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HomeMy WebLinkAboutMN-PDB-1988-03-22 Approved 4/26/88 Planning and Development Board Minutes March 22, 1988 Present: Chair Blumenthal, S. Jackson, M. Sampson, J. Daley, A. Yale, S. Killeen. Director Van Cort, J. Meigs, H. Jones, L. Chatterton. Appellants, Press, other interested parties. 1 . Call to Order: 7:30 p.m. 2. Zoning Appeals - The Codes & Administration Committee met March 16; they recommended that appeals 1830 and 1831 be discussed. Appeal 1820 held over from last month should have limited discussion. The Committee commented on Appeals 1826 and 1827 (see memo attached dated 3/22/88) . Appeals 1828, 1829, 1832-36 involve no matters of citywide concern and are passed to the BZA without comment or recommendation. Appeal 1820: Appeal of D. Lucenti for a Special Permit for an accessory apartment to permit addition of an apartment in the single family house now under construction at 1001 Giles Street. Mr. Lucenti was present. The Board considered the question of allowing an accessory apartment in new construction as compared to adding an apartment to an existing owner- occupied dwelling, in accordance with therTinance's intent. Mr. Daley felt that if the home-owner is aware of the restrictions of an accessory apartment and is willing to abide by them, he sees no problem with the request. Brief discussion followed regarding policy and the text of the Ordinance: it was argued that the primary intent of this legislation was to better utilize existing residential space, for example occupied by older persons who wished to remain in their home, but need less space than a growing family or supplementary income to help with expenses. Director Van Cort stated that better utilization of an existing building by creating a second apartment in it is only a part of the intent of the law. In addition, the accessory apartment provisions were generally intended to stimulate creation of small living units that could be supervised by the owner-occupant of the principal dwelling, which should help avoid some of the problems associated with absentee-owned property. S. Jackson moved to recommend to the BZA approval of a Special Permit for an accessory apartment at 1001 Giles Street. Seconded by S. Killeen. Vote: 6-0-0. Carried. Appeals 1830 and 1831 : Appeals of J. Crowley for a Special Permit for an accessory apartment at 96 Ithaca Road, and for Minutes March 22, 1988 Page 2 Area Variance for excessive lot coverage by buildings and deficient setbacks. Present to address this request were J. Crowley, appellant, and Albert Fortner, building designer. Mr. Crowley explained that he is proposing an addition to the north end of the existing structure; to have a two-car garage on the first floor and an accessory apartment above; "Dutch Colonial " style architecture will be used to compliment the existing structure. Lengthy discussion followed, regarding conformance with the intent of the Accessory Apartment Ordinance. This request differs from the Giles Street request (Appeal 1820) - albeit they both involve new construction - in that this request exacerbates the existing deficient setback and excessive lot coverage. Design of the proposed addition was questioned; the Ordinance is specific in stating conditions that are to be maintained when constructing accessory apartments. Mr. Meigs read from the Ordinance for clarification: "If an accessory apartment is located in the main building, the entry of the building and its design shall be such that the appearance of the building shall remain as a single-family residence. New or additional front entrances or windows are discouraged but in any event must be in keeping with the architectural style of the rest of the structure, . . ." . Exterior changes may be referred by the BZA to the Design Review Board. New or additional front entrances must have the approval of the DRB. Van Cort stated that it was his understanding the above provisions were enacted at least in part to prevent inappropriate alterations to existing structures. Mr. Crowley answered questions regarding the appearance which will be presented to the neighborhood. Mr. Jackson said the question is whether the excessive lot coverage justifies the proposed apartment for this area. Peter Brown, 326 Mitchell Street, and Peggy Robinson, 324 Mitchell Street, expressed their concern regarding the excessive lot coverage and apparent change to the character of the building. They felt the addition would be massive and overwhelming to the next-door property. J. Meigs stated that regarding zoning regulation, the Accessory Apartment permit regulations state that the terms of the Zoning Ordinance shall be liberally construed in favor of granting a permit unless the BZA finds that such granting would have a negative impact on the surrounding area. This proposal had been reviewed by the DRB which found it acceptable in design terms; it could be somewhat improved by more attention to details which would unite the addition with the existing building. The design treatment of the space above the existing Minutes March 22, 1988 Page 3 garage has not been totally decided on but as a concept the DRB felt this proposal was acceptable. Mr. Crowley commented on the suggestion of the DRB to place a portico over the door facing the house across the street. Also, he wishes to orient the house more toward Ithaca Rd. by landscaping and planting trees to isolate the view. J. Daley moved to recommend to the BZA approval of the permit for an accessory apartment at 96 Ithaca Rd. Seconded by A. Yale. Vote: 3-yes, 1-no (Blumenthal ) , 2-abstentions (Jackson, Sampson) . Regarding Appeal 1831 the Board has no comment. Motion made by J. Daley, seconded by S. Jackson to accept the Codes & Administration report (memo dated 3/22/88) as supplemented by the preceding discussion and recommendations. Approved unanimously. 