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HomeMy WebLinkAboutPublic Hearing 2/6/1986; Reg Mtg. Minutes 2/17/1986; Spec Mtg. Minutes 2/27/1986MINUTES of a Public Hearing, duly published and posted, held February 6, 1986 at 7:00 p.m. in the Village Hall to consider a proposal to open a restaurant in the Community Corners. PRESENT: Mayor F.G. Marcham; Trustees Anderson, Bennett, Camp, Kira, Pimentel; Zoning Officer Rogers. ABSENT: Trustee Fleming OTHERS PRESENT: Buchanan Johnson, proprieter, Creme de la Creme. The following is a provisional motion with the understanding that there will be formal confirmation at the February meeting of the Board; A permit was issued to Mr. Buchanan Johnson to operate a bakery /restaurant subject to the following conditions: (1) The hours of operation are to be 9 a.m. to 7 p.m. daily, Thursday and Saturday evenings -to 10 p.m. (2) To be operated as a specialty carry -out restaurant with no table service. (3) There will be no cooking or food preparations on the premises. (4) A coffee maker, microwave- warming oven, cooler and dishwasher are to be the only pieces of equipment. (5) Foods that may be served are bakery goods, soups, solids, coffee, light lunches and desserts. (6) Permit is to be issued for one year, renewable upon application to and approved by the Board of Trustees. (7) Permit is issued to the operator, Buchanan Johnson and is not transfer - ab able. F. G. Marcham Mayor MINUTES of a regular meeting of the Board of Trustees of the Village of Cayuga Heights held February 17, 1986 at 7:30 p.m. in the Village Hall. PRESENT: Trustees Bennett, Fleming. OTHERS PRESENT: Attorney Hines, David Allen, Mack Travis, Bob Flumerfelt, J.J. Solomon, Peggy Livengood, Jane McCarthy, Louise Boyle, Tibby Mc Lafferty, Kate Newman, Midge Wilson. Attorney Hines appeared once again before the Board to hear its decision con- cerning a request'for subdivision of Westview Apartments as:�presented by him at the January meeting. After lengthy discussion concerning issues of ownership of Country Club Road, proposed boundary lines, percent of land coverage, etc., the Board instructed Attorney Sovocool to study the abstract of title pertain- ing to Country Club Road to determine ownership, a copy.of which was given him by Attorney Hines, and also to draft the wording of a resolution to include such terms as would be pertinent to the 75 -foot minimum frontage on a public road re- quirement, the question of common ownership of the two parcels - should the 106- IN MINUTES of regular meeting - 2/17/86 property be divided - within a specified time period and the improvement of Country Club Road if certain conditions relating to ownership are not met within a specified time frame. In the meantime, Attorney Hines stated he will review the matter with the sellers of the property with a view toward a possible, single transaction regarding the sale of the entire parcel. The Board set a tentative date of February 27 for a special meeting to discuss the matter. Bob Flumerfelt presented his Engineering Report for the Sidewalk Repair Program, copies of which had been distributed by.him to Trustees, and after discussion of questions concerning alternative materials for sidewalk replacement and re- surfacing, criteria for spacing between sidewalk sections.and safety, the Board tabled the issue for further discussion at the special meeting scheduled for the week of February 24th. A request from Peggy Livengood for permission to resume operation-of J.J.'s Cafe, in her name, under the same terms was denied pending public hearing. The Board agreed to schedule .a public hearing for 7:15 p.m. March 17, 19864 Mayor Marcham called the regular meeting to order. Motion made by Trustee Pimentel, seconded by Trustee Kira: VOTED to approve the minutes of a Public Hearing held January 20, 1986 with the inclusion of a statement from Mrs. Susan McCutcheon, a neighbor of Professor . Vanek, so as to present her point of view that Professor Vanek!s•solarz devices which she views from her kitchen window are not as objectionable to her as the Westview garages which she views from another part of her