of Dividing Line Between Parcel 1 & Parcel 2 , Property Owned by Percy Watros " . Referring to the Survey Map , Chairman May asked if the " Former L . V . R . R . Right of Way " actually exists . No one seemed to know really , but the general feeling was that it was all grown over . Mr . Raymond Saatman , 1585 Slaterville Road , indicated that it was not used . Mrs . Eloise Blanpied , 215 North Triphammer Road , the owner of the property referenced on the Survey as " Blanpied " just to the north , asked what Mr . Chaffee was going to use the house for . Mr . Scott Chaffee stated that it was just going to be a house . Mrs . Saatman asked if there were going to be a change in the driveway . Mr . Scott Chaffee ' s father , Donald Chaffee , described an easement over the driveway shown on the Survey . The Board members found the SurveyMa as submitted b Mr . Chaffe ' P y Chaffee ' s Attorney , Charles Guttman , practically unreadable , so Mr . Mazza asked Mr . Donald Chaffee to assist him in understanding the proposal . There was considerable discussion between Mr . Mazza and Mr . Donald Chaffee , Chairman May asked Mr . Donald Chaffee to show the rest of the Board what he and Mr . Mazza had been talking about - - everybody joined in . Mrs . Saatman wondered about the sewer line and terminal in the woods at the back of the property . Mrs . Saatman asked what the Chaffees ' plans were for the existing house , wondering if it were to be a single family house . Mr . Scott Chaffee stated that it is a single family house . Mrs . Saatman asked if it were to be added on to . Mr . Donald Chaffee stated that they had no plans to change the house but some day they might add a room like a den . Chairman May asked if there were any further questions from the public . No one spoke . Chairman May closed the Public Hearing at 8 : 05 p . m . and asked that the Board turn to the matter of environmental review under SEQRA . Chairman May noted that the Board members had each received a copy of the Short Environmental Assessment Form as signed and submitted by Attorney Charles Guttman for Scott Chaffee under date of July 3 , 1984 , and on which each question had been answered " no " . Chairman May noted that the Town Planner , Mr . Lovi , had reviewed the matter under date of July 23 , 1984 , and recommended the following : " This minor subdivision will not present any significant impacts . I recommend a negative declaration of environmental significance . " MOTION by Mrs . Carolyn Grigorov , seconded by Mr . James Baker : Planning Board 6 August 7 , 1984 RESOLVED , that the Town of Ithaca Planning Board , acting as lead agency in the environmental review of the proposed 2 - lot subdivision development at 1584 Slaterville Road ( tax parcel # 6 - 56 - 3 - 16 , approximately . 87 acres ) approve and hereby does approve the Environmental Assessment Short Form as completed , and FURTHER RESOLVED , that , pursuant to Town of Ithaca Local Law # 3 - 1980 , this action is classified as Unlisted , and FURTHER RESOLVED , that the Town of Ithaca Planning Board has determined from the Environmental Assessment Short Form and all pertinent information that the above - mentioned action will not significantly impact the environment and , therefore , will not require further environmental review . There being no further discussion , the Chair called for a vote . Aye - May , Klein , Baker , Mazza , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . The Board continued to have difficulty in reading the Survey and also expressed concern about where the sewer line is located . Mr . Lovi indicated on the Water Main As - Builts for Slaterville Road where the water main is located on the south side . Chairman May stated that the sewer main is on the other side . Mr . Mazza pointed out that there is a requirement under the ordinance for a rear yard setback of 30 feet ( R15 ) and wondered where that would be measured from in the case of the " new " lot which will be a triangle . After further discussion , the Board felt that the Survey was not of proper condition to be read . MOTION by Mr . Edward Mazza , seconded by Mr . Montgomery May : RESOLVED , by the Town of Ithaca Planning Board , that the matter of the Scott Chaffee two - lot subdivision be and hereby is adjourned until Tuesday , August 21 , 1984 , at 7 : 45 p . m . in order that Mr . Chaffee may obtain from his Attorney a more readable copy of the Survey Map for Board review . There being no further discussion , the Chair called for a vote . Aye - May , Klein , Baker , Mazza , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the matter of the Scott Chaffee two - lot subdivision at 1584 Slaterville Road duly adjourned . PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR A THREE -LOT SUBDIVISION AT 126 SEVEN MILE DRIVE , TAX PARCEL NUMBER 6 - 33 - 2 - 3 . 