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HomeMy WebLinkAboutMN-PDB-1977-11-11 MINUTES PLANNING AND DEVELOPMENT BOARD 11 November 1977 PRESENT; Chairperson IeGrace. Benson, R, Bordoni, D. Fuller, R, Hi.ldreth ALSO: H. M. Van Cort, T. Hoard, Ne Meyer, E. Holman` Members of the Press and Public 1, The Chairperson called the meeting to order® 2, Mr, Hildreth MOVED and Mr<. Bordoni seconded approval of the minutes of the ,October 31 meeting. CARRIED. 3, Ms, Henson explained to the public how the Planning and Development .Board meetings are conducted„. 4. Chairperson''s -report., None. 5. Zoning cases- Appeal 1174 - 'Request by the Tompkins County Mental Health Association for a special condition permit to use the premises at 222 South Geneva Street for a group care residence for a maximum of twelve residents, The Building which has- been used as, "`iCUW's.Home for Adults” for the past fifteen. years,, is located in an R:.3a use zone, where group care re.sidentces, are permitted under special conditions, The, property in questiop does- not meet the requirements for minimum lot size, width, . side wards, and rear yards; the lot coverage also exceeds the maxis mum permitted.. The following letter, from Mrs. Elizabeth Wells, a neighbor, was read; Dear Mrs, Benson.: Due to illness Icannot attend tonight's meeting, however, I would '. like to go on record, I am opposed to the Mental Hygiene departmentts attempt to lease Kline'.s, Home for Adults, at 222 South. Geneva Street,. I have resided. at 224 South Geneva for twenty-six years, and .I do not feel the character of the neighborhood would benefit; We already have on, this block, a. senior citizens center, McGraw House, a family care type of operation at 226 S, Geneva, and an elementary school close by., Elizabeth Wells P & D-O BOARD MINUTES. 11 November.:::_.977 '. Page 2 . The Codes- and Ordinances Committee met on. this matter on November 25, having been delegated power to act, Their decision.was favorable for the following reasons:. (1) We do not feel the proposed hostel would constitute a substantially different use from the present facility, In fact, in terms of zoning ordinance definition and criteria, Klin0 s should be interpreted as being a group care residence -- that is, it provides supervised living quarters for more than six residents who need some daily care, and it is licensed by ,a state agency (in this case, the State Department of Social Services) to provide such care. Thus it is really a .matter of . one group care residence replacing another in the same location. (2) Not only is the anticipated use in general the same as the exisit- ing use, but it will also reduce population density at the site., as it will be licensed for.a maximum of 12 residents in comparison to 16 at present. (3) The probable alternat ve'for :this property; ;given'.:its I.large sire, lack of yard space. (which would decrease its desirability to families with children) and location in an R-3 district, would be conversion to a rooming house or cooperative household, Evidence from. the hostel operated. on .East State Street under the same auspices indicates that that proposed kind of group care residence looks and operates very much like a. large, .well-kept, .orderly single-family house, Under the cir- cumstances the Committee feels that the proposed use would be less disruptive to the neighborhood than other likely .permissible uses; They had reservations .as follows: , , ,its proximity to several other group or family care facilities for the elderly and/or. disabled; These include McGraw House, the Rec;on- struction Home, and a family care home for emotionally disabled persons (4 maximumJ; While none of these facilities is precisely a group care residence as :defined by the zoning ordinance, and they are thus not subject to the same restrictions, the Committee is nonetheless concerned about an overconcentration of similar kinds of uses in any one area of theCity, Not only might such impaction affect .the neighborhood negative- ly, but it also would be counter to the very .purpose of deinstitutionali nation, which aims to re-integrate disabled persons into a heterogeneous community, The Committee requests the .staff to draft a letter to the State Department of Mental Hygiene with copies to other appropriate Agencies conveying these concerns which could affect the potential via- bility of the deinstitutionalization program, They went on to say If thepraposed hostel represented an increase in the concentration of group care facilities in the immediate neighborhood, the Committee would P & .D BOARD- MINUTES 11 November 1977 Page 3 hive had .diffi?culty recommending it, Our favorable recommendation is. based largely on the belief that no such increase in impaction will occur given the present group care use of .the site, and<-thatthere'. is in essence no need for the-BZA toconsider. granting a special con- dition permit. o. . any variance, since the proposed change in occupancy would represent no change in use. GoK.1.rL Mrs. , a neighbor at 216-218.South Albany Street, spoke in favor of the variance, saying that as a mother of. a retarded child, she:.felt it very im portant for agencies to provide facilities allowing retarded adults. to be integrated into the community. She said it was especially important in Ithaca where the.. sch.00l system segretated the retarded from