HomeMy WebLinkAboutPB Minutes 1992-04-211
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TOWN OF ITHACA PLANNING BOARD
APRIL 21, 1992
The Town of Ithaca Planning Board met
Tuesday, April 21, 1992, in Town Hall,
Ithaca, New York, at 7:30 p.m.
FILED
TOWN OF IIT--HACA
Date4ad&A A
in regular session on
126 East Seneca Street,
PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, James
Baker, Herbert Finch, Virginia Langhans, William Lesser,
Stephen Smith, Floyd Forman (Town Planner), Richard Eiken
(Planner I), John Barney (Town Attorney).
ALSO PRESENT: Attorney Paul Bennett, Cristen Haltom, Menequita
Gonzalez, Robert Milligan, Larry Armour, Robert Alsip,
Les Reizes, Martin J. Levenson, Jim Mayer, John Murray,
Bonnie VanAmburg, Geoffrey Sacco, Yvonne Fogarty.
Chairperson Grigorov declared the meeting duly opened at 7:30
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 April 14, 1992, and April 16, 1992, respectively,
together with the Secretary's Affidavit of Service by Mail of said
Notice upon the various neighbors of each of the properties under
discussion, as appropriate, upon the Clerk of the City of Ithaca,
upon the Tompkins County Commissioner of Planning, upon the Resident
Engineer of the New York State Department of Transportation, upon the
County of Tompkins DPW Buildings and Grounds, and upon the applicants
and /or agents, as appropriate, on April 16, 19920
Chairperson Grigorov read the Fire Exit Regulations to those
assembled, as required by the New York State Department of State,
Office of Fire Prevention and Control.
AGENDA ITEM$ PERSONS TO BE HEARD.
There were no persons present to be heard. Chairperson Grigorov
closed this segment of the meeting.
PUBLIC HEARING. CONSIDERATION OF SUBDIVISION APPROVAL FOR THE
PROPOSED RESUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 6 -57 -1- 8.157,
1.28 + /- ACRES, LOCATED BACKLOT OF 119 AND 121 EASTERN HEIGHTS DRIVE,
RESIDENCE "DISTRICT R -15, INTO THREE (3) LOTS CONSISTING OF 0.44+/ -
ACRES, 0.43 + /- ACRES, AND 0.41 + /- ACRES, RESPECTIVELY, TO CONFORM
WITH THE SUBDIVISION AS ORIGINALLY APPROVED. CRISTEN HALTOM,
OWNER /APPLICANT.
Chairperson Grigorov
declared the
Public Hearing
in the
above -noted matter duly
opened and
read aloud from the
Notice of
Public Hearings as posted
and published
and as noted above.
Attorney Paul Bennett,
Haltom, addressed the Board
originally approved, [see
represented
stating
attached map,
the owner /applicant, Cristen
that when the subdivision was
Exhibit #1] lots 20, 21, and
4
Planning Board -2- April 21, 1992
17 were three separate lots as they were when Ms. Haltom bought the
property back in 1985, and Ms. Haltom also owns lot 16, which is
where Ms. Haltom's residence is located. These were consolidated
into one tax parcel, and the request before the Planning Board is to
allow the, parcels to be re- subdivided as they originally were. Most
of these lots are pretty much unbuildable at this time, but the plan
for lot 21 is to sell it to Mrs. Gonzalez to form a long rear yard
for her property to the northeast and adjoining lot 21. There are no
specific plans for building on this and given the terrain itself, it
may be impossible to build on this particular lot.
Chairperson Grigorov stated that she and Virginia Langhans had
viewed the site prior to this Public Hearing.
Chairperson Grigorov noted that this was a Public Hearing and
asked if anyone else present wished to speak.
Menequita Gonzalez, who resides at 106 Landmark Drive, addressed
the Planning Board stating that it is impossible to build anything on
lot 21. Ms. Gonzalez stated she wished to purchase this land because
of the wildlife there and to leave it as is.
Robert Milligan, who resides at 119 Eastern Heights Drive,
addressed the Planning Board stating that the neighbors surrounding
lots 17, 20, and 21 want to see these lots owned by the neighbors and
not developed.
• There appearing to be no one else from the public who wished to
speak to this matter, Chairperson Grigorov closed the Public Hearing
and brought the matter back to the Board for discussion.
Planning Board Member Robert Kenerson, asked when this area was
originally subdivided. Chairperson Grigorov responded 1965, and
Attorney John Barney stated that these particular lots were
consolidated in 1978.
