HomeMy WebLinkAboutReg Mtg. Minutes 6/16/2003Minutes of Regular Meeting
June 16, 2003
Village of Cayuga Heights
Board of Trustees
Present: Mayor Lynn, Trustees Antil, McNeil, Staley, Kusse and Collyer,
Attorney Tyler, Fire Supt. Tamborclle, Police Chief Lansing, Supt. Cross,
Treasurer Silber, Deputy Clerk Kessler
Absent: Trustee Mount
Others: Graham Gillespie. Andrew Rappaport, and Thomas Hoard of Holt
Architects, Margot Chiuten, Trowbridge & Wolf, John Foote, Sigma Chi of Cornell
Alumni Assoc., Richard Baer, John Novarr, Margaret and Russell Zelko.
The Board of Trustees began by acting as the Planning Board for the Village
on previously scheduled matter, continued from the May 19, 2003 meeting.
At 7:00 pm, Mayor Lynn called for continuation of the site plan review for 106
Cayuga Heights Road (Sigma Chi Fraternity House).
Graham Gillespie of Holt Architects presented a revised plan with additions
requested and also reflecting the recent ZBA variance granted the beginning of the
month. He pointed out the deletion of parking along the driveway circle to assure
emergency vehicle access and revised parking area lay -out and vegetative buffer
area pursuant to a variance by the Village ZBA after its hearing on June 2, 2003.
Chief Lansing asked if the Police Dept. will be able to ticket cars. Atty. Tyler
commented that only by passage of a local law, unless the property owner consents.
The property would prefer the local law route be utilized.
Ray Staley asked if there was a time line on construction — It will begin this
summer — needs 6 -8 months. The fraternity residence has a temporary location
elsewhere for the 2003 -04 academic year.
Trustee Collyer asked if there would be any restrictions on use of stereo equipment
on the porch. That is up to the Fraternity per John Foote, President of Sigma Chi
Alumni Assoc. It is the intention of the landlord to enact a code of conduct with
the fraternity (master lease agreement with the undergraduate chapter). The code
of conduct will address the noise issue. Mr. Foote acknowledged the House
residents had not endeared themselves to the neighborhood in recent years and
expressed chagrin at the inconsiderate production of noise at loud, late -night parties
by the "Brothers ". Chief Lansing recounted his close to thirty years interaction as a
police officer with this property and offered to work with Mr. Foote to improve the
neighborhood situation. He noted some past years were good, others had been less
SO.
Trustee McNeil — Sigma Chi is not an "on campus" fraternity like many others but
rather is located in a residential neighborhood. She felt this distinction should be
acknowledged by the applicant.
Attorney Tyler noted that the applicant had agreed to widen the driveway
boundaries to 16 feet after a site visit by the Fire Dept. with its ladder truck on
Tuesday morning May 270'. The overhead utility wires to the building were to be
placed underground as part of the project.
Richard Thaler —joined this fraternity in the 1950's — gave a synopsis of the early
days of the fraternity and his experience as its social chairman.
John Novarr — having a Code of conduct is not as important as the enforcement of
that code.
The Mayor stated that this meeting was not the Public Hearing which had been
duly noticed, held at some length and then closed as to this site plan review at the
May 19, 2003 meeting. In order to give those neighbors in attendance a chance to
express themselves, he posed a question to them as a group —
Is the public satisfied or dissatisfied with the proposed changes? The neighbors
present collectively said that they were not satisfied with the plan without further
conditions being imposed.
Trustee Collier — the Village should consider establishing a noise ordinance instead
of relying on nuisance or disorderly conduct charges being brought against the
fraternity residents.
Chief Lansing reiterated that he would like to meet with the Fraternity to come up
with its new code of conduct and discuss enforcement issues when it is being
drafted. Mr. Foote agreed to do this.
The Mayor asked if the Planning Board was ready to proceed with the
Environmental Impact Review, under SEQRA (State Environmental Quality
Review Act).
Moved by Ann to pass Resolution 6019 to determine the environmental impact
of proposed Sigma Chi Addition /Alteration project at 106 Cayuga Heights
Road in the Village of Cayuga Heights.
Whereas, Sigma Chi Fraternity has proposed to reconstruct the interior ad
exterior of their existing residence hall, and
Whereas, the Village of Cayuga Heights Zoning Ordinance requires Site
Plan Review approval for such a construction activity, and
Whereas, the Village Planning Board is the lead agency responsible for
compliance with 6 NYCRR Part 617 State Environmental Quality Review Act
( SEQRA), and
Whereas, the proposed project is described as a Type 11 Action in Section
617.5.c.2 and now
Therefore, the Village of Cayuga Heights Planning Board hereby
determines that the proposed Sigma Chi project is not subject to SEQRA review.
Trustees Antil, Kusse, Collyer, McNeil and Staley voted YES.
Moved by Ann to pass Resolution 6020 to approve the Site Plan for the
proposed Sigma Chi Addition/Alteration project.
Whereas, Sigma Chi Fraternity has proposed to reconstruct their existing
residence hall, and
Whereas, the Village Zoning Ordinance requires the applicant to submit a
Site Plan for review by the Planning Board, and
Whereas, the Planning Board has considered, after Public Hearing, the
potential impacts of the project on the community and the environment, and
Whereas, Sigma Chi has submitted the required Site Plan and other
information for consideration by the Planning Board, and
Whereas, the Planning Board has reviewed the project and that any
negative impacts on the community or the environment are being mitigated by the
applicant, and
Whereas, the Planning Board has complied with the provisions of GML
Section 239M and has received positive comment to proceed on this application
from the County Planning Dept., and, now,
Therefore, the Village of Cayuga Heights Planning Board hereby approves
the Site Plan for the Sigma Chi project as submitted and modified by the applicant
and authorizes the Zoning Officer to issue a zoning/building permit for the project.