3. Subdivision Proposal - Coddington Road/Wells: Appellant L. Wells and Architect J. Loveall were present. Mr. Wells is requesting subdivision of property at 140 Coddington Road (1 .5 acres) into 6 parcels. Mr. Loveall stated all parcels will conform to existing zoning regulation. The plan proposes a cul de sac on the property which will be constructed by the developer and then ownership relinguished to the City (if the City so desires) . Discussion followed regarding construction and maintenance of a water main and sewer line. The City Engineer has been informed of the proposal and his comments are being sought. Mr. Daley said many questions regarding infrastructure are addressed in the Ordinance. Questions concerning the maximum number of units allowed (12, as proposed) and off-street parking (23 spaces proposed) were addressed. CAC comments were reviewed - issues raised concerned meeting city specifications for the cul de sac, square footage of paved surfaces and ground cover (discrepancy in computation) , views and vistas involved (negative answer by developer) , location of off-street parking, landscaping proposed, solid waste disposal , and necessary governmental approvals. Residents of the area were present: L. Bonanni , 148 Coddington Rd. , Paul Porter, 141 Coddington Rd., T. Yengo, 145 Coddington Rd. Mr. Porter questioned parking (on-site parking will be provided) . Mr. Bonanni stated if the development conforms to all regulations he has no objection. Discussion of the environmental assessment followed; the City portion is not complete and environmental questions raised need to be addressed before the Board can proceed. Mr. Meigs said Minutes March 22, 1988 Page 4 that initial review of this development indicates a potential large impact on the neighborhood. Preliminary approval cannot be granted until the environmental assessment is complete. J. Daley moved to refer this request to a subcommittee for further recommendation. Seconded by S. Jackson. Vote: 6-0-0. (Clarification: At April Board meeting determination should be made of "no significant impact" or conversely to request a full DEIS for the proposal . ) 4. Subdivision Proposal - West Hill/Garcia: Appellant S. Garcia and T. G. Miller, consulting engineer, were present. Mr. Garcia explained the changes to the initial proposal : cul de sac grade has been reduced to 10%; local EAF form has been completed. The CAC report was reviewed by Chair, Betsy Darlington. She stated the CAC has several broad concerns including removal of vegetation and wild life, soil erosion, the slope, and the stream running inside the south border. They feel an EIS should be done. A subcommittee met to discuss the EAF in greater detail . They concluded that if substantial modifications were made an EIS might not be necessary. A meeting with neighborhood residents disclosed a possible traffic problem when wintry conditions exist; Taylor Place is often too slippery for travel under certain weather conditions. R. Schlather addressed the question of the legality of the cul de sac since it is not included in the Master Plan (1971) . Van Cort asked Alderman Schlather whether he felt that Council approval was needed for acceptance by the P & D Board of a cul- de-sac if it were not designated as a City street. This question will be researched further by the City Attorney. The neighborhood group is requesting a DEIS. The developer and consulting engineer requested a "scoping session" to determine definite questions for their response. Mr. Van Cort suggested including the CAC, Planning Board, and interested neighbors. The meeting is scheduled for Tuesday, March 29, 4:00 p.m. in Council Chambers. S. Jackson moved that the development as proposed will or may have a significant impact on the environment thus requiring preparation of a Draft Environmental Impact Statement. Reasons for requesting a DEIS included questions raised regarding storm water runoff, distraction of wildlife habitat, street grades, fire access/safety and soil erosion. Seconded by S. Killeen. Vote: 6-0-0. Carried. 5. Preliminary Subdivision - Precision Filters, CSIP: H. Jones explained the requested subdivision - Precision Filters agreed Minutes March 22, 1988 Page 5 to relinquish the parcel facing the Inlet upon which they were negotiating a lease for another parcel in the Park (parcels A & B, 2 acres - as shown on map) . The terms of the lease agreement are basically the same. S. Jackson asked why the employment maintenance language recently adopted by Council was not in the new lease. The Common Council felt that the above mentioned language should not be required since Precision Filters is not a new tenant. Council suggested that Precision Filters might voluntarily include the language in the lease. Discussion followed regarding the lease terms, cost per acre, job creation, new lease versus old lease, generic environmental assessment. S. Killeen moved to recommend preliminary/ conditional approval of the subdivision. Vote: 5-0-1 (abstention, Jackson) . Carried. 