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HomeMy WebLinkAboutReg Mtg. Minutes 5/12/1950M MINUTES of a regular meetiftg of the Village Board held on Friday, May 12, 1950 at 7 :30 P.Id. in the schoolhouse. PRESENT: C. J. Kenerson, Mayor W. S, Randal, Trustee C. I. Sayles, Trustee Sherwood Holt, Trustee L. C. Kent, Trustee C. H. Guise, Treasurer Carl Crandall, Engineer H. J. Shirey, Police Justice 1. The meeting was called to order by Mayor Kenerson who greeted the 32 residents of the Village who represented a portion of the signers of a petition to the Trustees to prevent the construction of an apartment house dt 709 Triphammer Road. Petitions as filed with the Clerk indicated a total of 70 signatures. Of these 58 were residents of the Village and 12 live outside the Village. Prof. Freeman requested a reading of that portion of the minutes of the meeting of Feb. 7th having to do with the Village Trustee action in connection with the construction , of'the apartment house. -These minutes were read by the Clerk. '_drs. C. I. Sayles inquired whether or not this action of the Trustees constituted a contract. Mr. Shirey stated that in his opinion a contract did.exist to permit the construction of the apartment house, inasmuch as the company had*been furnished a copy of the Trustee action of Feb. 7th and had immediately acted thereon by proceeding with actual plans and clearing the site. It was estimated the company had spent from 15 to 20 thousand dollars and Mr. Shirey said that if the Village refused to give water and sewer connections at this time the company could sue the Village for damages. Prof. E. L. Palmer spoke of his desire'to make a park 4"L 4„,X_ of t:rle area and perhaps deeding it over to the Village at some future date. Prof. Freeman stated that Mr. Indelicate had'told him that if he, Indelicato, had known of the opposition to this 39 development he would have sold out and constructed at another site. Mrs. Sailor spoke of her disapproval of the project, stating that there was a fire hazard there and that she was contemplating selling her house and moving array as a result. Engineer. Crandall said that an error was made when the Village was first formed in placing the eastern boundary of the Village in the center of Triphammer Road; that it would have been much better if the boundary had been a few hundred Beet east of Triphammer Road thus permitting similar zoning for both sides of the highway. Engineer Crandall gave the historical background of. sewer connections, stating that the 81ty had always respected the wishes of the Village in what they wanted in the way of sewer and water connections and likewise the Village had respected the wishes of those outside the Village for sewer and water connections when it was possible. He said the primary interest of the Trustees in allowing these sewer connections on the fringe of the Village was a health measure for the protection of the people in the Village by preventing the affluent from septic tanks from flowing into Village streams and gutters. Mayor Kenerson mentioned. that the Village had been troubled by pollution of streams from septic tanks outside the Village as far back as 1929. Trustee Sayles suggested that an effort be made to get the Town of Ithaca to adopt a zoning ordinance for the territory on the Village fringe. He said'that if the people in the vicinity of the proposed apartment house wished to get together and buy the company out that was their privilege, but that the Village legally could not do it. It was suggested that the Village should have had a.referendum of the residents of the Village in connection with the granting of the permit for sewer and water connections and that they hhould have a referendum in the M, future for all proposed connections. Prof. L. P. Wilson stated that he was opposed to the apartment house but that he was a former.member of the Board and realized how their business was carried on. He ' said that in no town or village or city in the country that he knew of was it customary to obtain referendums in cases of this kind and he thought the Board had acted in entire good faith and Judgment in the matter. Engineer Crandall pointed out that as far as the water connection was concerned there was plenty of water to supply the apartment house without decreasing the supply or pressure to any resident of the Village. E. A. Whiting stated that he was pleased to note so much interest in Village affairs as evidenced by the attendance, and called attention to the fact that at the last annual meeting he was the only resident of the Village outside of the Board and Officers in attendance and admitted that the only reason he was there was because he had to attend as Chairman of ' the ?nominating Committee. He thought a better attendance at annual meetings and village elections would be helpful to the Board and highly educational to the voters. His remarks were met with applause. Trustee Holt stated that he was opposed to the apartment house but he called attention to the fact that the Village Dias no control whatsoever over construction outside of the Village and that there is no zoning ordinance in any part of the Town of Ithaca. ?is pointed out that there was nothing to prevent the construction on the east side of Triphammer Road of gafages, stores, gas stations, or junk yards, and that aside from an individual residence an apartment house was much more desirable than many other things that might be built. Mayor Kenerson mentioned that the new ' proposed hospital could be built on Triphammer Road, that it was a. very desirable location and that the Village would be powerless r� s y o . 4. The Clerk was requested to read,the petition.received in connection with the proposed new apartment house on Triphammer. Road, which was done. IT WAS VOTED that the petition as.rea.d be placed on file. Mr. Shirey stated that the Village minutes of Feb*. 7th were to prevent it. Mr. Woodcock inquired if the visitors present might adjourn to another room and discuss the matter and thus permit the'Board to continue with its regular business. Mayor Kenerson said. that this was entirely feasible and invited any of those present to either adjourn to another room or to remain with the Board while they completed their regular business. Thus at 8 :45,the Board started its regular meeting. 2. The minutes of the April 3rd meeting were read and approved. 