HomeMy WebLinkAboutPB Minutes 1993-08-03TOWN OF ITHACA PLANNING BOARD
AUGUST 3, 1993
The Town of Ithaca Planning Board met in regular session on
Tuesday, August 3, 1993, in Town Hall, 126 East Seneca Street,
Ithaca, New York, at 7:34 p.m.
PRESENT: Chairperson Grigorov, Robert Kenerson, Virginia Langhans,
James Ainslie, Stephen Smith, Herbert Finch, Candace
Cornell, Dan Walker (Town Engineer), Floyd Forman (Town
Planner), George Frantz (Assistant Town Planner), Louise
Raimondo (Planner I), John Barney (Town Attorney).
ALSO PRESENT: Ephraim Tomlinson III, David St. George, Donna
Goss, Tammo Steenhuis, Ephraim Tomlinson (Mark),
Paul Jacobs, Joseph Ciaschi, William Albern,
Benjamin Minteer.
Chairperson Grigorov declared the meeting duly opened at 7 :34
p.m. and accepted for the record the Clerk's Affidavit of Posting
and Publication of the Notice of Public Hearings in Town Hall and
the Ithaca Journal on July 26, 1993, and July 29, 1993,
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 Clerks of the
City of Ithaca and the Town of Ithaca, upon the Tompkins County
Assessment Department, upon the Tompkins County Commissioner of
Planning, upon the Cortland /Tompkins County NYS Department of
Transportation, and upon the Tompkins County Commissioner of the
Department of Public works, and upon the applicants and /or agents,
as appropriate, on July 28, 19936
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.
Chairperson Grigorov asked if there was anyone present that
wished to address the Board regarding anything that was not listed
on the agenda for this meeting. No one spoke. Chairperson
Grigorov closed this portion of the meeting.
PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL
SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA
TAX PARCELS NO. 31 -4 -1, 31 -5 -1, 31- 6 -1.2, 83.22 + /- ACRES TOTAL,
INTO FOUR LOTS, 10.2211 8.685, 8.578, AND 55.74 ACRES RESPECTIVELY,
LOCATED ON BOTH SIDES OF BOSTWICK ROAD AT SEVEN MILE DRIVE,
RESIDENCE DISTRICT R -30. EPHRAIM TOMLINSON III, OWNER /APPLICANT.
Chairperson Grigorov declared the Public Hearing in the above -
noted matter duly opened at 7:38 p.m. and read aloud form the
Notice of Public Hearings as posted and published and as noted
above.
Town of Ithaca Planning Board August 3, 1993
Ephraim Tomlinson addressed the Board stating that the
property was purchased in 1963 by his father and himself. In
December of 1992 his father deeded over his share to Mr. Tomlinson
and his two sons, Ephraim Mark and David. Mr. Tomlinson stated
that the would like to separate off parcels B and C for David and
Mark. Parcel B includes the tenant house from the original farm
and Mark intends to renovate and occupy that house, the remaining
9 acres would be for small agricultural purposes, pick your own or
something similar. Parcel C would be David's parcel and Parcel B
would be for Mark, neither of the parcels are intended for any
future subdivision. Parcel C would eventually have a single - family
house in the distant future. The impetus for the application is
Parcel A, the house and the outbuildings have been operated by Jean
Tomlinson as a bed and breakfast since 1983, but that has proven
not to be financially viable, so it was closed on May 31, 19939
There is a contract to sell the house and the surrounding 10.2
acres to Mr. & Mrs. Steenhuis who intend to occupy the house as a
residence with their nine children. The Steenhuis' requested that
Mr. Tomlinson convey a total of ten acres which would include the
two corner lots across Bostwick Road, on the corner of Seven Mile
Drive on both the East and West side of Seven Mile Drive for visual
protection of Parcel A. In the contract with the Steenhuis', there
has been a clause added that restricts them from reselling the two
smaller parcels for a period of time.
Assistant Town
Planner George
Frantz addressed
the Board
stating that Parcels
E, F, G, H, and
I are actually all
one parcel
of approximately 55
acres. Parcel D
has been previously
conveyed
to Jonathan Meigs in
1988.
Board member James
Ainslie asked Mr. Tomlinson
where the
tenant
house was located.
Mr. Tomlinson
responded that
it was located on
Culver Road,
and
is show
on the
public
plat.
(Hereto
attached
speak.
as exhibit
A)
Chairperson
Grigorov
stated
that this
was a Public Hearing and
asked if anyone
from the
public
wished
to
speak.
David St. George addressed the Board, stating that he lived on
Culver Road adjoining Parcel B near the tenant house and he was
concerned about the visual impact of development on that parcel.
In speaking with Mark, he is satisfied with his concerns that they
are not intending to subdivide the lots which would have been his
main. concern.
Board member James Ainslie asked if water would be put in on
Culver Road.
Town Engineer Dan Walker responded that there were no plans
2
Town of Ithaca Planning Board
for water at this time.
August 3, 1993
Chairperson Grigorov asked if there was anyone else that
wished to speak. No one spoke. Chairperson Grigorov closed the
Public Hearing and brought it back to the Board for discussion.
Board member Candace Cornell asked George Frantz to explain
the proposed set aside.
Assistant Town
Planner
George Frantz stated that there would
be a park and open
space
set
aside in Parcel I, for several
reasons; One reason
is because
the
historical evidence points to
that area of the parcel as
being
part of the original town site,
another reason is
because
the
site has dimensions that are
relatively flat, which allows
for development for an active
athletic type of activities
park,
and it is across from bus garage
and department of
public
works
which from a residential use
standpoint, is less
desirable.
