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HomeMy WebLinkAboutSpec Mtg. Minutes 7/26/1965, 8/12/1965; Public Hearing 8/12/1965162 RESOLUTION 742 - BETTUCCI & MITCHELL CAR WASH OPERATION VOTED to request Bettucci and Mitchell to present to the Board a full description of car -wash operation or appropriate plans for building in. dicating exterior plans, water consumption, advertising, etc. iF * iE After discussing proposed Amendment to Zoning Ordinance by changing Section 11 on trailers, it was decided to consult further with Village Attorney before taking action. Mayor Marchem presented the request from Tompkins County Department of Health regarding a temporary hook -up to the Village sewer system by Howard Johnson's complex on Route 13, Town of Lansing. RESOLUTION 743 - HOWARD JOHNSON'S TEMPORARY SEWER HOOK -UP VOTED to authorize a temporary connection of Howard Johnson's Complex, Town of Lansing to the Village Sewer System for a period of 60 days, subject to renewal and inspection and approval by our Village Engineer. 9F 9F iF RESOLUTION 744 - INCREASE PETTY CASH FUND VOTED to increase the Clerk's Petty Cash Fund from $25.00 to $50.00. iF iE iF 1 After discussing the use of the copier for making free copies by the Police Department to use in inter - police cooperation, Mr. Robert T. Dean offered to give the Police Department a copier which he is no longer using but which is in good working condition. VOTED to approve Abstract of Audited Vouchers dated July 9, 1965 in the following amount: General. Fund $22,692.53-(includes $20,000 transfer to Tax Stabilization Reserve Fund); Sewer Fund $773.09; Capital Fund $43,98;•Trust & Agency $1,551.90• Meeting adjourned at 6:30 P.M. 0 '_ Vera W. Snyder 79/65 Village Clerk MINUTES of a Special Meeting of the Board of Trustees held in the Village Office on July 26, 1965 at 4:30 P.M. PRESENT: Mayor Frederick G. Marcham Trustees John Bebbington, Jr. Taylor D. Lewis David C. Weatherby Zoning Officer John B. Rogers Treasurer Gordon B. Wheeler Attorney Roger B. Sovocool Cornell Officials John Burton and Attorney Stamp Reporters Nordheimer- Ithaca Journal and Brodeur - Cornell News Bureau 7/26/65 163 Mayor Marcham reviewed the history of the zoning of the old country club property from 1959, at which time the University acquired the property, part being zoned residential and part multiple housing. Cornell paid taxes in 1960 on the portion zoned residential and was exempt from taxation on the portion zoned multiple housing. In 1961, at the request of Cornell, the entire property was zoned multiple housing and was exempt from taxation, it being agreed by the University that they planned to use the area for dormitory accommodations and student recreation. He then read a summary of the meeting held July 14th which was attended by John Burton and Neal Stamp representing the University and Trustee Robert Dean and himself representing the Village. Mr. Stamp commenting on the summary said he wished to point out the used for an educational institution to decide what particular facility is necessary to educational use, and that a municipal board cannot substitute its judgment for the board of educational institution. We do not claim, he said, an absolute unfettered right to determine what facilities. We recognize the need for set - backs, off -street parking and other regulatory aspects. The point is we are not contending that the Village Board has no power of regulation. We think they do have and should, but what we do contend is that the regulation should be a reasonable regulation of the area. We think we must be free, as a land- owner, to use our own discretion as to how we use our property. The issue before us is one of whether the University has a right to exercise its own discretion in determining what type of facility it wants to put on this particular tract of land. ' He gave the history from Cornell angle of what the University considers its legal position. We purchased land in 1957, Country Club continued occupancy until 1959 when we claimed for tax exemption. Then part was zoned multiple housing and,.part was residential..�.We'.were granted exemption for multiple housing area but not residential section. Rezoning applied for we were advised tax exemption would be considered. In 1960 area was rezoned and we received tax exemption. The Executive Committee of the Cornell Board of Trustees adopted a resolution stating it was the University's intent to use this area for student housing, Mr. Stamp said, our intent is still student housing for the main area. Plans are now in process, but for the land across Jessup Road in the City of Ithaca not in the Village. Mr. Stamp explained in detail the problems of parking and the need to construct peripheral parking lots, to be served by a bus system. '. He then presented the plans for a 600 -car parking lot for present needs and future lot for a total of 1200 cars. The University intended to start July 13 to have the lot in shape for use in September. Mr. Stamp stated he had consulted a firm of lawyers in Syracuse, Bonn Schoeneck and King, who have had experience along these lines with Syracuse University for an opinion. A copy of the opinion is to be included in these minutes. After a discussion of plot plan etc. Cornell officials left. INews Bureau Reporter Brodeur remained. 