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HomeMy WebLinkAboutMN-PDB-1976-05-25 BOARD OF PLANNING AND DEVELOPMENT MINUTES -- CITY OF___I'TBACA- Regular Meeting, May 25 , 1976 PRESENT: Chairperson Benson, Ms. Meyer, Messrs . Fuller, Hildreth, and Stein ALSO PRESENT: H. M. Van Cort, Dir. of Pl. & Dev. ; E. Jones, Dep. Bldg. Commr. E. Mulholland and G. Kasprzak of Circle Greenway Com. J. Carrigg, Gen. Mgr. , NYSEG; T. Bennett, Pres. Chamber: of Comm. ; R. Sprole, Pres, Therm, Inc. ; R. Andree, J. Cottrell, Mrs. R. Flight, J. Rider, ' and R. Woletz , citizens; J. Benedict, Planner. ABSENT: Plessrs. Moran and Saggese In the temporary absence of the chairperson, Mr. Stein called the meeting to order. Approval of the previous ,regular .meeting's minutes was MOVED by Mr. Fuller, seconded by Mr. Hildreth, and unanimously approved. Ms. Benson arrived at that point and proceeded to chair the meeting. Because of the large number of citizens waiting to speak on several issues , the Chairperson's report was postponed until later in the evening, and since there were no calls to speak on special orders of business not covered elsewhere in the agenda, the Board went on to zoning cases. ZONING (a) Appeal 1116: Request for Area Variance to allow a building within 11 feet of front property line in an I-1 zone instead of required 20-foot setback. The Department of Planning and Development felt that this .proposal was a definite improvement over Mr. Andree 's April proposal (see Appeal 1113) which asked for a variance to allow the building within 4 feet of the property line, but suggested that Mr. Andree could still locate the building elsewhere on the property. Mr. Andree is ready to build, and feels that any further delay in the building would be a hardship, since vandalism is a recurrent problem. Mr. Andree explained that it probably was not clear to the. Board, at his last appeal, that the area within which he would like to build is currently fenced': n, and that there is not much space other than the proposed site because there are six tanks in the space, and room is also required as a turnaround for tractor-trailers. Mr. Van Cort noted that according to law, variances are granted only if the following three conditions are mete 1. hardship 2. variance required by condition unique` to the property in question 3. action will not change the character of the area in question. 2 - Mr. Andree noted that.he felt a hardship appeal was justified by the fact that six pumps had been vandalized on his property last year, and that his insurance had increased over3% from last year. Mr. Van. Cort asked if he might still be able -to put the storage building further back from the property line, and Mr. A dree responded that he was considering developing or selling part of his lot, and therefore did not want to -build on the portion he might sell. Mr. Fuller asked if the property to be sold is. outside the fence, and Mr. Andree replied that it is. Mr. Fuller the_ n MOVED approval of Pair. Andral s appeal, and Mr. Hildreth seconded. A vote was called, and the motion was CARRIED unanimously. (b) Appeal 1117 by Beatrice N. Dennis for Use Variance to allow commercial use in an R-3 zone, where s veral previous variances have been -given for home occupations, at 10 )3 N. Tioga St. Mr. Van Cort noted that the house, whiTh is on the corner of Tioga and Lincoln Streets, has been used in the ast as a business location. . The - applicants are planning to use the premises for an -interior decorating and crafts sales business. The neighborhood seems to be reverting to a full. residential neighborhood with the recent closing of the P & C and the Ice Cream Shop. Commercial enterprises seem to be moving away. The Chairperson called for any comment3 by neighbors. There were none. Ms. Meyer MOVED approval of the appeal and Mr. Fuller seconded. Discussion followed in which Ms. Meyer noted that she felt the building was not generally attractive as a residence, since it abuts the sidewalk. Mr. Jones replied, to a question from the Chairperson, that the persons who are planning to run the business d not plan to live on the site. Mr. Stein noted that the building has Deen used for commercial .purposes in the past. A vote was called, and tie motion CARRIED unanimously. (c) Appeal 1118 by Stanley Scheimberg for Area Variance to allow side and front yard reductions in a B-l . zon , 207 N. Geneva, where existing structure already encroaches.. The Chairperson called for any comments by neighbors of the property in questiono There were none. It was noted that the building is already- closer to, ,the' front lot line t an is allowed by Zoning Regula- tions. The property does have adequata parking. It is located next to the Greek Orthodox Church, which is also