house. ALSO VOTED to approve the minutes of a regular meeting held January 20, 1986 with the following correction per Trustee Camp: to delete the words followint "he had not done so" in that part of the Mayor's.report pertaining to the-Stearns and Wheler contract based on Trustee Camp's statement that he did not request that the Board reconsider the terms outlined in'their contract but instead that S & W should be asked to give a breakdown of their estimated costs for each of the 7 items for their second phase study. ALSO VOTED to approve the minutes of a Public Hearing held February 6, 1986 as previously furnished Trustees in Xerox form. Unanimously passed. Trustee Anderson Voting Yes Trustee Kira Voting Yes Trustee Camp Voting Yes Trustee Pimentel Voting Yes Motion made by Trustee Pimentel, seconded by Trustee Kira: VOTED to approve the Abstract of'Audited Vouchers dated February 17, 1986 in the following amounts: General Fund - $16,414.27; Sewer Fund - $12,521.29. Unanimously passed. Trustee Anderson Voting Yes Trustee Kira Voting Yes Trustee Camp'. Voting Yes Trustee Pimentel Voting Yes In connection with the proposed Local Law to amend.the Sign Ordinance,.the Mayor read a letter from Patricia Reed of Gallery One Twenty -One in which she stated her opposition to the proposed Local Law. The Board heard comments from the floor in opposition to a Sign Ordinance which would restrict the use of signs placed in windows which are designed to be read from the outside, i.e., signs advertising MINUTES of Regular Meeting - 2/17/86 sales or sale items. The Attorney warned against incorporating arbitrary regu- lations which might be difficult for the Zoning Officer to enforce and stated that the ordinance should be very clear about what the Board wishes to accom- plish in regard to regulating such indoor signs. Discussion ensued concerning proposed Local 'Laws No. 2 and No. '3 - regulation of installation of satellite antennas and solar energy devices. The Attorney stated that since these issues are in an evolving state of the art, and.the Board must make a start, he suggested putting an ordinance into effect with a view toward making changes as the Board becomes more familiar with it. A suggestion that a limit be set of a 3 -foot diameter for satellite dishes with a screen of fence or wall plus foliage will be incorporated in the draft. The Attorney will also review the law adopted by the Town of Ithaca regarding satellite dishes. The Board deferred action on the Local Laws until the March meeting. Mayor Marcham read his report and placed it on file. Motion made by Trustee Pimentel, seconded by Trustee Anderson: RESOLUTION 3673 - APPOINT MADISON WRIGHT TO EMC VOTED to reappoint Madison Wright to the Environmental Management Council as a representative of the Village for another term. Unanimously passed. Trustee Anderson Voting Yes Trustee Kira Voting Yes Trustee Camp . Voting Yes Trustee Pimentel Voting Yes Motion made by Trustee Anderson, seconded by Trustee Camp: RESOLUTION 3674 - CONFIRM APPROVAL TO ISSUE PERMIT TO JOHNSON VOTED to confirm approval to issue a permit to Buchanan Johnson for the operation of a bakery /restaurant at the Corners Community Center subject to conditions set forth at the Public Hearing held February 6, 1986.'- Unanimously passed. Trustee Anderson Voting Yes Trustee Kira Voting Yes Trustee Camp Voting Yes Trustee Pimentel Voting Yes Motion made by Trustee Pimentel, seconded by Trustee Kira: RESOLUTION 3675 - APPROVE REFUND OF SEWER RENT CHARGE TO PERRY VOTED to approve a refund of $75.00 to Mr. Joseph Perry of 432. Winthrop Drive who stated in his letter that he purchased the property in June, 1985 and has maintained it as a single family residence since that time. Unanimously passed. Trustee Anderson Voting Yes Trustee Kira Voting Yes Trustee .Camp Voting Yes Trustee Pimentel Voting Yes /07 Minutes of Regular Meeting - 2/17/86 Trustee Kira, reporting for the Cayuga Heights Community Association, announced that the Association has made a gift of $1000 to the Cayuga Heights Police Benevolent Assoc, and $1000 to the Cayug Heights Fire Company N1 in appreciation of their