21 APPROXIMATELY 37 ACRES . MILLARD BRINK , REPUTED OWNER . Planning Board 7 August 7 , 1984 Chairman May declared the Public Hearing in the above - noted matter duly opened at 8 : 25 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 July 30 , 1984 and August 2 , 1984 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the property in question , upon the Tompkins County Commissioner of Planning , upon Mr . and Mrs . Brink as parties to the action , and upon Attorney Laura H . Holmberg , as their Agent , on July 31 , 1984 . Chairman May noted that the Board members had each received a copy of the Short Environmental Assessment Form and a copy of " Map of Survey - Two Parcels of Land on Seven Mile Drive Owned by Millard A . & Lucille Brink " , dated June 20 , 1983 , prepared by R . L . MacDowell , Jr . , L . L . S . Mrs . Holmberg appeared before the Board on behalf of the Brinks and stated that she would like to offer her apology for having indicated that a subdivision map with respect to this property had been filed in the Tompkins County Clerk ' s Office sometime in 1978 ; that is not the case . Continuing , Mrs . Holmberg stated that it was her understanding that the houses located on the parcel have been there for over 100 years . Mrs . Holmberg stated that Mr . Brink is a farmer and he simply does not want them and has two buyers for them . Mrs . Holmberg stated that Mr . Brink is selling the properties to one person , but they will be divided . Mrs . Holmberg stated that there is no problem with area or with frontage and there will be no roads involved . Chairman May asked if there were anyone present who wished to speak . to the matter of the Brink three - lot subdivision . Mrs . Doris Gatch , owner of property at 110 Seven Mile Drive , spoke from the floor and asked what the subdivision is for and what Mr . Brink was going to do with it . Mrs . Holmberg explained to Mrs . Gatch the requirements of the Town of Ithaca Subdivision Regulations whereby it is necessary to file a subdivision map when one sells off a part of one ' s land . Mrs . Holmberg explained that to her knowledge Mr . Brink is not planning any construction ; he merely wants to sell the two existing houses . Chairman May noted that no construction is proposed in this matter , pointing out that it is the selling of two homes which presently exist and are part of Mr . Brink ' s farm . Mr . Baker stated that the southerly house is over 100 years old , but the northerly house is probably about 20 or so years old . Mr . Mazza asked if there were public water and sewer available . Mr . Lovi stated that neither utility was available . Mrs . Holmberg stated that neither house is occupied . Mr . Mazza suggested that any approvals ought to be subject to Health Department approval . Mrs . Holmberg stated that Mr . Brink is selling the lots as is ; he is not representing that they are installed with systems . Chairman May asked if there were any other questions . No one spoke . Chairman May closed the Public Hearing at 8 : 30 p . m . and asked that the Board turn to the matter of environmental review . Chairman May noted that the Board members each had received a copy of the SEAF as signed and Planning Board 8 August 7 , 1984 submitted by Millard Brink and Lucille Brink under date of July 26 , 1984 , all questions having been answered " no " , and that Mr . Lovi had reviewed the proposal under date of August 1 , 1984 , making the following recommendation : " This minor subdivision will not present any significant impacts . I recommend a negative declaration of environmental significance . " MOTION by Mr . Edward Mazza , seconded by Mr . David Klein * RESOLVED , that the Town of Ithaca Planning Board , acting as lead agency in the environmental review of the proposed 3 - lot subdivision development at 126 Seven Mile Drive ( tax parcel # 6 - 33 - 2 - 3 . 2 , approximately 37 acres ) approve and hereby does approve the Environmental Assessment Short Form as completed , and FURTHER RESOLVED , that , pursuant to Town of Ithaca Local Law # 3 - 1980 , this action is classified as Unlisted , and FURTHER RESOLVED , that the Town of Ithaca Planning Board has determined from the Environmental Assessment Short Form and all pertinent information that the above -mentioned action will not significantly impact the environment and , therefore , will not require further environmental review . There being no further discussion , the Chair called for a vote . Aye - May , Klein , Baker , Mazza , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Edward Mazza , seconded by Mrs . Carolyn Grigorov : RESOLVED , that concerning the proposal of Millard Brink to subdivide his lands at 126 Seven Mile Drive , Town of Ithaca Tax Parcel No . 6 - 33 - 2 - 3 . 2 , approximately 37 acres , into three lots , the Planning Board make and hereby does make the following determinations , and approvals : 1 . The developer has completed an Environmental Assessment Short Form , as required by Local Law # 3 - 1980 . The Planning Board has reviewed this form , determined the proposal to be an Unlisted Action , and made a negative declaration of environmental significance at Public Hearing on August 7 , 1984 . 