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HomeMy WebLinkAboutPB Minutes 1984-09-18 TOWN OF ITHACA PLANNING BOARD SEPTEMBER 18 , 1984 The Town of Ithaca Planning Board met in regular session on Tuesday , September 18 , 1984 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , Virginia Langhans , James Baker , David Klein , Bernard Stanton , Carolyn Grigorov , Peter M . Lovi ( Town Planner ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Robert A . Boehlecke Jr . , Lawrence Hull , Dr . Royal D . Colle , Dr . Hermogenes Mecenas , Mary Mecenas . Chairman May declared the meeting duly opened at 7 : 30 p . m . APPROVAL OF MINUTES - August 21 , 1984 MOTION by Mr . Montgomery May , seconded by Mr . David Klein : RESOLVED , that the Minutes of the Town of Ithaca Planning Board Meeting of August 21 , 1984 , be and hereby are approved as presented . There being no further discussion , the Chair called for a vote . . Aye - May , Langhans , Baker Klein Stanton , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . DISCUSSION WITH ROBERT BOEHLECKE AND LARRY HULL CONCERNING THEIR PLANS FOR THE DEVELOPMENT OF MR . BOEHLECKE ' S PROPERTY AT 491 FIVE MILE DRIVE . CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD TO RESCIND THE REZONING OF THIS PARCEL FROM LIGHT INDUSTRIAL TO R15 . Messrs . Boehlecke and Hull both being present , Chairman May invited them to speak to the Board about their plans . Mr . Boehlecke stated that Mr . Hull is interested in purchasing property which he ( Boehlecke ) owns on Five Mile Drive and which contains approximately 12 acres of land not subject to easements by DEC , the total acreage being around 16 acres . Mr . Boehlecke noted that he had purchased this land around 1979 from Stephen Shippos . Mr . Boehlecke stated that Mr . Hull would speak to the purposes for which he would like to purchase this property . Mr . Boehlecke commented that he really did not have a whole lot to say , adding that he has talked with Mr . Lovi about the proposal . Mr . Boehlecke stated that the Board might have questions for Mr . Lovi and / or Mr . Hull with respect to appropriate zone designation lines , etc . Mr . Lovi noted that the Board members had each received a copy of the site plan for 491 - 491a Floral Avenue prepared by Mr . Boehlecke , dated September 7 , 1984 , together with a copy of a memo which he ( Lovi ) had sent Planning Board 2 September 18 , 1984 to the Town Board , dated September 10 , 1984 . The memo referred to reads as follows : " RE : Agenda Item X12 : Rescision of rezoning and adjustment of district lines at 491 Five Mile Drive BACKGROUND : The matter which will be before the Town Board when a Public Hearing is scheduled is fairly simple . However , the property ' s history is somewhat convoluted . So there may be no confusion on this matter , Nancy Fuller and I have prepared this brief summary . 5 / 20 / 75 Mr . Stephen Shippos appeared before the Planning Board to request a recommendation for rezoning . It was his intention to build a house for himself and a house for his son on this 16 acre parcel . Since this parcel ' s back lands were zoned Light Industrial , and our zoning ordinance does not allow residential uses in Light Industrial districts , a rezoning was necessary . The Planning Board recommended to the Town Board that the lands owned by Mr . Shippos be rezoned from Light Industrial to R15 with the exception of the existing frontage along Five Mile Drive . This land would remain in the R9 district as shown on Zoning Map circa 1968 . According to the 1968 Zoning Map , the R9 district extends for a distance of 250 ' back from the edge of Five Mile Drive . This is the case even though the minimum depth requirement for an R9 district is in no case greater than 1501 , and the extra 100 ' is unusable , excess land . 7 / 7 / 75 The Town Board tabled the rezoning request pending more information from Mr . Shippos concerning future use of the property . 9 / 8 / 75 Town Board heared Mr . Shippos ' explanation of property ' s future use as homesites for himself and his son . After some discussion on whether or not the rezoning should contain a provision to revert to Light Industrial should Mr . Shippos not build within a certain time period , the Town Board rezoned the property ' s Light Industrial lands to R15 . As recommended by the Planning Board , the R9 frontage was unaffected by this rezoning and the 250 ' depth was maintained . 