Attorney Barney asked Ms. Gonzalez if lot 21 is going to be
consolidated with her present lot. Ms. Gonzalez answered yes.
Attorney Barney stated that with all three lots, there may be a
condition that there can never be any more construction.
There appearing to be no further discussion or comments from the
Board, Chairperson Grigorov asked if anyone were prepared to make a
motion.
MOTION by Robert Kenerson, seconded by William Lesser.
WHEREAS:
1. This action
Subdivision
is the
Approval
Consideration of
for the proposed
Preliminary and
subdivision of
Final
Town of
Ithaca Tax
backlot of
Parcel
119 and
No. 6- 57 -1- 8.157,
121 Eastern Heights
1.28 + /- acres,
Drive, Residence
located
District
t
Planning Board
-3-
April 21, 1992
R -15, into three lots comprised of 0.41 + / -, 0.43 + / -, and 0.44+/ -
acres, respectively, to conform with the subdivision as
originally approved, and
2. This is an Unlisted Action for which the Town of Ithaca Planning
Board is legislatively determined to act as Lead Agency in
environmental review with respect to the proposed subdivision
plat, and
39 The Planning Board, at a Public Hearing held on April 21, 1992,
has reviewed and accepted as adequate the Short Environmental
Assessment Form consisting of Part I, as prepared by the
applicant, and Parts II and III as completed by the Town planning
staff, and has reviewed the proposed subdivision plat entitled
"Lands of Cristen Haltom" dated December 4, 1992, prepared by
John S. MacNeill, Jr., P.C., and other application materials, and
4. The Town planning staff has recommended a negative determination
of environmental significance with respect to the proposed
subdivision of 1.28 acres;
NOW, THEREFORE, BE IT RESOLVED.
That the Town of Ithaca Planning Board hereby makes.a
negative determination of environmental significance in
accordance with the New York State Environmental Quality Review
• Act for the above- described action and, therefore, an
Environmental Impact Statement will not be required.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Langhans, Baker, Smith, Finch, Lesser.
Nay - None.
The MOTION was declared to be carried unanimously.
MOTION by Herbert Finch, seconded by James Baker:
WHEREAS.
1. This action is the Consideration of Preliminary and Final
Subdivision Approval for a proposed subdivision of Town of
Ithaca Tax Parcel No. 6 -57 -1- 8.157, 1.28 + /- acres, located
backlot of 119 and 121 Eastern Heights Drive, Residence
District R -15, into three (3) lots comprised of 0.41 + / -,
0.43 + / -, and 0.44 + /- acres, respectively, to conform with
the subdivision as originally approved, and
2. No new construction is
proposed as a part
of this
application,
therefore
no improvements to
the platted cul-
de -sac (Circle
Drive)
are required, and
3. This is
an Unlisted Action
for which the
Town of Ithaca
Planning
Board, acting
as Lead Agency in
environmental
,o
Planning Board -4- April 21, 1992
review, has, on April 21, 1992, made a negative
determination of significance, and
4. The Planning Board, at a Public Hearing held on April 21,
1992, has reviewed the Short Environmental Assessment Form
Part I prepared by the applicant, Parts II and III prepared
by Town planning staff, a proposed subdivision plat entitled
"Lands of Cristen Haltom," dated December 4, 1991, prepared
by John S. MacNeill, Jr., P.C., and other application
materials;
NOW, THEREFORE, BE IT RESOLVED.
16 That the Town of Ithaca Planning Board waive and hereby does
waive certain requirements for Preliminary and Final
Subdivision Approval, as shown on the Preliminary and Final
Subdivision Checklist, having determined from the materials
presented that such waiver will result in neither a
significant alteration of the purpose of subdivision control
nor the policies enunciated or implied by the Town Board.
2. That the Town of Ithaca Planning Board hereby grants
Preliminary and Final Subdivision Approval for the proposed
subdivision of 1.28 + /- acres into three lots of 0.41 + / -,
0.43 + / -, and 0.44 + /- acres, respectively, as shown on plat
• entitled "Lands of Christen Haltom" dated December 4, ,
1991
prepared by John S. MacNeill, Jr., P.C. conditioned upon the
submission of four (4) full _ size prints of the final
subdivision plat, showing the items noted on the Final
Subdivision checklist, and approval of said plat by the Town
Engineer.
3. That with the consent of the applicant, and in view of the
applicant's desire to maintain the lots in a natural state, it
is a condition of this approval that no construction of any
improvements shall be permitted on the lots.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Langhans, Smith, Baker, Finch, Lesser.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Grigorov declared the matter of the consideration of
subdivision approval for the proposed Cristen Haltom resubdivision
duly closed.