close to the lot line. The . owner of the property feels the appearance of the building would be enhanced by the addition. The Plannina and Development staff, however, recommended not approving the addition. Ms. Meyer asked what the distance was between the existing structure and the church, and Board member Fuller answered that there was a two-to-three foot alleyway with some trees and bushes, and that the side addition would not be visible fr the street. He noted that the present building front is quite unsig tly and that the addition prob- ably would improve the looks of the p operty. Ms. Meyer asked whether 3 - it would be possible to have an architectural review in such a case. Ms. Benson answered that the City laws do not allow for any except zoning and structural review. Mr. Van Cort reminded the Board that they had recommended denial of the Red Cross Building appeal on architectural grounds, and that the Board of Zoning Appeals had stated that in their opinion architectural or esthetic considerations were notlegitimate grounds for the granting or denial of a zoning variance. 'Mr. Hildreth MOVFD denial of the appeal. fr. Stein seconded. ZZs. rleyer questioned the grounds for the denial . Mr. Hildreth replied that he felt that the three buildings across the street from the property in question, as well as the two nearby churches, were a credit to the City, and that- the proposed addition did not seem to do anything visually for that block. Pair. Stein noted that he too had looked at the building and felt it was too close to neighboring property. A vote was called and denial was CARRIED. Board Members Stein Hildreth and Meyer voted Aye. Mr. Fuller abstained. (d) Appeal 1119 by James R. Rider for Area Variance to allow rear yard reduction in an R-3 zone at 114 Summit St. , where existing structure is conforming. Mr. Rider would like to add a 121 x 121 two-story addition consisting of two living rooms, one on each floor, on the back end of the bu .ldi, Tir. Rider needs the variance because there is a 251 rear yard set-back requirement to the back lot line; the building is presently on the , set-bac' line, and this would cut that space to 14 ' . firs. Flight, a neihbor, asked if there was any zoning. ordinance to limit the nuaber of persons who could reside on a given lot, and was told that there is no such ordinance. Ms. Meyer MOVED that the appeal be tabled in the absence of site plans a.ad Mr. Hildreth :seconded. Ms. Benson noted that the Planning and Development Board should not act in the absence of pians. A vote was called, and .he motion to table was CARRIED. The Planning and Develop- meat Department will send a note to Mr. Rider indicating exactly what is required in the drawings. Mr. Van Cort then read a note from Mr. Meigs of the Planning and Development Department, who was unable to be at the meeting. Mr. Meigs said he felt -he Planning and Development Board " . . .should consider zoning cases in context of their implications for planning and develop- ment in general , and less in regard to the particular details and technicalities of each case. The fine points are good to know' fo basic evaluation and referral to BZA, but are their business, while neighborhood and community effects are ours. " 4 COMMITTEE REPORTS Again, because of the great number of citizens waiting to speak on the Municipal Power System Feasibility Study, the Chairperson suggested the Board move onto item 7.b on the agenda, Municipal Power System- recommendation on feasibility study. Mr. Jonathan Cottrell, a carpenter. residing on Titus Avenue, said he was fed up with electric rate increases an that he felt municipal power would offer an alternative to rate increases. He proposed a system that would be locally owned and controlled by the people of Ithaca. He stated that .30 million Americans now have municipal power systems. NYSEG now charges approximately $28 for' 750 KWH of electricity. Nearby Groton, which has a municipal system, charges around $12 for the same 750 KWH. He felt a municipally run system would be more likely to be mindful of. energy conservation, and could have a rate system designed, to encourage lower usage. This, he thought, would be better for people living on fixed incomes, etc. He urged the Board to recommend to Common Council the proposed feasibility study in the hopes that the City might consider providing its own lower distribution system. Mr. James Carrigg, Manager of the NYSEi outlet serving the Ithaca area, then spoke for the company. He stated that NYSEG is not for sale, has not been for sale and will not ever be for sale. He felt there was a general misconception about municipal power systems and claimed that there is not enough power left for expansion of municipal. systems. He further claimed