7/26/65 1-64 Mayor Marcham reviewed facts as presented and after discussion , the following resolution was approved: , Trustee Lewis requested he be disassociated from any discussion and any vote in the matter. RESOLUTION 745 - INSTRUCTION TO ZONING OFFICER VOTED resolved to instruct the Village Zoning Officer not to grant the permit to the University for preliminary construction in connection with the proposed parking lot. iF iF iF Reasons for denying permit - Violation of Zoning Ordinance, proposed use does not conform with the phrasing of the zoning ordinance. RESOLUTION 746 - PUBLIC HEARING VOTED resolved a public hearing be held to consider a change in the Zoning Ordinance for the purpose of describing in more exact language the meaning of the term "any institution of higher learning including dormitory accommodations ". Village Attorney recommended a review of the whole ordinance rather than one paragraph. Trustee Lewis and Engineer Rogers reported to the Board their findings in regard to their investigation of the situation at the intersection of roads where it is proposed to erect a gasoline station on the Scott property and explained that the traffic hazard at this poiht was too great to permit the erection of the station. RESOLUTION 747 - GASOLINE STATION VOTED resolved that we do not approve the proposed erection of a gasoline station by the Shell 011 Company at 830 Hanshaw Road, based on the report that it would serve to increase the traffic hazard at this busy intersection. *iF* VOTED to approve the Abstract of Audited Vouchers dated July 26, 1965 in the following amounts: General Fund $893.09 and Sewer Fund $552.16. RESOLUTION 748 - PLANTING AT SEWER PLANT SITE VOTED resolved to postpone planting at Sewer Plant site until Fall due to dry weather. iF iF iF RESOLUTION 749 - EMERGENCY - OAK HILL ROAD VOTED resolved to authorize the Engineer to proceed with the replacement ' of the sewer line in Oak Hill Road, which was discovered to be in unusable condition on digging up the road to rebuild it. 7/26/65 iF iF 9F 165,! Meeting adjourned at 6:30 P.M. Vera W. Snyder 7/26/65 Village Clerk A PUBLIC HEARING was held at 4:30 P.M. August 12, 3.965 in the Village Fire Hall upon changing Article XI - Zoning - Section 3 of the Village Zoning Ordinances. PHESENT: Mayor Frederick G. Marcham Trustees John Bebbington, Jr. Robert T. Dean Katherine Ensworth Taylor D. Lewis David C. Weatherby Engineer John B. Rogers Treasurer Gordon B. Wheeler Attorney Roger B. Sovocool 25 residents; 3 officials of Cornell University; one of which was not a resident and two representatives of the press. Copies of the proposed change in the Ordinance were distributed to those present. The language of the change was as follows: PROPOSED AMENDMENT TO VILLAGE OF CAYUGA HEIGHTS ORDINANCES - ARTICLE XI _ ZONING Section .3 - Multiple Housing District 4. Delete the following words: "any institution of higher learning including dormitory accommodations ". T. An institution of higher learning, or any use necessary to or customarily incidental to higher education; provided that any land- owner who intends to use land for; .any of the aforementioned purposes shall submit to the Village Board a site plan and such other evidence as may be required of the proposed use, and shall be given opportunity to explain to the Village Board the nature of and reasons for the intended use. In arriving at a decision the Village Board shall have in mind Sections 175 and 177 of the Village Law and shall consider the following: the location and size of the use, the nature and intensity of the operation involved, the size of ..the site in relation to it, the location of the site with respect to roads giving access to it, and any other reasonable requirements necessary to kegp the proposed use in harmony with the appropriate and orderly development of the multiple housing district. These standards may replace those listed in Sections 5 through 10. ' Action by the Village Board signifying acceptance of a plan shall be the necessary preliminary to the issuance of a permit by the Village Zoning Officer; otherwise the Village Zoning Officer shall deny the application for a permit. 8/12/65 166 The Mayor briefly described the events leading to the decision by the Board to propose:-a change in the ordinance and he explained, sentence by sentence, the meaning of the proposed addition. To a question whether discussion of a University car -park was in orders the Mayor said, "No". Villagers asked questions touching two principal issues (1) What alternative action or mode of appeal was there to a decision by the Board under the proposed addition and (2) What guarantee was -there that the new machinery would work? The Mayor replied that appeal from a Board decision would be to the Courts. He said that to succeed, the machinery would depend upon action by the Board and by the land owner, in this instance Cornell University, undertaken wisely and in good faith. A Villager asked, "Was Cornell University proposed to guarantee that it would act within the rules set forth in the proposed addition?" The Mayor said he knew of no way in which the University could bind itself to do soy though the Village Board would welcome any statement by University officials signifying satisfaction with the proposed changes in the ordinance. He repeated his earlier statement that representatives of the Board and of the University had spent many hours negotiating over the proposed change and had reached agreement on the language presented to the public hearing. Since their last joint meeting representatives of the University had offered a few changes of words. Vice- President Mackesey spoke ht this point and said that the University was not happy with the word "nature" in the phrase "the nature and intensity of the operation involved ". The public hearing closed at 5:15 P.M. MINUTES of a Special Meeting of the Board of Trustees held in the Village Office at 5:15 P.M. on August 12, 1965. PRESENT: Mayor Frederick G. Marcham Trustees John