HomeMy WebLinkAboutTB Minutes 1975-05-12 TOWN OF ITHACA
REGULAR BOARD MEETING
May 12 , 1975
At a Regular Meeting of the Town Board of the Tovvm of Ithaca , Tomp-
kins County , New York , held at the Town of Ithaca Offices at 126 East
Seneca Street , Ithaca , New York , on the 12th day of May , 19750 there
were
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PRESENT : Walter J . Schwan , Supervisor
Andrew W . McElwee , Councilman
Noel Desch , Councilman
Robert N . Powers , Councilman
ABSENT : Victor Del Roseo , Councilman
ALSO PRESENT : James V . Buyoucos , Town Attorney
Lawrence P . Fabbroni , Town En4irieer
Barbara P . Holbomb , Planning Board Chairwoman
Reynolds Metz , Assistant Building Inspector
Rbbert Parkin , Highway Superintendent
Beverly Livesay , County Representative
Radio , TV , Press
APPOINTMENt OP TOWN REPRESENTATIVES
TO NEGOTIATE WITH CITY OF ITHACA RE
SEWER SERVICES
Supervisor Schwan reported that the Town had a request from
the City of Ithaca that the Town appoint a representative to meet
with the City of Ithaca Water and Sewer Committee to renegotiate a
contract providing sewer services to the entire Town as a single
district . Supervisor Schwan recommended that Councilman Desch and
he be appointed to represent the Town in these negotiations . The
Board agreed and '' the Town Clerk was instructed to advise the City
of Ithaca that Supervisor Schwan and Councilman Desch would repre -
sent .the Town in ` such negotiations and to ask the City to set a
date .
SUMMER HOURS
Motion by Councilman Powers ; seconded by Councilman Desch ,
RESOLVED , that summer hours for the Town of Ithaca Offices shall be
8030 a . m . to 4 ° 00; p . m . beginning June 1 , 1975 and ending September 1 ,
1975 .
Unanimously carried .
ASSOCIATION OF TVWNS SEMINARS AND SCHOOLS
Supervisor Schwan reported that there will be three special
training sessions ' at Cornell University ( Riley Robb Hall ) on June 4 ,
5 , 6 , 1975 ° Town Clerks Seminar , Highway Superintendents School , and
Planning and Zoning Seminar .
Motion by Supervisor Schwan ; seconded by Councilman McElwee ,
RESOLVED , that the Town Clerk and/or his deputies , the Highway Super -
intendent , and Planning personnel of the Town of Ithaca be authorized
to attend the seminars and schools which will be conducted by the
Association of Towns on June 4 , 51 61 1975 at Cornell University
( Riley Robb Hall ) ' !; registration fees and actual and necessary ex�
penses incurred to be a Town expense .
Unanimously carried .
Town Board Minutes - 2 - May 12 , 1975
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INTERSECTION LIGHTS_
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Supervisor Schwan reported there had been requests for
intersection lights at the intersection of Blackstone Avenue and
Siena Drive andlat the intersection of Skyvue and Snyder Hill Road .
Since these are intersections of Town roads it is in accordance with
Town policy to have them lighted .
Motion by Supervisor Schwan ; seconded by Councilman McElwee ,
RESOLVED , that 7 ,000 lumen steet lights be installed at the inter -
section of Blackstone Avenue and Siena Drive and at the intersection
of Skyvue Road and Snyder. Hill Road .
1i Unanimously carried .
WALI07AY FOR RESIDENTS OF E i tIS
HOLLOW APARTMENTS - LEGAL OPINION
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Attorney Buyoucos reported that the question had arisen
whether the Town of Ithaca could acquire an easement from the
Ellis Hollow Apartments to the East Ithaca Shopping Plaza . He
said it had seemed clear to him this could not be done and he ,
therefore , • wrot to the Department of Audit and Control in Albany
for a confirming opinion . The reply from the Department of Audit
and Control confirmed Biro Buyoucos ' opinion that the Town cannot
legally build a walkway for that purpose . He said the Ellis Hollow
Apartments might be able to acquire an easement but the Town of
Ithaca cannot do so . A sidewalk could be built along the road . Mr .
Buyoucos suggested the Towri continue to pursue this matter to see
what can be done .