PUBLIC HEARING. CONSIDERATION OF SUBDIVISION APPROVAL FOR THE
PROPOSED SUBDIVISION OF APPROXIMATELY 1.11 ACRES FROM TOWN OF ITHACA
TAX PARCEL NO. 6- 25 -2 -41, 1.96 + /- ACRES TOTAL, LOCATED ON THE EAST
• AND WEST SIDES OF TAUGHANNOCK BLVD. (NYS RTE. 89) APPROXIMATELY 3,350
FEET NORTH OF THE CITY /TOWN BOUNDARY, FOR CONSOLIDATION WITH TOWN OF
ITHACA TAX PARCEL NO. 6- 24- 3 -3.2, 102.11 + /- ACRES, LOCATED DIRECTLY
Planning Board
• WEST OF THE
DEVELOPMENT
AGENT.
-5-
SUBJECT PARCEL, RESIDENCE
CORPORATION, OWNER;
April 21, 1992
DISTRICT
R -15.
CAYUGA
CLIFFS
LES
REIZES,
ESQ.,
Chairperson Grigorov declared the Public
above -noted matter duly opened and read aloud from
Public Hearings as posted and published and as noted
Hearing in the
the Notice of
above.
Chairperson Grigorov asked for the record who had been out to the
subject site. Those Planning Board members who had been to the site
were Chairperson Grigorov, William Lesser, Herbert Finch, and
Virginia Langhans.
Les Reizes, Esq., addressed the Board stating that what he would
like to see is to have the Board approve what was suggested for this
subdivision in 1986. At the present time, this lot, which is a lake
front lot, comes across Route 89 (the center line of Route 89) [map
of Cayuga Cliffs Development Corporation attached hereto as Exhibit #
2], goes up to the easterly line of the old railroad right -of -way, or
the NYSEG property, which was proposed to subdivide this lot, and put
in a new lot line which is the center line of Route 89, making this a
.85 acre parcel east of the center line of Route 89. At this time,
the applicants do not contemplate using the lake front lot with the
rest of this acreage on the other side, going up the hill to Route
96, so it would like to do that without selling off the cliff between
Route 89 and the NYSEG right -of -way.
John Barney, Town Attorney, asked Attorney Reizes who the title
owner was for the utility lines. Attorney Reizes responded that
NYSEG was the owner with the exception of one small piece, which
NYSEG sold to Cayuga Cliffs, Inc.
Chairperson Grigorov noted again that this was a Public Hearing
and asked if anyone else present wished to speak. No one spoke.
Chairperson Grigorov closed the Public Hearing and brought the matter
back to the Board for discussion.
Floyd Forman, Town Planner, addressed the Board stating that
everyone thought the 1.11 acres was being attached to the larger
parcel, which we now find out is not the case, and we now have the
lack of depth.
Attorney Reizes stated that if they get a deed from Cayuga
Cliffs, Inc. for this small piece of land and consolidate the smaller
lot with the larger lot this will be fine. This will include Cayuga
Cliffs, Inc. and Cayuga Cliffs Development Corporation.
There appearing to be no further discussion or comments from the
Board, Chairperson Grigorov asked if anyone were prepared to make a
motion.
MOTION by William Lesser, seconded by Herbert Finch:
WHEREAS:
Planning Board -6- April 21, 1992
10 This action is the Consideration of Preliminary and Final
• Subdivision Approval for the proposed subdivision of
approximately 1.11 acres from Town of Ithaca Tax Parcel
No. 6- 25 -2 -41, 1.96 + /- acres total, located on the east
and west sides of Taughannock Blvd. (NYS Rte. 89),
approximately 3,500 feet north of the City /Town boundary, for
consolidation with Town of Ithaca Tax Parcel No. 6- 24- 3 -3.2,
102.11 + /- acres, located directly west of the subject
parcel, Residence District R -15, and
2. This is an unlisted Action for which the Town of Ithaca
Planning Board has been legislatively determined to act as
Lead Agency in environmental review, and
3. The Planning Board, at a Public Hearing held on April 21,
1992, has reviewed and accepted as adequate the Short
Environmental Assessment Form Part I prepared by the
applicant, Parts II and III prepared by the Town planning
staff;, a survey map entitled "Map Showing Lands of Cayuga
Cliffs Development Corporation," dated revised January 20,
1992, prepared by Milton A. Greene, P.L.S., and other
application materials, and
4. The Town planning staff has recommended a negative
determination of environmental significance for the proposed
subdivision and consolidation of approximately 1.11 acres;
NOW, THEREFORE, BE IT RESOLVED.