1979 Mr . Robert A . Boehlecke purchased the land in question from Mr . Shippos . Mr . Shippos never constructed the planned houses , which initiated the rezoning , on the property . According to Mr . Boehlecke , Mr . Shippos also never informed him of the property ' s rezoning . 9 / 4 / 84 Mr . Boehlecke and Mr . Hull met with Larry Fabbroni and me to discuss the development of this land . Mr . Hull wishes to purchase the parcel from Mr . Boehlecke and build an office / showroom for his plumbing and heating business . Mr . Hull Planning Board 3 September 18 , 1984 would prefer to construct his showroom adjacent to an existing barn and use part of this facility as a storage area . Of course , since the parcel ' s rear acreage is now zoned R15 , this use is not permitted . RECOMMENDATION : As you have just read , the present situation is the result of good intentions on the part of all parties concerned . The simplest way to proceed is for the Town Board to rescind the resolution of September 8 , 1975 which rezoned this land to R15 . As part of this rescision , the Board should adjust the boundary of the Light Industrial District so that it is 140 ' from the edge of Five Mile Drive , rather than 250 ' . This would locate the barn completely within the Light Industrial district while still allowing for the subdivision of legal lots in the remaining R9 frontage property . The design and construction of the office / showroom would come before the Planning Board for site plan review at such time as Mr . Hull is ready to proceed . In addition , a subdivision approval would be required at such time as houses # 491 and # 491h are sold or otherwise transferred . I hope that this matter can be settled at the Town Board ' s earliest convenience . " Mr . Lovi commented that he has since learned that the word " rescind " is not appropriate ; the matter is one of rezoning . Continuing , Mr . Lovi noted that Mr . Shippos had requested a rezoning of his land at that time from Light Industrial to R15 based upon an intended plan , however , he never proceeded with his plans and eventually sold the land to Mr . Boehlecke . Mr . Lovi stated that Mr . Boehlecke would like to sell the property to Mr . Hull but the commercial use to which Mr . Hull would like to put the property is not permitted in the presently zoned R15 land , however , commercial uses are permitted in Light Industrial zones . The Secretary reminded the Board that in 1974 , reaffirmed in 1976 , the Zoning Board of Appeals interpreted the Ordinance as permitting commercial uses in Light Industrial Districts . Mr . Lovi stated that it is Mr . Hull ' s preference to attach a showroom to the existing barn located on the parcel and to use that existing barn for storage . Mr . Lovi pointed out that to merely rezone the R15 portion of this parcel to Light Industrial would leave still in place the R9 portion extending back into the parcel 250 ' from the road . Mr . Lovi also pointed out that R9 requires only 150 ' depth at the most , so there would be , in this case , 100 ' in excess of that depth requirement . Mr . Lovi suggested that , in order for the barn to be in the Light Industrial District , the boundary line between the two zones be moved to within 140 ' of the road . Mr . Boehlecke stated that he would like to point out that the plan is now somewhat different from what he had submitted . Mr . Boehlecke displayed his " new " plan which showed a somewhat different kind of configuration for the line between the proposed Light Industrial zone and the R9 zone , such line not being parallel to Five Mile Drive . Mr . Lovi pointed out that he had suggested that the line be parallel to the road so there would be maintained the possibility for suitable building lots along Five Mile Planning Board 4 September 18 , 1984 Drive . Mr . Boehlecke stated that he understood Mr . Lovi ' s concern for the future of the parcel , however , they are not asking for subdivision at this point . Mr . Hull repeated that he had no plans at the present time to subdivide . Mr . Lovi noted that , if in , say , October , this property were rezoned , Mr . Boehlecke might not come back for regular site plan approval since the Town Zoning Ordinance does not require site plan review in a Light Industrial District . Mr . Lovi also noted that it may very well be raised at some point that a buffer area is required between a structure in a Light Industrial zone and any residence . Mr . Lovi explained his thinking behind his suggesting that the depth of the R9 zone be adjusted to 140 ' from the road , commenting that