2 . The developer has presented a preliminary subdivision plan in a form acceptable to the Town Engineer showing the location of lot lines , and other structures of interest to the Planning Board . This plan has been reviewed at a properly posted and published Public Hearing on August 7 , 1984 . 3 . No further subdivision of any lots created by this action shall be • permitted without subdivision review and a notice to this effect shall be placed by the subdivider in all deeds to this property and Planning Board 9 August 7 , 1984 shall also be placed on the final subdivision plan to be filed in the Office of the County Clerk . 4 . Public water and public sewer services are not available for any of the proposed lots . 5 . The Planning Board grant and hereby does grant preliminary subdivision approval to the subdivision plan as presented August 7 , 1984 , entitled " Map of Survey Two Parcels of Land on Seven Mile Drive Owned By Millard A . & Lucille D . Brink , Town of Ithaca , Tompkins County , New York " , dated June 20 , 1983 , signed and sealed by R . L . MacDowell , Jr . , L . S . , and FURTHER RESOLVED , that the Planning Board waive and hereby does waive final subdivision approval for this project , subject to approval of the Tompkins County Health Department , and contingent upon the preparation of a final subdivision plan in a form acceptable to the Town Engineer which shall include all notices and provisions required by this resolution . There being no further discussion , the Chair called for a vote . Aye - May , Klein , Baker , Mazza , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the matter of the Brink three - lot subdivision duly closed . Mrs . Adam Gatch asked Mrs . Holmberg what is planned for the house up " front " . Mrs . Holmberg replied that she did not know . Mrs . Holmberg commented that she would also like to ask , informally , about the matter of the forthcoming exchange of land between Mr . Brink and the Town of Ithaca , wondering if Mr . Brink would need some form of a resolution from the Town Board since it involves part of this land . The members of the Planning Board were unable to assist Mrs . Holmberg in this matter , feeling that it does not affect the subdivision approval just granted and indicating that she should speak with the Town Supervisor , Mrs . Gatch spoke to the Board members about property owned by Alex Yenei which is badly deteriorated . Chairman May suggested that Mrs . Gatch get in touch with the Town Building Inspector , Lewis D . Cartee , Mrs . Holmberg thanked the Board for its time and consideration . CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS WITH RESPECT TO A SPECIAL PERMIT REQUIRED FOR THE OPERATION OF A DAY CARE CENTER ON CODDINGTON ROAD , ON THE SITE OF THE FORMER CODDINGTON ROAD COMMUNITY CENTER . [ 900 BLOCK OF CODDINGTON ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 47 - 1 - 11 . 3 . 1 • Mrs . Shirley Brown and Mrs . Anne Morrissette appeared before the Board with Mrs . Brown acting as spokesperson . Planning Board 10 August 3 , 1984 Mrs . Brown stated that the Coddington Road Community Center has not been used for some time and it is their proposal to utilize the facility as a day care center for which there is a pressing need . Mrs . Brown stated that they have had all kinds of inspectors out there and they have started renovations to some extent , adding that Mr . Cartee has been very helpful and has told them what to do . Mrs . Brown stated that they would be leasing the facility from the Coddington Road Community Center which has a new Board as of last week , commenting that the Board hopes that their doing the day care center will revive the Community Center , Mrs . Grigorov inquired how long it has been since the Center has been used , to which Mrs . Brown replied , about two years . Mrs . Morrissette stated that they have not had any objection from the neighbors although a Mr . Bauer [ 921 Coddington Road ] has been somewhat negative , adding that she felt it was not the day care center that bothered him but probably from the past it is connected with the baseball field area and some loud parties . Mrs . Brown stated that the hours would be from 7 : 30 a . m . to 5 : 30 p . m . Chairman May commented that the Community Center would still be available to the community in the evenings . Mrs . Grigorov asked how many children would be involved . Mrs . Brown stated that under the State regulations they have room enough for 35 children , however , they will probably have 20 - 25 as a maximum , adding that they may also have after - school activities , and commenting that the State regulations get into a lot of technicalities . Mrs . Brown stated that , at the onset with just the two of them , they plan to have about 10 - 12 children , adding that if later on there is an after - school program they will need someone to assist them , such as someone from Ithaca College or Cornell University , Mrs . Brown stated that , in any event , they plan to start out slowly with about 10 children . Mr . Mazza asked how well the Center is equipped insofar as parking is