That the Town of Ithaca Planning Board hereby makes a
negative determination of environmental significance in
accordance`with the requirements of the New York State
Environmental Quality Review Act for the above - described action
and, therefore, an Environmental Impact Statement will not be
required.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Langhans, Baker, Smith, Finch, Lesser.
Nay - None's',
The MOTION was declared to be carried unanimously.
MOTION by Virginia Langhans, seconded by Herbert Finch.
WHEREAS.
1. This action is the Consideration of Subdivision Approval for
a proposed subdivision of approximately 1.11 acres from Town
of Ithaca Tax Parcel No. 6- 25 -2 -41, 1.96 + /- acres total,
located on the east and west sides of Taughannock Blvd. (NYS
Rte. 89), approximately 3,350 feet north of the City /Town
boundary, for consolidation with Town of Ithaca Tax Parcel
No. 6- 24- 3 -3.2, 103.11 + /- acres, located directly west of
•
•
Planning Board
-7-
April 21, 1992
the subject parcel, Residence - District R -15, and
29 This is an Unlisted Action for which the Town of Ithaca
Planning Board, acting as Lead Agency in environmental
review, has, on April 21, 1992, made a negative
determination of significance, and
3. The Planning Board, at a Public Hearing held on April 21,
1992, has reviewed the Short Environmental Assessment Form
prepared by the applicant, Parts II and III prepared by the
Town planning staff, a survey entitled "Map Showing Lands of
Cayuga Cliffs Development Corporation," dated August 26,
1986, revised January 20, 1992, prepared by Milton A.
Greene, P.L.S., and other application materials;
NOW, THEREFORE, BE IT RESOLVED.
1. That the Town of Ithaca Planning Board waive and hereby does
waive certain requirements for Preliminary and Final
Subdivision Approval, as shown on the Preliminary and Final
Subdivision, Checklist, having determined from the materials
presented that such waiver will result in neither a
significant alteration of the purpose of subdivision control
nor the policies enunciated or implied by the Town Board.
2. That the Planning Board hereby grants Preliminary and Final
Subdivision Approval for the proposed subdivision and
consolidation of 1.11 acres as described above and as shown
on a survey entitled "Map Showing Lands of Cayuga Cliffs
Development Corporation," dated August 26, 1986, revised
January 20, 1992, prepared by Milton A. Greene, P.L.S.,
conditioned upon the submission of four (4) full -size prints
of the final subdivision plat, modified as set forth below, to
the Planning Department,
3. That the approval is conditioned upon the following.
a. Applicant obtaining legal title to the small strip of
land shown on the map as being owned by Cayuga Cliffs,
Inc. (the "Cliffs' Property ");
b. A certified copy of the recorded deed to the Cliffs'
Property be submitted to the Town Attorney upon
completion of the recording process;
c. The Cliffs Property and the parcel denominated as
Parcel IIB in the subdivision plat be added to and
consolidated as one parcel with other lands of the
applicant to the west of the NYSEG property;
• d... A revised subdivision plat, showing the foregoing, be
submitted for review by the Town Planner, Town
Planning Board -8- April 21, 1992
Engineer, and Town Attorney before execution by the
Chair of the Planning Board.
There being no further „discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Langhans, Baker, Smith, Finch, Lesser.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Grigorov declared the matter of the Consideration of
Subdivision Approval for the proposed Cayuga Cliffs Development
Corporation subdivision and consolidation duly closed.
PUBLIC HEARING. CONSIDERATION OF SUBDIVISION APPROVAL FOR THE
PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL N0. 6- 24 -5 -11,
9.6 +/- ACRES, LOCATED AT 236 -238 BUNDY ROAD, AGRICULTURAL DISTRICT,
INTO TWO (2) LOTS EACH COMPRISED OF APPROXIMATELY 8.1 ACRES AND 1.5
ACRES, WITH NO NEW CONSTRUCTION PROPOSED. GEOFFREY SACCO,
OWNER /APPLICANT.
Chairperson Grigorov declared the Public Hearing in the
above -noted matter duly opened and read aloud from the Notice of
Public Hearings as posted and published and as noted above.
Mr. Geoffrey Sacco addressed the Board and also introduced Yvonne
• Fogarty who is a tenant in one of the houses and has been working on
the subdivision project with Mr. Sacco, Mr. Sacco asked the Board if
he could put up a map of the subdivision so that the Board would have
a better idea of what Mr. Sacco had in mind.
