HomeMy WebLinkAboutMN-PDB-1988-02-23 Planning and Development Board
Minutes — February 23, 1988
Present: Chair Blumenthal, S. Jackson, M. Sampson, J. Daley,
T. Cookingham, S. Killeen. Director H. M. Van Cort,
Planner J. Meigs . Press, appellants, other interested
parties.
1. The meeting was called to order at 7 : 35 p.m.
2 . Privilege of the Floor: no requests .
3. Zoning Appeals :
Mr. Cookingham, Chair of the Codes and Administration
Committee, reported that the Committee reviewed this
month's zoning appeals . Regarding appeals 1815, 1821,
1822, 1823, and 1825, the Committee recommends passage to
the Board of Zoning Appeals without comment or
recommendation.
The Committee wished to comment regarding Appeal #1824, 326
N. Geneva St. - request for a use and area variance for
deficient off-street parking and lot area, excessive lot
coverage by buildings, and deficient set backs for two
front yards and the rear yard to permit the use of the
building for professional offices . The Committee would
like to suggest that the BZA consider whether rezoning the
property, rather than issuance of a use variance, would be
a more appropriate course since the proposed use is so
different from those permitted as-of-right in this zone.
Regarding Appeal #1820, the Committee further requested
deferral of this request for an accessory apartment at 1001
Giles Street. The information supplied was insufficient;
it was not shown that the apartment met the regulations as
specified in the Ordinance. Other concerns noted: the
house is not owner-occupied at this time and no information
was received showing the location of the proposed
apartment. The Committee asks for deferral until complete
information on which to base a recommendation is received.
J. Daley, seconded by M. Sampson, moved to accept the
Committee's recommendation. Vote: 6-0-0. Motion carried.
Planning & Development Board
. Minutes - 2/23/88 (continued) : -2-
4. Preliminary Subdivision - 306 Elm St. /Clynes.
The subject subdivision had been deferred from the January
meeting to allow Mr. Clynes to address the Board. Mr.
Clynes stated that he is attempting to sell approximately
3.5 acres, fronting on Haller Blvd. as a single parcel.
The sale is contingent on approval of the subdivision
request.
Mr. Cookingham stated that two actions are required by the
Board: approval. of the findings . of the environmental
assessment form prepared by staff and approval of the
preliminary plat as submitted by the applicant.
The Board discussed briefly the various options for
building on ,the 3.5 acre lot. Mr. Van Cort commented that
no further subdivision could occur (and thus no further
development) without another specific action by the
Planning Board.
Betsy Darlington, Chair of the Conservation Advisory
Council, was present. She asked if the neighborhood
residents had been notified. Ms. Blumenthal explained the
new rules regarding subdivision review which were passed by
Council in February (notification of residents, posting on
the property, legal notice) . Mr. Clynes also pointed out
that "for sale" signs had been posted on the parcel for
sometime; this would have somewhat the same effect. It
wasnoted however that none of the subdivisions before the
Board on this date are affected by the new regulations .
Mrs. Darlington also asked if the new buyer would need
permission to remove trees and foliage from the property.
Director Van Cort stated that there is nothing in the City
regulations prohibiting tree removal as long as no building
permit is involved.
T. Cookingham moved, seconded by J. Daley, to adopt the
determination of No Significant Effect on the Environment
resolution as prepared by staff.
Director Van Cort noted for the record that under State
Environmental Law the Planning Board must be the Lead
Agency in subdivisions . Mr. Daley suggested that it would
be desirable to receive a formal recommendation from the
CAC on this and all other matters before the Board
involving environmental review since they review all
environmental assessments. Since this would in effect be a
new policy affecting a .range of actions, not subdivisions
alone, it was decided that it should be taken up as such
later in the agenda. Vote on Cookingham's motion: 6-0-0.
Carried.
Planning & Development Board
Minutes - 2/23/88 (continued) : -3-.
J. Daley then moved to grant Preliminary Subdivision
Approval for the proposal by Mr. Clynes . Seconded by T.
Cookingham. Vote: 6-0-0. Motion carried.
5. Preliminary Subdivision: Continental Journey's End Corp.
./356 Elmira Rd.
Bruce E. Appel, Landscape Architect, appeared before the
Board to answer questions regarding the subdivision. Also
present were Amanda Crowley, Esq. , representing Mr. Manos
and Dirk Galbraith, Esq. , representing Mr. and, Mrs.
Zikakis. Mr. Galbraith was present to clarify transactions
regarding the prior subdivision of this area. Mr. Appel
stated that the Board at their last meeting requested
additional information regarding three items : ( 1) transfer
of property from Zikakis to Manos; (2 ) acquisition of a 15 '
strip from Sunoco property; (3) additional EAF issues.