that there are only 14C megawatts of hydroelectric power left for expansion in the State cf New York, and that a peak load. of 145 megawatts was needed last year in this area. He noted that 140 megawatts is about half of what is produced by .Millican Station. He stated his belief that the fundamental role of government is to do things that private enterprise cannot r will not do. He also noted that 60% of .all Ithaca's property is t x exempt and that the City's bonded indebtedness -is approximately 80a of its maximum. Earlier this year _ NYSEG financed $75 million in bonds at 9 3/8o interest. The Power Authority sold. tax-free bonds at 9h%'. Within the last month, Albany floated a bond issue at 9%. Hornell, unable to get a bid on its bonds, finally went to private institutions and paid approximately 12-130 interest. In the period from 1969-75, five government power systems originated, and 26 were discontinued. Rochester looked into buying its. street lighting .system, but its governing body did not pass the action. Mr. Carrigg claimed that;.by 1980 there will be ,no hydroelectric power . available. In Massena it has been two .years .since the public referendum to municipalize electric power; Mr. Carrigg believes it. will be another two_ years before this is out of the courts. -, , Mr. Carrig drew attention to a Cortland study awarded to O'Brien and Gere, ,to determine the via- bility of municipal power as opposed to that currently supplied by_ Niagara-Mohawk. The analyst was invited by the Cortland County Community Action Program. . The Cortland Standard, on April 13 , 1976, reported that current power allotments for municipal utilities will probably run out in three years, end -.-hat once available hydroelectric power has been designated, rue-gar power becomes the most likely alternative. Mr. 5 Carrig again stated that the community must be able to finance 100% of the municipalized utility, that he felt this was impractical since New York State has experienced difficulties in raising bond money, and that interest rates on bonds are very high. Ms. Meyer noted that the issue was complicated by other issues such as the use of fossil fuels. She asked why NYSEG was using so much of the fossil fuel supply when hydroelectric power was available to it. Mr. Carrigg replied that NYSEG is now using 52 megawatts of hydroelectric power, 1375 megawatts of steam, and is purchasing 821 megawatts from the power authority. He said he was not familiar with any hydroelectric projects in the system that were not being used, but stated that there were no further hydroelectric projects on the drawing board. Ms. Peyer again asked why more hydroelectric power was not being used, and Mr. Carrigg replied that it was not available. Mr. Van Cort asked if the Cornwall hydro plant was a pumped storage facility for a nuclear plant, to which Mr. Carrigg replied that it was not. He reiterated that there were a very limited number of sites that could be developed for hydroelectric power. Mr. Woletz reminded the meeting that the item being discussed was a feasibility study, and not a takeover of existing plants. Ms. Benson then proposed the following resolution- RESOLVED that the Planning and Development Board recommend to Common Council that a consultant be hired to investigate the technical and financial feasibility of municipal power for the City of Ithaca in conjunction with the anticipated study by the Board of Public Works She noted that the proposed feasibility study would take into account the City's bonded indebtedness, cost of distribution and other factors. She reminded the Board that the study would be unbiased, and of a purely fact-finding nature. She recommended the study be made. Mr. Thomas Bennett, President of the Chamber of Commerce asked how much money would need to be allocated for such a study, and Ms . Benson replied that the cost was as yet unknown, but that bids would be solicited. She noted that similar studies had run between $17 ,000 and $20,000 for other cities, and that since the money was not in the Planning and Development Board' s budget, funds would have to be requested of Common Council. Mr. Van Cart added that Council would determine whether funding was available and how much could be spent. Mr. Robert Sprole, President of Therm, Inc. , asked how selection of an agency to do the study would be made and was informed by Ms. Benson that the selection would be made by Council. 