Mr. Sacco exhibited °the map to show the property lines for the
proposed subdivison of the two lots.' One lot would be comprised of
approximately 8.1 acres and the other lot would be comprised of
approximately 1.5 acres, with no new construction. [The referenced
map is attached hereto as Exhibit # 3]0
Chairperson Grigorov noted again that this was a Public Hearing
and asked if anyone present wished to comment.
There appearing to be on one else from the public who wished to
speak to this matter, Chairperson Grigorov closed the Public Hearing
and brought the matter back to the Board for discusison.
Floyd Forman, Town .Planner, addressed the Board stating that
variances will be necessary.
Yvonne Fogarty stated that the discussion of variances is
scheduled for May 13, 1992, with the Zoning Board of Appeals. Ms.
Fogarty stated she is getting 238 Bundy Road, 8.1 acres, and Mr.
Sacco stated he is getting 236 Bundy Road, 1.5 acres.
•
Planning Board
-9-
April 21, 1992
There appearing to be no further discussion or comments from the
Board, Chairperson Grigorov asked if anyone were prepared to make a
motion.
MOTION by Herbert Finch, seconded by Robert Kenerson:
WHEREAS:
1. This 'action is the Consideration of Preliminary and Final
Subdivision Approval for the proposed subdivision of Town of
Ithaca Tax Parcel No. 6- 24 -5 -11, 9.6 +/- acres, located at
236 -2138 Bundy Road, into two (2) lots of approximately 8.1
and 11.5 acres in size,
2. This is an Unlisted Action for which the Town of Ithaca
Planning Board is legislatively determined to act as Lead
Agency with respect to the proposed subdivision plat, and
3. The Planning Board, at a Public Hearing held on April 21,
1992,: has reviewed and accepted as adequate the Short
Environmental Assessment Form Part I prepared by the
applicant, Parts II and III as completed by the Town
planning staff, and a preliminary subdivision plat entitled
"Prop"osed 2 Lot Subdivision, Geoffrey Sacco," dated November
14, 1988, survey prepared by Howard R. Schlieder, P.E.,
L.S.,' and other application materials, and
• 4. The Town planning staff has recommended a negative
determination of environmental significance -with respect to
the proposed subdivision of 9.6 acres;
NOW, THEREFORE, BE IT RESOLVED:
That the Town of Ithaca Planning Board hereby makes a
negative determination of environmental significance.in
accordance' with the New York State Environmental Quality Review
Act for the above- described action and, therefore, an
Environmental Impact Statement will not be required.
There !being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Langhans, Baker, Smith, Finch, Lesser.
Nay - None.
The MOTION was declared to be carried unanimously.
MOTION by William Lesser, seconded by James Baker:
WHEREAS:
1. This action is the Consideration of Preliminary and Final
• Subdivision Approval for a proposed subdivision of Town of
Ithaca Tax Parcel No. 6- 24 -5 -11, 9.6 +/- acres, located at
236 -2'38 Bundy Road, Agricultural District, into two (2)
dL
Planning Board -10- April 21, 1992
• lots comprised of approximately 8.1 and 1.5 acres,
respectively, and
2. The above - described parcel has two existing residences and
no new construction is proposed, and
3. Lot 2, as proposed, does not meet the requirements of the
Town Zoning Ordinance, Article V, Section 21, for lot width
and side yard, therefore variances from these requirements
by the Zoning Board of Appeals are required, and
4. This is an Unlisted Action for which the Town of Ithaca
Planning Board, acting as Lead Agency in environmental
review, has, on April 21, 1992, made a negative
determination of significance, and
5. The Planning Board, at Public Hearing on April 21, 1992, has
reviewed the Short Environmental Assessment Form Part I
prepared by the applicant, Parts II and III prepared by the
Town planning staff, a proposed subdivision plat entitled
"Proposed 2 Lot Subdivision, Geoffrey Sacco," dated November
14, 1988, survey prepared by Howard R. Schlieder, P.E.,
L.S., and other application materials;
NOW, THEREFORE, BE IT RESOLVED:
10 That the Town of Ithaca Planning Board waive and hereby does
waive certain requirements for Preliminary and Final
Subdivision Approval, as shown on the Preliminary and Final
Subdivision Checklist, having determined from the materials
presented that such waiver will result in neither a
significant alteration of the purpose of subdivision control
nor the policies enunciated or implied by the Town Board,
and
2. That the Planning Board hereby grants Preliminary and Final
Subdivision Approval for the proposed subdivision of 9.6
acres into two lots of approximately 1.5 and 8.1.acres,
respectively, as shown on plat entitled "Proposed 2 Lot
Subdivision, Geoffrey Sacco" dated November 14, 1988, survey
prepared by Howard R. Schlieder, P.E., L.S., subject to the
following conditions:
a. Submission of four (4) copies of a survey map, to be
prepared by a licensed surveyor, showing the items noted
on the Final Subdivision Checklist, and approval of said
survey by the Town Engineer, and
b. Granting of the necessary variances by the Town of
Ithaca Zoning Board of Appeals.