Mr. Appel stated information has been submitted as fully as
possible; he is seeking final approval at tonight's
meeting.
Mr. Meigs informed Mr. Appel that final approval could not
be given this evening because formal written application
had not been received and the public hearing was not
advertised. Mr. Appel expressed dismay stating that as far
as he was aware his firm had supplied the final
information/documentation that was requested. Mr. Meigs
said he received information addressing the environmental
questions . However, information received concerning the
property transfers still left question as to how the
transfer resulted in a different property configuration
from the Zikakis subdivision approved by the Board in
1986 . He stated that he had tried unsuccessfully to verify
the property information; and that it would be in the
interests of Zikakis, and others involved in transfers of
portions of this property to insure that the original
subdivision had been properly filed.
The question of drainage was addressed; Mr. Meigs said this
topic was discussed with the City Engineer and it is his
belief, that if properly dealt with, the subdivision would
not cause further drainage problems . Regarding the 15 '
strip from Sunoco, it was determined that this would not
cause non-conformity to the remaining Sunoco acreage. The
issue remaining is the configuration of the Zikakis
subdivision.
Amanda Crowley, Esq. addressed the Board. She represented
Mr. Manos when he conveyed the parcel to. Continental
Journey's End and she is familiar with the transaction.
She, too, believed final approval would be granted this
Planning & Development Board
Minutes - 2/23/88 (continued) : -4-
evening; she was under the impression that all of the
Board's concerns as specified at the last meeting were
addressed. She presented a survey map prepared by John
McNeill in July 1987 upon which the transfer was based.
Apparently, the approved map was not recorded after the
Zikakis subdivision, and was subsequently revised to show
the shape of the parcel sold by Zikakis to Manos.
Dirk Galbraith, Esq. , representing Mr. and Mr. Zikakis,
explained that in April 1986 when the Zikakis' first
application to subdivide was made the Zikakis ' intended to
purchase a 7 acre parcel from the Commercial Av. property
of the Marion estate, and then convey a . 892 acre portion
of it to Mr. Manos . He asserted that the problem developed
when, as a condition of the final subdivision approval, a
drainage ditch was realined; as a result, the boundary of
the parcel Mr. Manos would later acquire changed slightly.
The boundary change subsequently was overlooked; had it
been discovered at that time, Mr. Galbraith would have
returned to the Board to ask for a modification of the
subdivision request. He believes this describes the
discrepancy. (Ms. Crowley interjected that the acreage of
this parcel, as now being discussed, is actually .919
acres . )
David Nummer, Journey' s End representative, asked that the
company be allowed to proceed with construction to meet an
opening date of July 1 . , Mr. Meigs stated that although
documentation was received by the cut-off date, the
information submitted left items unanswered and further
details were needed. Therefore, final approval could not
be considered at this meeting.
Mr. Cookingham stated he saw no major problems in the
environmental assessment and that the property line
adjustment has been satisfactorily explained. After
further discussion it was decided to submit the final
documentation to all Board members so that they may make a
determination; review and approval by the City Engineer
should be completed because this area does involve a sub-
surface drainage way.
Betsy Darlington raised questions regarding the EAF,
vegetation, drainage, traffic, parking spaces, and access .
Ms . Darlington felt the EAF was unsatisfactorily answered
and should be redone.
Concluding the discussion,Chair Blumenthal stated that she
would send a memorandum to the Building Commissioner giving
the status of the subdivision request to date and will
advertise the Final Subdivision Approval for the next
Planning & Development Board
Minutes - 2/23/88 (continued) : -5-
Board meeting of March 10, , 1988. She .requested Mr. Appel to
attend the March 10 meeting and to contact Mr. Meigs in the
interim should further information need to be exchanged.
6.. Preliminary Subdivision: Hector St. & Campbell Av./Garcia.
Thomas G. Miller, Consulting Engineer, represented Mr.
Garcia. He stated that Mr. Garcia is seeking preliminary
plat approval to subdivide the parcel into 14 building lots
all of which conform to the zoning requirements.
Director Van Cort stated that the environmentalassessment
form was completed using the state form, not the city's .
This presents a substantive problem because our form asks
some questions not included on the state version. In view
of the fact that this is a large subdivision for Ithaca,
the Board needs to make an informed decision as to whether
this should proceed to a Draft Environmental Impact
Statement or whether at the completion of the EAF a
negative declaration would result.