6 - Mr. Carrigg expressed irritation at be ng informed about the Board' s meeting through the news media, and no directly through the Board. Ms . Benson replied that the project waP made public in the media some time ago, and that users of NYSEG's services did not receive invitations to the meeting either except by publiclnotice. Mr. Sprole expressed the feeling that a meeting of this sort should be publicly announced. Mr. Stein took exception to Mr. Sprole' s implication that the Board was not working in the interest of the taxpayers. He noted that this project was discussed four months ago publicly, and that the Board depends upon the press to report on these matters. Mr. Carrigg then asked who is on the executive committee of the Planning and Development Board and was informedlby Ms. Benson that the committee was composed of ,Messrs. Stein, Fuller, and Hildreth, Ms. Meyer, and herself. Mr. Stein then asked if Mr. M, arrigg had any objections to an objective study, to which Mr. Carrigg keplied he had none. Ms. Benson noted that if such a study is carried out, NYSEG would be asked to submit whatever information the company wished to be considered. Mr. Hildreth noted that with the recent rate increases, NYSEG should certainly have expected this kind of response. Mrs. Flight asked if the study was being considered at the �equest of one citizen, and was informed by Ms. Benson that such a stuly had been a topic of concern for several years, and that many people had brought the issue to the attention of the Planning and Development Board. She noted that there was widespread concern among taxpayersi Mr. Fuller mentioned that the City wasJalso a large consumer of power, and that the City government is concerned about the impact of electrical costs on its own budget. This alone, hie felt , seems to warrant such a study. Mr. Van Cort pointed out that the City would only be interested in such a plan if demonstrable savings to consumers could be realized. Ms. Benson noted that it was also a planning issue. Mr. Dan HOffman asked whether the 145 megawatts mentioned by Mr. Carrigg was for service of the Ithaca area only, and was toldhat it was for a larger area than that. Ms. Benson then read the resolution, which was MOVED by Mr. Stein and seconded by Ms. Meyer. Discussion followed. Ms. Meyer wanted to know, if the resolution werelpassed, whether Council would have to accept the total study, with no preliminary investigation. She felt it would be better to have some preliminary study, and withdrew her second. She felt that a preliminary study covering such issues as the City' s bonded indebtedness should be made before the feasibility study was started. Mr. Hildreth replied that a feasibility study is a necessity at this point, and he replac8d Ms. Meyer's second with his own.. Mr. Stein noted that PIs. Meyer's concerns were appropriate, but that they did not need to be raised at this time, and that appropriate studies would be done before the feasibility study was begun. Ms.: Benson ,. . added she did not think the cost of th study was involved with the City' s bonded indebtedness. Mr. Stein iagreed that the motion did not ,IMI 7- - disallow - -disallow a step-like involvement. Mr. Van Cort added that the bonded indebtedness issue could be cleared up in a very short timer A vote was called. Messrs. Stein, Fuller and Hildreth voted in favor of the motion, Ms. Meyer opposed. ' Motion CARRIED. Ms. Meyer noted she was not ,opposed to the concept, but would like an additional step before the resolution which would investigate some preliminary issues before passing it on to Council. The next topic discussed was the Circle Greenway. Mr. Greg Kasprzak and Ms.. Eli,zabeth Mulholland gave a presentation on the Greenway. Ms. Mulholland noted that the idea originated in the Area Beautification Council. The walkway is easily accessible from local neighborhoods, and is planned to show off gorges ,, waterfront, the University, uplands, the business district and a variety of environmental sites. Input was solicited from people living close by the walkway, who were mostly Very cooperative and supportive of the project. The Greenway is based on existing paths. It is a low-key, low-cost bicentennial project designed to show off Ithaca' s natural beauty while preserving it. She stressed the project's concern with using only those sites that could tolerate the expected wear and tear of increased numbers of visitors. She noted that all but 200 yards of the proposed path had been approved for use by the owners of the property. She said she has already had -requests for nature walks and nature photography instruction. Ms. Benedict asked what the next phase of development would be. Ms. Mul- holland replied that the City Attorney was considering ways to continue administration of the program separately from the City. Ms. Meyer MOVED 'and Mr. Hildreth seconded the following resolution-. WHEREAS the City of Ithaca and surrounding municipalities are endowed with an abundance of natural beauty in the form of hills, valleys, woods, gorges, streams and waterfalls, and WHEREAS the