6. East Hill Local Historic Designation: L. Chatterton referred to the EAF prepared for this matter. As of tonight, the CAC had not received a copy and therefore their comments are unknown. Ms. Chatterton defined the district boundaries and explained the color-coded map designation for each property. It is the hope of Ithaca Landmarks Preservation Committee to expand the City's local districts so that they meet the boundaries of the National Register District. Positive impacts of local designation include protection of historically and architechturally significant residential buildings, protection of the positive visual qualities unique to the neighborhood, neighborhood stabilization and increased value of single family homes, and support/encouragement of rehabilitation of the City's older building stock. S. Jackson felt that the Board should not make a recommendation without CAC commentary. This matter was discussed bringing forth the following: the neighborhood supports designation; time is of the essence (protection of the neighborhood) ; B. Darlington suggested the ILPC is better qualified than CAC to review the environmental issues of this project; A. Yale felt Darlington's comment overrides Jackson's concerns; S. Blumenthal stated though Jackson is procedurally correct, nothing is gained by delaying for one month the Board's recommendation. S. Killeen moved, seconded by S. Jackson, to recommend approval of the Resolution - East Hill Local Historic Designation - Determination of Non-Significance to Council . Vote: 6-0-0. Carried. 7. Site Plan Review: S. Blumenthal referred to the second draft of the Site Plan Review document. Director Van Cort stated that a series of meetings were held with Planning staff and the Minutes March 22, 1988 Page 6 Building Commissioner to review the document and incorporate revisions into the 2nd draft. The 2nd draft is now being edited and a 3rd version will follow. Mr. Van Cort suggested to the Board possible actions at this time: refer 2nd draft to Council now; refer to Council now reserving the right to make further recommendations; refer the 3rd draft to a sub-committee and make a recommendation next month. The ensuing discussion addressed the applicability clause and the exceptions to the site plan ordinance. S. Jackson felt that use of a property should not be listed as an exception. Director Van Cort stated that in the Ordinance a balance must be reached between benefits derived from regulation and costs to the appellant and City. J. Daley stated that the Board could make a discretion- ary ruling of exception if circumstances so warranted. The Environmental Review paragraph needs revision - each project will require an EAF. Mr. Jackson stated that it seems Site Plan Review is just another layer of bureaucracy without authority. He believes (from a recent court decision) that the Board is not allowed to deny certain requests. Director Van Cort stated that the Board can set pertinent and reasonable conditions as are proper and necessary. Mr. Meigs said that Zoning regulations and site plan review are two separate enabling legislation methods. Subdivision is aimed at the orderly development of the City; Site Plan Review is aimed at appropriate compatibility as well as (to some extent) the resulting physical impact. S. Killeen believes site plan review should be used as a guide, a negotiating tool . S. Jackson inquired if the questions asked by Site Plan Review could not be included in environmental assessment. It was deemed it would not be the proper format. Director Van Cort stated that a site plan ordinance can only address the arrangement and configuration of sites; Site Plan Review does not supersede zoning regulations. The amount of staff time which Site Plan Review will require was again mentioned. A. Yale asked if an estimate of the time involved could be determined and projected through Building Department records. Site Plan Review is referred back to Committee for work on a 3rd draft; S. Killeen and B. Darlington to join in further discussion. 8. Community Development 1988/1989: Mr. Van Cort referred to the revised schedule for the Community Development application. Submissions are needed by April 19; Council action by May 4; application deadline is May 16. The City is seeking small businesses in need of expansion and needing some help (approximately $5,000 per job created) for inclusion in the application. Minutes March 22, 1988 Page 7 9. Front Yard Parking Ordinance: The version before the Board for recommendation is the result of many meetings and changes. S. Killeen moved, seconded by A. Yale, to recommend approval to Common Council . Vote: 5-1-0 (No, Daley) . Carried. 10. Committee Reports: Housing, Neighborhoods, and Facilities: A. Yale reported on 2 topics - the role of the neighborhood planner and the proposed Housing Commission. Regarding the neighborhood planner position, four steps were mentioned to further the interaction between the neighborhoods and the Planning Department: (1 ) A monthly newsletter, (2) An information sheet explaining the role of neighborhood planner to be sent to Civic Associations, (3) A semi-annual forum, and (4) Use of the Cable 13 bulletin board to publicize non-regular meetings which concern neighborhoods. The question of the monthly newsletter and the semi-annual forum were sent back to Committee for further review; the remaining 2 items were endorsed. Regarding the Housing Commission, it needs to be determined if this is to be a housing commission or a rental housing commission. P. Mazzarella is to provide information regarding rental housing for the committee's review. 11 . Motion made by S. Jackson to nominate J. Daley as liaison to the Ithaca Farmers' Market. Seconded by Killeen. Vote: Unanimously in favor. 