concerned . Mr . Lovi stated that there is a parking lot although the bushes need to be trimmed , and commented that the facility is in surprisingly good shape . Mr . Lovi described a circular driveway area next to the building and stated that there is considerable off - street parking space available . Mr . Lovi noted that the Center has been under the auspices of the Town . Chairman May stated that he thought it was a great idea and a great use for the facility . Mrs . Grigorov expressed her agreement also , as did Mr . Klein . Mr . Mazza stated that he could offer a motion of recommendation and asked Mr . Aron , Zoning Board of Appeals Chairman , if that would be satisfactory for the Board . Chairman Aron stated that the Board of Appeals wants a report . Chairman May directed Mr . Lovi to prepare a report for his review and subsequent submission to the Zoning Board of Appeals for their meeting of August 22 , 1984 . . CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS WITH RESPECT TO A SPECIAL PERMIT REQUIRED FOR THE OPERATION OF A DAY CARE Planning Board 11 August 7 , 1984 CENTER AT 1285 TRUMANSBURG ROAD . [ TOWN OF ITHACA TAX PARCEL NO . 6 - 24 - 3 - 2 . 1 . 1 The Secretary distributed copies of the following letter and attached document , from Counselor William Tucker Dean , dated August 2 , 1984 , received August 6th , to the Board members . " August 2 , 1984 Town of Ithaca Planning Board • • • At the meeting of the Zoning Board of Appeals on Thursday , July 26 , I appeared on behalf of the Tompkins Community Day Care Center , Inc . , a not - for- profit corporation I am in the process of forming . My original request to the Board of Zoning Appeals was for a variance to permit the Center to operate a ' Family Day Care Center ' for not more than six youngsters at 1285 Trumansburg Road . The premises for which the variance was sought is the unnumbered building built as a physician ' s residence for Biggs Memorial Hospital , which is the fourth building on the right as you enter the hospital grounds . After filing this request I learned that the N . Y . S . Deparment of Social Services has promulgated a new regulation , ' Guidelines : Group Family Day Care Demonstration Homes , ' a copy of which is appended . Such ' Group Family Day Care Demonstration Homes ' may have . . . seven to ten fchildren of all ages . . . including not more than two children under two years of age , twelve children may be cared for when all of the children are over two years of age . . . no.t more than two additional school - age children may receive care before and after school time hours . ' ( Enclosure , P . 1 ) At the hearing before the Zoning Board of Appeals I asked leave to amend my original request to include a variance for the Tompkins Community Day Care Center , Inc . to operate a ' Group Family Day Care Demonstration Home . ' It is my hope that the Town Planning Board , to which my request for a variance was referred , will consider this amended request . I would like to add that the Tompkins Community Day Care Center , Inc . , after its organization has been completed , and a state certificate has been obtained for a ' Family Day Care Home , ' as authorized in 18 N . Y . C . R . R . 418 for 16 children , a larger number than permitted for a ' Group Family Day Care Demonstration Home , will request a variance for such a home . . . . ( sgd . ) William Tucker Dean Counsel , Tompkins Community Day Care Center , Inc . " [ Attachment - " Guidelines : Group Family Day Care Demonstration Homes " ( 6 pages ) ] The Secretary also distributed copies of that portion of the Minutes • of the Zoning Board of Appeals Meeting of July 26 , 1984 , having to do with the proposal by the Tompkins Community Day Care Center , Inc . Planning Board 12 August 7 , 1984 Attorney Dean appeared before the Board , accompanied by Mrs . Bonnie Hollenbeck , one of the initial directors of the day care center . Attorney Dean appended a copy of a portion of the Site Plan for the Tompkins Community Hospital , dated July 10 , 1976 , showing outlined in blue the location of the proposed facility and proposed parking therefor . Attorney Dean stated that he was Counsel for the Tompkins Community Day Care Center which is in the process of being organized , its charter now before the State for the approval required . Attorney Dean stated that he had determined from the Zoning Ordinance that the zoning in place for this particular area is R30 and , indicating on the site plan , noted that the proposed facility is to be located in Apartment # 2 of the two - apartment building outlined in blue . Attorney Dean commented that there is a plan for the future involving the other half of that particular building . Attorney Dean stated that the matter of a family day care center for not more than six children was brought to Mr . Cartee , the Building Inspector , and , because the Zoning Ordinance does not address day care centers , it was brought before the Zoning Board of Appeals . Attorney Dean stated that , in the meantime , the State came