other children. to make an effort to re-integrate thein. In keeping with the direction of the Committee,. the Board recommended appro-, val of the .appeal, Appeal 1178: Request by the Ballet Guild of .Ithaca, Inc., for a use vari- ance, area variance, and parking variance under Section 3.0,25, to add a new one story ballet studio to the existing structure at 504-506 North Plain Street.. The property; .located. in an R -2b.use district, is.defi. cient in off-street parking places, and with the addition the maximum lot. coverage permitted in the district will be exceeded., The staff noted that .the' addition to the studio would be ..in. a former church on the corner of Plain and Esty Streets. ' The studio now exists as a noncon- forming use established by variance in 1968, ..Under the. present zoning, a pri- vate. .school would be permitted by special permit, This is not a use which would be 'acceptable under the general plan, ..since it serves the community at large rather than the neighborhood, The proposed addition would .result in 52% lot coverage and minor side and rear yard encroachments. Thestaffwas also concerned that the parking.-load during performances might appreciably - affect the neighborhood, The staff would like to work with the Ballet Guild to help search out .a better location, and recommended against approval. Alice. Reid, Director of the Ballet Guild, said the Guild.had bought the church in 1968, and that they do not perform. in the church nor have they .plans-t6;, do.so. The church., she noted, is used only for classes- and rehearsals. The Ballet Guild is a. tax exempt operation, .and 309. of .its. students are on scho-- larship N[anyrcome from the Hancock Street developmentand other low--�income housing nearby, .. She said that because so .many were on scholarship,,:they . .could not afford the high rents demanded in more centralized locations. She also noted that.:not many parking spots were needed since parents generally . . dropped their children off, or .the children walked to the school. Mr. .John Vasse, a local realtor, said he had .tried to find other locations for the Ballet Guild, and that it is difficult to find suitable space.. He also said it would be difficult to find another suitable use far.-.-the. church. Nancy Meyer spoke in support of the Ballet Guild, saying it was a cultural outlet P & D BOARD MINUTES 11 November 1977 Page 4 which would not normally be. found in that neighborhood. It was also stated that there would be reasonable space around. the proposed addition. Nancy Gallagher, the architect for the project, said that the building was neces- sary for rehearsals since they had outgrown the church space. The proposed single story wooden addition would blend into the neighborhood,. she claimed, and would not necessarily draw more students to .the Ballet Guild. Mr: ,Fuller said his daughter, a professional dancer, is a product of the Ballet Guild, and that he had tried to find them space downtown earlier. He reiterated that downtown locations were too expensive for the amount of space needed, and that it was difficult to find space without supporting poles, or. whieh did not require .a walk up several flights. of stairs. He MOVED to recommend approval of the.variance. Mr. Bordoni seconded. CARRIED unanimously.. 1179 Request by Ida Webber for an area variance to.construct an addition to the building at 402 .Third Street. The construction will be�within .one required side yard and the required rear yard. The property is located in an I-1 use district. Staff noted that the request was made by Ithaca Scrap Processors. Planning considerations were. that the use was both necessary .and desirable. The pro- perty is now unsightly. and the proposed addition.would improve its appearance. The' staff .recommended approval with the stipulation that the area be cleared and that screening be placed around the addition.. David Gersh, attorney.',fdr.,,.the,:'.appgllant, said -that the addition would allow for storage of two trailer-loads of newspaper which would then be recycled to be made into paper or insulation. He noted that Ithaca Scrap could have built the addition in 1974 when they constructed the present building. They would like to enclose an existing loading dock, and remove a collapsed wooden shed. He said neighbors had voiced no objection to this. NYSEG has indica- ted its willingness to allow the building to cross its right-of-way. Mr. .Bordo.ni MOVED.that the Board recommend approval with the stipulation that the addition be fenced from view. Mr. Hildreth seconded. CARRIED unanimously. 1180: Request by Robert Mix and West Seneca Street Corporation for an area variance under Section 30.25 to permit subdivision of` the .property at 707-711 Willow Avenue- into two non-conforming parcels. The resulting parcels will be deficient in minimum front and side yard requirements, and .exceed the maximum lot coverage.. No change in use is contemplated` for. property, .which is .located in an I-1 use district. Staff noted that the variance.was needed to permit subdivision. The existing uses are permitted. This is a case which has come before the Planning and Development Board before, which was approved, .but which theBoard of Zoning Appeals had difficulty with because of the lack of street frontage of one of the proposed parcels. Granting the variance would require use of :an existing right-of-way. The fire department has no reservations. regarding possible fire'.:hazard. The staff recommended approval of the a ppeal for variances for :. both parcels, since there was now evidence that a right-of-way was being I P & D MINUTES 11 November 1977 Page.S. granted for the parcel lacking frontage. Mr. Hildreth MOVED to recommend approval. Mr. Bordoni seconded. CARRIED unanimously. 