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HomeMy WebLinkAboutPB Minutes 1988-06-21 FILED TOWN OF ITHACA Date • TOWN OF ITHACA PLANNING BOARD Clerk4lln JUNE 21 , 1988 The Town of Ithaca Planning Board met in regular session on Tuesday , June 21 , 1988 , in Town Hall , 126 East Seneca Street , Ithaca , , New York , at 7 : 00 p . m . PRESENT : Chairman Montgomery May , Carolyn Grigorov , James Baker , Virginia Langhans , ', David Klein , Robert Kenerson , William Lesser , Robert Miller , John C . Barney ( Town Attorney ) , Robert R . Flumerfelt ( Town Engineer ) , Susan C . Beeners ( Town Planner ) , George R . Frantz ( Assistant Town Planner ) , Andrew S . Frost ( Town Building Inspector / Zoning Enforcement Officer ) , ALSO PRESENT' : Jonathan Hochberg , Dan Schaaf , Rosalind Grippi , Doria Higgins , Florence Wrisley , Elizabeth Blackmer , Betty T . Brown , Fred M . Brown , Lydia Hillman , Peter Hillman , Kinga M . Gergely , Virginia Brooks Hochberg , Ed Cobb , Bonnie Simpson , Myrtle J . Whitcomb , John G . Whitcomb , Laura Marks , Robert J . Smith , Milton Zaitlin , Athena Grover , William A . Grover , Sr . , Isabel F . Hardy , Mary S . ' Eldridge , Tammo Steenhuis , Louis Hsu , Gene Ball , Alfred Eddy , Stephen Eddy , Steven F . Sommer , Franklin E . Sharp , Margaret S . Sharp , Salvatore Grippi , Robert Cotts , Norman Rollins , Connie K . Schaaf , Slade Kennedy , Jr . , Robert Horn , Charlotte Bosworth , Edward Bosworth , John Bowers , Jean Brockway , Karl Niklas , Elliott Lauderdale , Frank Eldridge , Paul Glover , Judith Cone , Krys Cail , Bruce Brittain , Henry Aron , Noel Desch , Thomas R . Bruce , Roger Sayre , Carolyn Richter , Paul Bennett , Esq . , Albert Wright , Don Vitters , Walter J . Wiggins , Esq . , Jim Linton , Elsie McMillin , Chairman May declared the meeting duly opened at 7 : 00 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 June 13 , 1988 , and June 16 , 1988 , respectively , together with the Clerk ' s Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties under discussion , as appropriate , upon both the Clerk and the Building Commissioner of the City of Ithaca , upon the Tompkins County Commissioner of Planning , and upon the applicants and / or agents , as appropriate , on June 14 , 1988 . Chairman. May read the Fire Exit Regulations to those assembled , as required by the New York State Department of State , Office of Fire Prevention and Control . SOUTH HILL RESIDENTS ' GROUP DISCUSSION • Chairman May opened the discussion on the above - noted matter at 7 : 00 p . m . Planning Board - 2 - June 21 , 1988 Mrs . M:rytle Whitcomb of 233 Troy Road approached the Board and stated tha. t the South Hill Residents ' Group appreciated the opportunity to express their concerns regarding the future growth and development in the Town of Ithaca . Mrs . Whitcomb stated that , three short weeks ago , a group of concerned citizens met to discuss the proliferation of high density housing developments in the Troy Road , King Road , and Ridgecrest Road areas of South Hill . Mrs . Whitcomb stated that the group became a nucleus of a formal group , known as the South Hill Community Association , Mrs . Whitcomb commented that a petition and letter of concern was drafted and circulated among the local residents . Mrs . Whitcomb offered that the group had planned to present the petition to the Board at its June 7 , 1988 meeting , but due to time constraints , the group was unable to do so . Mrs . Whitcomb noted that it was agreed to provide members of the Board with copies of the letter , and petition , and would be granted this opportunity to speak to the concerns . At this point , Mrs . Whitcomb distributed to members of the Board an updated petition that now has 255 signatures from South Hill . [ Petition attached hereto as Exhibit 1 . ] Continuing , Mrs . Whitcomb commented that , as word of the groups ' endeavors spread , a great number of individuals and representatives of other neighborhood associations have contacted the group to indicate that they shared the concerns . Mrs . Whitcomb offered that it has become extremely obvious that a common thread of apprehension can be found , not only on South Hill , but on East Hill , West Hill , the City • of Ithaca , and neighboring towns , as well . Mrs . Whitcomb stated that , as a result , the Greater Ithaca Neighborhoods ' Association was born , adding , the association is a coalition of neighborhood groups , both formal and informal . Mrs . Whitcomb noted that , while the primary purpose of the organization is to enhance the residential environment and quality of life in the Town of Ithaca , the immediate concern is the rapid and seemingly uncontrolled and unplanned growth and development in the entire Town of Ithaca . Mrs . Whitcomb stated that at the June 13 , 1988 Ithaca Town Board Meeting , Board Member Shirley Raffensperger introduced a resolution addressing the creation of a Comprehensive Master Plan for the Town . Mrs . Whitcomb stated that the Greater Ithaca Neighborhoods ' Association was fully supportive of the resolution , commenting , the group realizes that a Comprehensive Master Plan is an exhaustive , time - consuming exerise . Mrs . Whitcomb noted , however , the group is concerned that unless a way is found to slow the present rate of development within the Town by the time a Master Plan is created , and publicly accepted , there will be very little open space left to plan for . Mrs . Whitcomb stated that sad stories could be recited about communities across the country that were consumed by unplanned overnight growth , which are now suffering the consequences . Mrs . Whitcomb remarked that it is clear that some of the consequences , the result from the lack of a Master Plan are : 1 . Cost of additional services result in increased taxes . 2 . Increased traffic flow and congestion . 0 3 . Negative impact on school systems . Planning Board - 3 - June 21 , 1988 • 4 . Disruption of stable neighborhoods by new development . 5 . Destruction of open space and natural habitat . 6 . Creation of a quasi -master plan by default through isolated decisions and variance approvals . Mrs . Whitcomb noted that in the original petition , the group asked for a. moratorium on subdivision of land on South Hill until a Comprehensive Master Plan was developed . Mrs . Whitcomb stated that , because it is a Townwide problem , the request is being expanded , with the support: of the coalition , to include the entire Town . Mrs . Whitcomb stated that , specifically , the group is asking for a moratorium for a specified length of time on the following : 1 . A ]_ 1 subdivision approvals . 2 . All variance requests on existing subdivisions . 3w All multi - residence requests , 4 . A]_ 1 rezoning requests . Mrs . Whitcomb commented that during the moratorium the group envisions the Town Planners and the residents working together as expeditiously as possible , to create the new Comprehensive Master Plan . • At this; point , Mrs . Whitcomb indicated that the specifics of the groups ' rationale would now be addressed by other members of the Greater Ithaca Neighborhoods ' Association . Kinga Gergely of 106 Juniper Drive appeared before the Board and stated that she was representing the Juniper Drive Association . Mrs . Gergely read from a prepared statement . [ Statement attached hereto as Exhibit 2 . ] Peter Hillman of 370 Stone Quarry Road addressed the Board and read from a prepared statement . [ Statement attached hereto as Exhibit 3 . ] Virginia Hochberg of 226 Troy Road addressed the Board and stated that she has been a homeowner on Troy Road since 1955 , noting that she and her husband built their own home , with help from their three children . Ms . Hochberg commented that they planted a forest , with help from the Boy Scouts , and the New York State Forestation Project . Ms . Hochberg said that she felt very committed about the area , commenting , she knows that change is inevitable , but would work to see that it is accomplished in a way that would benefit fellow homeowners in the environment . Ms . Hochberg remarked that one of the changes that seemed -to be taking place in an uncontrolled manner is the flow of traffic in Ithaca . Ms . Hochberg expressed her concern with density in the area . • Krys Cail of 337 DuBois Road approached the Board and read from a prepared statement . [ Statement attached hereto as Exhibit 4 . ] Planning Board - 4 - June 21 , 1988 • Elliot Lauderdale of 381 Stone Quarry Road approached the Board and read from a prepared statement . [ Statement attached hereto as Exhibit 5 . 1 Dan Schaaf of 165 Ridgecrest Road addressed the Board and read from a prepared statement . [ Statement attached hereto as Exhibit 6 . 1 Doria :Higgins of 2 Hillcrest Drive addressed the Board and read from a prepared statement . [ Statement attached hereto as Exhibit 7 . ] John Whitcomb of 233 Troy Road appeared before the Board and read from a prepared statement . [ Statement attached hereto as Exhibit 8 . 1 At this point , Chairman May stated that there has been a tremendous amount of information presented tonight , but felt it would be inappropriate to respond to it generally , except to state that he thought there were some gross untruths that have been expressed . Chairman May stated that the SEQR process requires public hearings . Chairman May noted that he has been a member of the Planning Board for approximately 13 years , and commented that there has never been a site plan without public hearings for many , many years . Chairman May stated that there has not been any law , nor any variance , where the public was not involved , for many years . Town Supervisor , Noel Desch , read aloud to the public present , a • memorandum addressed to the Town Planning Board , dated June 21 , 1988 , from Supervisor Desch . [ Memorandum attached hereto as Exhibit 9 . 1 William Lesser wondered about the reference to the Planning Board concerning the Kyong project . Supervisor Desch stated that the reference he made was that it might be appropriate if the Kyong project could be considered at the July 5 , 1988 Planning Board Meeting , as there would be more detailed information . At this point , Chairman May announced that a Public Hearing has been scheduled for August 2 , 1988 concerning the Comprehensive Plan Statement . The meeting is scheduled for 7 : 30 p . m . Krys Cai. l of 337 DuBois Road spoke from the floor and asked about the Request for Proposal for a consultant . Chairman May responded that the Comprehensive Plan is the responsibility of the Planning Board , and the Planning Board had already had a public hearing public hearing , scheduled for 7 : 30 p . m . , and it will be continued that way . Chairman May asked if there were any other comments . There being none , Chairman May declared the South Hill Residents ' Group discussion duly closed at 7 : 53 p . m . ADJOURNED PUBLIC HEARING : CONSIDERATION OF A REQUEST FOR MODIFICATION • OF CONDITIONS IMPOSED IN THE SEPTEMBER 15 , 1987 , PLANNING BOARD SITE PLAN APPROVAL OF AN AIR STRUCTURE ENCLOSING TWO TENNIS COURTS AT " LA TOURELLE " , SPECIAL LAND USE DISTRICT NO . 1 , 1150 DANBY ROAD , TOWN OF Planning Board - 5 - June 21 , 1988 • ITHACA TAX PARCEL NO . 6 - 36 - 1 - 4 . 2 , AND FURTHER , CONSIDERATION OF A REQUEST FOR. MODIFICATION OF LOCAL LAW NO . 