at 150 ' the barn would be just about on the line between the two zones , at 140 ' the barn would be 10 ' from the R9 line , the new construction would be much more than 50 ' from the R9 line , and , also , since Mr . Boehlecke owns the whole parcel which contains the two existing dwellings and the barn , anyone purchasing the parcel would know that they are all there . Mr . Klein wondered what the size of the buffer area is that is required ; Mr . Lovi stated , 501 . Mr . Klein wondered what made the barn non - conforming . Mr . Lovi stated that its location in the zone is the non - conforming aspect . Mr . Klein asked about access to the proposed office / showroom . Using the drawing , Mr . Boehlecke indicated an existing driveway off Five Mile Drive . Mr . Hull commented that he is seeking to use the property for the service end of the business of Hull Heating and Plumbing . The Secretary asked that the Board review the proposed Notice of Public Hearing before the Town Board which is to be published and which describes the proposed rezoning . The Board members concurred that the proposed Notice was incorrect and did not reflect what was being proposed by Mr . Boehlecke , Both Mr . Stanton and Mr . Lovi agreed that the Notice would be much clearer , and simpler , if it said something like - - " . . . Public Hearing to consider the rezoning of the entire parcel to Light Industrial with the exception of the frontage extending back 140 ' which is to remain R9 . " Mr . Boehlecke stated that he thought he might have a problem with that should Mr . Hull decide , for whatever reason , although he did not expect that he would , not to purchase the property and then he ( Boehlecke ) would have to come back again for various things because he might not have legal lots . Mr . Lovi said he thought Mr . Boehlecke was asking to maintain the R9 zone at the 250 ' depth . A lengthy discussion followed . Mrs . Langhans stated that she would like to hear from Mr . Hull , and asked Mr . Hull what his intentions for the land were . Mr . Hull stated that he had no intent to subdivide at this time . Mr . Hull stated that he only has intentions to use the barn as a place to warehouse material and • primarily have the service end of his business out of there in the proposed office addition . He stated that he wanted to do this all according to the rules and regulations and as soon as possible . Planning Board 5 September 18 , 1984 Mrs . Langhans asked if the purchase offer were contingent upon the present R15 area being zoned Light Industrial , Mr . Hull stated that his condition is that he can use the land as a commercial use , not a light industrial use . Mr . Hull stated that he had no intention to use the land as light industrial . Mr . Hull stated that his concern is time . Mrs . Langhans asked Mr . Hull if he would mind if the depth of the R9 were 150 ' as opposed to 25010 Mr . Hull stated that he had no real thoughts about that as he had no thoughts about subdividing . MOTION by Mr . Bernard Stanton , seconded by Mrs . Carolyn Grigorov : RESOLVED , that the Town of Ithaca Planning Board recommend and hereby does recommend to the Town Board that the land known as 491 - 4912 Floral Avenue , also known as 611 Five Mile Drive , Town of Ithaca Tax Parcel No . 6 - 31 - 2 - 2 . 1 , which was rezoned to R15 by resolution of the Town Board on September 8 , 1975 , be returned to its previous zoning designation , i . e . , Light Industrial District , and FURTHER RESOLVED , that said Planning Board recommend and hereby does recommend to said Town Board that the northwesterly boundary of such Light Industrial District be adjusted such that it is 150 ' ( by approximately 500 ° ) from the edge of the right of way of Five Mile Drive and parallel thereto . There being no further discussion , the Chair called for a vote . Aye - May , Langhans , Baker , Klein , Stanton , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . Speaking to the Board members , Mr . Boehlecke asked if this matter does happen to come back to the Planning Board , did they have any problems . The Board members indicated to Mr . Boehlecke that they did not . Chairman May pointed out that if the Planning Board is asked to consider site plan review , it might ask about lighting , garbage , etc . DISCUSSION WITH PINE TREE ASSOCIATES CONCERNING PROPOSED REVISIONS TO THE TOWN HIGHWAY MASTER PLAN AND REVIEW OF THE ENVIRONMENTAL ASSESSMENT FORM FOR THE PROPOSED SUBDIVISION PLAN AND AMENDMENT OF THE TOWN HIGHWAY MAP . At 8 : 35 p . m . , Chairman May welcomed Drs . Colle and Mecenas representing Pine Tree Associates . Mr . Lovi stated that the Planning Board would not be reviewing the EAF since the removal of streets from the Highway Master Plan is a Type I Action under the Town of Ithaca SEQR Law and the Town Board is the approval body for any such changes in the Highway Master Plan - - thus , the lead agent . Dr . Colle referred to his recent letter to the Planning Board , said • letter reading as follows : " September 13 , 1984 Planning Board 6 September 18 , 1984 Following discussions last month with the Planning Board and subsequently with the Town Board , we would like to inform you of our first ranked preference concerning roads in and out of our proposed development near Pine Tree Road . Our preference is to have a road running from Snyder Hill through Dr . Baldwin ' s land and entering our area near the water tower . At the other end , we would like to propose a connection to Park Lane . We would appreciate discussing this matter at the next Planning Board meeting . Sincerely yours ( sgd . ) Royal D . Colle Pine Tree Associates by Royal D . Colle 121 Pine Tree Road Ithaca , New York 14850 " Dr . Colle stated that the letter to the Planning Board was the result of lengthy discussions with the Town Engineer , Larry Fabbroni . Dr . Colle stated that as a result of further deliberations they ( Pine Tree Associates ) are back before the Planning Board , again , with their proposal made some time ago involving entry to the proposed subdivision near the water tower through Dr . Baldwin ' s land off Snyder Hill Road , with the other piece of that being Park Lane , Chairman May stated that , this being the case , the Planning Board Report to the Town Board automatically goes back to the Snyder Hill Road access . Dr . Colle stated that the Town Engineer concurs with this proposal as described in their letter and added that they consider it best for them also , under the circumstances . Dr . Colle stated that they did not know what the Town Board prefers or what Supervisor Desch prefers . Chairman May stated that effort ought to be made to make that entrance off Snyder Hill Road as far away as possible from Eastern Heights . Dr . Colle pointed out that only two rights of way are available to them . Mr . Lovi displayed the current Tax Maps numbered 57 and 61 , the Eastern Heights Subdivision Plans , Section One (Map # 324 ) , dated 1967 , and the Official Highway Master Plan dated 1968 . It was noted that the Tax Map shows two rights of way into Dr . Baldwin ' s land . Chairman May , the members of the Planning Board , Mr . Lovi , Dr . Colle and Dr . Mecenas poured over the various maps and drawings before them . A lengthy discussion of grades ensued , it being noted , among other things , that Regency Lane has a grade of 30 - 8 % - 30 , according to the Eastern Heights Subdivision Plans . The grades of other roads shown on said plans were also discussed . The " hill " on Snyder Hill Road was discussed . Discussion continued for some time among those present with respect to access , egress , fire protection , snow , ice , the future and the past , with indications being made in regard to the maps and drawings displayed and with the proposed Pine Tree Associates Subdivision plan overlaid upon these various maps and drawings . MOTION by Mr . Bernard Stanton , seconded by Mrs . Carolyn Grigorovs • WHEREAS , the Town of Ithaca Planning Board reviewed and discussed at considerable length current Tax Maps No . 57 and 61 , the large linen Planning Board 7 September 18 , 1984 Official Highway Master Plan dated July 30 , 1956 , November 28 , 1967 , and October 4 , 1968 , the original Subdivision Plans , Section One , for Eastern Heights , Map # 324 , approved by the Planning Board August 21 , 1967 , with the grades of the presently existing roads specified thereon , the subdivision proposal submitted by Pine Tree Associates , and information provided by the Town Engineer and the Town Planner , and WHEREAS , the Planning Board prefers access to the subdivision proposed by Pine Tree Associates from Regency Lane rather than from the right of way off Snyder Hill Road shown on Tax Map 57 between parcels designated as 7 . 10 and 7 . 11 because such " new " road and said existing road , Regency Lane , would be close together and such " new " road would negatively impact three existing lots , would create another intersection , and would serve no practical purpose , and WHEREAS , the right of way off Snyder Hill Road shown on Tax Map 57 between parcels designated as 7 . 