outstanding service to persons who have been using the Center. Trustee Kira distributed to Trustees copies of a letter from Marilyn Grey, Exec. Director of the Tompkins County Senior Citizens' Council, Inc., in which she appeals for monetary'support from the Village for the programs and services pro- vided to Senior Citizens in the Northeast area. Ms. Grey states in her letter that community development money which is presently available will discontinue in March of 1987 at a loss to the Northeast Program of approximately $2560. Attorney Sovocool stated that tb make'a gift directly to the Senior Citizens' Council is not legal under New York law but that the Community Association could be used as a vehicle by which the Village could contribute funding assistance, if It so wished. The matter will be discussed further at the March meeting. Fire Chief Miller presented his written report and placed it on file. Motion made by Trustee Camp, seconded by Trustee Anderson: RESOLUTION 3676 - AUTHORIZATION OF $44,000 STATUTORY INSTALLMENT BOND (Copy Attached) Unanimously passed. Trustee Anderson Voting Yes Trustee Camp Voting Yes Trustee Kira Voting Yes Trustee Pimentel Voting Yes Acting Police Chief Wall presented his statistical report which has been filed. Engineer /ZO gave his report and filed it in the Village Office. Engineer Rogers presented three alternative plans to the Board for water service to Lowell Place with his recommendation that the Board approve the plan to extend the 6 -inch water main in E. Upland Road and use the existing lines in. Sheldon Road, the cost of which will be borne entirely by the developer. The Board approved the plan as outlined by the Engineer thereby permitting the developer to extend the line in E. Upland Road right of way under the condition that the affected area be returned to its former condition prior to construction, and once completed, to dedicate the line to the Village. The Attorney noted that the Village should secure from the developer, at the same time, a water line right of way in the northern part of the development on Lowell Place for possible future loop construction. The Engineer will seek final approval for this plan from the water commissioners. Motion made by Trustee Pimentel, seconded by Trustee Kria: RESOLUTION 3677 - APPROVE PURCHASE OF DUMP TRUCK FOR DPW VOTED to authorize the Engineer to place an order for a small dump truck at the state contract price of $10,566. Unanimously passed. , Trustee Anderson Voting Yes Trustee Camp Voting Yes Trustee Kira Voting Yes Trustee Pimentel Voting Yes *r* M MINUTES of Regular Meeting - 2/17/86 In connection with the Jessup Townhouse project, the Zoning Officer reported that application for building permit has been reviewed and approved by him and Fire Inspector Dymek and that the construction is being inspected on a regular basis. A permit will be issued, he stated, upon receipt of a letter from Cornell Uni- versity indicating firm commitment for the bike /walkway construction on Pleasant Grove Road. Zoning Officer Rogers reported that Joseph Ciaschi has requested a change in use from the original plans for his second retail /office building submitted to the Planning Board in July, 1985 ans approved by that Board in February, 1986. The Zoning Officer was instructed to issue a change in..use Zoning Permit to Mr. Ciaschi making it clear to him, however, that the-permit does not cover - approval for operation of a delicatessen which is indicated on the plan and is considered to be a restaurant, and as such requires permission from the Board of Trustees, as well as a Public Hearing. Meeting adjourned 11:05 p.m. Anne o td�L Village Clerk 14IINUTES of a Special Meeting of the Board of Trustees of the Village of Cayuga Heights held February 27, 1986 at 7:30 p.m. in the Village Hall. ' PRESENT: Mayor F.G. Marcham; Trustees Anderson, Bennett, Camp, Fleming, Kira, Pimentel; Attorney Sovocool; Engineer /ZO Rogers. OTHER PRESENT: Attorney Hines, Bob Flumerfelt, Brian How, Paul Ankrum. Attorney Hines proposed the division of the Westview Associates property at 400 Triphammer Road as indicated on a previously