3 - 1984 PERTAINING TO SAID SPECIAL LAND USE DISTRICT NO , 11 SAID REQUEST BEING TO PERMIT COOKING OPERATIONS AND BEVERAGE SERVICE IN " LA TOURELLE " FOR RECEPTIONS AND SIMILAR EVENTS , WALTER J . WIGGINS , OWNER / APPLICANT . [ ADJOURNED FROM MAY 17 AND ;JUNE 71 19 8 8 . Chairman May declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 54 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Wiggins addressed the Board and stated that there was a misunderstanding that the tennis court was only for the guests at La Tourelle , Mr . Wiggins stated that , as far as the public is concerned , there have not been any complaints from people in the community , noting that it serves the purpose of those people in the community who enjoy playing tennis throughout the year . Chairman May stated that there were several concerns from the prior meeting , one being that there was not an existing site map . Mr . Wiggins offered that the parking lot ,, as shown on the plan , is not really in the accurate place , it should be moved a bit more to the north . Mr . Wiggins noted that the building has been turned around into a smaller " U " . Mr . Wiggins stated that he had erected a fence around the bubble so that it could be used in the summertime , and noted , as shown on the map , that a duck pond had been built , adding , some grading has been done to • improve the drainage by the pond . Town Planner , Susan Beeners stated that it was noted at the last meeting that Attorney Masson was to get together with Town Attorney Barney and try to straighten everything out , which was accomplished , so that modifications to the Special Land Use District would not have to be made every time . In addition , Ms . Beeners mentioned landscaping . Ms . Beeners commented that evergreens should be placed or rearranged to minimize the impact of the tennis bubble itself , both from distant views , and . also from the view on Danby Road , Ms . Beeners asked about a swimming pool , with Mr . Wiggins answering , there really has not been a designation of where it might go , adding that he thought it would be an appropriate addition to the development , but commented that he does not have a specific place for it . Ms . Beeners stated that if there is a pool , it should be labeled on the plan before it goes to the Town Board , Attorney Barney stated that what is being attempted is to build in a little more flexibility , noting that it was started as a Bed and Breakfast , and , obviously , has evolved into something with tennis memberships , tennis court , bubble , year - around tennis , and the need for cooking facilities . Attorney Barney stated that the point of the proposed local law was to try and get away from the rather limiting connotation on it , broaden it out a little bit , but leave with the Planning Board the responsibility , and indeed , the obligation to come forward each time when , e . g . , Mr . Wiggins wants to put a swimming pool • in , commenting , it would not have to go back to the Town Board to have the swimming pool laws revised , but to the location , and where it fits into the site plan still is going to have to be shown at that time , on Planning Board - 6 - June 21 , 1988 • a site plan . Attorney Barney stated , in looking at what this is evolving into , the thought was , subject to Mr . Wiggins and the Town Board approval , it is coming into what amounts to a resort , rather than a Bed and Breakfast . Board Member Lesser stated that , in his opinion , it is evolving into a resort , and it should be decided whether it is to be a resort . Mr . Wiggins stated that the ideas evolve, it is not like it was planned for something , and now it is different . Chairman May noted that this was a Public Hearing and asked if anyone present wished to speak . No one spoke . Chairman May closed the Public Hearing at 8 : 10 p . m . and brought the matter back to the Board for discussion . Mr . Wiggins stated that he thought Attorney Barney was right in that the area does lend itself to a kind of resort facility , as long as it does not impinge on the rights of its neighbors , noting that he thought that: that was a good addition . Town of Ithaca Supervisor Noel Desch wondered if there had been any assessment of the impacts of additional traffic resulting from whatever comes forward as far as local law changes . Ms . Beeners responded that Danby Road has adequate capacity for the proposed increase . Ms . Beeners commented that the existing driveway entrance is on the narrow side , as far as two - way traffic is concerned , adding , there are a couple of blind spots as one goes north toward La Tourelle , which is caused by some shrubbery , and noted that , occasionally , there are some pedestrian / car conflicts , as guests are strolling along the road . Ms . Beeners stated that it might be adequate , at this time , to- keep the pavement as it is , but certainly , with any additional building expansion , there would have to be a consideration of widening that road . Mr . Wiggins stated that there is no intention of making the restaurant at La Tourelle a full restaurant . Supervisor Desch commented that there has been a parking problem on Route 96B . Mr . Wiggins responded that there has been a problem from time to time , especially when there has been a large function . Chairman May wondered what the occupancy was at La Tourelle , as far as a function . Mr . Wiggins offered that La Tourelle could handle up to about 150 people in the banquet room . Mr . Wiggins offered that there are now 30 parking spaces . Chairman May stated that he felt 30 spaces was not anywhere near adequate , with Mr . Wiggins in agreement , noting that occasions with that many people are rare , but it does happen , and this problem should be addressed . Chairman May commented that the driveway is too narrow to have cars parked along it . Mr . Wiggins offered that there is parking down by the tennis bubble . Attorney Barney inquired about enlarging the parking area behind L ' Auberge and the existing barn , with Mr . Wiggins responding , there is parking at that location now . At this point , Chairman May stated that he felt an honest site • plan was needed of the project . Planning Board - 7 - June 21 , 1988 Mr . Lesser stated that he found it hard to understand that someone as competent a businessperson as Mr . Wiggins could get involved with the tennis issue , without ever inquiring how much it would cost to put it up and take it down . Mr . Lesser stated that he commented on this because he was concerned with the general concern with the notion of gradualism . Mr . Wiggins responded that he is a tennis player and was not a businessman when it came to the tennis bubble , as he wanted to be able to play tennis in the wintertime , adding , if one is a tennis player it is understandable . There appearing to be no further discussion , Chairman May asked if anyone were prepared to make a motion . MOTION by Chairman Montgomery May , seconded by James Baker : RESOLVED , by the Town of Ithaca Planning Board , that the Adjourned Public Hearing in the matter of Site Plan Approval of an air structure enclosing two tennis courts at La Tourelle be .and hereby is further adjourned until July 5 , 1988 at 7 : 45 p . m . , to allow time for completion of the site plan . There being no further discussion , The Chair called for a vote . Aye - May , Grigorov , Baker , Langhans , Klein , Kenerson . Nay - None . Abstain - Lesser . Chairman May announced that , for everyone ' s information , the above MOTION constituted Notice to the public that the La Tourelle matter is adjourned until July 5 , 1988 at 7 : 45 p . m . , and there will be no mailing of individual notices for that meeting . Chairman May declared the La Tourelle matter duly adjourned at 8 : 23 p . m . ADJOURNED PUBLIC HEARING : CONSIDERATION OF A REQUEST FOR THE REZONING OF A 3 . 4 ± ACRE PORTION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 35 - 1 - 10 . 1 , LOCATED ON ELMIRA ROAD NEAR ITS INTERSECTION WITH ENFIELD FALLS ROAD , FROM RESIDENCE DISTRICT R- 30 TO BUSINESS DISTRICT " B " , FOR EXPANSION OF EDDYDALE MARKET . ALFRED C . EDDY , OWNER ; JIM LINTON , AGENT . [ ADJOURNED FROM JUNE 7 , 1988 . ] Chairman. May declared the Adjourned Public Hearing in the above - noted matter duly opened at 8 : 24 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Jim Linton addressed the Board and stated that the main purpose and the main need for the proposal is for more room . Chairman May noted that this was a Public Hearing and asked if there were anyone from the public who had any comments or questions . • Town Supervisor Noel Desch inquired as to the size of the expansion . Town Planner Susan Beeners answered that , according to the Planning Board - 8 - June 21 , 1988 • site plan , there is about a 6400 - foot addition , which would consist of office , storage , handling space for the produce , and loading dock space for distribution of the produce . Ms . Beeners remarked that , as was pointed out to the Board at the last meeting , with some very specific controls placed on the site , such as a limitation of the proposed business uses to those that are proposed and specifically in the proposal that has been submitted , being very specific convenience items and not to include beer , just basic items such as bread , candy , etc . Ms . Beeners suggested some strict limitations on the use , as a modified " B " district to try to preserve active agricultural land , with the remaining portion of the property restricted as far as any type of development that could occur . Continuing , Ms . Beeners stated that if a site plan completed by a professional architect or engineer was submitted that would show specific design improvements made , then there would not be any significant adverse environmental impact to rezoning the existing use to permit a little bit of expansion of use . Ms . Beeners offered that , in order to do it properly , the entire Elmira Road corridor really should be looked at . Ms . Beeners commented it was her recommendation that , until there is further information on the Elmira Road corridor , she would not recommend that this be sent on to the Town Board for approval , therefore , this proposal should be denied , without prejudice and could be considered at a later date . Mrs . Elsie McMillin of 812 Elmira Road spoke from the floor and wondered about rezoning . Chairman May responded that nothing would be done without public hearings , adding that there would be public hearings at the Planning Board level , as well as at the Town Board level , commenting that rezoning is a Town Board function , not a Planning Board function . Chairman May stated that the Planning Board acts strictly as advisor and has no authority toward rezoning . At this time , Alfred Eddy stated that he lost a lot of crops last year because there was no place to store them . Chairman May noted some serious problems and suggested that the appearance of the site be cleaned up , rioting that that would help a lot . Mr . Linton wondered what the serious problems were that Chairman May mentioned . Chairman May responded with , the appearance from the road , such as the equipment , boxes , and the miscellaneous items that are out in front . There appearing to be no one else from the public who wished to speak to this matter , Chairman May closed the Public Hearing at 8 : 32 p . m . and brought the matter back to the Board for discussion . William Lesser wondered if it were necessary for Mr . Eddy to receive any sort of other permission to add on to the current structure for the purposes of storing and selling agricultural products . Ms . Beeners stated that in order to have any expansion of that facility , Mr . Eddy would have to go before the Zoning Board of • Appeals . Virginia Langhans remarked that Mr . Eddy was before the Planning Board tonight for a rezoning . Ms . Langhans noted that the changes to the market were for the addition of milk , cheese , bread , Planning Board - 9 - June 21 , 1988 • butter , etc . Ms . Langhans said that a storage area for the produce that is produced is entirely different from a zoning change with a convenience store . Mr . Linton stated that the procedure started three years ago , with the application for a building permit , adding that the permit was granted . Mr . Linton stated that the construction did not start in a year ' s time , therefore , the permit ran out , commenting that a permit was reapplied for , which was denied . Mr . Linton noted that , at that time , he had come before the Planning Board , noting that he had a letter from the Zoning Officer suggesting that , rather than going to the Zoning Board of Appeals , to go for rezoning . Ms . Beeners stated that there were three areas - one being the convenience items that were asked for , the addition for storage of produce , and the distribution of goods . Building Inspector / Zoning Enforcement Officer , Andrew Frost noted that , basically , it was his intent that he could not issue a building permit because he felt that the property no longer fell within the written letter of the law , when it came to a roadside stand . There appearing to be no further discussion , Chairman May asked if anyone were prepared to make a motion . MOTION by Dr . William Lesser , seconded by Mrs . Carolyn Grigorov : WHEREAS : 1 . This Action is the Consideration of a Request for the Rezoning of • a 3 . 4 ± acre portion of Town of Ithaca Tax Parcel No . 6 - 35 - 1 - 10 . 11 located on Elmira Road near its intersection with Enfield Falls Road , from Residence District R- 30 to Business District " B " for expansion of Eddydale Market . 2 . This is a Type I Action for which the Town of Ithaca Town Board has been legislatively designated to act as Lead Agency for environmental review . The Town of Ithaca Planning Board , the Tompkins County Planning Department , and the New York State Department of Transportation are involved agencies in coordinated review . 