CEMETERIES -- EXEMPTION. PROM SPECIAL ASSESSMENTS
Supervisor Schwan reported that a letter dated April 21 ,
1975 had been received from Thomas G . Miller , President , East Lawn
Cemetery Association , requesting that the Association property lo -
cated on Mitchell Street be exempted from all Special District Assess -
ments and Taxes as provided by Article 13 of the Real Property Law .
He requested further that all taxes which have been paid under ;pro -
test by the Association be refunded and those unpaid be cancelled .
Supervisor Schwan read Mr . Miller ' s letter in full . It appeared
from the discussion which followed that the Town can only assess
the house and t appurtenant land on which it stands , ' and the
rest of the lands used for cemetery purposes are not assessable .
Town Attorney Buyoucos recommended refunding all units charged in
excess of one unit .
Based on the discussion and advice of the Town Attorney ,
the Board actedlas follows ;
Motion by Supervjisor Schwan ; seconded by Councilman Desch ,
WHEREAS , the East Lawn Cemetery Association has requested
that Associatio6 property located on Mitchell Street in the Town of
Ithaca be exemptled from all special district assessments and taxes ,
and
WHEREAS , Ithe Town Attorney has reported that under Section
450 of the Real Property Tax Law and Section 446 of the Real Prop-
erty Tax Law , aslinterpreted by the courts , lands actually used and
occupied for cemetery purposes are exempt from such assessments and
taxation , and itlifurther appears that ( i ) the said lands of East
Lawn Cemetery Association are assessed for 4 . 2 units of water bene -
fit assessments and ( ii ) that one of said units is for a dwelling
house and appurtenant parcel on which the house is located occupied
by the caretaker as a private residential dwelling ,
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Town Board Minutes - 3 - May 12 , 1975
IT IS RESOLVED THAT .
( 1 ) The lands of the East Lawn Cemetery Association actu-
ally used and occupied for cemetery purposes be exempt from special
district assessments except that one unit shall be assessed for the
said dwelling house and the appurtenant lot on which the dwelling
house now stands unless such use of the dwelling house , in the opin -
ion of the Townj, Supervisor , in consultation with the Town Attorney ,
does not disqualify it for . such exemption .
( 2 ) Subject to the provisions of paragraph 1 , above , the
Town will refund to the Association the assessments due and payble
in 1975 for all ', units assessed except the one unit for the dwelling
house .
( 3 ) This resolution applies only to the assessments due
and payable in 1975 and does not apply to assessments levied for
years prior to !19750
( 4 ) By, this resolution the Town is not estopped from mak-
ing any assessments or charges in - the future on lands owned by the
East Lawn Cemetery Association which are not used exclusively for
cemetery purposes and on which the Town may , in conformance with
all requirement's of all applicable provisions of law , lawfully
assess charges . l1
( 5 ) Th''e Town Supervisor and the Town Attorney are author -
ized to take all steps necessary to carry this resolution and its
intent into effect .
Unanimously carried .
(After the aforesaid resolution was adopted the Town Attorney recom-
mended that assessments of all cemetery associations be reviewed to
assure equal application of the law to all lands used for cemetery
purposes . )
ROAD CUTTING PERMITS - MASCIARELLI CONSTRUCTION CO .
Supervisor Schwan reported that Masciarelli Construction
Company who are the transmission main contractors for the Bolton
Point project have requested a permit to open -cut Town roads in
Forest ' Home . Mr . Fabbroni recommended a letter of agreement . It
was understoodl' that Masciarelli would only cut town highways based
upon the specifications in the contract .
Motion by Supervisor Schwan ; seconded by Councilman Powers ,
RESOLVED , that 'LMasciarelli Construction Company , Inc . , transmission
main contractors for the Bolton Point project , be given a permit to
open- cut Town roads , based on the bid specifications for the Bolton
Point project , Iland that a letter of agreement be drawn up by the
Town Engineer outlining the conditions under which the roads may
be open-cut .
Unanimously carried .