• There being no further discussion, the Chair called for a vote.
Planning Board
-11-
April 21, 1992
Aye - Grigorov, Kenerson, Langhans, Baker, Smith, Finch, Lesser.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson
Grigorov
declared the
matter of
Final
Subdivision
Approval for the
Geoffrey
Sacco Two -Lot
Subdivison
duly closed.
1991, be
APPROVAL OF MINUTES - SEPTEMBER 17, 1991
MOTION by Herbert Finch, seconded by William Lesser.
RESOLVED, that
the
Minutes
of
the Town
of
Ithaca Planning Board
Meeting
of September
17,
hereby are
1991, be
and
as written.
hereby
are
approved as written.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Finch, Langhans, Lesser, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
APPROVAL OF MINUTES - DECEMBER 17, 1991
MOTION by William Lesser, seconded by James Baker:
• RESOLVED, that the Minutes of the Town of Ithaca Planning Board
Meeting of December 17, 1991, be and hereby are approved as written.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Finch, Langhans, Lesser, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
APPROVAL OF MINUTES - JANUARY 7, 1992
MOTION by James Baker, seconded by Stephen Smith.
RESOLVED, that
the
Minutes
of the Town
of Ithaca
Planning Board
Meeting of January 7,
1992,
be and
hereby are
approved
as written.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Finch, Langhans, Lesser, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
NON- AGENDA ITEM
• Chairperson Grigorov asked Board member Virginia Langhans to give
a report on the planning meeting Ms. Langhans had attended. Ms.
Planning Board -12- April 21, 1992
• Langhans stated that the Tompkins County Municipal Planners had
started their second meeting, but they had Scott Chatfield, an
attorney in Syracuse specializing in Planning and Zoning; he is also
on the Board of Directors of the New York Planning Federation.
Attorney Chatfield told the group about a lot of the things
Assemblyman Marty Luster had said may be done in July. Attorney
Chatfield had a lot of information about zoning: about clarifying
area variances, interpretations of the area and use variances and
hardship, which may actually deprive all economic use or benefit
before something is approved. Attorney Chatfield talked about the
Planning Training Act where local governments can make it mandatory
that everyone on a board have training and then be tested. Ms.
Langhans found Attorney Chatfield's comments very interesting and Ms.
Langhans stated she thought Attorney Chatfield specializes in zoning
and planning court cases. Attorney Chatfield talked about the Stream
Classification Act, including intermittent streams. He talked about
variances and how time limits can now be set on conditions and he
talked about clustering and benefits to communities. He also had a
lot of questions from those that were at the meeting.
Ms. Langhans
said that George
Totman stated that he had
sent the
notice of the
meeting to
every
Planner in the County,
there were
twelve of'us there:
two from
the
County Planning Board,
one from
Cayuga Heights,
Lansing,
Groton,
Enfield, Newfield, Town
of Ithaca.
Mr. Totman sent
out a flyer
asking
when do you want to
meet, how
frequently do
you want to
meet,
and things like that. Ms.
Langhans
• stated that she put down quarterly. Some of the Towns that do not
have professional planners on their staff would be more interested in
something like this, but most that attended the meeting were also on
a County Planning Board, like herself.
•
Town Attorney Barney stated that he did
not get any
notice and
was surprised. There was
one meeting at NYSEG
with Jim Coon
that was
quite good and there
was a fair turnout.
Ms. Langhans
stated to
Attorney Barney that this
was talked about at
the County
Planning
Board that all the planning
things came at
once, and the
ones that
were scheduled for Groton,
that Ms. Langhans had
signed up
for, had
been cancelled because
there had been one at
NYSEG before,
and then
Cornell had three nights
of planning also. It
just all
seemed to
happen within three to
four weeks where there
were three
or four
different planning groups,
and, if you made one,
you were doing
well;
they
were all
worthwhile.