forward with a new category of day care falling in between family day care for not more than six and a day care center certified by the Department of Social Services of 17 and up . Attorney Dean noted that that new category is described in the document appended to his letter . [ " Definition : A group family day care home is a home wherein seven to ten children of all ages may be cared for , including not more than two children under two years of age ; twelve children may be cared for when all the children are over two years of age , in either case , not more than two additional school - age children may receive care before and after school time hours . When a group family day care home provides care for only school age children , not more than fourteen children may be cared for . " ] Attorney Dean stated that the applicant is hoping for discussion based on that kind of home . Attorney Dean stated that the proposed facility will provide day care for the children of persons who work in the Hospital and , in addition to those with regular hours , it will help those who have irregular hours , who have irregularity of shifts , or who come in for a short shift , and need someplace where their children can be cared for . Attorney Dean stated that this type of facility was the subject of Governor Cuomo ' s recent remarks , i . e . , a Group Family Day Care Demonstration Home , and described the numbers and categories of children who may be cared for ( as defined above ) . Attorney Dean stated that the applicant plans to fence the area " here " ( indicating on the site plan ) with a chain link fence so that the children cannot wander , indicated the plan to provide access by the parents through a driveway and also indicated a five - space car garage outlined in blue . Attorney Dean stated that , in the absence of specific provisions in the Ordinance dealing with this kind of facility , this proposal seems to be a reasonable use of the space and meets very urgent human needs . Attorney Dean stated that Geraldine Fisher will be the active manager . Speaking of some time in the future , Attorney Dean stated that it is contemplated that a next step , after certification from the NYS Department of Social Services , will be that they will operate a day care center which is very elaborately defined and regulated , although they are aiming at that in the future , not now , but at that time both apartments will be utilized which will involve opening up the separating wall . Attorney Dean stated that that would involve some 17 children or possibly more depending on the mix of ages . At this point , Attorney Dean asked if there were any questions , adding Planning Board 13 August 7 , 1984 • that Mrs . Bonnie Hollenbeck was present to assist . Mr . Lovi asked if the regulations were less stringent when it comes to a day center on one floor as opposed to two stories . Mrs . Hollenbeck stated that there is some difference between a day care home and a family day care center , adding that they are planning to use one floor with the space meeting the requirements for 17 children , however , they plan to have 10 children . Mr . Lovi noted that it had been indicated that the applicants are planning to fence off the back area with chain link fence . Mrs . Hollenbeck stated that that was correct and Attorney Dean added that there is a huge yard which extends way up to a treed area , at least 500 feet in depth and the width would be the width of the building , which is about 75 to 90 feet . Mr . Lovi thought it was about an acre . Mrs . Grigorov stated that she thought the proposal was a good idea and Mr . Klein stated that it was a terrific idea . Mr . Lovi stated that he , too , thought it was a good idea . Chairman May stated that he thought it was a good idea too , adding , however , that his concern is always with the meeting of fire code and State regulations . Chairman May stated that , with Mr . Cartee in charge of code enforcement , he did not see any problem in that area . Attorney Dean pointed out that any facility of this nature must meet the requirements of fire inspection by the State and added that they will be putting in covered fire stairs . Mrs . Hollenbeck stated that they have a kitchen , adding that a family home day care center is different from a day care center . With the concurrence of each of the Board members present , Chairman May asked Mr . Lovi to prepare a report for his review and subsequent submission to the Zoning Board of Appeals . At 9 : 05 p . m . , Attorney Dean thanked the Board and stated that he would leave the site plan with Mr . Lovi ; Mr . Lovi expressed his thanks . DISCUSSION WITH PINE TREE ASSOCIATES CONCERNING PROPOSED REVISIONS TO THE TOWN HIGHWAY MASTER PLAN , INCLUDING ISSUES OF DIRECT ACCESS TO SNYDER HILL ROAD AND SLATERVILLE ROAD , Dr . Hermogenes Mecenas and Dr . Royal D . Colle were present to discuss with the Board certain aspects of their subdivision proposal having to do with roads . Each of the Board members had before him / her the following letters : 