8 and 5 is rejected as an access because it occurs at or near the crest of Snyder Hill Road , and WHEREAS , a third right of way off Snyder Hill Road shown on Tax Map 57 between parcels 4 and 7 . 5 is an access in substantial conformance with the Official Highway Master Plan ; NOW , THEREFORE , BE IT RESOLVED , that the Planning Board direct and hereby does direct the Town Planner to prepare a Report , labelled for • clarity , for the Town Board showing access to the subdivision proposed by Pine Tree Associates from Regency Lane and Park Lane , with access to the mapped road as shown on the Official Highway Master Plan which connects Snyder Hill Road and Slaterville Road through Pine Tree Associates parcel ( 6 - 57 - 1 - 11 . 12 ) , and FURTHER RESOLVED , that the Report of the Town Planner should also indicate the removal of existing mapped roads on said map within such proposed Pine Tree Associates subdivision which no longer conform to this proposed plan . There being no further discussion , the Chair called for a vote . Aye - Langhans , Baker , Klein , Stanton , Grigorov . Nay - May . The MOTION was declared to be carried . Chairman May stated that he would like to make a comment . Chairman May stated that , because of lack of knowledge of the grade of the access off Snyder Hill Road between parcels 7 . 10 and 7 . 11 as it was proposed tonight , he felt he had to vote against the motion . Chairman May stated that , if the grade of that access were to be substantially less than the Regency Lane access preferred under this resolution , he believed that access - - between parcels 7 . 10 and 7 . 11 - - preferable . Chairman May stated that , if it be otherwise , he was in complete agreement . iThe discussion with Pine Tree Associates concluded at 10 : 00 p . m . Planning Board 8 September 18 , 1984 MEMORANDUM FROM THE TOWN BUILDING INSPECTOR , LEWIS D . CARTEE , IN RE ORCHARD HILL SUBDIVISION SIGN Chairman May read the following Memorandum , dated September 17 , 1984 , from Mr . Cartee . 1 . Ithaca - Rumsey Corporation has requested a one - year extension for the Orchard Hill Subdivision sign located on the DuBois Road . 2 . Please advise . " After discussion , with Board members recognizing the need for the sign in its present location [ reading - - " Orchard Hill - A Subdivision of Distinction " ) , the Board offered as a consensus statement that a one - year extension of the Sign Permit [ # 89 ] was in order . Chairman May asked the Secretary to advise Mr . Cartee that a one - year extension of the Sign Permit for the Orchard Hill Subdivision had been granted , this date , September 18 , 1984 . DISCUSSION OF A JOINT MEETING OF THE PLANNING BOARD , THE TOWN BOARD , AND THE ZONING BOARD OF APPEALS , Chairman May reminded the Board members that the Board has talked about having a joint meeting of the Town boards . Chairman May stated that he thought there were at least three matters upon which joint discussion would be appropriate - - ( 1 ) Comprehensive Plan ; ( 2 ) Direction of the zoning ordinance ; ( 3 ) Amendments to the existing Zoning Ordinance , a matter in which the Chairman of the Zoning Board of Appeals has some particular interest . Mrs . Langhans stated that she thought it a good idea to get everybody together from time to time in any event . The Board members expressed their agreement . Chairman May wondered if there were any thoughts as to when . Mr . Lovi offered that he would like to see meetings working from a not - too - structured agenda . Mr . Lovi stated that he agreed that the Comprehensive Plan is important , adding that he would like to propose a series of loose agenda meetings revolving around three major areas - - ( 1 ) streets and highways , topo maps , the kind of things which establish the basic limitations of what one can do with land ; ( 2 ) utility planning , the matter of where water and sewer are extended ; ( 3 ) environmental kinds of issues . Mr . Stanton commented that he had become convinced over the years that dealing with specifics is good because specifics lead the way to the general . Mr . Stanton stated that he would prefer a series of meetings . Chairman May stated that he would agree with a series of meetings each with a goal set . No dates for meetings involving all three boards were established . ADJOURNMENT Upon Motion , Chairman May declared the September 18 , 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 .