Board member Virginia Langhans stated that there is a wet area
on the lower section of Parcel I.
Candace Cornell asked if approval of this subdivision would
grant approvals toward any future plans.
Chairperson Grigorov responded that the Board is approving
only what is on the Subdivision Map.
Mr. Tomlinson stated that T.G. Millers is working on a formal
survey with a goal to turn the completed formal survey in sometime
in October.
Board member James Ainslie asked if the subdivision would
change the use of the land.
Mr. Tomlinson responded that the approval he is seeking
tonight would not change the use of the land, but there would be
homes built at some point in the future.
Board member Stephen Smith asked if the Board was doing a
Final Subdivision before the final survey /map is completed.
Assistant Town Planner George Frantz responded yes.
There
appearing to
be
no
further discussion, the Chair asked
if
anyone
were prepared
to
offer
a motion.
MOTION by Candace Cornell, seconded by Virginia Langhans:
WHEREAS:
K3
Town of Ithaca Planning Board
August 3, 1993
1. This action is the Consideration of Preliminary and Final
Subdivision Approval for the proposed subdivision of Town of
Ithaca Tax Parcels No. 31 -4 -1, 31 -5 -1, 31- 6 -1.2, 83.22+/ -
acres total, into four lots, 10.221, 8.685, 8.578, and 55.74
acres respectively, located on both sides of Bostwick Road at
Seven Mile Drive, Residence District R -30. Ephraim Tomlinson
III, Owner /Applicant, 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 Subdivision
Approval, and
3. The Planning Board, at a Public Hearing held on August 3,
1993, has reviewed and accepted as adequate the Short
Environmental Assessment Form Part I prepared by the
applicant, a Part II prepared by the Town planning staff, a
subdivision plat entitled "Preliminary Subdivision Showing
Parcels to be Conveyed by Tomlinson: Bostwick Road, Culver
Road, & Seven Mile Drive, Town of Ithaca, Tompkins County, New
York" prepared by T.G. Miller P.C., Engineers and Surveyors,
and dated June 21, 1993, and other application materials, and
49 The Town planning staff has recommended a negative
determination of environmental significance with respect to
the proposed action, as proposed;
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
reference action as proposed and, therefore, an Environmental
Impact Statement will not be required.
There appearing to be no further discussion, the Chair called
for a vote.
Aye - Grigorov, Kenerson, Langhans, Ainslie, Smith, Finch, Cornell.
Nay - None.
The MOTION was declared to be carried unanimously.
MOTION by Herbert Finch,
WHEREAS.
seconded by James Ainslie.
1. This action
is the
Consideration
of
Preliminary
and Final
Subdivision
Approval
for
the proposed
subdivision
of Town of
2
Town of Ithaca Planning Board
August 3, 1993
Ithaca Tax Parcels No. 31 -4 -11 31 -5 -1, 31- 6 -1.2, 83.22+/ -
acres total, into four lots, 10.221, 8.685, 8.578, and 55.74
acres respectively, located on both sides of Bostwick Road at
Seven Mile Drive, Residence District R -30. Ephraim Tomlinson
III, Owner /Applicant, and
2. The Planning Board, at a Public Hearing held on August 3,
1993, has reviewed and accepted as adequate the Short
Environmental Assessment Form Part I prepared by the
applicant, a Part II prepared by the Town planning staff, a
subdivision plat entitled "Preliminary Subdivision Showing
Parcels to be Conveyed by Tomlinson. Bostwick Road, Culver
Road, & Seven Mile Drive, Town of Ithaca, Tompkins County, New
York" prepared by T.G. Miller P.C., Engineers and Surveyors,
and dated June 21, 1993, and other application materials, and
3. This is an Unlisted Action for which the Town of Ithaca
Planning Board, acting as Lead Agency in environmental review,
has, on August 3, 1993, made a negative determination of
significance, and
4. The proposed
the property
of land to
purposes, as
Subdivision,
III and date(
subdivision is the first phase for subdivision of
owned by the applicant, including the dedication
the Town of Ithaca for park and open space
shown on the drawing entitled "Glendale Farm
Preliminary Sketch By Owner" by Ephraim Tomlinson
i May 28, 19930
NOW, THEREFORE, BE IT RESOLVED:
10 That the Town of Ithaca Planning Board hereby waives certain
requirements for Final Subdivision Approval, as shown on the
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 of Town of
Ithaca Tax Parcels No. 31 -4 -1, 31 -5 -1, 31- 6 -1.2, 83.22+/ -
acres total, into four lots, 10.221, 8.685, 8.578, and 55.74
acres respectively, as shown on the subdivision plat entitled
"Preliminary Subdivision Showing Parcels to be Conveyed by
Tomlinson: Bostwick Road, Culver Road, & Seven Mile Drive,
Town of Ithaca, Tompkins County, New York" prepared by T.G.