1181: Request by Richard Dennis for .an area variance under Section 30.25 to permit use of a second dwelling.unit in the structure at 121 Hudson Street. The secod unit had been added by .a previous owner without a variance or building permit. The property is deficient in width at.street line, front yard, and both side yards. The property is located in an R-3b use district. Staff said the use was both appropriate and permitted in this neighborhood, that there was adequate off-streetparking,, and recommended approval, noting that the proposed use would have minimal impact on the neighborhood. Ms. , Kay Kordziel, a next door neighbor, said she.preferred that only, one family occupy the house,. noting that the house is only two feet away from her pro- perty. She said she did„not think there was adequate parking. Mr. Dennis noted. that the building has been used as a two-family building for at least . four years. There are two garage spaces. He said that bringing this back to a one-unit house would require major renovations, and that he was inte- rested in upgrading the property. Mr. Don Hinman of 135 Hudson Street said he was. also worried about.parking in .,the area. Mr. Gus Lambrou,.- speaking for a neighbor who resides at 119 Hudson Street noted.that parking is a major. problem. in that neighborhood and that he, too, would like to see the house returned to a one-family dwelling Mr. Bordoni asked how much park- ing was actually provided behind the property. Mr Dennis said there is room. for two cars He noted.that whether the .house was occupied by one family or two,..there would be threee bedrooms: Mr. Lambrou said the party for.whom he .was _speaking had been interested in buying the house but was. told he could not have two apartments in the house, and. did not think this was. fair. . Mrs. Kordziel said thatYecause of the way the property:was divided, there might be a problem getting down the driveway, to reach the two-car garage. Mr. Dennis said he was willing to go by the .Board's recommendations but that he had been able to move his car through the driveway, and the he "-considered the driveway accessible. Ms. Benson noted that it was an area variance. bei:ng requiested, and that the use.is, in fact, permitted. Parking, she added is.provided in sufficient quan- tity to satisfy requirements. She noted thatif the dwelling were a single unit, it would still be non conforming as to coverage, and that the same number of people would:. occuply the house whether the variance were granted or not The parking,demand,. therefore, would be similar. Mr. Dennis said he was willing to,accept the' variance conditional on having. no more than four persons occupying the building as tenants. Mr. Bordoni said he would like to study the matter. further, Ms. Benson said the parking problem of which the neighbors: complained would not be solved by returning, the house to a onelunit dwe.l.1ing. Mr.-Bordoni suggested referring this to committee with the power to act so that futther study could be undertaken. Mr. Van Cort P & D MINUTES. 11 November 1977 Page 6 Said the Board of Zoning Appeals :could place the .proposed four-person re- striction on the variance. Mr. Hoard noted that this could be done through the. apartment registration mechanism. Mr. Dennis said he was currently in the process of rehabilitating the building. Mr. Fuller said that if parking would not be affected one -way or another, he MOVED that the Board recommend approval., on the condition that no more than four persons occupy the house and that this be noted on the apartment registration certificate.. Mr. Ail dreth. seconded. ` .Mr. Fuller also noted that he would appreciate Mr. Hinman's presentatiAg the parking problem to the Board at a later date to be studied in depth.. In.the vote which followed,_ Messrs. Hildreth and Fuller were in favor, . Mr.. Bordoni opposed. CARRIED. Mr. Fuller then MOVED that at its next meeting, the Planning and Development Board hear neighborhood concerns about parking.in the South Hill area. Mr. Sordoni seconded. CARRIED unanimously. The item will be placed on the.Decem- , ber agenda, and Mr. Hinman will be notified of the date .of the December meeting. 