CAYUGA INLET - PROPOSED PIPELINE CROSSING
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Supervisor Schwan reported that a letter had been received
from the Department of the Army dated April 22 , 1975 with regard
to proposed installation of an 8 - inch diameter natural gas pipeline
in a trench across Cayuga Inlet . The letter advised that Department
of the Army Regulations require that interested parties be advised
of work in navigable waters of the United States . Since the effect
of the proposed work is minimal with respect to the Town of Ithaca ,
it was the sense of the Board that no action or input from the Town
was required .
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Town Board Minutes d 4 May 12 , 1915
YOUTH BUREAU AGREEMENT WITH CITY OF ITHACA
Supervisor Schwan reported that the Town is still awaiting
firm dollar figures from the City of Ithaca before any action in
this matter canjebe taken .
WILLIAMS GLEN ROAD IMPROVEMENT
Lawrence P . Fabbroni , Town Engineer , reported that in view
of the Town ' s intent to improve Williams Glen Road , 4the City of
Ithaca would like to rent Town of Ithaca equipment ,with operators
and additional supervisors and engineers as required by the Town
to improve the portion of Williams G1en ; Road within the City of
Ithaca ( the portion extending from Cliff Street to the City�Town
Corporation Boundary ) , the City to pay for the materials . Mr . Fab-
broni requestediiauthorization from the Board to rent equipment and
operators and supervisors to the City of Ithaca . This authorization
would enable Mr *,'
r Fabbroni to draw up a 'simple agreement with the
City of Ithaca , � . have it approved by Town Attorney Buyoucos and pro -
ceed with the work at the same time the Town improves the portion
of Williams Glen Road in the Town .
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Motion by Supervisor So'hwano seconded by Councilman McElwee ,
WHEREAS ] the Town Board of the Town of ; Ithaca has resolved
on November 7 , 1974 that pursuant to Section 200 . of the Town Law it
is in the public interest to improve Williams Glen Road , and
WHEREAS 'e thI6 brtion of Williams Glen Road in the City. of
Ithaca , such pbrtion extending from Cliff Street to the City -Town
Corporation Boundary , is unimproved and necessary for access to the
Town portion ofliWilliams Glen Road , and
WHEREASI, the City of Ithaca has budgeted $ 12 , 000 . 00 maximum
for the improvement of the City portion of Williams Glen Road , which
improvement is more particularly set forth in Schedule " A " annexed
hereto , and
WHEREAS !, the City of Ithaca desires to rent Town of Ithaca
equipment with operators with additional supervisors and engineers
as required by the Town Board of the Town of Ithaca ,
NOW , THEREFORE , BE IT RESOLVED by the Town Board of the
Town of Ithaca , liTompkins County , New York , as follows *
( 1 ) Thee Town Highway Superintendent - may rent Town equip-
ment and operators to the City of Ithaca for construction of the
Williams Glen Road portion in the City of Ithaca at the following
hourly rates , as established by the New York State Department of
Transportation ,
GRADER $ 23 . 15/hr
ROLLER $ 13 . 10/hr
BACKHOE $ 23 . 15/hr
GRADALL $ 29 . 30 /hr
SPREADER BOX $ 1 . 00 /hr
TRUCKS
18T Diesel $ 15 . 20 /hr
18T Gas $ 15 . 30 /hr
16T Gas $ 14915/hr
LOADER 22 . 90 hr
( 2 ) Supervision of equipment use and rental shall be pro ®
vided by the Town of Ithaca Highway Superintendent and Town Engineer
at the following hourly rates as required :
If Town Highway Superintendent $ 7 . 15/hr
Town Engineer 11990/hr
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Town Board Minutes - 5 - May 12 , 1975
-( 3 ) All materials is required in the course of machine rental
shall be supplied by the City of Ythaea .
SCHEDULE " A "
WIDTH OF ROAD METAL j 20 feet minimum
SHOULDER WIDTH 2 to 4 feet .
CONSTRUCTION . SPECIFICATIONSO
10 The subglrade shall be crowned to 1/ 2 inch per foot and
well compacted .
2 . The minimum ditch grade shall be 0 . 5t .
3 . Culverts !Ishall be placed in natural waterways , at low
spots in ; grade and in other spots where required .
4 . Under drains shall be placed in low wet areas where side
hill seepage is encountered or in other . areas tThere re -
quired .
5 .