Miller P . C . , Engineers and Surveyors , and dated June 21, 1993,
conditioned upon the following.
a. Approval by the Tompkins County Department of Health of
any necessary onsite water and septic disposal facilities
5
Town of Ithaca Planning Board
August 3, 1993
prior to the issuance of any building permit;
b. Revision of the plat show reference to any separate
instruments, including restrictive covenants, which
directly affect the land in the subdivision;
c. Submission of an original or mylar of the plat to be
recorded, and four dark line prints, for signing by the
Planning Board Chairperson;
d. Submission
to
and approval by the
Town Attorney prior
to
filing
of
the
approved plat of an
agreement pursuant
to
which the Applicant agrees that in exchange for not
requiring any dedicated open space for the present
subdivision, the acreage in the present subdivision may
be added to the 55.74 + /- acres labelled on the plat as
"To Be Retained By Ephraim Tomlinson III ", making an
approximate total of 83.22 acres, for purpose of
determining the required set aside for open space in
connection with any future subdivision of the 55.74+/ -
acres, as shown on the map entitled "Glendale Farm
Subdivision, Preliminary Sketch By Owner" by Ephraim
Tomlinson III and dated May 28, 19930
There being no further discussion, the Chair called for a
vote.
Aye - Grigorov, Kenerson, Langhans, Ainslie, Smith, Finch, Cornell.
Nay - None.
The MOTION was declared to be carried unanimously.
Board member Candace Cornell asked what the restrictive
covenant on the land was.
Mr. Tomlinson stated that there is a restrictive covenant that
will be added to all parcels that he conveys that would state that
the use of that land shall be as defined in the Town of Ithaca
Zoning Regulations effective on January 27, 1993. The purpose of
that is to protect the use of the land regardless of the changes in
the Zoning in the future. Parcels B and C, there will be no
subdivision application for the foreseeable future.
Ms. Cornell then asked why there was not a provision that
would require dedicated open space.
Assistant Town Planner George Frantz
subdivision occurs, there would be no need
location.
responded that if no
for a town park in that
11
Town. of Ithaca Planning Board
August 31 1993
Town Attorney John Barney stated that in regards to the
restrictive covenant, he felt that there should be a specific time
limit applied, such as 30 years.
Mr. Tomlinson stated that as of this date, there is no time
limit, but one could be written in.
Board member Candace Cornell asked John Barney how difficult
it would be to break a covenant in court.
Town Attorney John Barney responded that it would be a pain in
the neck. One can be broken if you show a radical change in
circumstances from those that were in place at the time the
covenants were put there, but it is very difficult.
Ms. Cornell
stated that
in
terms of land use due to
substantial change,
it could be
easy
to prove.
Attorney Barney responded that Land use as far as the Town is
concerned should be embodied in the Zoning Ordinance rather than
put a restrictive covenant, Zoning Ordinances are susceptible to
change but a restrictive covenant would not be.
There
appearing to
be
no
further discussion, the Chair closed
the
Public
Hearing at
8:09
p.m.
PUBLIC HEARING. CONSIDERATION OF PRELIMINARY AND FINAL SITE
PLAN APPROVAL FOR MULTIPLE RESIDENCES, OFFICES AND A CATERING
SERVICE AND FUNCTION HALL AND FURTHER, A RECOMMENDATION TO THE
ZONING BOARD OF APPEALS FOR APPROVAL OF A SCHOOL IN TOWN OF ITHACA
SPECIAL LAND USE DISTRICT NO. 4, TAX PARCEL NO. 24 -3 -3.4 AND 24 -3-
3.5, 10.2 + /- ACRES. PROPERTY IS THE FORMER CORNELL UNIVERSITY
STATLER WEST COMPLEX LOCATED AT 1251 TRUMANSBURG ROAD. JOSEPH
CIASCHI, OWNER /APPLICANT.
Chairperson Grigorov declared the Public Hearing in the above -
noted matter duly opened at 8:10 p.m. and read aloud from the
Notice of Public Hearings as posted and published and as noted
above.
Town Planner Floyd Forman addressed the Board stating that
since the last Planning Board meeting, the Town Board approved a
change to the Special Land Use District No. 4 which encompasses
both of the parcels the Mayer School and Broome Developmental
Center. (Exhibit #1) What was previously allowed was two multi-
family and now seven are allowed; businesses and professional
offices and an art gallery, which are both still allowed; now what
is allowed is on- premise and off - premise catering and on- premise
functions with limited hours and certain limitations for music,
etc, which are discussed on Page 1 and Page 2 of the local law.
7
Town of Ithaca Planning Board August 3, 1993
Mr. Ciaschi appe<
is proposing for
landscaping that
massage. The Pl
will be making a
special approval
fired before the board to describe the uses that he
his site plan; changes to parking, drainage, and
will affect the site, and also adding a school of
anning Board, in addition to site plan approval,
recommendation to the Zoning Board of Appeals for
for the massage school.
Joseph Ciaschi addressed the Board stating that his plans for
the site were as follows. On the 3RD floor he proposes four
apartments, one bedroom, one studio, and two, two bedroom
apartments; On the 2ND floor he proposes five office suites. 1ST
Floor he proposes that 80 -85% would be taken up by the New York
State School of Massage, and two small office suites; and all of
the lower level would be occupied by the on- premise catering, if
approved. If approved for off premises catering the caterers would
take the kitchen and then Mr. Ciaschi would rent the remainder of
the lower level as office space.
Town Planner Floyd Forman stated that Cayuga Cliffs would like
to move the Right of Way to the other side of Mr. Ciaschi's site,
on or near Cornell University's property.
Board member
James
Ainslie
how
stated that it would be close to
the off ramp that
goes
into
the
hospital.
Board member Robert Kenerson asked if Mr. Ciaschi considered
exits to Trumansburg Road.