3 . The Planning Board , at Public Hearing on June 7 and June 21 , 1988 , has reviewed the Long Environmental Assessment Form and other application submissions . 4 . The Town Planner has recommended that the request for rezoning , as proposed , be denied . THEREFORE , IT IS RESOLVED : That the Planning Board recommend and hereby does recommend to the Town Board that the request for the rezoning of a 3 . 4 ± acre portion of Town of Ithaca Tax Parcel No . 6 - 35 - 1 - 10 . 1 , located on Elmira Road near its intersection with Enfield Falls Road , from • Residence District R- 30 to modified Business District " B " for expansion of Eddydale Market be denied , the Planning Board having determined the following . Planning Board - 100m, June 21 , 1988 • a . There is no need at present for the proposed Business zoning in the proposed location . There exists land zoned for Business and Light Industrial use along the Elmira Road corridor where the proposed uses would be permitted uses . b . The existing and probable future character of the neighborhood in which the rezoning has been requested , based on current zoning and land use , may be adversely affected , particularly the impact on adjacent residential areas . There being no further discussion , the Chair called for a vote . Aye - May . Grigorov , Baker , Langhans , Klein , Kenerson , Lesser . Nay - None . Abstain - Miller . The MOTION was declared to be carried . At this point , Chairman May stated that it was perfectly logical that the applicant may wish to take the issue of building expansion to the Zoning Board of Appeals . Mr . Linton commented that he thought Ms . Beeners did a very good job with her remarks , but wished that something good had been said in the resolution , commenting that he thought the resolution was somewhat different than what Ms . Beeners actually said . • Board Member Robert Miller stated that at the last meeting Mr . Eddy had noted that he was not allowed to sell milk . Mr . Miller referred to the 1981 Zoning Board of Appeals resolution in which it states. Mr . Eddy can sell milk . Chairman May declared the matter of the Eddydale request for rezoning duly closed at 8 : 43 p . m . PUBLIC HEARING : CONSIDERATION OF FINAL SITE PLAN APPROVAL FOR A PROPOSED FAC: ILITY FOR THE TOMPKINS COUNTY CHAMBER OF COMMERCE , VISITORS AND CONVENTION BUREAU , AND TOURIST INFORMATION CENTER , PROPOSED TO BE LOCATED IN A SPECIAL LAND USE DISTRICT AT 904 - 906 - 910 - 912 EAST SHORE DRIVE , TOWN OF ITHACA TAX PARCELS N0 . 6 - 18 - 2 - 8 , - 9 , AND - 10 . TOMPKINS COUNTY CHAMBER OF COMMERCE , APPLICANT ; DOWNING - HASCUP ARCHITECTS , DESIGNER . Chairman May declared the Public Hearing in the above - noted matter duly opened at 8 : 44 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Steve Sommer of Downing - Hascup Architects approached the Board and appended maps to the bulletin board . Mr . Sommer stated that he was before the Board to seek final approval for the Chamber of Commerce facility , which is to be located • on East Shore Drive , just past the Ithaca Youth Bureau , and on private property . Mr . Sommer stated that the plans have changed slightly , compared to the Preliminary Site Plan . Mr . Sommer noted that there is Planning Board - 11 - June 21 , 1988 still the one -way off Route 34 into a paved parking surface , with one -way out on the southern edge of the lot onto Route 34 . Mr . Sommer stated that the building is located in the southwestern corner of the lot , within the 15 and 30 foot setbacks , as per the R- 15 requirments . Mr . Sommer :remarked that the building is a two - story structure , with a total of 4200 square feet , commenting that there would be 24 public parking spaces , three handicapped spaces across from the main entrance to the building , six designated spaces for staff parking , and two spaces for over - sized RV parking along the north edge of the site . Mr . Sommer stated that it is proposed to put concrete paving in the front of the building , adding that the existing vegetation would be maintained on the north . Mr . Sommer noted that it is proposed to keep a large number of the existing trees , adding , new plantings will be placed along the street [ indicating on map ] . Mr . Sommer , commenting on the drainage , and pointing to map , noted that " this " half of the site would flow into " this " low area , out the 48 " culvert to the lake , and the other half flowing into the swale , which is along the property line between the City land and the Chamber ' s property into " this " swale and out through another 48 " culvert , underneath the railroad tracks , then out to the lake . Board Member Kenerson wondered about the lighting and signage . Mr . Sommer responded that the signage is very important and would be within a 50 mile an hour area driving any distance from Ithaca , and commented that there would be signage on Route 13 , as well as on Route 34 . Mr . Sommer stated that there would be one major Chamber sign at • the actual building site , and commented that the tower on the building would also be an identifying factor . Virginia Langhans asked what was in the tower , with Mr . Sommer responding that the tower , at the present time , is access to the second floor . Ms . Langhans wondered about handicapped access to the second floor , with Mr . Sommer answering , the Chamber is proposing a small elevator . mentioned that the building Board Member Lesser g area was built up a little bit to help drainage . Mr . Sommer stated that there a number of reasons why the structure itself would be built up , commenting that 391 versus 395 is the existing contour at the present time . Mr . Sommer said that the finished grade would have to be above the floor level of the lake . Chairman May noted that this was a Public Hearing and asked if there were anyone from the public who had any comments or questions . Doria H .iggins of 2 Hillcrest Drive spoke from the floor and expressed a concern about the tower . Mr . Sommer responded that the Chamber was not asking the Planning Board for approval or disapproval , per se , of the tower , as the tower lies with the Zoning Board of Appeals . Mr . Sommer stated that the tower itself is , at most , 12X12 feet , which is less than 50 of the total footprint proper . Mr . Sommers commented that the proposed materials for the structure are a residential - style roof , horizontal cedar siding , with an observation • area for the public on the first floor , and a pressure treated deck for the conference rooms . Planning Board - 12 - June 21 , 1988 There appearing to be no one else from the public who wished to speak to this matter , Chairman May closed the Public Hearing at 8 : 59 p . m . and brought the matter back to the Board for discussion . Robert Kenerson asked that the issue of site lighting be addressed . Mr . Sommer responded that , as of now , there are two stands of lights in [ pointing to map ] " these " islands , with specific lighting on the building . David Klein wondered how tall the light poles were going to be ,, with Mr . Sommer answering , the Chamber does not know yet , but the proper lighting would be in place . Mr . Klein , directing his comment to :Down Planner Susan Beeners , noted that the rear terrace is shown on the site plan as a 30 - foot setback . Mr . Klein stated that the rear property line is shown as a 15 - foot setback . Mr . Klein wondered if the Zoning Board of Appeals should interpret that . Ms . Beeners responded that it is slightly more than a 15 - foot setback , noting , it is probably more like 18 - 20 feet of setback . Ms . Beeners stated that her interpretation was that , indeed , the rear of the building is shown as 30 feet , adding , in the general orientation of the building , one of those lines had to be considered rear yard . Chairman May wondered about the front entrance . Mr . Sommer responded that the front entry is under a covered roof area . Mr . Klein wondered about the parking lot circulation , adding that most people coming in would want to park by the building . Mr . Klein remarked that the way the parking is oriented , 2 / 3 of the cars are going to have to get back on East Shore Drive to get back into the parking lot . Mr . Klein also noted that he was concerned there were only two spaces for RV parking . Robert Flumerfelt , Town Engineer , noted that if the parking was reoriented , without the wheel stops , then an RV could take up two spaces . Mr . Klein wondered if there were any plans to curb the islands . Mr . Sommer answered that the only curbing proposed was at the front of the building , and anything else would be open for snow removal . Mr . Klein felt that , visually , curbing would look better . Chairman May commented that , if the front island were curbed , it would be clearly defined . Mr . Sommer commented that there is a limited budget at the present time , but the matter would be looked into . Mr . Klein commented that the building is 32 - 1 / 2 feet high above grade . Ms . Beeners stated that the finished grade around the building is not counted , the finished floor is counted , the floor in contact with the ground surface , e . g . , the first floor . At this time , Ms . Beeners referred to PART IIA - ENVIRONMENTAL REVIEW - SITE PLAN , PROPOSED VISITORS AND CONVENTION BUREAU , TOMPKINS COUNTY CHAMBER OF COMMERCE , and suggested that under the heading , IMPACT * ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD , there should be an addition added to the second sentence , after plans and goals . The following statement should be added : " The proposed • 40 - foot stair tower , while exceeding the maximum 30 - foot height requirment of the Zoning Ordinance does not pose any significant adverse environmental impact when one considers the use , the design , Planning Board - 13 - June 21 , 1988 • the materials of the building , and the height of other buildings in the vicinity , such as the Youth Bureau at 37 feet high , the Boat House in Stewart Park , which is somewhat on a far western access from the Chamber , and which is approximately 40 feet high , and when one considers the topography of the next adjacent building across the street on East Shore Drive , where it is raised up . A variance would be required from the Zoning Board of Appeals . " There appearing to be no further discussion or comments from the Board , Chairman May asked if anyone were prepared to offer a motion . MOTION by Mrs . Virginia Langhans , seconded by Mr . Robert Kenerson : WHEREAS : 1 . This action is the Consideration of Final Site Plan Approval for a proposed facility for the Tompkins County Chamber of Commerce , Visitors and Convention Bureau , and Tourist Information Center , proposed to be located at 904 - 912 East Shore Drive , Town of Ithaca Tax Parcels No . 6 - 18 - 2 - 8 , 6 - 18 - 2 - 9 , and 6 - 18 - 2 - 10 , in Special Land Use District No . 5 . 2 . This is an Unlisted action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency for environmental review . The New York State Department of Transportation and the City of Ithaca Department of Public Works are potentially involved agencies which have been informed of this action . 3 . The Assistant Town Planner has recommended a negative determination of environmental significance for this action . THEREFORE , IAC IS RESOLVED : That the Planning Board , acting as Lead Agency for review of the proposed site plan , make and hereby does make a negative determination of environmental significance . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Baker , Langhans , Klein , Kenerson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Dr . William Lesser , seconded by Mr . Robert Miller : RESOLVED , by the Town of Ithaca Planning Board , that the matter of Consideration of Final Site Plan Approval for a proposed facility for the Tompkins County Chamber of Commerce , Visitors and Convention . Bureau , and Tourist Information Center , proposed to be located at 904 - 912 East Shore Drive , Town of Ithaca Tax Parcels No . 6 - 18 - 2 - 8 , 6 - 18 - 2 - 9 , and 6 - 18 - 2 - 10 , in Special Land Use District No . 5 , be and • Planning Board - 14 - June 21 , 1988 • hereby is adjourned in order for the applicant to submit a revised final site plan detailing the location and design of proposed signs and outdoor lighting and meeting the requirements for final site plan approval as set forth in Town of Ithaca Local Law No . 2 - 1988 . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Baker , Langhans , Klein , Kenerson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the matter of the Tompkins County Chamber of Commerce Visitors and Convention Bureau , and Tourist Information Center duly adjourned at 9 : 33 p . m . SIGN REVIEW BOARD : CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS WITH RESPECT TO AN APPEAL TO CONTINUE USE OF AN EXISTING NON - CONFORMING SIGN , 23 . 80 SQ . FT . IN SIZE , ADVERTISING " INDIAN CREEK ANTIQUES " , LOCATED AT 1406 TRUMANSBURG ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 24 - 1 - 25 . 3 . CELIA BOWERS , APPELLANT . Chairman May opened the discussion on the above - noted matter at 9 : 34 p . m . , and read aloud from the Agenda as noted above . Mr . John Bowers was present , along with his Attorney , Mr . Paul Bennett . • Attorney Bennett approached the Board and stated that Celia Bowers was out of town , and he was before the Board to represent her . Attorney Bennett stated that the subject sign was put up in May 1980 , apparently under a variance under the old sign law , noting that he was not sure , exactly , what the old sign law said , and commenting that he did not know what it was entitled . Attorney Bennett stated that the sign was put up about three or four months before the current Sign Ordinance went into effect . Attorney Bennett noted that , at that time , the Building Inspector , Mr . Cartee , recommended the specific location of the sign as it is now . Attorney Bennett commented that he was not sure the Board could recall the property now , but it is the site of Indian Creek Antiques , right around the corner from Indian Creek Fruit .Farm . Attorney Bennett noted that the building is on a high hill , around a curve , and Mr . Cartee recommended that rather than putting a sign on either side of the curve so that people driving by would see it , stop real quickly , and want to come back around into the driveway , no matter which way they were coming , that there would be one sign that could be clearly visible from both directions , adding that Mr . Cartee suggested that the location of the sign be right up on the top of the hill , so that it could be seen both ways from people coming around the curve in either direction . Attorney Bennett stated , under the proposed Sign Ordinance at the time , a two - foot by two - foot sign up on the top of the hill would not be visible by anyone , under pretty much any circumstances , who was driving along in a car , so what . was proposed at that time was a little bit larger sign , and Attorney Bennett stated that he believed that the Town Board voted on this before , under the old rules , and they recommended putting in a sign . Planning Board - 15 - June 21 , 1988 • not to exceed 24 square feet , commenting that he thought it was a shade under that . Attorney Bennett stated that the sign , as he understood :it , and he has seen it , is a professionally done sign that has been there for the last eight years . Attorney Bennett said that , originally , there was some kind of limitation put on the sign of five years , noting that he was a little confused exactly what that was , adding that he has seen the minutes of the meeting , which say one thing , and rioted that he has seen the exact Sign Permit which does not have a limitation on it at all . Attorney Bennett stated that , in any event , the ;sign has been there for the last eight years , and , at least according to Mrs . Bowers , there has never been a complaint about the sign . Attorney Bennett stated that some of the neighbors in the area have offered. some support concerning the sign . [ Letters from Doria Higgins , 2 Hillcrest Drive , John & Heather Weiss , 105 DuBois Road , and Salvatore & Rosalind Grippi , 1296 - 8 Trumansburg Road , respectively , attached as Exhibits 10 , 11 , and 12 . 1 Attorney Bennett stated that the above persons find no objection to the sign as it is now , and the sign is pretty well consistent with the neighborhood . Attorney Bennett noted that in terms of the character of the neighborhood there is also the sign for the Fruit Farm itself right around the corner which is larger , and which apparently has been treated as a pre - existing sign as well . Attorney Bennett stated that the Bowers would simply like to keep the same sign that has been in place for the last eight years , assuming that there • is no objection from anyone , adding that as far as the Bowers know no one has eves- voiced any objection , and that sign , while it may be larger than a sign normally allowed in a residential area , given the topography and the curve , as well as the height of the building , is probably the safest kind of thing to have , especially in the kind of narrow driveway that the Bowers have , rather than putting a sign that may be hardly visible from the road so that people would be making short stops and quick turns . Chairman May stated that , as Andrew Frost , Building Inspector / Zoning Enforcement Officer , indicated in his letter , the Planning Board is only empowered to deal with a sign which is four square feet or 25 % larger , therefore , the Planning Board is making strictly a recommendation to the Zoning Board of Appeals . Virginia Langhans wondered why the sign was not removed after the time limit was up . John Bowers , speaking for Celia Bowers , spoke from the floor and stated that they applied for a permit for the sign a few months before the Uniform Sign Code was passed . Mr . Bowers stated that Mr . Cart. ee said if we give you a variance for this sign , before the new Uniform Sign Code was adopted , and then it turns out the neighbors don ' t like it a year later or six months later it will be grandfathered in and there will be no way that we can have any Jurisdiction over the sign , because it was applied for before the Sign Code was adopted . Mr . Bowers stated that Mr . Cartee said that he • would like to put a limitation of five years on this , and basically what he told them was that this was just to protect them so that if the neighbors objected it could be taken down . Mr . Bowers stated that Planning Board - 16 - June 21 , 1988 • this was sort of an informal understanding with Mr . Cartee , which he was afraid never got into the minutes . Mr . Bowers stated that , quite frankly , after five years they forgot there was this limitation , and nobody ever mentioned it to them , nobody in the Town contacted them , nobody ever complained , and to tell the honest truth they just simply forgot about it . Virginia Langhans commented that it was not Mr . Cartee who gave you this , but the Town Board . Mr . Bowers responded that he was just reporting the conversations that they had with Mr . Cartee regarding the reasons for the time limitation , the location of the sign , etc . Mr . Bowers remarked , if you look at the meeting of the Town Board minutes , there is really no discussion , at all , about any of these issues , and that was just what was said between them [ Bowers ] and Mr . Cartee at the time . Town Planner Susan Beeners stated that in 1980 it was proposed that there would be landscaping done around the sign . Ms . Beeners offered that , in her checking of that , she was not sure that that was done . Ms . Beeners asked Mr . Bowers if that had been done . Mr . Bowers said it depends on how close to the sign , as we keep it mowed around there , and there is a line of small shrubs around the perimeter of the south driveway , and there is another line of shrubs behind . Mr . Bowers stated that he guessed , given the character of the neighboring property , the unslightly debris around there , making a strenuous effort to landscape seemed a little pointless to them . Mr . Bowers stated that the other reason why they have not made stronger efforts • to landscape is that their ultimate plan is to put in a new driveway right along the property line next to Indian Creek Fruit Farm , and they really would like to integrate a little landscaping to the sign with that new driveway , which they have planned for some time . Mr . Bowers said that there would be no problem in landscaping . Mr . Bowers stated that if Ms . Beeners felt there should be more landscaping , they would be happy to do it . Ms . Beeners stated that she noted it as items that were proposed , specifically , at that time . Ms . Beeners wondered if Mr . Bowers had looked at alternatives of maybe having two signs that would comply and that would be visible for what purposes they have with north and southbound traffic . Mr . Bowers stated that that was the point they [ Bowers ] discussed specifically with Mr . Cartee , and in fact , Mr . Cartee told them he would not allow them to do that . Mr .. Bowers noted that Mr . Cartee ' s thought was , there is a blind curve there , and one can ' t see anything around that curve coming in either direction . Mr . Bowers stated that Mr . Cartee told him that his fear was that if they put up a small sign , even if it was as close to their property line as possible , people tend to come around this curve pretty fast and there have been numerous accidents at that site . Mr . Bowers noted that Mr . Car tee ' s fear was that drivers coming around that blind curve , seeing a sign , would try to brake in order to be able to pull into the driveway , or if they were going in the other direction pull into the lower driveway . Mr'. Cartee felt that that would create a traffic hazard , in fact , they discussed this with him as to whether they could put in two signs , one on either side of the curve , and Mr . Cartee said no , he thought it should go up on the very • highest point of the property , so that people coming from both directions could see it well in advance , and have time to decide • i Planning Board - 17 - June 21 , 1988 • whether they were going to stop or go down the road . Mr . Bowers said that all of this was discussed informally with Mr . Cartee at the time . George Frantz , Assistant Town Planner , stated that there could be a sign at the north entrance , oriented toward southbound traffic , and coming south on Route 96 they would see a sign , noting there is quite a bit of distance in which people can see a sign , identify it , and brake . Mr . Bowers stated that that would work for the southbound traffic running north , but the trouble is for the northbound traffic going south , commenting that his [ Bowers ] driveway is situated such that it is virtually impossible to make a right turn into it . Mr . Frantz noted: that northbound traffic would be alerted by a sign at the southern driveway , oriented toward northbound traffic , and from that point south along Route 96 there is a very good view . Chairman May offered that the problem is , people would not know there were two driveways , adding that he thought the location of that sign on this hill , and this curve is really far more of a safety concern than it is a sign being obnoxious or undesirable . Mr . Frantz stated that the signs would be at the driveway entrance . Chairman May responded that , if someone saw that first sign the tendency would be to jam on the brakes for that driveway , noting that the second driveway could not be seen around the curve , with Mr . Bowers agreeing . Chairman May commented that he thought that was a very valid point as the sign , in sitting up there on the hill , in reality probably is safer than trying to put two small signs down by the driveway . Carolyn Grigorov stated that the agreement was pretty clear in the resolution that the sign was to come down in five years , commenting that this was kind of what they were talking about before the meeting that people have a violation and the Town lets them continue it . Chairman May stated that , however , he thought the reason for the sign being put up there in the beginning is still very valid . Mrs . Grigorov noted that the sign still should have come down and then the applicant should have reapplied . Attorney Bennett stated that the applicant is now reapplying . William Lesser noted that the safety matter should be paramount . Mrs . Grigorov stated that she did not think it was quite right to just let the applicant go ahead with this . Chairman May stated that he felt it was fairly easy to forget something in five years . George Frantz , Assistant Town Planner , clarified that the law allows for a four square foot sign , and it does not necessarily have to be about two feet by two feet , it can be one - foot by four feet long , noting that it can be any dimension as long as it is four square feet- in area , or varied by the Sign Review Board to five square feet . Attorney Bennett commented that five square feet is not all that big , it is certainly smaller than " that " picture , and if for safety reasons it is placed on the top of the hill . Mr . Frantz noted that one can have ten - inch high letters on a five square foot sign . Mr . Flumerfelt , Town Engineer , noted that if one wanted to consider a smaller sign , the word Antiques is very large , and perhaps the arrow is not needed at the bottom . Mrs . Grigorov mentioned the fact of ignoring the .law . Mr . Bowers stated that he had spent quite a lot of money to have this sign designed , specifically , to fit the character • of the neighborhood , adding that the sign has posts that are designed in a style which is consistent with the house , and it would be extremely difficult to make a one by five sign , which fitted the Planning Board - 18 - June 21 , 1988 • character of the neighborhood as well as the present sign . Virginia Langhans mentioned letting someone do something illegal , which is what everyone is complaining about . Chairman May stated that he personally thought everything was fine . Mrs . Grigorov stated that the sign itself does not bother her , it is just the fact that a violation was committed . Chairman May asked if there were any other questions . There being no further discussion , Chairman May asked for a recommendation to the Zoning Board of Appeals . MOTION by Montgomery May , seconded by William Lesser : RESOLVED , that the Town of Ithaca Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that the presently existing non - conforming sign be granted permanent approval in its present location . There being no further discussion , the Chair called for a vote . Aye - May , Baker , Miller , Klein , Kenerson , Lesser . Nay - Langhans , Grigorov . The MOTION was declared to be carried . ® Chairman May closed the discussion of the Bowers appeal to continue use of an existing non - conforming sign , 23 . 