PUBLIC HEARING: CONSIDERATION OF SITE PLAN APPROVAL AND
RECOMMENDATION TO THE ZONING BOARD OF APPEALS FOR THE RENOVATION OF
AN EXISTING RETAIL SPACE AT EAST HILL PLAZA TO ACCOMMODATE A PROPOSED
CARRY -OUT AND DELIVERY PIZZA OPERATION (LITTLE CAESARS). PROJECT IS
LOCATED IN THE EXISTING SHOPPING PLAZA AT JUDD FALLS ROAD AND ELLIS
HOLLOW ROAD, TOWN OF ITHACA TAX PARCEL NO, 6 -62 -2- 1.121, BUSINESS "C"
DISTRICT. CORNELL UNIVERSITY, OWNER; KILA PIZZA COMPANY, INC.,
APPLICANT.
0
Planning Board
-13-
Chairperson Grigorov declared
above -noted matter duly opened and read
Public Hearings as posted and published
April 21, 1992
the Public Hearing in the
aloud from the Notice of
and as noted above.
Mr. Larry Armour, owner of the Kila Pizza
Board stating his company would like to o
Carry -out Pizza Shop in the East Hill Plaza.
other locations, three of which are in New York
area and one location in Pennsylvania that is
now, so this would be their fifth location.
Company, addressed the
pen a Little Caesars
Their company has four
in the Elmira- Corning
currently in operation
Chairperson Grigorov noted that this was a Public Hearing and
asked if anyone present wished to speak. No one spoke. Chairperson
Grigorov closed the Public Hearing and brought the matter back to the
Board for'discussion.
Floyd Forman, Town Planner, stated that the Board is to
understand that this is not just carry -out but delivery as well to
Cornell University. Mr. Armour stated to Mr. Forman that when they
originally looked at the site, delivery was a high priority because
of the University. Little Caesars sent Mr. Armour a letter basically
saying that if he wants to put in delivery, Mr. Armour would have to
go through another application process. Mr. Armour stated that there
will be no delivery in that location at this point. All customers
will have to come directly to the location. If Mr. Armour ever
wanted to "put delivery in, he would have to apply separately to
• Little Caesars to get their approval.
Attorney Barney asked Mr. Armour what was being done about
renovations. Mr. Armour stated that just a small amount of
electrical work, new floor and ceiling tile that meets Health
Department regulations and a small amount of plumbing for their
sinks. The ovens are conveyorized ovens which are self- contained
ovens; they work like gas ovens; they have a conveyor belt where you
put the pizzas on on one end and they come out the other end, cooked
from top and bottom. These ovens are vented through the roof with
hoods. ' Mr. Armour also stated he had already received approval from
the Health Department and the Bolton Point Water Plant,
Attorney Barney asked if there would be an area for sitting down
or strictly a walk -in. Mr. Armour stated that there is no eating
inside their locations there will be benches there for people who
walk in, for example, as they are going to the P &C and they will walk
in and order a pizza, and maybe they will sit down on a bench by the
windows or they will go over to P &C and buy something and then come
back and pick up their pizza ten minutes later, but no eating will be
allowed in the store at all. Other articles that can be bought are
pop, salads, crazy bread and some small sandwiches as well.
Virginia Langhans stated she was glad there was not going to be
delivery service because she had been by Dominos when she saw kids
• come zooming in and the East Hill Plaza has a lot of foot traffic
back and forth. Mr. Armour stated that this is one reason why Little
Caesars did not want to get involved with delivery service because it
Planning Board
is a very
neighborhood.
at Cornell
the dorms; tr
really a pa
doing.
Virginia
odors. Mr.
-14-
April 21, 1992
difficult thing to do; it can be disruptive to a
Mr. Armour stated that he had also talked with people
and they do not allow pizza guys to go running around in
ey have to ring doorbells and wait downstairs, so it is
in and Mr. Armour decided delivery service is not worth
Langhans
Armour
company uses a canopy
out the air, but you
There appearing
asked if anyone were
asked Mr. Armour about the venting of the
stated that there really are not any odors. The
hood that hangs down over the oven and it takes
do not smell anything.
to be no further discussion, Chairperson Grigorov
prepared to offer a motion.
MOTION by William Lesser, seconded by Herbert Finch.