Board
member
James Ainslie asked
how
much potential traffic
there would
be to
and from Cayuga Cliffs
if
developed.
Town Planner Floyd Forman stated that there would be
approximately 1,100 trips per day.
Mr. Ciaschi stated that some of the surrounding land owners
would need to share some of the maintenance expenses, because he
pays to light the whole property, to plow the property, and he felt
that in the future someone should share in the cost of maintaining
the property.
Board member Stephen Smith stated that there was some concern
as to whether the turn around access at the loading dock was
adequate.
Mr. Ciaschi stated that he did not believe that there would be
a problem there.
Chairperson Carolyn Grigorov asked if the elevator was
A
Town of Ithaca Planning Board
handicapped accessible.
Mr. Ciaschi responded that it
handicapped code and that he would be
that, because it would be impossible
there. A wheelchair could get into the
would not be able to turn around inside
August 3, 1993
is not currently up to
asking for a variance for
to put a larger elevator
elevator easily, but they
the elevator.
Town Engineer Dan Walker stated that the water supply system
and the sprinkler system needed to be seen.
Mr.
Ciaschi
responded that there
work has been done to the
sprinkler
system
for three weeks. The
workers have flushed all of
the
lines
out and
put new heads on the
sprinklers.
Mr. Walker stated that there needed to be a metering set up
installed.
Mr. Ciaschi stated that in the six months that he had been
there, he spent $10,000.00 on water and sewer, because he covers
the expense of everyone sharing those facilities.
Board member James Ainslie asked Mr. Ciaschi if he were
required to have a sprinkler system in the building.
Mr. Ciaschi responded that there is currently a system there,
but it needed to be updated.
Town Engineer Dan Walker stated that since occupancy has
changed, the sprinkler system needed to be changed.
Assistant Town Planner George Frantz asked if the land was
owned by Cornell University or Paleontological Research Institute.
Mr. Ciaschi responded that he felt that it belonged to Cornell
University.
Donna Goss stated that she had looked it up and that it was
owned by Cornell University.
Board member Virginia Langhans asked if Cornell University
owned the land and if the institute owned the building.
Donna Goss responded that she did not know who owned the
building, that she had looked in the tax book and the parcel is
owned by Cornell University.
Planner I, Louise Raimondo addressed the Board stating that
01
Town of Ithaca Planning Board August 3, 1993
Mr. Ciaschi needed to add more detail on the Final Site Plan. The
concerns were that there was not enough parking spaces provided for
all of the uses that are being proposed. Parking justification was
received from Thomas Associates and Mr. Ciaschi, which outlined how
much parking would be needed from the various proposed uses, and it
looked as though there would be enough parking for the weekday uses
as shown, but if any additional events such as catering events were
to be held during the week, there may be difficulty finding parking
spaces. If events were to be held only on weekends then there
would be ample parking because the weekday users would not be using
the parking spaces. Currently there are no restrictions in the
local law that limits events to the weekends. The Board may want
to consider adding that limitation to the resolution as a condition
of approval, to be sure there would be enough parking spaces.
Board member Virginia Langhans stated that the condition would
be if on site catering was granted.
Louise Raimondo responded that Ms. Langhans was correct.
Mr. Ciaschi stated that he felt that Fred Thomas calculated
the parking needed by measuring the gross square foot.
Town Planner Floyd Forman stated that for the office it was
simple to figure the number of spaces that should be needed, but
for the catering it would be calculated differently.
Mr. Ciaschi stated that this is not a new building, that is
actually a very old building in which almost half of the square
footage is wasted space (not rentable space), so he felt that the
way the number of parking spaces is needed should not be calculated
by the gross number of square feet of space in the building.
Ms. Raimondo responded that these figures were calculated by
his people.
Mr. Ciaschi stated that that was correct because that was how
the Town wanted it to be figured.
Ms. Raimondo stated that it was not broken down into square
footage only, but that there was other information used to
calculate the number of spaces needed. For instance, the school of
massage is calculated by the number of teachers and students that
would be there, for Broome Developmental Center, it is how many
employees there are and how many spaces they are currently using,
and for the office and catering, square footage had to be used
because that is all there is to go on at this point.
Mr. Ciaschi stated
that
he would
hate
to
put all of
the
additional parking spaces
in
there and
it not
be
used, he likes
�i7
Town of Ithaca Planning Board
August 3, 1993
green space. If he needed additional parking he would certainly
add more, but he would rather see that it is a necessity, instead
of assume that it could be necessary at some point in the future.
Ms. Raimondo stated that Mr. Ciaschi suggested that he was
going to put the front section of parking spaces in, which would be
59 additional parking spaces in the front, plus the 25 to 28 spaces
on the northern lot, and then if the building was filled and the
catering function was approved, Mr. Ciaschi would go to the next
phase and build the additional parking spaces as needed.
Mr. Ciaschi responded, "Exactly."
Board member Virginia Langhans asked Ms. Raimondo how many
spaces she felt were needed.
Ms. Raimondo responded that 122 spaces were needed, the map
shows only 115 spaces provided, if on site catering was on the
weekends only.
Town Planner Floyd
Forman stated that
the Board needed
to
understand that part of
the reason that the
Board
is discussing
the site.
this is because the Town
Board gave Mr. Ciaschi a
maximum of
150
people. If functions are held at the same
time the
building
is
occupied during the week,
there would not be
enough
parking spaces
available. Most of Mr.