12. Director's Report: Director Van Cort reported on comment by Ralph Nash regarding a Valentine Four resolution which the Board wished to have filed in the County Clerk 's Office. Attorney Nash does not believe the Board has the authority to file the Resolution with the Deed since there was no subdivision. Further, it would complicate transfer of title. Because of the questionable legality of this filing with the County Clerk, he recommends against the recording. The Board discussed the possibility of filing the document with the Building Department property records. However, current Board procedures have no provisions for checking the property records when a subdivision request is presented to the Planning Board. Director Van Cort will pursue this topic further with the City Attorney. Reference was made to the City Attorney's memo regarding Board members' liability in the matter of legal damages. As individuals who act as municipal officers, the Board members might be held liable when monetary awards are given. The City, however, is insured against such claims. Minutes March 22, 1988 Page 8 13. Chair Report: S. Blumenthal distributed to the Board a letter to Vice President Burness, Cornell University, thanking him and the other Cornell officials for their participation in the March 10 discussion with the Planning Board. Suggested minor revisions will be made and the letter transmitted. 14. Ice Hockey Rink (Cass Park) : Chair Blumenthal distributed a copy of an article and drawing of the proposed new ice rink at Cass Park which appeared in The Ithaca Journal . Her concern is the design of the proposed addition and its incompatibility to the existing rink building. She believes that since this is located on City land and will be a highly visible structure, the City should have some input regarding the design features. J. Daley reported that the BPW accepted in concept the Hockey Association's proposal but were not presented with a design of the building. S. Killeen believes the article and sketch were published for fund raising purposes; he thinks Board comment now would be premature - he would not like to see the effort clouded or dampened; there will be sufficient time for review. In addition, this topic is on the Planning and Development Committee Agenda for March 23 and he will pass the Board's design concerns on for consideration. Van Cort suggested that the proposed design could be referred to the Design Review Board for comment. Further discussion next month. 15. Liaison Reports: Board of Public Works - J. Daley. No report. Planning and Development Committee - S. Killeen. Planning and Development Committee will likely approve Public Works interim parks' commission. - This is an attempt to deal with Stewart Park issues but there are broader implications. He feels the City should meet with other planning boards to be aware of events happening which may affect the City and vice versa. Other topics on the P & D Committee Agenda were mentioned: Land Use for City-owned Property (old water and sewer site) , Residential Parking Permit System - Resubmission to the State. 16. Approval of Minutes: Minutes of February 22, 1988 approved unanimously. 17. Ronsvalle Decision: Reference was made to the decision by Honorable William Ellison in the Ronsvalle subdivision matter. Some members of the Board stated that they wish to appeal the decision and to hire specialized Counsel . Mr. Daley believes to accept the decision would be detrimental to the Minutes March 22, 1988 Page 9 long-term interests of the City. S. Jackson feels that the Judge's decision was very adverse and took an extremely narrow viewpoint of the Board's authority; it is important to challenge the ruling. He also suggested hiring an attorney with expertise on appeals. The time limit regarding a Notice of Intent to Appeal was questioned and if the City is to appeal , the Notice must be timely filed to reserve the right to appeal . Chair Blumenthal will research the timing matter. Discussion of this matter to continue. 18. Adjournment - 11 :45 p.m. 0-hd-Minutes.Ev IT �q cO. ...... �°ORAtED 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 MEMORANDUM To: Board of Zoning Appeals , From: Board of Planning and Development _ Re: Appeals 1826-36 N Date: March 22, 1988 This Board's Codes and Administration committee reviewed subject appeals March 16th, and recommends as follows : That appeals 1830 and 31 be discussed at this Board' s meeting March 22nd, and the report thereon transmitted to the Board of Zoning Appeals for consideration at its April 4th meeting, together with a report on appeal 1820, which was deferred to the March 22nd meeting. That appeal 1826, for Use Variance to permit relocation of Evaporated Metal Films, Inc . from 701 Spencer Rd. to 214 Elmira Rd. , within a B-5 zone, be passed to BZA for action with no specific recommendation, but with the comment that there are much more appropriate locations, such as in the Cherry Street Industrial Park, for this type of use. That appeal 1827 , for extension of nonconforming use at 120 Third Street, in an R-2b zone, be passed to the BZA for action without specific recommendation, but with the comment that this appeal seems to be more properly a matter of a Use Variance, since the proposed use would be a separate, new use of the premises; and would require the more rigorous examination and proofs for initiation of a new nonconforming use. That appeals 1828, 1829 , 1832-36 involve no matters of citywide or long-range planning concern, and should be passed to BZA for action without comment or recommendation. 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