1182:, Request by Benedetto and Filomena .LaRocca for an area variance to convert the single-family dwelling at 908 Tioga Street to a two-family dwelling. The property is deficient in both side yards, and the lot coverage by the existing buildings exceeds the maximum permitted in the R-2b district in which the property is located. Staff noted that the building is presently occupied by one family. The use Is 'permitted.:and appropriate, but coverage,is 58% where 35% is allowed. Ade- quate .parking seems available on the side of the lot. Coverage, however, would have an adverse effect on the neighborhood. Ronald House, a neighbor at 904 N. Tioga asked whether the building had already been converted. Mr. Van Cort replied that it had not, and that the owners were seeking permission to convert. Mr. House noted that there is .a building behind the house as well. Mr. Sordoni recommended denial on the grounds of adverse neighborhood impact and because a large number of homes in that neighborhood have already been converted. He felt that allowing another conversion would be in o . osi- tion to the tenets of the recently-•passed, zoning ordinance. . Mr. Hildreth seconded. CARRIED unanimously. .1183: Request by Beverly and William Everts for an area variance to restore the building at 406-408 East Lincoln Street to a two-family dwelling. The property is deficient in required front yard and one side-yard. One unit, the 408 side, has been condemned by the Building department since October 10, 1974, thus losing its status as a legal non-conforming structure. The property is located in an R-2b use district: Staff .noted tat the site has adequate parking, and .that the second unit is presently:in existence, though, unoppupied.. The building has some historic significance, and .the `staff recommended approval. Mrs. Everts said that re- search done by .Carol' S.isler, of Historic Ithaca; indicated that Ezra Cornell owned that parcel,. and may have built.:the house;. The abstract she has goes P & D MINUTES 11 November 1977 Page 7 back to 1882: She said she would like to restore the building, since it is structurally sound. She said she had consulted the Building Commissioner before purchasing the. house, and that he had said there would be no problem in bringing the unit back to use. The lot is 99 feet deep. ` The ceiling in the unoccupied unit must be raised, or the second story may be used for storage rather than living space. She described the building as being. a story and a half. Mr. Hildreth MOVED that, since this was already a two family dwelling, the Board recommend approval. Mr. Bordoni seconded.. CARRIED unanimously. 1184: . Request by Albert D. Kelly for an area variance to expand the restaurant at 319 Taughannock Boulevard on the south side, resulting in a.three .foot wide side yard. A minimum of five feet is required for a side yard in the M--1 use district in which the building is lo- cated. Staff recommended in favor of the variance. It was noted that the appellant claimed addition was needed to satisfy Health Department requirements. Ms. Meyer said that the required side yard seemed unnecessary in that area. Mr. Bordoni MOVED to recommend approval and to send a message to the Board of Zoning Appeals 'noting that Mr. Kelly had been a credit to the area, and that denying this request would be discouraging to others wishing to improve the inlet area. Mr. Fuller seconded. CARRIED unanimously. Appeal 1185: Request by Louis. Nezvesky for a use variance to. use the premises at 129 West Fall Street for a veterinary clinic. The property is located in an R-2b use district. Staff was divided on this appeal. The property is .in some ways unsuitable to residential use in its present form. All the buildings are either indus- trial or commercial. The appellant proposes to buy several parcels, .demolish some buildings and improve one. The street is a dead-end residential street, but is. very near Route 13. There are no` .existing residential uses immediate- ly adjacent. However, a shortage of housing now exists in the city. The appellant will not be boarding any animals, and all animals will be housed inside buildings. Dr. Nezvesky employs six people, and treats. an average of 25 animals per .day by appointment. This is not a neighborhood service use. One member of th,e staff recommended further study. Ms. Benson noted that a committee of the Planning and Development Board visited.Dr. Nezvesky's office on Friday afternoon. Dr. .Nezvesky explained exactly what he planned to do with each parcel of land; including refurbishing a house, removing an existing shed and landscaping. He said there would be no outside runs for animals, and that he was planning to put related offices in the existing buildings, such as records storage and medical supplies. He will provide sufficient off street parking and there would be no offensive odors or noise. Mr. Ray McElwee, the present owner- of the property, gave a short history of the property, and noted that if the parcels were combined, coverage would all withinrequirements. He said that tax bills presently lump several of.the parcels together. Mr. P & ,D MINUTES .11 November 1977 Page 8 Fuller noted that he had looked at the property, and. that several of the lots seem to: run into each other. Mr. John Liston (?) a neighbor, said he felt the. neighborhood would be improved if all proposed provisions were carried out. Dr. Nezvesky assured him they would be. Mr. Liston asked whether , there would be a driveway along Loncoln Street. Dr. Nezvesky said he had no plans for this, but that he might at some future date parcel the .land into residential lots. Mr. Bordoni MOVED that the board recommend approval. Mr. Fuller seconded:. Mr. William Donohue, closest. neighbor to the property, said he had no objection to the proposed uses.. CARRIED unanimously. 