3., The following bills paid on authority of the Mayor were approved: GENERAL Ithaca Journal 5.86 POLICE FIRE & WATER City of Ithaca. 1.00 ' SANITATION W. D. Lyme 15.07 Stevens Service Station 3.3 College Chevrolet Co'. 1 .8E City of Ithaca 56.06 N.Y State Dent. of Public Works 2.88 W. D. Lyme 12.71 HIGHWAYS 14• D. Lyme 15.07 Stevens Service Station 3.32 N.Y.State Elec. & Gas - Apr.lights 180.23 Mrs. Frank Haskins 23.00 Jim's Fix -it Shop 20.50 College Chevrolet Co. 17.83 City of Ithaca 20.02 Arthur Machen 39.40 General Crushed Stone Co. 33.57 W. D• Lyme 12.771 C J Rum e 3 C 9 69 s y o . 4. The Clerk was requested to read,the petition.received in connection with the proposed new apartment house on Triphammer. Road, which was done. IT WAS VOTED that the petition as.rea.d be placed on file. Mr. Shirey stated that the Village minutes of Feb*. 7th were 42' legally binding and that.if we refused to let the company connect they could sue the Village for dawages. The question was.raised as to whether or not it woizld be legally possible to extend the limits of the Village to take in properties bordering on the east of Triphammer Road and it was decided that this should be Investigated. Trustee Holt,said that if we refused permission to the Highland Road Construction Co. to connect with the sewer it was his opinion that they could still construct the apartment house and dispose of sewerage through chlorination. Engineer Crandall said that as he remembered the discussion back in February the primary reason the Trustees voted to let the company connect .was to protect the health of the residents of the Village and that the financial return was entirely minor. After further discussion IT.47AS VOTED that it would not be desirable for the Trustees at this time to break their contract with the Highland Road Construction Co. which contract was considered as consummated by the Village action on -Feb- 7th and the notification to the company of such action on Feb. 8th. IT :'AS VOTED that no sewer connections be allowed.in the future for new construction outside the Village unless such construction fell-within the limits of the Village zoning ordinance In effect for that part of the Village adjacent to the new construction. IT WAS VOTED•that the above resolution be recommended to all future Boards for observance. 5. Treasurer Guise reported a balance on hand as of -April jOtY. of ,"2,144.03. He reported that all payments on curbs and gutters on Northway Road that were due by April let have now been. paid. a J IT WAS VOTED to pay the City of Ithaca on June 10th the sewer rental invoice of 05,000 ani the fire service contract bill of Treasurer Guise stated that Informed of transfers of property 43 I the hydrant charge of $800, and 42,56$.50. he had difficulty in being and it was thought advisable that the Trustees write a new ordinance to cover the transfers of property so that the Village would know of changes. 6. The.Engineer reported that he was working on the new zoning ordinance and found it desirable to send out a questionnaire to all residents in zone 1 to get specific information from each as to the number of apartments that they had in their houses. It was noted that as a result of this two cases had already arisen of persons having three apartments. The Engineer reported that there was a break in the sewer line at Wyckoff and ISline Roads which was being repaired by the City but he stated that a major job would have to be done in this vicinity which had long been contemplated but would have to be let out on contract. He noted that there was sufficient funds in the. Water & Sewer Capital Reserve Fund to pay the cost of this. The Engineer reported that Harold Simpson had bought the late Mrs. Jane Neiman's house. 7. Trustee Sayles noted that rabies shots *.could be given at the school next Wednesday at 7 O'clock and recommended that the Village support this measure and get publicity in the newspaper. 9. Treasurer Guise and Clerk Trousdale recommended that we follow the State Auditor's suggestion that bound assessment books ' be used in the future and a sample book was passed out for the Inspection of the Trustees. IT WAS VOTED that the Village adopt the use of bound end 44 printed assessment books to replace the present loose leaf assess- ment roll and'thelr purchase was authorized. Clerk Trousdale said that the present loose leaf assessment roll would continue to be used in the future as a field book.so that comparative assess- . ments for years back would be readily available for use at the time of assessing properties and whatever assessment was decided upon would be noted in the field book and then copied.long hand in two copies of the bound assessment roll book. 9. The Clerk reported that lie had not yet heard from.County Health Officer Spring regarding revision of the milk and saftitation ordinances. The Clerk read a letter from Dr. Spring dated April 3rd regarding sanitary conditions in the vicinity of Sheldon Road. The Clerk read a letter from D. S. Perry 'in which he explained his desire for permits for himself and his son to pack cartridges. Following discussion IT WAS VOTED that the Clerk b'e authorized to issue licenses to pack cartridges and shells if in hie judgment such license is Justified following investigation by Police Officer 10. Mr. Shirey as Secretary of the Zoning Board of Appeals reported on the hearing held -on May 8th regarding Idrs. Cicchettils three apartment house on^Triphammer Road. Approximately to people attended and the Zoning Board reviewed her petition. Due to the fact that she had leases running to Sept. 1, 1951 the Zoning Board ruled that her house must be converted to a two apartment house by October 1, 1951; that if she did not convert by that date she would be subject to payment of a §`100 fine per day. Due to the lateness of the hour it was decided to consider the revision of the ordinances at the next meeting. 11. The time of the next meeting was set for June 6th and 1 4S. upon invitation of Mayor Kenerson it will be held at.his home. 12. Trustee Bayles invited all members of the Board,,the ' Officers and their wives to visit at Star Lake Inn on June 2.7, 2$2 and 29, stating that he would be.pleased to have them as his guests free of charge for a.24 hour.'pe.riod: The Board expressed its appreciation of the invitation of Trustee Sayles. 13. Adjourned at 10:50 P.M. Clerk. 1