Ciaschi's functions
would
be held on
the
weekends and it would work out well.
Mr. Ciaschi stated that he looks at the functions held during
the week and if he can still get the catering service that the
space may be used two or three times a year during the week, he
would be glad to put the parking in, but would prefer to see that
it is absolutely necessary first.
Ms.
Raimondo
asked
Mr. Ciaschi where he would put a 50 space
parking
lot
in on
the site.
Mr. Ciaschi responded that he would have them placed in the
back, where there is a lot of room, right next to the storage
garage. Mr. Ciaschi stated that with the limitations that Town
Board has placed on him, from lam to 7pm; maybe the caterer does do
lunch, he would try not to rule that out, maybe there would be a
limit on that also, but if parking is needed and he can get this
caterer then he would put that parking in.
Town Planner Floyd Forman stated that instead of looking at
the position of needing an additional parking lot, maybe it could
be approached as overflow for the few occasions that functions
occur during the year.
11
Town of Ithaca Planning Board
August 3, 1993
Board member William Lesser stated that they could park in a
grassy area for only a few events per year instead of constructing
a parking lot.
Mr. Ciaschi stated that it is handled like that in a lot of
places.
Board member Stephen Smith stated that overflow parking would
not make it to Route 96.
Board member Robert Kenerson asked how realistic it would be
to plan for just weekend events.
Mr. Ciaschi stated that the best time for a caterer is the
weekends.
Town Attorney John Barney suggested that the Board could amend
the site plan to show an area for the overflow parking with
conditions limiting the number of functions allowed in the daytime,
unless Mr. Ciaschi elects to put in parking.
Board member Robert Kenerson asked if there was any
justification for the time limitations.
Town Attorney John Barney responded that because of the noise.
Town Planner Floyd Forman stated that the land and building is
owned by the Paleontological Society according to the assessment
books. Mr. Forman asked if it were appropriate to add a condition
of approval and area to be approved by the Town Engineer and Town
Planner for overflow parking.
Town Engineer Dan Walker stated
that
he felt there
was an
area
that would already work, because
the
area around
the garage
structure in Exhibit #1 was used for outdoor functions
by the
Odd
Fellows, and when he walked over
that
it seemed very
hard
and
fairly level so there is room for 30
to 40
cars and in front
of
the
other area, they could have an additional
50 cars even if
he double
and triple park them. The area was
delineated as space
to be
kept
as "Overflow
parking
".
Town Planner Floyd Forman stated that the only negative to
that, is that in the winter time in terms of plowing it off.
Town Attorney John Barney
have to plow the snow off when
make it necessary,
stated that Mr. Ciaschi would only
there would be a function that would
Chairperson Grigorov asked if there was anyone from the public
12
Town of Ithaca Planning Board
August 3, 1993
who wished to speak. No one spoke. Chairperson Grigorov closed
the Public Hearing and brought the matter back to the Board for
further discussion.
There
appearing to
be
no
further
discussion, the Chair asked
if anyone
were prepared
to
offer
a motion.
MOTION by Robert Kenerson,
WHEREAS:
seconded by Herbert Finch:
10 This action is the Consideration of Preliminary and Final Site
Plan Approval, and a Recommendation to the Zoning Board of
Appeals, for multiple residences, offices, and a catering
service and function hall and further, a Recommendation to the
Zoning Board of Appeals for approval of a school in Town of
Ithaca Special Land Use District No. 4, Tax Parcel No. 24 -3-
3.4 and 24- 3 -3.5, 1092 +/- acres. Property is the former
Cornell University Statler West Complex, most recently used as
the Mayer School, located at 1251 Trumansburg Road, 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 Site Plan
Approval, and
3. The Planning Board, at a Public Hearing held on August 3,
1993, has reviewed and accepted as adequate the Short
Environmental Assessment Form Part I prepared by the
applicant, a Part II prepared by the Town Planner, and a site
plan entitled "Renovations to the Former Odd Fellows Building,
Ithaca, New York," prepared by Thomas Associates,
and Engineers PC, Ithaca, New York, dated May 28,
revised July 27, 1993, as well as the floor plans
application materials.
Architects
1993, and
and other
4. The Town planning staff has recommended a
determination of environmental significance with
negative
respect to
the proposed site plan, as proposed;
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
referenced action as proposed and, therefore, an Environmental
Impact Statement will not be required.
There appearing to be no further discussion, the Chair called
13
Town of Ithaca Planning Board August 3, 1993
for a vote.
Aye - Grigorov, Kenerson, Langhans, Ainslie, Smith, Finch, Cornell.
Nay - None.
The MOTION was declared to be carried unanimously.
Board member Stephen Smith asked
if
the
Board approves the
school
had
in this
proposal would
right
that
open
it
up
to
any other
schools.
Town Attorney John Barney stated that the resolution should
specify the school's name.
Board member Candace Cornell asked how many special approvals
were given to this particular site.
Town Attorney John Barney responded that they had received
only one special approval for the school. In an R -15 district you
can have a school by special approval only. Attorney Barney then
asked how the school qualified as a "School "?
Mr. Ciaschi responded that he did not know, he assumed that
they must qualify for a school because the students attend classes
for 6 or 8 months and then they get a diploma.
Town Planner Floyd Forman asked if there was a tax free status
like a school would have?
Mr. Ciaschi responded that they may be, but he was unsure.