80 square feet in size , at 9 : 49 p . m . SKETCH PLAN REVIEW : PROPOSED GRADUATE STUDENT HOUSING AT THE CORNELL QUARTERS SITE LOCATED ON MAPLE AVENUE AND MITCHELL STREET . ALBERT L . WRIGHT , AGENT FOR CORNELL UNIVERSITY ARCHITECTURAL SERVICES . Chairman May opened the discussion on the above - noted matter at 9 : 50 p . m . and, read aloud from the Agenda as noted above . Mr . Albert Wright addressed the Board and appended maps to the bulletin board . Mr . Wright stated that Cornell University is proposing 170 units for graduate students on the existing Cornell Quarters site , and other properties contiguous to it , increasing the total site area by about 500 , adding that it would go from 12 to 17 acres . Mr . Wright offered that the 170 units are broken down into 90 units for family graduate students , 77 four -bedroom units for single graduate students , and three efficiency units for single graduate students . Mr . Wright stated that there would be 241 parking spaces provided on the site . At this point , Mr . Wright introduced Don Vitters , Architect , from the office of Saski Associates . • Indicating on map , Mr . Vitters stated that the site is on the existing Cornell Quarters site , which is located " here " between Maple Avenue and Mitchell Street , adding that the site is abutted on one Planning Board - 19 - June 21 , 1988 • side by the Maple Avenue Housing project , and the Fairview Heights development is at the corner of Cornell Street , Mr . Vitters offered that there is a fairly steep sloping topography running from the east side to the west side . Mr . Vitters noted that there is an existing cemetery located [ pointing to map ] " right " here , and there are two existing buildings , in addition to the Cornell Quarters , located adjacent to Maple Avenue , which provides storage for the Cornell Campus Store , commenting that one of them is a concrete building , with a double pitched roof , and the other is a quonset but type of structure , which Cornell is proposing to remove . Mr . Vitters stated that , prior to any construction , all of the existing Cornell Quarters housing would be removed from the site , in addition to " this " existing storage building . Mr . Vitters stated that the 90 units would be located adjacent to the bikeway , adding that there would be a street that would run through the entire length of the site . Mr . Vitters offered that: the street would be narrowed down at Maple Avenue , and it is proposed to construct a stone wall , and some type of formal entrance into the complex , with some type of signage to identify the complex . Mr . Vitters noted that Cornell is trying to preserve as much of the natural landscaping as possible on the site . Mr . Vitters commented that there is a heavily treed and steeply sloping area just past the existing storage building , adding that some of the existing trees would be relocated on the site . Mr . Vitters stated that all of the housing units are pre - manufactured , which are manufactured by Cardinal Industries of • Ohio . Mr . Vitters offered that Cardinal Industries is the second largest home manufacturer in the country . Mr . Vitters noted that there would be a variety in roof line . Mr . Vitters offered that the units would be clustered around small courtyards , and noted that entrance to each one of the units would be from a courtyard . Mr . Vitters stated that the courtyards would be landscaped in a unique way . Mr . Vitters stated that approximately half of the existing warehouse building would be renovated for management offices and meeting rooms , and commented that there would be two laundry / lounge buildings of 1000 square feet each . Mr . Vitters stated that , as to the drainage , there would be some increased surface run - off due to the additional density , adding that the design is for a 25 -year storm . Mr . Vitters stated that a traffic study had been done for the project . Mr . Vitters said that all of the units would have a. direct connection to the bikeway . Mr . Vitters offered that in terms of lighting , it is proposed to illuminate the drive and the bikeway going through the site , noting that additional lighting would be in the courtyards , and probably some accent lighting at the entrance to those courtyards . Indicating on a map , Mr . Vitters pointed out the existing Cornell storage building , to which Cornell plans to make improvements on the outside . Virginia Langhans wondered why everything was one - story , and used up so much land , rather than having some two - story buildings where there would be more open space . Mr . Albert Wright responded that that • comes from the financial decision to use modular housing to provide this housing , commenting that Cornell ' s research indicated that commercial or institutional modular housing is by and large limited to Planning Board - 20 - June 21 , 1988 • single story , adding , there are a few manufacturers that produce two - story houses , but they are single family residences and they are not adaptable for the kind of housing that Cornell wanted to provide for graduate students . Robert Miller wondered how wide the area was between the sidewalks on the main drag . Mr . Vitters answered that it was 58 feet . Mr . Miller asked about perpendicular parking with that distance , with Mr . Vitters responding , there is enough room . Mr . Vitters noted that the traffic circulation would be two -way . Carolyn Grigorov wondered if there were enough play yard for the children of 90 families . Mr . Miller asked about the 58 feet , because he was in the garage business once and he was told that 70 feet was needed to have perpendicular parking , adding that 60 feet used to be diagonal parking . Mr . Miller remarked that he did not think one could back out and make a swing . Mr . Vitters stated that the most typical dimension seen today are 18 - foot stalls and a 24 - foot driving range . Mr . Vitters stated that Cornell did not want to do anything to make it difficult to get in and out . Chairman May commented about cars overhanging the sidewalk , and he felt it would not look very nice to have a bunch of cars hanging over the sidewalk . Ms . Langhans remarked that there would be a maintenance problem in the winter . Mr . Vitters responded that an alternative would be to provide a grass strip along there , and still • allow cars to overhang the sidewalk . Mr . Vitters - stated that Cornell was trying to economize in terms of maximizing the amount of space around the units . Mr . Vitters said that Cornell did not want to add any wheel stops . Carolyn Grigorov wondered if there were a fence between the Maple Avenue apartments and the proposed project , with Mr . Vitters responding , no . Attorney Barney asked if the buildings would be occupied seasonally . Mr . Vitters answered that they would be occupied throughout the whole year . Attorney Barney wondered if the buildings were owned by Cornell University . Mr . Vitters responded that they were rental units for students , and were owned by Cornell University . Mr . Wright offered that they were for dormitory use . Assistant Town Planner , George Frantz , noted that occupancy would , basically , be controlled through the Department of Residence Life , and rented to registered students . Board member William Lesser commented that , as someone who works regularly with Cornell graduate students , this complex would be very welcome , certainly the expansion . However , Mr . Lesser felt there could be more accommodations made for children , as there is not any specific place for them to go in that neighborhood . Secondly , Mr . Lesser noted that one has to be concerned with the potential amount of traffic that is going to be flowing through , even if it is limited to this , to have that much traffic backing in and out of what amounts to a major road through the property . Mr . Lesser remarked that he was . not sure what could be done about that , but it was a concern that he had . Mr . Vitters noted that a number of students would have a bicycle or walk to the campus . Mr . Lesser wondered if bus service would be Planning Board - 21 - June 21 , 1988 • provided , with Mr . Vitters answering , yes . Mr . Wright stated that one of the reasons for a through street was the capability of bringing a bus right through the site . Chairman May wondered if any consideration had been given to providing any Day Care facility in the project . Mr . Vitters responded that there has been some discussion about that as a possible use . David Klein , directing his question to Mr . Wright , asked what the projected child population was ? Mr . Wright responded that it was very difficult to predict what the child population might be . Mr . Klein stated that he tended to agree with Mr . Lesser as to the play areas . Town Planner Susan Beeners wondered if an improved pedestrian connection -to East Hill Plaza had been looked at , adding , that seems to be a big concern that she had heard recently , and noted that historically , especially with the graduate students and their families that would live at Cornell Quarters . Mr . Vitters responded , no , not as part of this project , but it is part of a master plan for this segment of the Campus . Chairman May asked if there were any other comments . There being none , Chairman May declared the matter of the Graduate Student Housing at the Cornell Quarters site Sketch Plan Review duly closed at 10 : 30 p . m . • APPROVAL OF MINUTES - October 20 , 1987 MOTION by Virginia Langhans , seconded by Carolyn Grigorov : RESOLVED , that the Minutes of the Town of Ithaca Planning Board Meeting of October 20 , 1987 , be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Baker , Langhans , Klein , Kenerson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . APPROVAL OF MINUTES - May 31 , 1988 MOTION by James Baker , seconded by William Lesser : RESOLVED , that the Minutes of the Town of Ithaca Planning Board Meeting of May 31 , 1988 , be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Baker , Langhans , Klein , Kenerson , Lesser , Miller . Nay - None . • The MOTION was declared to be carried unanimously . Planning Board - 22 - June 21 , 1988 • At this point , Chairman May wondered what the Board would like to do with the information presented at tonight ' s meeting by the South Hill Residents ' Group . Town Supervisor Desch stated that it would be very helpful if a transcript of the presentation was provided so that the Zoning Board of Appeals , Town Board and Planning Board could have a copy . Chairman May stated that the next action from the Planning Board would be a public hearing on the Comprehensive Plan Statement . Chairman May noted that copies of the Comprehensive Plan Statement would be made available . Chairman May commented that , at this point , the Planning Board has adopted and moved to public hearing a Comprehensive Plan Statement , noting , it was agreed that 100 copies of the Plan were to be printed for public distribution . Town Planner Susan Beeners stated that staff would work toward August 2 , 1988 for a public hearing . William Lesser stated that it appeared to him that planning issues were getting considerable attention , commenting , he did not know whether it was at all feasible to think about a larger place for discussion of the Comprehensive Plan , if indeed , there were a number of people who wanted to be in attendance at the meeting . Chairman May responded that that would be discussed . . • ADJOURNMENT Upon Motion , Chairman May declared the June 21 , 1988 , meeting of the Town of Ithaca Planning Board duly adjourned at 10 : 55 p . m . Respectfully submitted , Mary Bryant , Recording Secretary , Nancy M . Fuller , Secretary , Town of Ithaca Planning Board . • June 7 , 1988 We the undersigned , do hereby affirm and support the formation of the South Hill Community Association and the request of the Executive Committee pro tem to the Town of Ithaca Planning Board attached hereto . NAME ADDRESS Vfi / 0 ¢ lei e w T di'4 C 1 Y/ 7 0 . 