WHEREAS:
1. This action involves the Consideration of Site Plan Approval
and Recommendation to the Zoning Board of Appeals for the
proposed renovation of an existing retail space in the East
Hill Plaza Shopping Center for a proposed carry -out pizza
establishment, located in the existing shopping plaza at
Judd Falls Road and Ellis Hollow Road, Town of Ithaca Tax
Parcel No. 6 -62 -2- 1.121, Business District "C," and
2. This is an Unlisted Action for which the Town of Ithaca
Planning Board is legislatively determined to act as Lead
Agency in environmental review with respect to the proposed
site plan, and
3. The Planning Board, at a Public Hearing held on April 21,
1992, has reviewed and accepted as adequate the Short
Environmental Assessment Form Part I prepared by the
applicant, Parts II and III prepared by the Town planning
staff, and a portion of a previously- approved site plan
entitled "East Hill Plaza," dated December 18, 1980, revised
through April 24, 1986, prepared by Stewart Knowlton, and
other application materials;
NOW, THEREFORE, BE IT RESOLVED:
That the Town of Ithaca Planning Board hereby makes a
negative determination of environmental significance in
accordance with the New York State Environmental Quality Review
Act for the above - described site plan and, therefore, an
Environmental Impact Statement will not be required for the site
plan, and recommends a negative determination of environmental
significance as to the Special Approval.
• There being no further discussion, the Chair called for a vote.
Planning Board
-15-
April 21, 1992
• Aye - Grigorov, Kenerson, Langhans, Baker, Smith, Finch, Lesser.
Nay - None.
The MOTION was declared to be carried unanimously.
MOTION by Virginia Langhans, seconded by James Baker.
WHEREAS:
1. This action is the Consideration of Preliminary and Final
Site Plan Approval and Recommendation to the Zoning Board of
Appeals for the renovation of an exisiting retail space at
East Hill Plaza to accommodate a proposed carry -out pizza
establishment, located in the existing shopping plaza at
Judd Falls Road and Ellis Hollow Road, Town of Ithaca Tax
Parcel No. 6 -62 -2- 1.121, Business "C" District, and
2. This is an Unlisted Action for which the Town of Ithaca
Planning Board, acting as Lead Agency in environmental
review, has, on April 21, 1992, made a negative
determination of significance, and
3. The Planning Board, at a Public Hearing held on April 21,
1992, has reviewed the Short Environmental Assessment Form
Part'I prepared by the applicant, Parts II and III prepared
by Town planning staff, a portion of a previously- approved
site plan entitled "East Hill Plaza," dated December 18,
1980, revised through April 24, 1986, prepared by Stewart
Knowlton, and other application materials, and
4. The proposed use, which is to be located in a Business "C"
District, is required to receive Special Approval by the
Town of Ithaca Zoning Board of Appeals, as outlined in
Article VII, Section 32 of the Town Zoning Ordinance;
NOW, THEREFORE, BE IT RESOLVED:
1. That
the
Town of Ithaca
Planning Board hereby recommends
that
the
Zoning Board of
Appeals issue a Special Approval
for
the
above - described
use, and
2. That the Town of Ithaca Planning Board hereby grants
Preliminary and Final Site Plan Approval to Little Caesars
Pizza as shown on a portion of a previously- approved site
plan entitled "East Hill Plaza," dated December 18, 1980,
revised through April 24, 1986, prepared by Stewart
Knowlton,, subject to the granting of Special Approval by the
Zoning Board of Appeals.
3. That this approval is conditioned upon there being no off-
• site delivery of product by the store operator.
There being no further discussion, the Chair called for a vote.
•
•
•
Planning Board -16- April 21, 1992
Aye - Grigorov, Kenerson, Langhans, Baker, Smith, Finch, Lesser.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Grigorov declared the matter of the Consideration of
Site Plan„ Approval and Recommendation to the Zoning Board of Appeals
for the renovation of an existing retail space at East Hill Plaza to
accommodate a proposed pizza operation (Little Caesars) duly closed.
NON AGENDA ITEM: There was much discussion about the number of
agenda items among the Board members.
AGENDA ITEM: REPORT OF THE TOWN PLANNER.
Town
Planner Floyd
Forman stated
that he
received the GEIS
from
Cornell
University.
It had not
been
formally submitted
to the
Planning
Board and would
not be submitted
to the Planning
Board
members
for about a
month. Town
Engineer
Dan Walker and Mr.
Forman
will be
taking a look at
the report
for review
purposes. The
report
came in
three volumes.
Mr. Forman
stated
that all the Board members
would receive
copies of
the reports.
ADJOURNMENT
Upon Motion, Chairperson Grigorov declared the April 21, 1992,
Meeting of the Town of Ithaca Planning Board duly adjourned at 9:30
p.m.
Respectfully submitted,
Wilma J. Hornback, Recording Secretary,
Nancy M. Fuller, Secretary,
Town of Ithaca Planning Board.
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