Town Attorney John Barney suggested that there should be a
condition that there be provided copy of the certificate of
corporation or license or other documentation reasonably acceptable
to the Attorney for the Town that establishes them as a legitimate
school.
Mr.
Ciaschi
asked
if
they were not a legitimate school if he
had
the
right
to
rent
the
building.
Attorney Barney responded that Mr. Ciaschi had the right to
rent the building, but not to a illegitimate school. A school is
defined, for zoning purposes, as having curriculum, a staff and a
physical facility adequate to conduct its operations.
Chairperson Grigorov asked if there was a specific document
that would prove that it is a school.
Mr. Ciaschi stated that he would have someone from the school
call. John Barney's office, and she would give him what he wanted.
14
Town of Ithaca Planning Board
August 3, 1993
MOTION by Virginia Langhans, seconded by Stephen Smith:
1. This action is the Consideration of Preliminary and Final Site
Plan Approval for multiple residences, offices, and a catering
service and function hall and further, a Recommendation to the
Zoning Board of Appeals for approval of a school in Town of
Ithaca Special Land Use District No. 4, Tax Parcel No. 24 -3-
3.4 and 24- 3 -3.5, 10.2 +/- acres. Property is the former
Cornell University Statler West Complex, most recently used as
the Mayer School, located at 1251 Trumansburg Road, and
2. This is an Unlisted Action for which the Town of Ithaca
Planning Board, acting as Lead Agency in environmental review,
has, on August 31 1993, made a negative determination of
significance, and
3. The Planning Board, at a Public Hearing on August 3, 1993, has
reviewed and accepted as adequate the Short Environmental
Assessment Form Part I prepared by the applicant, a Part II
prepared by the Town Planner, and a site plan entitled
"Renovations to the Former Odd Fellows Building, Ithaca, New
York," prepared by Thomas Associates, Architects and Engineers
PC, Ithaca, New York and dated May 28, 1993, and revised July
27, 1993 as well as the floor plans and other application
materials.
NOM, THEREFORE, BE IT RESOLVED:
10 That the Town of Ithaca Planning Board hereby waives certain
requirements for Preliminary and Final Site Plan Approval, as
shown on the Preliminary and Final Site Plan Checklist, having
determined from the materials presented that such waiver will
result in neither a significant alteration of the purpose of
site plan control nor the policies enunciated or implied by
the Town Board, and
2. That the Planning Board
Site Plan Approval to
"Renovations to the Form
York, " prepared by Thomas
PC, Ithaca, New York and
27, 1993, subject to the
hereby grants Preliminary and Final
the proposed site plan entitled
er Odd Fellows Building, Ithaca, New
Associates, Architects and Engineers
dated May 28, 1993, and revised July
following conditions.
a. Submission
of an original and two copies of the final
site plan
for approval by the
Town Engineer and the
Town
Planner.
This final site
plan shall include
the
following
items not shown on
the current site plan:
the
road easement
that traverses
the southern portion of
the
15
Town of Ithaca Planning Board
August 3, 1993
property, the proposed "Service Parking" area,
dimensional details for all parking areas and roadways,
all existing and proposed parking spaces, fire hydrants,
location of proposed handicapped ramp, locations of all
storm water outlets which drain onto adjoining
properties, and a key explaining all symbols used on the
site plan.
b. A designated "No Parking Zone" to be approved by the
Building Inspector.
c. Additional landscaping to provide adequate screening of
the new parking areas from Route 96 and the apartment
building located on the property to the south, to be
approved by the Town Planner. The final landscape plan
shall detail the number, type, size, and location of
additional plant materials.
d. A more detailed stormwater analysis and drainage plan
shall be submitted to and approved by the Town Engineer.
This analysis shall address individual drainage subareas
and individual outf all impacts, particularly with respect
to the proposed increase in stormwater runoff onto
downgradient properties, and show mechanisms to mitigate
any increased stormwater flow.
e. The granting of Special Approval by the Zoning Board of
Appeals as required under Article IV, Section 11 of the
Town of Ithaca Zoning Ordinance, to permit the occupancy
by The New York State Institute of Massage, a school.
f . Revision of the site plan to show unpaved space dedicated
to overflow parking in the event that additional parking
is necessary for on- premises events during the week day
business hours.
g. No more than fifteen on- premises catering functions per
year shall be permitted during weekday business hours
unless paved parking for fifty more cars is approved by
this Board.
h. Submission to the Town Attorney of documentation
reasonably demonstrating that the New York State
Institute of Massage qualifies as a "school" under the
zoning ordinance.
1. That the Planning Board, in making recommendation to the
Zoning Board of Appeals, determines the following.
16
Town of Ithaca Planning Board August 3, 1993
a. there is a need for the proposed use in the
proposed location, as demonstrated by the
applicant;
be the existing and probable future character of
the neighborhood will not be adversely
affected as a result of the proposed project;
ce the specific proposed change in land use as a
result of the proposed project is in
accordance with a comprehensive plan of
development for the Town of Ithaca.
2. That the Planning Board reports to the Zoning Board of Appeals
its recommendation that the aforementioned request for Special
Approval be approved, subject to the conditions set forth
above.
Board member Candace Cornell asked where the water outflow
pipes were located.
Planner
I, Louise
Raimondo
showed the
Board the location of
the
outflow
pipes.
(As
shown
on
Exhibit
#1
hereto attached)
Ms. Cornell asked if there were houses there now.
Ms. Raimondo responded that there were no houses there now.