Bebbington, Jr. Robert T. Dean Katherine Ensworth Taylor D. Lewis David C. Weatherby Engineer John B. Rogers Treasurer Gordon B. Wheeler Aitorney Roger B. Sovocool The Board went into Executive Session and discussed at length the language of the proposed change in the ordinance as well as the question whether to adopt the change. At 6:45 P.M. the Board declared itself to be in Regular Session. RESOLUTION 750 - AMEND ARTICLE XI Voted to amend the Village ordinance as follows: 8/12/65 1 116 7 Pursuant to Section 95 of the Village Law NOTICE is hereby given that the Board of Trustees of the Village of Cayuga Heights, at a special meeting on August 12, 1965 (a Public Hearing having been held at 4:30 P.M. the same day) amended Article XI Section 3, Multiple Housing District, to read as stated below. The effective date of this amendment is September 1, 1965 -* Cornell to be served with notice effective at time of service. *(Correction at September 13th meeting)' ARTICLE XI - ZONING SECTION 3. Multiple Housing District Action by the Village Board signifying acceptance of a plan shall be the necessary preliminary to the issuance of a permit by the Village Zoning Officer; otherwise the Village Zoning Officer shall deny the application for a permit. * ** The Mayor presented a letter from the Supervisor of the Town of Ithaca explaining the results of his inquiry regarding the number of persons in the Northeast Sewer District who are likely to connect with the Sewer System which is to be installed there. RESOLUTION 751 - NORTHEAST SEWER DISTRICT CONTRACT Voted to authorize the Mayor to--sign the contract for supplying sewer service to the Northeast District which has been prepared by the Attorney and discussed by the Board. The Mayor reported thdt only one bid to supply sand and gravel had been received by the time appointed for opening bids, and that the bid was regarded as unsatisfactory. 8/12/65 4. Delete the following words: "any institution of higher learning including dormitory accommodations ". 7. Add any use by an institution of higher'learning necessary to or incidental to higher education, provided that any landowner who intends to use land fdr any of the aforementioned purposes shall submit to the Village Board a site plan and such other evidence as may be required of the proposed use, and shall be given oppokbunity to explain to the Village Board the nature of and reasons for the intended use. In arriving at a decision the Village Board shall consider the ' following: the location and size of the use, the nature and intensity of the operation involved, and the size of the site in relation to it, the location of the site with respect to roads ' giving access to it, and any other reasonable requirements necessary to keep ^.the proposed use in harmony with the appropriate and orderly development of the multiple housing distridt. These standards may replace those listed in Sections 5 through 10. Action by the Village Board signifying acceptance of a plan shall be the necessary preliminary to the issuance of a permit by the Village Zoning Officer; otherwise the Village Zoning Officer shall deny the application for a permit. * ** The Mayor presented a letter from the Supervisor of the Town of Ithaca explaining the results of his inquiry regarding the number of persons in the Northeast Sewer District who are likely to connect with the Sewer System which is to be installed there. RESOLUTION 751 - NORTHEAST SEWER DISTRICT CONTRACT Voted to authorize the Mayor to--sign the contract for supplying sewer service to the Northeast District which has been prepared by the Attorney and discussed by the Board. The Mayor reported thdt only one bid to supply sand and gravel had been received by the time appointed for opening bids, and that the bid was regarded as unsatisfactory. 8/12/65 168 RESOLUTION 752 - BIDS - -SAND AND GRAVEL Voted to reject the unsatisfactory,bid and advertise again for bids for sand and gravel. RESOLUTION 753 - VILLAGE OFFICERS TRAINING SCHOOL Voted to authorize Village officers to attend Training School for Fiscal Officers and Municipal Clerks, September 28, 29, 30 and October 1, 1965. RESOLUTION 754 - RESIGNATIONS Voted to accept the resignation of Mr. Walter O'Connell as acting police justice as of July 1, 1965 and Mr. George Drenker as member of the Zoning Board of Appeals as of July 1, 1965 and to express the thanks of the Board for their services. . 9F 9F iF. The Mayor explained that should litigation take place concerning the Board's decision to refuse a permit to build a gas station on the Scott property a possible conflict of interest might arise that would affect the Village Attorney. RESOLUTION 755 - APPOINT ATTORNEY Voted to authorize the Mayor to appoint an attorney to represent the Village in the event of litigation concerning the use of the Scott property.. it iE 9F RESOLUTION 756 - WARNING SIGNS Voted to authorize the Police Commissioner to buy warning signs for use on bad roads. The Engineer and Attorney reported that the only item that prevented settlement of the Contract discussions with Cornell University regarding their payment for expansion of the sewer plant is a question regarding the possible need for an enlarged sewer main approximately 500 feet long; the question is how the cost of such a main would be borne. The Trustees expressed their willingness to accept a 50/50 sharing of the cost with Cornell University. RESOLUTION 757 - APPROVE AUDITED VOUCHERS Voted to approve abstract of audited vouchers dated Augu§t 12, 1965 in the following amounts: General Fund - $4,175.40 Sewer Fund - $373.79 * ,Meeting adjourned 7:25 P.M. FF..rG'.jMarcham, Mayor Acting as Village Clerk " 8/12/65