103 00400� Com_ 13 , 32b Cosi 'G� -�( ( Dd > 7 U � 0', ti e 1 acv 024 . 104 `�'h `` ✓ aFf. '`�a2 i o S�,►.�� �- p . , ty, 0P. E o nl (jf}CK � 2Y�1 03 9UNI OL"Q. EXfIIBIT 1 3 s~ 0 ! o ��� s��.` �•� csz� e J,)j EXHIBIT 1 PAGE TWO Respectfully submitted , NAME ADDRESS a 33 CLI ( 6s r - -z s- S� • R lleEd oC I 7,rey EXHIBIT 1 June 7 , 1988 We the undersigned , do hereby affirm and support the formation of the South Hill Community Association and the request_ of the Executive Committee pro tem to the Town of Ithaca Planning Board attached hereto . NAME ADDRESS 20 7 w Al c� rAa ':ac-57/ pc) WAZ 12. 117 ki"O C"r EXHIBIT • 1 - 1 June 7 , 1988 We the undersigned , do hereby affirm and support the formation of the South Hill Community Association and the request of the Executive Committee pro tem to the Town of Ithaca Planning Board attached hereto . NAMEADDRESS SST-rtXj ��- G 77 1b D GL i I 2 et �� h T �Ccc EXHIBIT • June 7 , 1988 We the undersigned , do hereby affirm and support the formation of the South Hill Community Association and the request of the Executive Committee pro tem to the Town of Ithaca Planning Board attached hereto . NAME ADDRESS Li • • EXHIBIT 1 C • June 7 , 1988 We the undersigned , do hereby affirm and support the formation of the South Hill Community Association and the request of the Executive Committee pro tem to the Town of Ithaca Planning Board attached hereto . NAME ADDRESS (AD r aa4.)( Pj S .a 13o r res D�� : • EKRIBIT 1 June 7 , 1988 We the undersigned , do hereby affirm and support the formation of the South Hill Community Association and the request of the Executive Committee pro tem to the Town of Ithaca Planning Board attached hereto , NAME .� ADDRESS D t Ve coot i Al eillmri rL.� EXHIBIT 1 • Ir The residents of the Town of Ithaca have gone from a feeling of complacency and blind trust to. increasing frustration and no confidence in our local government . How did we get here? Perhaps it is the constant threat of litigation from developers that influences the Town Boards , The Town has taken the posture that the developer has the right to develop , and recently, the developers have been calling all the shots. The residents have been forced into playing the role of the adversary . We end up fighting for rights that ought to be inherent in our Ordinances . It should not be necessary for us to hire an attorney, when we have a Town attorney or to hire an engineer, when there is a Town engineer. Most of us feel threatened by the sudden escalation of developments that can ' t be justified and will irreversibly change the character of our neighborhoods. We are disturbed by the ad hoc and reactive manner in which the Town conducts business and the lack of firm criteria , consistent plan • and vision , that should be considered when making major decisions. There is the danger that our neighborhoods , where people bought homes to raise children or to retire , will much too easily be made into rentals . This increases the density to full capacity and beyond , adds traffic , noise , changes the character of a neighborhood from a community to a transient , poorly maintained hostile environment . Clever developers take advantage of every loophole 'to maximize their profits . The character of a good neighborhood for example , can not be defined merely in terms of lot sizes ! Many of us are concerned about the ease with which rezoning has been considered. Precedent plays a large role in the decision making process . Decisions should be made carefully, so that a developer can not use bad precedent to his advantage. Our zoning map is a form of a guaranty : if you bought a home in a single family neighborhood it would stay such . Any changes would be well justified , predictable , with the consent of the majority and in the clear interest of the entire community . • It is unrealistic to ask that no changes be made , ever. The Town will EXHIBIT 2 inevitably grow. But , the Town and the residents need to stop and re- evaluate this expected growth with the help of unbiased individuals, We need to determine what the most likely needs are and where the necessary changes will be least destructive to existing neighborhoods . Progress should be deliberate predictable. If we err, let 's do it on the conservative side. Mistakes in community development can not be undone and generations will pay for them. (Just remember the nationally featured horrid example of Boulder! ) EXHIBIT 2 ► l P2 / er Ho �1✓r� av` • QUESTION : ARE PRE- EXISTING RESIDENTS PAYING ADDITIONAL TAXES TO COVER THE COST OF DEVELOPMENT ? There are many "myths of growth" which are given to the public by local politicians and planners in order to justify their persistent push for new development. Several studies have demonstrated that the most common myth of growth or development is that "New development increases a community 's tax base, spreads the tax burden among more people, and lowers everyone 's individual tax rates. " In reality, however, "development does not pay its way with respect to the costs of public services and must be subsidized by pre-existing residents through higher taxes. The costs of new schools, roads, police and fire protection, water and sewer lines and other services far exceed the tax income generated by the new housing development. " (Quotes from Balance Data, No. 24, August 1987 , a newsletter of the Population-Environment Balance, 1325 G. Street, N.W. , Suite 1003 , Washington, D .C. 20005.) For example, it was found that the taxes generated by new construction in Loudoun County, Virginia only covered 70% of the cost of services for the new housing. The pre-existing residents • had to pay the remaining 30% through increased taxes Balance Data, No. 24, August 1987). What about the taxes levied upon the residents of the Town of Ithaca over the past few years? Let's just consider our town/county tax bill, and exclude for the moment, taxes for fire protection, water, and sewer. We are lumping our town and county tax bill rate together, because it is very difficult to understand how our taxes are actually distributed between the Town of Ithaca and Tompkins County. Regardless how the money is divided between the town and county, it is money out of our pockets for the same services, for which our Town officials have considerable control. Did you know that our town/county tax bills have increased 262 percent over the last 10 years? This translates to an increase (not including fire protection, water or sewer) from about $ 83 in 1979 to $300 in 1988 for a house assessed for $50,000. Over the last 5 years the increase has been 148 .9 percent! Last year alone it was a whopping 57 . 6 percent increase ! Obviously, these increases, especially recently, greatly exceed inflation. We believe that much of this increase is needed to provide services for new developments, because inadequate tax revenues are generated by new developments. In our neighboring village of Lansing, home owners are facing a 62 percent tax increase because of • $ 8 million dollars in capitol improvements, mostly in road improvements to handle the increased EXHIBIT 3 traffic generated by new business and high-density developments. The high-density developments were not contained in a small area,forcing capital improvements to be made in a much larger area (Seymour and Rita Smidt, Letter to the Editor of Ithaca Journal April 9, 1988 and James C. Showacre, Letter to the Editor of Ithaca Journal April 21, 1988). Studies have shown that if a community adapts a growth management plan that tax increases can be minimized,and housing and land costs can be stabilized instead of being subject to inflation through speculation Balance Data, No.24,August 1987). Again to quote from the Balance Data newsletter, "Choice is an essential ingredient in growth management programs. Politicians,planners and the public must make hard choices about the type, number and density of housing units to be built in their community;the capacity of school facilities,commercial enclaves and industrial parks;the size and location of highways;and the limits to which the community will go to protect its environment." We the people of the Greater Ithaca Neighborhood Association feel that the escalation in our local taxes,is used to subsidize services for new developments in this town. This only adds insult to injury because,in return for an unfair tax increase, we end up with traffic congestion,crowded schools,and an unattractive,unhealthy,noisy environment. A moratorium on new development is needed now,until we can get a rational growth management program in place. Such a"Master Plan" will result in a smaller bite taken out of our hard-eamed dollars while still allowing for growth in a community that will continue to be worth preserving and living in for generations to come. --- ------ ----- ---_ --_ Peter E. Hillman, 370 Stone Quarry Road,Ithaca,NY 14850 21 June 1988 EXHIBIT 3 r Y 5 e. - Statement to Ithaca Town Planning Board , 6 / 21 / 88 • '� �n�ti�.nc1C� I ' ve been asked by TherCreater Ithaca Association to address the issue of school and youth services capacities as a component of effective , democratic planning . Since children are not voters in the neighborhoods in which they reside , they depend on advocates to state their case . While the parents of young children may advocate on their behalf , the demands of parenthood in the 1980s makes it difficult for the average parent to become well- informed on the issues that effect their children : School Board decisions , proposed changes or expansions of ;youth services delivery , and the undermet need for day care services provisions . As a human service worker in the area of youth services and day care , I have attempted to keep current on issues effecting children . I hope you will consider the needs of our youngest citizens when you review _ the proposal you are t_iresented tonight . The opening of a new school , Cayuga Heights Elementary School_ , has helped ease overcrowded conditions in The Ithaca City School District elementfl ^. y schools . UThen redistricting was kinder dis.cussion in planning for opening this school , the principals were asked to estimate an optimum capacity for their buildings . • Only one school , Fall . Creek , had a capacity morn than 10 students above their number of students enrolled. . Opening the new school may allow the District to gracefully accomodate an increase in numbers of students in certain areas--- the developments in the South Hill area that are currently underway may , however , take up a great deal of that slack . However , the 167 " extra" elementary stu- dent spots may not be located close enough to the proposed developments on the West Hill to be of use to accomodate more students . The Enfield. Elementary School , which ser- yes the Town of Ithaca in the West Hill area , will have two 'mobile units " -- trailer classrooms - - installed to allow it to . continue operation next year , while plans for more classrooms are drafted and approved . Let ' s slow down and let classroom space catch up . The school district has no more schools held in reserve , and building new schools is neither a fast nor an in- expensive process . The local show-down over youth services is coming belatedly to the attention of parents of those who are in need. , as they f < ce much steeper fees for the ser- vices provided by The Ithaca City 4' olth. Bureau than they have paid in the past . The way in which servJ_ ces are of f �_. red is an. important component of program plan- ning , and should be consistent from year to ,year so that parents and youth k».ow what to expect from a program . Tc have severed the contractual relationship with the k` ..