Ms. Cornell asked if the outflow would reach or cause damage
to any existing houses that are closer to the lake.
Town Engineer Dan Walker stated that the magnitude of the
changes that are being proposed should not be a problem. Current
land use allows for that water to dissipate. If Mr. Ciaschi
decides that he needs more parking, the Board needs to be aware of
what the impact would be downstream.
Board member Candace Cornell asked if there were a way to make
the current owner responsible for the destination of the water flow
in the future if land uses change.
Town Attorney ,john Barney responded that the Board could
require that the developer install whatever requirements might be
necessary if subsequently the land uses change to keep the flow at
the same level that it is now.
Town Engineer Dan Walker stated that based on the preliminary
drainage work that was done, he does not anticipate a problem. The
details of exactly where those outfalls are and exactly what water
goes into each one will allow him to evaluate the potential impact
17
Town of Ithaca Planning Board
August 3, 1993
on that property. If there will be a major impact and the drainage
does not address the problem then appropriate actions will be taken
to correct the problem.
Board member Candace Cornell asked if an additional parking
lot were to be built in the future, what kind of review would it
receive.
Town Engineer Dan Walker stated that if there were a major
change in the site plan then Mr. Ciaschi would have to bring it
before the Board for another site plan approval. That would leave
plenty of opportunity to review the site.
There appearing to be no further discussion, the Chair called
for a vote.
Aye - Grigorov, Kenerson, Langhans, Ainslie, Smith, Finch, Cornell.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Grigorov declared the Public Hearing duly closed
at 9:14 p.m.
PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE TOWN
BOARD WITH RESPECT TO A PROPOSAL TO REZONE A PORTION OF TOWN OF
ITHACA TAX PARCEL 33 -3 -1.2 AS FOLLOWS: 6 +/- ACRES FROM LIGHT
INDUSTRIAL TO R -30, 2.5 +/- ACRES FROM BUSINESS C TO LIGHT
INDUSTRIAL AND 3.5 +/- ACRES FROM R -30 TO LIGHT INDUSTRIAL, TOTAL
AREA OR TAX PARCEL IS 91 +/- ACRES. PROPERTY IS BOUNDED BY SEVEN
MILE DRIVE, TOWN OF ITHACA TAX PARCEL 33 -3 -2.2 AND HAS 300 FEET +/-
FRONTAGE ALONG ELMIRA ROAD. ALFRED EDDY, STEPHEN EDDY, PAUL JACOBS
AND BENJAMIN MINTEER. OWNERS; WILLIAM ALBERN, AGENT.
PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE TOWN
BOARD WITH RESPECT TO A PROPOSAL TO REZONE A PORTION OF TOWN OF
ITHACA TAX PARCEL 33 -3 -1.2 AS FOLLOWS: 6 +/- ACRES FROM LIGHT
INDUSTRIAL TO R -301 2.5 +/- ACRES FROM BUSINESS C TO R -30. TOTAL
AREA OF TAX PARCEL IS 81 +/- ACRES. PROPERTY IS BOUNDED BY SEVEN
MILE DRIVE, TOWN OF ITHACA TAX PARCEL 33 -3 -2.2 AND HAS 300 FEET +/-
FRONTAGE ALONG ELMIRA ROAD. ALFRED EDDY, STEPHEN EDDY, PAUL
JACOBS, AND BENJAMIN MINTEER, OWNERS; WILLIAM ALBERN, AGENT.
Chairperson Grigorov
declared
the Public
Hearing in
the above -
noted matter duly opened
at
8:17
p.m. and
read
aloud
from the
M
Town of Ithaca Planning Board
August 3, 1993
Notice of Public Hearings as posted and published and as noted
above.
William Albern addressed the Board stating that the piece of
property in question is zoned as shown on Sketch A with some of the
parcel zoned R -30, some of it zoned Commercial, and the remainder
of it is zoned for Light Industrial (Exhibit #2); the owners would
like it to be zoned Light Industrial (Exhibit #3), if that is not
an acceptable approach, an alternative would be to rezone it as
R -30 instead.
Town Planner Floyd Forman addressed the Board stating that
they had viewed the plan before and made a recommendation to the
Town Board, the question is what makes the most sense for the site.
Instead of having only one option, the Board now has two; the Light
Industrial or the R -30.
Board member James Ainslie asked what the opportunities were
for Light Industrial.
William Albern responded that he did not know what the
opportunities were.
■ Assistant Town Planner George Frantz stated that he has had
two phone calls in the past three years from people interested in
sighting plans in the Town of Ithaca, however, there was no land
available.
Chairperson Grigorov stated that the site is in a good
location, which is adjacent to additional Light Industrial
properties.
Board member Stephen Smith stated that he felt that setbacks
were a concern when viewing the site plan previously.
Board member James Ainslie asked how big the wetland area was.
William Albern responded that the wetland is 1.3 acres.