Discussion followed regarding the grade of the cul de sac
included in the proposal. Mr. Miller stated that by
altering the cul de sac they would be unable to meet the
curvature requirements of the subdivision regulations.
There is a problem regarding the title to the adjoining
property; (formerly Hector St. r.o.w. ) ownership is unclear
and he believes Mr. Garcia has no rights in that area. Mr.
Miller participated in the nearby McLean subdivision,
however, wherein it was determined that title extended to
the center of the former street.
Ms . Darlington stated that the CAC . received a copy of the
environmental assessment form and she felt questions were
improperly answered; she recommended reworking the entire
form. She stated that this site is one of the richest and
most diverse habitats in the city; animal and bird life
abound; some trees on this parcel are in excess of 50 years
of age. She believes this .proposal most assuredly will
require an Environmental Impact Statement.
Frank Mazurek, 405 Campbell Av. , expressed his concern for
the ecology of the area, increased traffic, and the problem
of drainage which a project of this size might exacerbate.
He opposes the subdivision request.
S. Killeen staged he would like to see the city
environmental assessment form completed and reviewed by the
CAC and research undertaken regarding water/drainage in
connection with the proposed road system.
Planning & Development Board
Minutes - 2/23/88 (continued) : -6-
Motion was made by S. Killeen, seconded by J. Daley, to
defer preliminary approval pending receipt of the EAF (city
form) as above discussed. Vote: 6-0-0 . Carried. (Letter
of explanation to be sent to the applicant outlining the
Board's concerns. )
7 . Rezoning "Watt" Lot: The Board is required to make. a
recommendation regarding rezoning the Watt lot prior to the
public hearing scheduled for the March Common Council
meeting. There was a brief discussion of the history of
this request; in December 1987 the Board voted 4-2 in favor
of rezoning the Northside area to R-2b excluding the Watt
lot. Mr. Jackson said that the negative votes at that time
were in the hope that there would be an R-2c classification
that would be appropriate to the lot. The status of the R-
2c zoning designation was requested. Mr. Van Cort informed
the Board that the description has been written and it is
proceeding through the legislative process . He stated that
as an alternative it is possible that the Watt lot could be
rezoned to something like R-2c with a land use contract
agreement (a similar mechanism was used for the Ramada
tower) .
The Codes and Administration Committee recommends to the
Planning Board rezoning of the Watt lot from B-2a to R-2b.
Motion was made by S. Jackson, Iseconded by S. Killeen, to
approve the Committee recommendation. Vote: 4-yes, 2-no
(Daley, Cookingham) . Carried.
8 . Committee Report: Codes and Administration.
Mr. Cookingham reported that the Committee is continuing
discussion of improvements to the subdivision procedures
and is working with staff toward this end. Ms . Blumenthal
asked for a vote regarding mandatory attendance by
applicants at meetings where their subdivision request is
scheduled for discussion. The Board directed inclusion of
the following in the applicants' instructions : the P&D
Board requires the presence of the applicant(s) or his/ her
representative at the initial meeting where preliminary
subdivision approval is discussed; additionally,
applicant's presence may be required for the public hearing
where final subdivision is discussed. (Final approval
attendance may be waived at the discretion of the Board if
conditions warrant. )
T. Cookingham moved, seconded by S. Jackson, to adopt as
policy the attendance requirement as stated. Vote: 6-0-
0. Carried.
Planning & Development Board
Minutes - 2/23/88 (continued) : -7-
9 . Committee Report: Housing, Neighborhoods, and Facilities.
The Committee discussed the proposed Housing Commission.
Two possible configurations are being considered; one model
would be broadly constituted and would address the full
package of actions presented to Council from the strategic
housing plan plus other responsibilities relating to
housing in the city. A second model would be a rental
housing commission . dealing with rental stabilization.
The Committee also discussed with Leslie Chatterton the
position of Historic Preservation/Neighborhood Planner.
10. Director's Report:
H. M. Van Cort reported on a series of neighborhood
meetings he has been conducting. The meetings are going ,
very well with intense discussions regarding growth
management, traffic, parking, problems with Cornell, etc.
The Board requested a summary of the neighborhood
discussions.
Mr. Van Cort gave a brief report on the alienation
process. The city proposes to take certain areas
designated as parkland, remove the park designation, and
substitute other parcels for that land which would then be
designated 'park' . The EAF for this project is being
completed at this time. Mr. Van Cort commented on a memo
from Betsy Darlington regarding her concerns about the EAF
process. S. Killeen recommended that a committee review
the Darlington memo. S. Jackson stated that the Economic
Development and Transportation Committee will review the
alienation process and report to the Board.