Trustees Antil, Kusse, Collyer, McNeil and Staley voted YES.
Discussion among the Board on the scope of the site plan approval process.
Superintendent Cross indicated the review was limited to external features of the
property and that the applicant has made a significant number of concessions in the
review process.
Richard Baer spontaneously thrust out from the audience stating that the whole
situation is preposterous. The fraternity won't spend a few thousand dollars to
ameliorate the noise situation with the addition of an air conditioning system.
Trustee Kusse asked Mr. Gillespie to clarify the issues of the air conditioner.
Gillespie says that it isn't included in the plans and does not think that it will solve
the noise problem.
Trustee Staley — what recourse do the neighbors have with the "landlord" after a
loud party? Chief Lansing/Attomey Tyler said that local laws can be drafted so the
police can prosecute the landlord (property owner) when there is a party that
disrupts the neighborhood.
Trustee Collyer moves to enter Executive Session at 8 :07 pm to receive advice of
counsel on the matter before the Planning Board, and on the scope and limitations
on this review now being considered.
Trustees Anti], Kusse, Collyer, McNeil and Staley voted YES.
Trustee Collyer moves to come out of Executive Session at 8:22 pm.
Trustees Antil, Kusse, Collyer, McNeil and Staley voted YES
Move to approve the Site Plan for the proposed Sigma Chi Addition/Alteration
project with an amend in the next to last Whereas" as follows:
Whereas, Sigma Chi Fraternity has proposed to reconstruct their existing residence
hall, and
Whereas, the Village Zoning Ordinance requires the applicant to submit a Site Pan
for review by the Planning Board, and
Whereas, the Planning Board has considered, after public hearing, the potential
impacts of the project on the community and the environment, and
Whereas, Sigma chi has submitted the required Site Plan and other information for
consideration y the Planning Board, and
Whereas, the Planning Board has reviewed the project and that any negative
impacts on the community or the environment are being mitigated by the applicant,
and
Whereas, the Planning Board has complied with the provisions of GML Section
239M and has received positive comment to proceed on this application from the
County Planning Dept., and now
Whereas the Planning Board has reviewed the project and that any negative
impacts on the community or the environment are being mitigated by the applicant,
and now...
Therefore, the Village of Cayuga heights Planning Board hereby approves the Site
Plan for the Sigma Chi project as submitted and modified by the applicant and
authorizes the Zoning Officer to issue a zoning/building permit for the project.
Trustees Antil, Kusse, Collyer, McNeil and Staley voted YES
None opposed, no abstentions,
There was an additional piece of Planning Board business regarding 412 E. Upland
Road before the regular meeting began. Superintendent Cross received
concurrence of the board to a minor alteration of the plan previously approved.
The regular meeting of the Board of Trustees was opened at 8:30 p.m. There was
no comment on Privilege of the Floor.
Trustee Kusse moved to approve the May minutes and the March minutes which
were previously not approved.
Trustees Antil, Kusse, Collyer, McNeil and Staley voted YES
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Report of the Mayor
It was discovered that the newsletter is not reaching all the residents of the Village.
It seems that rental properties are not presently on the mailing list. Trustee McNeil
stated that renters should be informed about the Village business, also. The Clerk
will look into making changes to the mailing list to include as many rental
properties as possible. We will send copies of the newsletters to Kendal of Ithaca
for their resident mailboxes.
The Red Cross is seeking donors.
The Village will have to advertise for a permissive referendum when the Board
passes the resolution to approve the proposed renovation project for Bolton Point.
If Bolton Point recommends extending their water to non - member municipalities,
the Board will have to vote on that, also. The Mayor may invite Paul Tunison of
Bolton Point to speak at the July Board meeting on these subjects.
The Working Supervisor position will be discussed in Executive Session.
Report of the Police Chief — Distributed to the Board.
May was a busy month. The trial on the Kendal "burglary" took place and the
suspect was found guilty of petit larceny.
There was more discussion on the school speed zone signs.
Report of the Fire Chief — Distributed to the Board.
The garden in front of the Fire Station is coming along nicely.
There is a pancake breakfast planned for next Sunday. All are invited to attend.
Supt. of Public Works — There has been a lot of activity lately with many site plan
reviews and Zoning Board issues. Treasurer Silber asked what +s -the average
amount of time is spent on a site plan review. Supt. Cross said that each plan
averages 20 -30 hours. Treasurer Silber suggests that we look at the fee ... it is
presently $100 per review.
Report of the Treasurer
Treasurer Silber reported that he would like to donate obsolete computers that are
in the Village vault to the Northeast Elementary School. There were no objections
from the Board.
The Treasurer presented the Abstract of Vouchers.
Trustee Kussee moved to accept the abstract as presented.
Trustees Antil, Kusse, Collyer, McNeil and Staley voted YES.
Report of the Attorney
Regarding the trickling filter project — Supt. Cross stated that a preliminary design
will be completed soon to be given to the DEC for approval. We will need to ask
for an approval.
The Time Warner franchise was approved to the PSC on May 29.
Trustee Kusse moved to enter Executive Session at 9:10 to discuss a personnel
issue.
Trustees Antil, Kusse, Collyer, McNeil and Staley voted YES.
Trustee Antil moved to end Executive Session at 9:53 pm.
Trustees Antil, Kusse, Collyer, McNeil and Staley voted YES.
Trustee Kusse moved to end the meeting at 9:54 pm.
Trustees Antil, Kusse, Collyer, McNeil and Staley voted YES.
Respectfully submitted,
Norma Manning, Clerk