There being
no
further
discussion, the Chair asked if anyone
were prepared to
offer
a motion.
follows: 5.69 +/-
MOTION by Herbert Finch, seconded by James Ainslie:
L"11-Ay 13 . c
1. The Town Board has
received an
application
to rezone a portion
of Town of Ithaca
Tax Parcel 6-
33 -3 -1.2 as
follows: 5.69 +/-
acres from Light
Industrial
to R -30, 1.7
+/- acres from
Town of Ithaca Planning Board
Business C to Light Industrial
Light Industrial, and
August 3, 1993
and 4.16 +/- acres from R -30 to
2. The Town Board on May 10, 1993 referred said application to
the Town of Ithaca Planning Board for their recommendation
pursuant to Town of Ithaca Zoning Ordinance, Article IX,
Section 46, no. 1, and
3. The Planning Board, at Public Hearing on August 3, 1993 has
reviewed the Long Environmental Assessment Form Part I
prepared by the applicant, a Part II prepared by the Town
planning staff, a map entitled "Seven Mile Drive Subdivision
Requested Zoning, Sketch B" prepared by William F. Albern,
P.E. and dated May 3, 1993, a map entitled "Seven Mile Drive
Subdivision, Proposed Zoning Change, Town of Ithaca, Tompkins
County, New York" prepared by Robert S. Russler, Jr., L.S.
and dated June 7, 1993, and other application materials.
NOW, THEREFORE, BE IT RESOLVED.
1. That the Town of Ithaca Planning Board, pursuant to Article
XIV, Section 78 of the Town Zoning Ordinance, hereby finds
that:
a. There is a need for the proposed uses allowed under
Article VIII (Light Industrial Districts) of the Town of
Ithaca Zoning Ordinance, in the proposed location;
b. The existing and probable future character of the
neighborhood in which the uses allowed under Article VIII
will be located will not be adversely affected;
c. The proposed change is in accordance with a comprehensive
plan of development of the Town.
29 That the Town of Ithaca Planning Board, pursuant to Article
IX, Section 46, no.2 of the Town Zoning Ordinance, hereby
recommends that the Town of Ithaca Town Board approve the
zoning changes as described on the map entitled "Seven Mile
Drive Subdivision Requested Zoning, Sketch B" prepared by
William F. Albern, P.E. and dated 5/3/93, conditioned upon the
following.
a. That for purposes of the setback
requirements set
forth
in Article VIII Section 44 of the
Town of
Ithaca
Zoning
Ordinance, so long as the area
to be
rezoned
light
industrial is owned by the same owner, the
front yard for
the subject parcel shall be that
portion
of the
parcel
fronting on Seven -Mile Drive.
FIi7
Town of Ithaca Planning Board
August 3, 1993
There appearing to be no further discussion, the Chair called
for a vote.
Aye - Grigorov, Kenerson, Langhans, Ainslie, Smith, Finch, Cornell.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Grigorov declared the Public Hearing in the above
matter to be duly closed at 9:32 p.m.
AGENDA ITEM: DISCUSSION OF DRAFT COMPREHENSIVE PLAN.
Town Planner Floyd Forman addressed the Board stating that he
would appreciate any changes or errors found in the Plan being
brought to his attention so that they could be corrected prior to
sending to the printers.
Chairperson Grigorov asked if anyone had any comments at this
time.
Candace Cornell asked if "Town wide" was one word or two and
questioned whether or not it should be capitalized on Page II -25.
Board member Herbert Finch asked about Page I -3; and stated
that Cornell University is not just a land -grant institution. It
is that but it is also privately endowed. On Page I -2; Mr. Finch
stated that he did not like the way the first two sentences were
worded. The Iroquois were not a tribe of Indians, but a
confederacy of six tribes. The area may have been settled by
Native American Indians, but not by Iroquois.
Town Planner Floyd Forman addressed the Board stating that the
changes mentioned would be taken care of and if there were any
additional changes found to let him know within the week and they
would also be corrected. The next item was the SEQR. Ron Brand
was making revisions to it. The Planning Board members will get
the SEQR later this week. Mr. Forman asked that the Board choose
which version of the colored "Anticipated Land Use Patterns Map"
that they would prefer to be used.
The general consensus of the Board was to use map with the
darker colors.
21
Town Planner Floyd Forman stated that
he had
written a memo to
the
Board members asking which date would
they prefer to hold the
Public
Hearing for the Comprehensive Plan;
the
24th of August or
the
31st of August. Town Planning Floyd
Forman
stated that they
also
needed to consider when to vote on
Adoption
of the
21
Town of Ithaca Planning Board August 3, 1993
Comprehensive Plan.
Board
member Candace Cornell
asked
if
someone from the public
notice the
changes that have been
made
to
the Plan.
Board member Stephen Smith responded by stating that "Those
who want to see changes will, those who don't, won't."
Board
member Robert Kenerson stated
that the
Board should give
the public
more time to "be sure that everyone is
notified, and it
is fair.
What difference does a couple
of days
or weeks make at
this point,
this thing has been going on
for three
years at least,
so what is
another week? Make sure
that we
have bent over
backwards
to give everybody time, and
then
they
can't complain."
The Board decided that August 31st would be the most
convenient date for the Public Hearing to ensure that the public
had ample time to read through the Comprehensive Plan and come to
the meeting prepared to discuss it.
ADJOURNMENT
Upon Motion, Chairperson Grigorov declared the August 31 1993
meeting of the Town of Ithaca Planning Board duly adjourned at
10:06 p.m.
Respectfully submitted,
JAIL ee
StarrRae Hays, Recording Secretary
Town of Ithaca Planning Board
22
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S%3I13
William F. Albern, P E.
IV E CjU3� lu �S I D� Engineering Consultant
Sunnyslope Terrace, Ithaca, New York 14850
Telephone. (607) 272.5077
10 &
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kA William F. Albern, P. E.
V l S i Engineering Consultant
n �
OCR Sunnyslope Terrace, Ithaca, New York 14850
Telephone: (607) 272 -5077