submitted survey dated 2/4/86 and stamped with the seal of George Schlecht, P.E. and L.S. After discussion by the Board and owners' representative, Attorney Sovocool read the draft of a permit to authorize the division which contained provisions that must be met if its division goes forward and if, after division, the property is re- united in one piece. Motion made by Trustee Pimentel, seconded by Trustee Kira: RESOLUTION 3678 - PERMIT ISSUED TO WESTVIEW ASSOCIATES FOR PROPERTY DIVISION VOTED to direct the Zoning Officer to issue a permit as stated in Section 19 of the Zoning Ordinance for the division of the Westview Associates property at 1100 Trip- hammer Road subject to the following conditions and further, to authorize the Mayor to sign subdivision permit as provided in its final form by Attorney Sovocool: A) Parcel B on said subdivision map does not have any frontage on any public street of the Village as required by Section 7 b. of the Ordinances of the Village. West- ' view Affiliates, Inc. has represented to the Village that the subdivided parcel B will be conveyed subsequently to the same owner of record as parcel A. This sub- division into parcels A and B is hereby approved on the condition that both parcel A and B will be owned by the same record title owners no later than July 1, 1989, and to be considered thereafter as one parcel. Any subsequent subdivisions must have Village approval. Q /, MINUTES OF SPECIAL MEETING - 2/27/86 B) In the event that parcel B is not conveyed prior to July 1, 1989, to the same record title owner as parcel A, then the owner of parcel B is to secure good and marketable title to a portion of Country Club Road as shown on a map of the sub- division of the Country Club Road property made by Carl Crandall, dated May 1, 1925, amended December 17, 1925 and filed February 23, 1926, said portion to run from the present westerly end of Country Club Road conveyed to the Village of Cayuga Heights by deed dated September 29, 1952 and recorded in the Tompkins County Clerk's Office in Book 353 of Deeds at page 189 and running westerly therefrom for 285 feet. The owner of parcel B is to then convey said land to the Village of Cayuga Heights for street purposes, so that parcel B would have a frontage of, at least, 75 Peet on the public street. The said street is to be improved according to specifications of the Village in effect at that time. C) In the event that said road is not conveyed to the Village and improved as specified above, by July 1, 1990, then the Village of Cayuga Heights may acquire said title and improve said road and charge the cost thereof to the owner of parcel B, including the actual cost, together with an additional 50% thereof to cover Village supervision and overhead costs. It is understood that this subdivision approval shall be recorded in the Tompkins County Clerk's Office as notice to any subsequent purchaser of parcel B. Unanimously passed. Trustee Anderson ' Voting Yes Trustee Bennett Voting Yes Trustee Camp Voting Yes Trustee Fleming Voting Yes Trustee Kira Voting Yes Trustee Pimentel Voting Yes After a discussion of Engineer Flumerfelt's sidewalk report, Trustee.Camp moved Trustee Bennett that there should be a target.of 25% sidewalk re- ' and seconded placement and that Engineer Flumerfelt be charged with determining what 25% should be replaced. Motion was defeated. Trustees Camp and Bennett Voted Yes. Trustees Anderson, Kira, Pimentel Voted No. Trustee Fleming abstained. Trustee Anderson Voting No Trustee Bennett Voting Yes Trustee Camp Voting Yes Trustee Fleming Abstained Trustee Kira Voting No Trustee Pimentel Voting No Motion made by Trustee Kira, seconded by Trustee Anderson: RESOLUTION 3679 - ACCEPTANCE OF FLUMERFELT SIDEWALK REPORT VOTED to accept Engineer Flumerfelt's sidewalk reprrt dated January 31, 1986 and that approximately 59% of the sidewalk in the proposed sidewalk district be re- placed as quickly as possible. Trustee Anderson Voting Yes Trustee Bennett Voting Yes Trustee Camp Voting No Trustee Fleming Voting Yes Trustee Kira Voting Yes Trustee Pimentel Voting Yes Meeting adjourned 9:30 p.m. F.G. Marcham Mayor IJo