11. Chairman's Report:
(a) S. Blumenthal mentioned the rescheduled meeting with
Cornell for March 10, 1988. and requested Board attendance.
She will invite the Mayor to attend as well . Public
hearings for the Clynes and Continental Journey' s End Motel
subdivisions will also be held at this meeting.
(b) Ms. Blumenthal informed the Board that Cornell will
present a model of the Theory Center in early March; the
Board opted to attend Cornell 's public presentation rather
than request Cornell to make a special presentation to
them.
(c) Liaison requests have been received from BZA Chair
Michael Tomlan and from CAC Chair Betsy Darlington.
Discussion followed regarding the BZA liaison - such role
could be filled by one individual or it could be rotated
among Board representatives so as not to cause an excessive
burden on one. The liaison need only attend those meetings
when the Board's view/reasoning on a particular appeal
Planning & Development Board
Minutes - 2/23/88 (continued) : -8-
should be expressed to the BZA. Mr. Daley agreed to attend
the March 7 BZA meeting as liaison. in addition, as a
reciprocal measure, Chair Blumenthal is to request a BZA
liaison to attend the Planning Board meetings .
For the time being, J. Daley will also act as CAC liaison
(either directly or indirectly) .
(d) Site Plan Review: A second draft is in progress and
will be completed shortly. The second draft incorporates
suggestions from the Planning staff and the Building
Department. A discussion by the Board is anticipated for
the March meeting.
(e) CAC Recommendations : J. Daley would like to receive
formal recommendations from the CAC regarding environmental
assessments. This would allow the conservationists ' point
of view to be taken into account during Board
deliberations . Timing is critical and the mechanism to
accomplish this review needs work and research. Codes and
Administration Committee will pursue this topic.
12 . BPW/Daley: Mr. Daley mentioned that every license now
issued by the Board of Public Works has to have an
environmental assessment; this consumes a great. deal of BPW
time.
13. P&D Committee/S. Killeen: Mr. Killeen reported that the
Planning and Development Committee is meeting twice a
month (2nd and 4th Wednesdays) . He reviewed the Agenda for
the Feb. 24 meeting and commented briefly on each topic.
14. Approval of Minutes: Motion was made, seconded, and
carried to approve the December 1987 minutes as amended
(Memo of S. Blumenthal to Board dated 2/18/88) , and the
January 1988 minutes.
15. Board Goals: Ms. Blumenthal asked the Board to contemplate
what the Board's focus should be for the remainder of the
year. Suggestions included: housing sites as identified
in the strategic plan; neighborhood issues (internal
concerns as well as broader issues) ; change in zoning
regulations from number of units to number of bedrooms;
dispersing future development throughout the city making a
more equitable distribution in each neighborhood; further
definition of housing needs . Discussion of goals to
continue.
16 . Meeting adjourned - 10 : 50 p.m.
/mc
CITY OF ITHACA
108 EAST GREEN STREET
ITHACA, NEW YORK 14850
DEPARTMENT OF - TELEPHONE:272-1713
PLANNING&DEVELOPMENT CODE 607
H.MATTHYS VAN CORT.DIRECTOR
TO: Board of Zoning Appeals
FROM: Board of Planning and Development"
RE: Zoning Appeals 1820 -25
DATE: February 24, 1988
This Board's Codes committee met February 17 to review
referenced appeals on the March BZA agenda, and took action or
commented as reported below. At its February 23 meeting, this report -
was endorsed by the Board.
Appeal 1820, for a Special Permit for an accessoryapartment at
1001 Giles Street, lacked the information called for under. § 30.278,
preventing the committee from making any determination. The committee
recommends that the Board request deferral of Appeal 1820 until the
required information is made available for consideration.
The committee determined that Appeals 1821 , 1822, 1823 and 1825
do not involve matters of citywide or long range planning, and passes
them to the Board of Zoning Appeals for action, without comment. ,
While Appeal 1824 would not necessarily have substantial
impacts, it is another instance in which appropriateness of the
proposed nonconforming use is at such variance with uses permitted
that granting the appeal as requested could have the effect of changing
the zoning for this one property. The appeal is for a business office
(not 'Professional offices' as stated in. the legal ad); wF ERout more
specificity as to type of- business, portion of the premises involved,
etc. , something very different from a quiet, '.one man' activity could
become the major tenant of the premises.
JM:eh
xc:T. Cookingham
J. Daley
0-hd-BZA1820-25.JM
be-T. Hoard
"An Equal Op",In ity Employe.,,.im an Affirmative Action Program"