6. Communications. Mr. Van .Cort, reminded the group of the letter -from Mrs. Wells regarding 222 South Geneva Street. A communication from the Mayor stated that there would.be .a meeting of the Planning and Development Comiui:ttee of Common Council to discuss Columbia Street .Annex property on November 29. Ms. Benson urged Board members to at— tend. Mr.. Fuller agreed to attend the meeting as a representative of the Board. Mr.' Van Cort.noted that letters had been received from both Mr. Ray Van Houtte and Mr. Kenneth Myersin recogxiti6m of letters they had received commending them:for the contributions of their banks to improving downtown. He read a letter from Teresa Troy asking tha a -traffic light be installed in the corner of Meadow and Green` Streets. He has asked that her request".be. read at the : next Common Council meeting,- and then'fowarded to the BPW. Mr. Van Cort noted that there had been a letter from Mark Whitmarch asking about the cost of the Elmira Road project. He said he. had.replied to Mr. Whitmarsh and had given him a full. breakdoren of the.. costs. There was also . a letter from the Ithaca Landmarks .Preservation Commission notifying the Board that they had voted .to designate the Strand Theatre a landmark. This will go to the Cormon Council and then be referred to the Planning and De— velopment-Board e-velopment Board for its recommendation. 7. Comm i.ttee ,report: There was a report from the Codes and Ordinances Com- mittee which.was .read along with. discussion of zoning appeal 1174. 8 Old .bus.iness, a: East State Street traffic. Mr. Van Cort read the following memorandum from the Planning and Development, staff to .the Board- Staff has-made initial contact with NYSDot to determine what actions , might be undertaken. to redue or eliminate theproblems, of truck traf— fic _through the residential areas on East State. DoT indicates the „i.mmediate 'alternaitves as being. (1) rerouting the trucks, or (2) re— quiring reduced speeds. DoT is not optimistic about the feasibility of either alternative. There does not immediately appear. to 'be an acceptable alternative route, and the, longer the route, the more municipalities must be consulted. for approval.. Reduced speeds `(and :use of:aoaer:gears cin.. P & D MINUTES 11 November 1977 Page 9 On steep grades.) are already in effect through a combination of city and state signage; auch action would in any case likely increase the duration a truck's noise would be audible, and lowering, ,speed would aggravate other traffic problems. Any special study by DoT to determine other feasible alternatives will likely have to wait until after Route 96 is built (or killed) , when they will undertake a TOPICS-type study of the entire area. However, they have requested 1974-77 accident statistics for that stretch,, in case more urgency can be attached to the situation. We have asked .the Police Department to assemble this data. Town Planner Fabbroni indicates that there is no indication of problems on the part of Town residents along Slaterville Road, presently. We will reportata later date when developments indicate. He said he had also written to Chief of Police Herson asking for traffic statistics on East State Street. b. Columbia Street Annex property and South Hill Park. Mr. Van Cort noted that the nexl�publkcat-i-on would be for two-thirds of the last year's entitle- ment. Funds can also be applied for through UDAG and Small Cities programs, but we will be in competition with other cities on these. In order to be eli- gible for UDAG, the city must be delared economically distressed. HUD has not finished printing all the regulations and the applications are due by mid- January. The staff has been concentrating on programs with an immediate ef- fect. HUD is now requiring community participation in preparing the applica- tions, and is specifying the membership of a community advisory committee. Council will have to take final action on the application. While the city is not anxious to add yet another board, this one is required. Mr. Fuller said that most of the Planning and Development Board's time seems to be taken up in zoning appeals, and not much is devoted to planning and de- velopment issues. He said he would appreciate being informed about planning issues which are �in..the works c. Future publications. Mr. Van Cort informed the Board that the depart- ment's "Policy and Project Report" will be ready next month. He also showed mock-ups of the forthcoming peripheral streets report, which has been titled "Kaleidescope Ithaca_," and the Commons hand-out, an eight=.page pamphlet which will satisfy the need for information on the Commons. Ms. Benson stressed the 'importance of publishing such a pamphlet since there has been combined public and private investment of $15,000,000 in the Commons. She also direct- ed the executive committee of the Board to 'look into any threats to the wel- fare of the Commons. Mr. Fuller said he was concerned with what the Board can do to promote de- velopment interest in Ithaca itself, and said he would like the Board to in- vestigate actions which can be taken to preserve downtown. He noted that the P & D MINUTES 11 November 1977 Page 10 DoT had ruled the Pyramid bus legal, and suggested the Board ask Council and the city attorney to explore other means of dealing with the bus issue. Mr. Bordoni suggested Board members familiarize themselves with the Ithaca Center project and promote this as an alternative to suburban malls. Mr. Fuller suggested the Board meet with representatives of the DIBA to discuss what they are interested in doing, Ms. Benson directed the executive committee to do this. At 10:30 Mr. Bordoni moved to adjourn the meeting. Meeting adjourned.