pressures of growth and development have direct and indirect effects on the use and condition of these resources, and WHEREAS there is great concern among local officials, agencies and the public that these natural features be available for use and enjoyment by present and future residents, yet be protected insofar as possible from the negative effects of use of these and adjacent areas, and 147HEREAS the Planning agencies of the City and Town of Ithaca have undertaken analysis of these resources in order to develop plans for their, recreational use and improvement, and N WHEREAS the. Circle Greenway Comm ttee- and the City Bicentennial Commission have prepared� a plan for and implemented the first segment of the City' s Bicentennial project to develop a green way in and around the City, linking many of these natural features and rel ted landmark facilities for the benefit and enjoyment of local residents, which green way will incorporate ,a variety of recreational and educational activity for persons of all ages, interests and. abilities, BE IT RESOLVED that the Board of Planning and Development of the City of Ithaca commends the. Circle Greenway Committee and the City Bicentennial. Commission for their roles in promoting and implementing- the Circle Greenway concept. The motion was CARRIED unanimously, COM4UNICATIONSe Common Council resolved to refer back to the Planning Department the expansion of the DeWitt Park Historic District. COMMITTEE REPORTS. (a) Report on Elmira Road Signage Pr posal. It was reported that the Executive Committee had been deferred for further study. ` (b), Municipal Power Systema recommen ation on feasibility study. Since this had been thoroughly covered earlier in the meeting, it was not discussed at this time, (c) Neighborhood Planning: recommendation on progress toward planning for neighborhoods.. PAs. Benson requested further study in their liaison areas by ,the Board members. OLD BUSINESS,- (a) USINESS,(a) West Hill Access . recommendation on inter-municipal cooperation on West Hill Access. Council designated this as a capital project two years ago. The City cannot construct a road to connect the Elmira Road with Floral Avenue without the cooperation of the Town and the County. It is necessary to involve them in the study as well, in order to insure that the project will meet their needs and to establish a precedent for cooperation. This prodct becomes more urgent in view of the upcoming Southwest Study. TheTfollowing resolution was MOVED by Mr. Fuller, and seconded by Mr. Hildreth? 9 - WHEREAS circulation between West Hill area of the City and Town of Ithaca and the center of the City is hampered by topographical conditions and lack of a well-developed street network, and WHEREAS well-planned improvement of the street network could have beneficial effects on the eventual use and .development of these areas of City and Town and the rest of the urban area and County as well, and WHEREAS the planning agencies of both City and Town have frequently discussed the area's problems and potentials and have made or supported proposals to deal with the area's circulation and growth which have not progressed be�,-ond the planning stage because of lack of dedication of the best location for a collective street or streets , and WHEREAS the State's plan for improvement to Route 13 and 96 in this area are not settled as to location or implementation scheme and will not serve us any function as a local street in any event, and WHEREAS the City's Board of Planning and Development is about to undertake a development study of the Southwest Area of the City incorporating plans to improve the Elmira Road in consultation with the planning agency of the. Town, of Ithaca, BE IT RESOLVED that-,this Board extends to the Planning Board of the Town of Ithaca an invitation to ,join . in the process of finding a location for West 'Hill`,access` which will best serve the interests of the City and Town, best utilizing the resources, and planning staff` of each, and BE IT FURTHER RESOLVED that this Board agrees to hold such joint meetings and consultations with' the Planning- Board of the Town of Ithaca. and to direct its staff to coordinate with the Town Planning Staff so that the most viable and well- considered plan for access and development may be arrived at. The motion was CARRIED unanimously. (b) Circle Greenway: this item was presented earlier in the evening, and was thus omitted from the agenda. at this point. (c) Southwest Study Progress Report. The Board was presented with the study outline and Mr. Van Cort informed them that the Department has hired two temporary planners to work on the study this summer. Ms. Meyer requested that Board members be notified of staff meetings concerning the