1 . " MEMORANDUM TO : Members of the Town of Ithaca Planning Board FROM : Noel Desch RE : Pine Tree Associates Subdivision - Highway Circulation DATE : July 10 , 1984 At the public hearing on Monday night , the Town Board considered your recommendation that the Town Highway Master Plan be amended to be consistent with the street layout proposed by the developers . The Town Board adjourned the matter until the new proposal , presented by the developers to us Monday evening , for a direct connection to Snyder Hill Planning Board 14 August 7 , 1984 Road could be considered at your August 7 meeting . The new connection , coupled with the access to Park Lane , seems to provide suitable alternatives to the Pine Tree Road and Slaterville Road connections shown on the Highway Master Plan . The Town Board is unwilling to relinquish the access connections shown on the highway map until a suitable alternative , such as that described above is proposed by the developers and recommended to us by the Planning Board . Pine Tree Associates indicated to us , following their presentation of the Snyder Hill Road connection , that they would have no objection to the Slaterville Road connection to Park Lane as shown on the Official Highway Map from Frandsen lands through the Quick property . There had initially been concern about such a connection causing their development and a part of Eastern Heights to be placed in the middle of a ' Thruway ' alternative to Pine Tree Road . They now realize that such an eventuality is extremely unlikely because of the tortuous nature of Park Lane and Pine Tree Associates new street , including five intermediate intersections , the lower speed limit , etc . I raised this point with them because I remain convinced ( as do the majority of the Town Board members ) that we must press forward to get the construction of the Slaterville Road access completed before further significant development of the Frandsen lands is permitted . It simply does not make sense from a health , safety and welfare standpoint to deny the property owners , who will buy the houses to be built here , the opportunity to have easy , virtually direct access to a major highway ( Slaterville Road ) . We , therefore , ask you to review this matter with the • developer and recommend a solution to this increasingly urgent need . " 2 . " July 26 1984 Planning Board Town of Ithaca Since the Town Board ' s chairman has asked the Planning Board to examine our proposed development near Pine Tree Road in regard to access roads , we would like to make the following proposal ( which was also announced at the last Town Board public hearing ) . We propose to include an access road entering our development near the water tower , coming from Snyder Hill Road . We cannot at this time indicate which part of the overall area would be developed first ( since that will be determined , in part , by factors related to engineering and utilities ) , we would be willing to limit house construction in the development to no more than 13 houses until such time as that access road is built . We are not prepared to take responsibility for financing the construction of roads through other developments which might someday connect into the development we propose . . . . ( sgd . ) Royal D . Colle Pine Tree Associates " Dr . Colle offered a brief description of events over the past month or two , e . g . , their appearances before the Planning Board - twice , the WTown Board , Planning Board recommendations to Town Board with respect to T the erasing of lines on the highway map , etc . Dr . Colle stated that the Town Board is in favor generally but wants to be sure of the access Planning Board 15 August 7 , 1984 situation , adding that the last things that were done , as the Board knows , were that the Town Board asked the Planning Board to look at their ( Pine Tree Associates ) plan with regard to access roads and their sending the letter to the Planning Board . At this point , Dr . Colle verbally described an access route coming from Snyder Hill Road running approximately south by the water tower into the road system that they propose . Dr . Colle stated that that is the plan that they would request the Planning Board to consider at this time . Chairman May asked if there were a plan available to look at . Dr . Colle stated that there was not at this time because the range of possibilities is very small , adding that there would have to be a certain entry and any exact twist would depend on some sort of engineering survey of it . Mr . Lovi stated that he had gone up to the location this afternoon with Mr . Fabbroni , the Town Engineer , adding that he ( Lovi ) has a pretty good sense of what the alternatives are and commenting that what the developers are proposing is a reasonable idea . Considerable discussion followed in an informal manner of idea exchange . Chairman May asked how long the road is , commenting that he could not remember . Mr . Lovi displayed the existing highway map and pointed out , among other things , the location