- ad. itional provider of sery -ces for The Town in a dispute over program fun.d - EXHIBIT 4 } ing and program costs , without making any effort to assure the delivery of services , represents exceedingly poor planning . The current policy of offering refunds to families for 50 % of the costs of Ithaca Youth Bureau Camps works to deny the most of The Town access to these programs , and is financially disadvantaged families a complete abdication of municipal responsibility for ensuring program quality A contractor can negotiate-- a refund to a parent leaves the responsibility in the individual parent ' s lap . I was interested to read your draft Master Plan , and noted that , while the need for youth services and day care of acceptable quality ecific plans for provision were offered whatso- were noted in your preamble, no sp ever . There is the disturbing feeling that services for youth-- an established and ordinary municipal_ function--- are expected to somehow materialize and operate without significant Town help or support , while large- scale developments-- typically considered self -supporting at worst and highly profitable at best-- are expected to need significant staff and Board time and attention . Perhaps this moratorium proposed will allow you to turn your attention to the crisis in youth services delivery , which should be solved before more - families are invited to settle here , Day care services are in short supply throughout the area : A recent visit by NYS . Departi'ient of Social . Services Commiss :loner Ceasar Perales to offer the Day Care and Child Development Council $ 135 , 000 . to address the need gave cor - roboration to the. intensity of the need . He stated that the need for day care cen- ters in Tompkins County was shown to be greater than ; ,.anywhere else in New York , excluding New York City . What proposals do you have under consideration ? What plans are you making ? It is clear that you have significant planning left to do .,in the area of le under 18 to live in . Please address these providing a good community for peop urgent needs , and establish policy which serves the young people who already reside here , before entertaining any more proposals to increase housing- stock by a substantial percentage . e • EXHIBIT 4 r L J C o l zw� .c, ,t • Question : Is the " letter and spirit of zoning regulations " being enforced or has the spirit of variance and reactive planning come to predominate ? This section of the presentation of the Greater Ithaca Neighborhood Association proposes that there is inadequate respect for zoning regulation in the Town of Ithaca among certain developers and landlords . The legal reasons for variances are to overcome rigidity in the regulations and to relieve serious injustice or hardship . In violation of this principle , it has become the expectation of some developers that variances will be granted either before or after construction . Indeed , contrary to what one might expect , it is those who have greater resources and experience with zoning regulations , those who are best able to comply with the regulations , who most frequently consume the time and resources of our town with requests for variances . A variance to zoning is intended to overcome " unique and particular " circumstances . Individual citizens are expected to and do follow code and zoning regulations . Variances are to overcome unpredictable hindrances or unforeseen hardship . It is directly contrary to this principle to plan variances . It is therefore wrong for some developers to be allowed to plan variances into their projects . For example , if the zoning specifies a maximum height of thirty feet , why should Deer Run developers plan and build • structures which exceed this reasonable standard by one inch not to mention eight feet . They were rewarded for violating zoning with their illegal construction by being granted a variance after the fact not only for the building constructed but for future construction . One with even limited experience attending planning board or zoning board of appeals meeting or reading the legal advertisements will recognize the expectation among certain developers that variances can be properly planned or granted after construction . Another example is the quadra -plex built at 229 Coddington without permission . Citizens have a right to expect the enforcement of simple law and order when it comes to the zoning that protects their neighborhood . One more example in our neighborhood shows the disrespect shown our Town officials . A good deal of time was spent at the zoning board of appeals denying a variance for the " midnight construction " of a third dwelling unit at the intersection of Stone Quarry Road and West King Road . Even though the variance was denied the owner ' s agent advertized the property as a triplex . Mr . Frost has told us a letter might be sent out and that the procedure for enforcement will take some time . Later he said that the door between the two units was unlocked therefore it was not being rented as a triplex . Again the rule is straightforward , three unrelated individuals in R9 . It is being violated . • Imagine the results if this approach were allowed to continue as it has in the past . Why should some builders be allowed to operate in this manner while others follow the rules . EXIIBIT 5 '-s • This is an unfair and unjustified use of our officials time and resources . How has this disrespect for regulation grown and why ? The principles working against the principled enforcement of our zoning regulations are fairly simple . A quadra -plex or a triplex are assumed to make more money than a duplex . This is not clearly true because the character of a building and its neighborhood influence its rent and occupancy . Nevertheless there is a great deal of time and energy spent by our officials dealing with efforts to stretch the maximum occupancy limits . Consistent enforcement would free up a lot of our planning officials time . The disrespect for the " letter and spirit of zoning and planning regulation " has been engendered by some actions of planning board members . For example , why did Ms . Schultz build a multiple residence for students on Pennsylvania Avenue '".#, Mr . Mazza provided an absurd example of planned variance by claiming hardship to force the moving of a grandfathered multiple residence because it blocked a planned road in his Cayuga Vista development . He and Mr Grover drew the road directly over their house . Not only did he want to move the variances or non - conforming uses with the house but he planned to add a further residence unit . Not only does hopping variances around the map not make sense it has not been permitted by the courts . " A non conforming use on one portion of a lot may not be moved to another portion of such lot in violation of zoning restrictions . " • Section 96 , Change in Use of non conforming use , Zoning and Planning Law , p . 662 , Vol . 67 NY Jurisprudence ( Lawyers Cooperative PUblishers , Baker Voorhis & Co , 1969 ) . Fortunately Mazza an Grove dropped their appeal but is this the appropriate use of a knowledge of zoning regulations by a Planing Board member? The present failure to uphold the principles of zoning regulations and variance for unforeseen circumstances against the contagion of planned variance and spot zoning is why we are calling for a moratorium and a plan for rational development . It is essential to stop planned variances , to insist on complete plans which conform to zoning and building regulations be approved before construction , and to use our officials time to enforce the " letter and spirit " of a zoning plan which will permit rational development and growth in the Town of Ithaca . • EXHIBIT 5 Qi4N SC � aOL • There are three related issues that must be publicly acknowledged . Each raises its own concerns , but all three need to be dealt with collect - ively since they affect local neighborhoods . First , there is a pressing need to require from devlopers complete and detailed plans for all phases of a site ' s devlopment before construc- tion is permitted . We have seen examples of devlopments planned in two or more phases . This is not a problem except in the all too prevalent case where " phase one " is planned and presented to the public but "phase two " is not . How can any rational decision be made concerning the appro- priateness or inappropriateness of a plan to a community when a devloper ' s " phases " are not planned in advance ? The Town Planning Board ought to strictly require complete project plans before a spade full of earth is moved at a site . Second , because complete site plans are often unavailable or vague beyond redemption , variances are often hastily applied for and unfortun - ately granted . We have heard of examples where a devloper ' s initial buildings do not meet zoning requirements , a variance is granted , and remarkably , it is all to extend to new , as of yet , unbuilt structures . This suggests that mistakes are not - only forgiven , they are encouraged Encouraged because when mistakes are profitable they will be made by the unscrupulous . Therefore , a strict policy against variances must be enforced . If we are to have a Master Plan then exceptions to the rule - -which variances are , after all- - are not acceptable . They can only lead to poor overall planning . Third and last , the Town Planning Board must make it a strict policy that all devlopments be evaluated with regard to their effects on traffic flow , drainage , sewage , noise /enviornmental pollution , and maintenance . • EXHIBIT 6 -4 1 • Rental properties have a tendency to be seen as immediately advantageous and therefore to be encouraged . Although this may be true , we feel that a burden of proof must be placed on the devloper not the neighborhood in which the devloper intends to build . Traffic , sewage , and school systems of long standing and tenuous safety margins can be imperiled by hasty site plan approval . In the long run , unrestricted growth and devlopment can endanger a municipalitiy ' s tax base , service systems , and tourist trade . A policy which place the " burden of proof " on the devloper will encourage each prospective builder to do his or her homework before a site plan .is presented . This policy must be placed in tandem with one requiring complete site plans , and one discouraging variances . • • EXHIBIT 6 I am Doria Hi , - I live at 2 Hillcrest Drive , and I am part of a recently formed group on West Hill and also ' further out which is in support of the South Hill group in its request that you declare a moratorium on all subdivision developments in the Town of - Ithaca until such time as a Comprehensive Master Plan has not only been approved by the Town Board , but until it has also been presented to the community and the community has been given the opportunity to study and evaluate such plan and to then work with the Town Board or Planning Board to refine or change such plan until it is acceptable to the community . We would like to clarify our support by adding that it is our understanding that the South Hill petition does not refer to individual homeowners or to landowners who plan to build their own residences . The petition is for a moratorium on all subdivision development and on all granting of variances , and all rezoning and on all designation of Special Land Use Districts and of so •- called " floating zones " pertaining to subdivision development , commercial or residential , and a moratorium on all types of interruptions of our established zoning laws and ordinances for subdivision development and which are not for the purpose of the individual homeowner . We think it imperative for the present and future welfare of the Town of Ithaca that all further development be done within the context of a Comprehensive Master Plan approved by the community . • EIIBIT 7 t • lel/ �n . "T C We can see flow u n p I anncd . UnCOntrol I ed deve .I opnrerIt Ciir.rses nrrj .ior problems for municipalities . Upen space is rapidly converted to • residential and commercial use . A haphazard , piecemeal approach to development , Using the go _. lss of private developers as it ' s gU :i. d (2 can destroy the vr� r ) qualities that attr ,-�icted us to the Gr eater- Ittiac:_ a area to bt=rgin wi. ttI . W thor_rt proper p F.irrninc; . i . Road =_ , sejwcjr- s ? rid other s -, - stems that worked well with the numbers for which they were designed become badly over Ioaded �� nd nay cease to fL; flCtl On at alt . I es rise to pay for building and repairing overused hir � hways and roads , and for increased costs of schools and other facilities and services . ra. rbage disposal alone becomes a monumental pr' obI ern tic twe c ,-an sec al ready i n TcrnpIfiris Co . _ . AS numbers Of cars i ncrea. =, E , tr a. f f i c becomes heavier ; par- firing becomes nei? rly irr; possible ; life q_ roags more hectic as gettin _; to wort- gettil g to sCtlool , getting anywhere becomes a has = le . - - - - - - - 4 . As long standing neighborhoods are disrupted by new development , homeowner confidence is destroyed as people -fear similar ill - conceived developments in their own neighborhoods , In the absence of a master plan , variances become the rule rather that; the exception , often benef i ti no_ the developer rather than the public interest . Fu gr_rot (r.