Southwest. i Mr. Stein noted that the Mayor had req ested high priority on the Southwest study, and asked whether work on West State Street would interfere with that. Mr. Van Cort replied that it would take .some staff mrthat toprojects can be done, and .that the State Street study ni$ easnginim rtance , (d) Tompkins County Selective, Communities Plan: , recommendation. Mr. Fuller noted that the plan might raise the cost of property outside the City, and would force lower-income people into the City. The plan should be .thoroughly 'studied by the Board bef re it is endorsed. NEW BUSINESS. (a) City map. Mr. Van Cort stated that he would like to defer this topic to a later date. The City has never had an official map, and investigation into legalities of such a map is necessary. ` (b) Resolution regarding Preston Maynard, Title VI CETA employee in the, Department. Mr. Van Cort noted that Title VI funding is coming to an end, but according to a recent communication from Mr. Hurlbut, the County Personnel Administrator, it seems Mr.' Maynard °s position will be continued. The ;following resolution was MOVED by Mg. Meyer and seconded by Mr. Hi'Idreth e WHEREAS the Department of Planning and Development of the City of Ithaca has received notice that funding assistance for a Planner III position received through Title VI of the Federal Comprehensive Employment and Training Act of 1973, :administered by the Count of Tompkins, is to be discontinued after June 30 , <1976, and f -WHEREAS it is understood that some funding will continue to be available under this program, and that some possibility exists for this or otherfunding assistance for continuation of this position, and i . W!HEREAs theemployee provided to he Department with this assistance k}a OSerformed the duties required under the CETA job des - _ptipn fgr the position with thoroughness and competence ' brnging thereto skills not otherwise available to the City, further developing those skills and adding to his knowledge and ability as a result of this experience,and benefitting` the City and its residents through capable execution of needed services of a nature related to the primary duties of his position, $E IT RESOLVED that the Board of .Planning and Development of the City of Ithaca express its appreciation to the County of Tompkins and its Commiss 'oner of Personnel for assisting- of CETA SClty and its r€�sde is through allocation funds for this position, and BE IT FURTHER RESOLVED that the Board of Planning and Development urges the County of Tompkins to investigate all possible means of continuing funding for this position, in , coordination with the Director of Planning and Development of the City of Ithaca. The motion to approve the resolution was voted on, and CARRIED unanimously. (c) Resolution regarding Margaret Haine for Administrative Secretary position in the Department. Mr. Van Cort noted that he had followed all Civil Service requirements in his search for an Administrative Secretary, and had, at the recommendation of Mr. Pezd.ek, sent notices of the availability of the position to all appropriate persons. The following resolution was then MOVED by Mr. Hildreth, and seconded by Mr. Stein BE IT RESOLVED that Margaret Haine be appointed provisionally to fill the newly created administrative secretary position in the Department of Planning and Development, and BE IT FURTHER RESOLVED that this Board recommends to Common Council that she be hired above minimum for the grade at an annual salary of $8 ,898 . The motion CARRIED unanimously. Although it was hoped there would be information available on the Caldwell Project, the necessary drawings were not available. Mr. Van Cort informed the Board that he and the selection committee had inter- viewed architects for the peripheral streets and courtyard adjoining the Commons, as well as the public elevator. Also under consideration are schematics for the City Hall Parking Lot, and the feasibility of providing public restrooms. Ips. Meyer noted that the Commons Advisory Board would like to have some opportunity to comment on the peripheral streets plans. Mr. Van Cort replied that the Mayor has said he is not appointing an input committee as he did with the Commons. He would like to have public input channelled through the Planning and Development Office. Ms. .Meyer asked. that a representative of the Planning and Development Department be sent to CAB meetings, and Mr. Van Cort agreed to have Ms. Benedict sit in. He added that he had instructed the architects who submitted proposals that the City required a good deal of open space in the courtyard and peripheral streets. Mr. Stein then MOVED that the meeting be adjourned. There being no objections, the meeting was adjourned by the Chairperson at 10: 50 p.m.