of the water tower . Mr . Lovi described how the developer might consider coming in and then up to a second access off Snyder Hill • Road . With everyone sitting around the table , more ideas were tossed around . Dr . Colle commented that , in general , they are in favor of going to the east of the water tower but they are not adamant in that since they would be looking for the best routing for the terrain . Mr . Lovi pointed out that until one passes the water tower the route is just like " mapped " Park Lane . It was noted that Regency Lane is at about an 8 % grade with maybe a 6 % grade in a particular portion . Chairman May wondered if by going farther west , that grade could be brought down - - Mr . Lovi thought , maybe , a little bit . Mr . Klein wanted his memory refreshed as to a more precise siting of the Pine Tree Associates property . Mr . Lovi indicated it on the highway map . Dr . Colle offered the map that the Board had seen some time back - - " Division of Lands at the Northeast Corner of N . Y . S . Route 79 and Pine Tree Road - Formerly the Estate of John L . Marion " , drawn by George Schlecht and dated 12 / 83 , revised 1 / 20 / 84 . Mr . Klein stated that he was confused by the Supervisor ' s memo , the main thrust of which appears to be Snyder Hill Road , but the last paragraph speaks strongly about construction of the Slaterville Road access . Mr . Lovi spoke about the Frandsen land and the Quick land with respect to this particular paragraph . The informal discussion continued with considerable discussion about the extension of utilities and an apparent concern about cost and the area closer to Slaterville Road seeming to come out on top insofar as being less costly . Chairman May commented that , with respect to the request for 13 houses until the road is built , he thought the Town Board could be convinced on that , however , he was not convinced that the Town Board will Oagree to building the project road as proposed without access to Snyder Hill Road , Mr . Lovi commented that it seems that the number 13 is acceptable with no more until a Snyder Hill Road access , and noted that Planning Board 16 August 7 , 1984 . the discussion would seem to be leading toward an exchange of Slaterville Road as a second access for Snyder Hill Road , Mrs . Livesay stated that she would like to offer , as an observation only , that having all the traffic having to come up Snyder Hill Road did not appear to her to be the best planning . Nr . Klein asked about a right of way from Pine Tree Road shown on the original drawing . There followed considerable discussion about this right of way which is a " mapped street " which ends abruptly . It was noted that the grade is about 100 . Dr . Colle stated that discussion of utilizing that " road " was out of the question as far as Pine Tree Associates is concerned . Discussion returned to a Slaterville road access . Dr . Colle stated that he could not understand why the Board is requiring two access for some 25 houses - - some day - - while , right across the road in Commonland , the Board required one access for 124 houses which are being built rapidly . Mr . Lovi described the difference in the one access road as approved by NYSDOT . Dr . Mecenas commented that Dr . Baldwin is prepared to give land for access on Snyder Hill Road . Further discussion , back and forth , took place . Mrs . Grigorov and Mr . Mazza expressed their inability to understand why all this was necessary . As the discussion seemed to be reaching a conclusion , Chairman May stated that the Planning Board will communicate with the Town Board that • the access will be from Slaterville Road . Dr . Colle asked if the Board would offer two possibilities to the Town Board , adding that the Town Board should be informed that Pine Tree Asociates ' # 1 preference is the Slaterville Road direct access with the second access being from Regency Lane , and their # 2 preference is the plan that they had originally - - direct access from Snyder Hill Road near Park Lane with the second access being from Regency Lane . The Board evidenced its agreement . Mr . Mazza stated again that he was not sure he understood the reasons for all this , commenting that if he knew he might very well agree with the Town Board , but since he did not really know he did not know whether he agreed or not . Mr . Mazza stated that he knew of lots of roads that end in a cul de sac such as had been originally proposed by this developer and mentioned Texas Lane , Lisa Lane , Lexington Drive , Concord Place , Chairman May assured Dr . Colle that a report of this discussion will be presented to the Town Board at its meeting on Monday , August 13th . Mr . Lovi was directed to see that it is on the Town Board ' s Agenda . Dr . Colle and Dr . Mecenas thanked the Board for its time , once again . ADJOURNMENT Upon Motion , the Chair declared the August 7 , 1984 meeting of the Town of Ithaca Planning Board duly adjourned at 10 : 15 p . m . • Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Planning Board .