� titin Ho f f nrarr , I t= haCa Ci t. y Counc i 1 nran , " -1 he transf or mat i on from meadow and fa:r- mland to suburban Shopping centers and condos iS !ESIEal1 }' not c? COnSC1Ok_is , democratic Choice hL! t ct Series of small steps that eventually add up to a. radically different cornmUnit. y . The essential gUEstiOnS =_. houId be : WTI at Bind of Community do -; e want : 114' h .a. t kind of change is desirable ? Then : I-10W can we e :: ert Lhe control and management that is necessary to get or preserve wh =. t we want . There are al terrrati vE> s . . . " Tt: _ r- e is con =_. iderable prec = der: t for n? r_Encipalities to impose moratoria on development . We diSSCU = Ed the matter with Mr . James tien >, ers �; c y , an attorney for the Division of Codes , r%ly l) r2pt . of SLate . Mr . Hennessey insisted that towns have a legal right to declare moratoria . He has written a memo to the legislature = p _ c _' fically addr e = = in ` the i SSue of tow-in rin_ hts in the control nr .development . moratoria ha -,.ie consistently b _cri Upheld in COUrt , The cities of Utica. , Nyack , Ncw Rochrel l " , tC' ami i l u ly Stoney Point and Ramapo have all deC1tired mor- atonia in orae fr, rrn or another for concerns Similiar to oUFS . In 1984 , New Jersey had .Tcr cities with mor acoria in place . !{ M realise that development of a mastertan is p an exh " Usti: ve Pr tCocct.104 ? e ': er , t0 pre -vent cna. 4.: inq it- r eversible ml St at-: ES , rJ = must =, top , CatCh our- breath , observe wt1Er- e He a. re nolo and assess • where we rrj .:Yr; t to bE . p1 a 8 r E _ h an _ haCEld be dc_ veloped joir, tl ; between Town officials aril repres � n ` ati : es from the Community at 1 _ r- tie . F, do ;at i on or this n = w pI _gin sho _r ? d ocr c.: r on1 after seel _ i r; c EXHIBIxT 81 1i:7ci?. l input and dol ng C ; : haustivei research on d (� rnrjgraj-.) i .ics , environmental concerns , t ;- affic patterns and the quality of life • desired by the current residents . You the mr= tubers of the Planning Board have 1 ong stood al one on r ern L I i nes . Yuu he-kVP brf:rii er i t: i r : i (A by ci L i errs rtror_rt � � nt.t developers alike . Using the tools and information that have been available to you , we have no do ! 1. bt that you have made the best decisions you could for the good of the Town . However times have changed . Development is increasing at an accelerated pace . For thm good of the whole Town , we need to stop and plan ahead so that future generations can enjoy the Ithaca that we are taping for granted . The Greater Ithaca Neighborhoods Association is asking for your support for the moritorium . We represent a tremendous human resource for the Board . Together we can create a Master Plan to Guide the development of the Town for years to com2 . • • EKHIBIT 8y MEMORANDUM T0 : Montgomery May , Chairman Town Planning Board FROM : oel Desch , Town Supervisor RE : Comprehensive Planning - Town of Ithaca DATE : June 21 , 1988 Thanks for the opportunity to present my views on recent concerns about the state of comprehensive planning in the Town of Ithaca . As you know , there has been vigorous public participation on two development proposals in the Town over the past two to three months , one on South Hill and one on West Hill . There is one clear message that has came through to me loud and clear , once you cut through the rhetoric that has been prevalent at the recent Town Board meetings . That message is effectively expressed in the petition of the South Hill Community Association . • On West Hill the message takes the form of concern about the location as well as amount of commercial development to be permitted there . I support the intent of the South Hill petition and the West Hill concerns although a moratorium is neither technically nor legally defensible . I , therefore , present the elements of a proposal that will come before the Town Board on July 11 pending Planning Board review at your July 5 meeting . The proposal attempts to provide both short and long term solutions to our comprehensive planning needs . The proposal is also , I believe , consistent with the intent of the resolution adopted by the Town Board on June 13 wherein the Town staff has been directed to prepare requests for proposals to retain a consultant to assist in the updating of our comprehensive plan . I propose that we hire Mr . Thomas Niederkorn on a retainer to work for the Planning Board to assist the staff and Board in providing the services outlined in the Town Board resolution . This would mean that Mr . Neiderkorn could be authorized to begin work as soon as practicable after the Town Board meeting in July if we are successful in formalizing this proposal . If this were possible , I believe it might be appropriate to provide an overview of the current comprehensive planning process at your initial public hearing on the new guidelines scheduled for August 2 . A purpose of this would be to help overcame the public perception that our comprehensive plan is the best kept secret in Tompkins County . EXHIBIT 9 �40" i 2 • Once the review of the preamble has been completed I believe that our comprehensive planning efforts should start with West Hill including the -assessment of the need for commercial services and the specific merit of the Kyong Project . However , the subdivision pressure on South Hill suggests the need for concurrent support by Mr . Neiderkorn to work with the Town staff to develop integrated area plans to thoroughly answer the questions delineated under Article V , Section 32 , paragraph 4 of the Town Subdivision Regulations . I will also recommend to the Town Board on July 11 that we refer the Kyong project back to the Planning Board for your further consideration in relation to the information that will result from the comprehensive planning effort in accordance with the provisions of Article IX of the Town of Ithaca Zoning Ordinance . The Planning Board would determine when the Kyong zoning proposal would be ready for referral back to the Town Board . During the coning year all requests to amend the Zoning Map , in my judgement , should be required to stand a most rigorous test of need and conformity with the Town comprehensive plan including all of our current regulations and those that we may adopt over the next several months as the comprehensive planning process moves forward . • While I .realize that this proposal is only in outline form , I believe the timetable is achievable and I hope you will agree that the need is urgent as dictated by both the level of public interest and the level of growth pressure we have in the Town of Ithaca . Thank you for listening . I would be pleased to answer any questions the Planning Board might have with regard to this proposal . ND/ js EXHIBIT 9 ti w Tuna 20 , 1988 2 Hillcrest -Drive Ithaca , 111 . Y . 14850 The =town of Ithaca Planning Board Town Hall Ithaca , N . Y . 14850 Dear Planning Board Members * I understand that the sign for the Bowers Antique Shop which they run from their home on the Truman. sburg Road , is to be reviewed by you at your June 21 meeting . As a neighbor who passes the sign fra , uentl_ y I can assure you that the sign is not at all objectionable . It is a simple , unobtrusive sign which reads " Indian Creel( -antiques " in thin black letters on a white back- ground . It has clearly been professionally and well designed and professionally executed . It is in quiet good tastcand blends pleasantly into the neighborhood . I do not know of any reason why you should not approve continuation of this sign . . All best wishes , .�' H15S Doria Higgins - cc EXHIBIT 10 or °O 105 Dubois Road Ithaca , New YorK 14850 • 19 July 1958 To Whom ; t May Concern : As the closest neighbors to the property of Celia and John Bowers , we hereby declare that we have absolutely no objection to their present sign advertising the presence of their antiques business . o _ LnJg . Weissr B . Weiss cc . Sign Review Board , Town of Ithaca EXHIBIT 11 4, June 20 , 1988 To : Sign Review Board Consideration Planning Board ( Attention - George R . Frantz , Assistant Town Planner ) Town of Ithaca 126 East Seneca Street Ithaca , New York Dear Mr . Frantz , We own property on West Hill ( at Hayts and Trumansburg Roads ) and , for many years now , have used Route 96 actively , passing by the Bowers property , We find no objection to Mrs . Bowers ' sign for her antique shop ; and , in no way , do we find the sign offensive . We hope the Sign Review Board will act favorably to Mrs . Bowers ' continued use of the sign . Thank you . S/G� e re�'�� Rosalind Grippe • �4 � lV Salvatore Gripp Owners : 1296- 8 Trumansburg Road • EXHIBIT 12 � � � xa !lila JOURN TOWN , ITHACA PLANNING wp••-{� BOARD, NOTICE OF PUBLIC + kL HEARINGS, TUESDAY. ' JUNE 21 , 1988 By direction of the Chairman of the Planning Board, NOTICE , ` IS HEREBY GIVEN, that Public ! VIL" Ot � k, i . =37kQv Hearings will be held by the ', i. �'� `+'+t' � Planning Board of the Town of : Ithaca on Tuesday, June 21 , '' 1988, in Town Hall, 126 East ` Seneca Street, Ithaca, N.Y. , at ., _ . _. . YJ. . . keon. : 1StF tjtlI \ TM�7'D , 4� it3 �" "' �O the following times and on the following matters: � ( �� � ( ,] 7 : 30 P. M. Consideration of a�' h ILDd 1CC>zt � a o7GLJa and Request for Modification of conditions imposed in - the tlLtt be ii e 1 e rk September 15, 1987, Planning " — ^ "– - - - Board Site Plan Approval of an 'i 1 air structure enclosing two , �� I2SAGI OL?N /.L• i ,:bJC neVTpapc7 F Pv tennis courts at "la Tourelle", rM and bl�sbe3 Special Land Use District No. 1 , 1150 Danby Road, Town of Ithaca Tax Parcel No. 6-36- 1 �1 I e= =L a.'XT&Ii c, an d t2:: t t Uoed= , m-1 w� C1 •Lhe awn e= c3 b a tru e . 4. 2. and further; Consider-' ation of a Requi0 for Modifi- i s cation of Local Low'No. 3-1984 : ;'r �R'tS �*JbI1S�C3 SL jA c �1IpC* ��v _, _ •�"� pertaining to said Special 't Land Use District No. 1 , said request being to permit cook-;, ing operations and beverage ; ---- —._.._ service in "La Tourelle" for re- ceptions and similar events. Walter J. Wiggins, Owner/Ap- I �� . .. _ . plicant. (Adjourned from May 17 and June 7; .1988. ) " 8:00 P. M. Consideration of a pub?ic: t_ on ' O .' sac notilx �•&S Or, the request far the rezoning of a � - • 3. 4 plus or minus acre portion of Town of Ithaca Tax Parcel ] \• � ! __-_ T No. 6-35- 1 - 10. 1 , located on El- mira Road near its intersection with Enfield Falls •Road, from Residence District. R-30 to Busi- ness District "B"; :for expan- sion of Eddydafe' Market. AI- , fred C. Eddy,J140wner; Jim EUbc=:beZ3 arid r't1 t'D bo!�,fo �e meLJ � - 11 __ Linton , Agent"=`{Adjourned , , 4F �' from June 7; 19t3 ?; _ - 8: 30 P. M. Cons'163titxlwn of Fi QJ not Site Plori;: . oval for, a '• ---- --- -- -•– � Q ..�,w proposed faef F ;for the ( Tompkins Counhamber of • Commerce, Vis• . 011, Con- Is vention Bur eouf;.a.pnd,-: Tourists " ' - - ----• ---- - ---- – Information . Cen _ �.°proposed Fu U to be located "rrra'SSppeecal Land ` Y Use District ot:904; 06 910-9121 East Shore Drive,'TbSrn of Itho- ) ca Tax ParcelsAAii`b 8 2-8, - � 9, and - 10. Tb_ ins County j Chamber of .Cdtnrlterce, ,: .... plica t; Down _ Hoscup Ar- - ., . chitects, Desii3 �:�" . Said Planningg --;73aarzf - will of said times andsplace hear all persons in sepport of such ' t matters or objet ct3.thereto. Persons moy -oppear;by agent j I or in person . Jeari ----------httwartwood ±7own Clerk ; Y^ate •- 273- 1221 . June 16, 1988 ' t