Approved ; gravel shall be placed 12 inches deep from
ditch toiditch on first lift and well compacted . The
top lift9shall be crushed gravel or crusher run stone ,
20 feet wide 6 inches deep centered on the base and com-
pacted . The total compacted depth of gravel should be
18 inches .
6 . All depth measurements refer to compacted depths .
7 . Road surface :
a . 013 gallons per square yard of primer on the
gravel base . (MCO )
b . When cured app . 50 lbs . # 1 or # 2 stone , per
square yard , leveled with a broom or drag ,
I with . 7 gal . per square yard of
asphalt (MC3 , 70bc , 66D ) .
c . Sealed with app . 20 lbs . # 1A stone and compact .
Unanimously carried .
CODDINGTON ROAD WATER EXTENSION
FORMAL ACCEPTANCE OF JOB COMPLETION
Supervisor Schwan reported that the insurance company
would like to cancel the insurance on the completed Coddington
Road water extension project , but would like to have evidence of
formal acceptance of the job by the Town of Ithaca . The Town
Engineer said that this job performed by Picirilli Brothers of
Binghamton has ° been completed satisfactorily and that it appears
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most of the people on the line are happy with the restoration of
the land .
Motion by Councilman McElwee ; seconded by Supervisor Schwan ,
RESOLVED , thatlbased upon the recommendation of the Town Engineer
that the work on the Coddington Road Water Extension has been satis -
factorily completed by Piccirilli Brothers , the Town of Ithaca here -
by formally accepts the project , subject to provisions of guarantee .
if Unanimously carried .
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Town Board Minutes - 6 - May 121 1975
SUMMER HELP . - LtGAL ', AND : PLANNING
Barbara� 901comb , , Planning Board Chairwoman , reported that
the Town has had two applications from . iaw. students . for summer work .
Both of them have been interviewed and both,* . . . well qualified ..
Applications have been received from five, planning - students and
they will be interviewed , Mrs . Holcomb requested that . she and Mr .
Fabbroni be. authorized to hire one legal student and one planning
student for summer work .
Motion by Councilman Mohlwee q seconded ' by Sttpetvisoi Schwan ,
RESOLVED , that Planning Board Chairwoman I46l66mb and . Town Engineer
Fabbroni be authorized ' to 'interview candidates for summer legal and
planning work and to hire one legal studeriAnd one planning stu-
dent under the program sponsored by the ; Fecderal government , 20 % of
their remuneration to be paid for by the Town ` of Ithaca and 80 % of
their remuneration to be paid for by the Federal government .
Unanimously carried .
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BIDS ON BACKHOE'
Proof of posting and publication of . advertisement for bids
on a backhoe for . the' Town Highway Department having been presented
by the Town Clerk , Supervisor Schwan reported that five bids had
been received , as follows °
Arsenault Tractor Sales ; Inc .
Br"ooktondaie , . New York $ 13 , 125o53
Se ; C . Hansen , Inc .
Horseheads , New York $ 11 , 945 ° 00
Ithaca Ford Tractor , Inc .
Ithaca , New York $ 12 ; 256 ° 00
Stack Equipment and Supply Corp .
Liverpool , New York - two bids $ 13 , 000o00
12 , 900 . 00
Syracuse Supply upply Company
Vestal , New York $ 18 , 999000
Motion by Supervisor Schwan ; seconded by Councilman Desch ,
RESOLVED , that ' Town Board of the Town of Ithaca hereby accepts
the low bid of So Co Hansen , Inco in the amount of $ 11 , 945 for a
backhoe for the Town Highway Department , the Town Highway Superin -
tendent having stated that the bid equipment meets the specifica-
tions set out when the equipment was advertised .
Unanimously carried .
PERSONS TO BE HEARD
Mrso Beverly Livesay reported that a number of people have
complained about trash around the East Hill Shopping Centero She
said she had talked with Dro Gaffney in the Tompkins County Health
Department , but that they feel they are involved only when a health
hazard exists ( that is , from garbage , etc . ) It was agreed that a
letter would be' written to the property owners in question . Mrs .
Livesay noted also that old washing machines and other debris is
set out behind Ides and the stores . It appears this is a zoning
problem which PRre Fabbroni will look into .
To '
wn Board Minutes - 7 - May 12 , 1975
Mrs . Livesay inquired about what was being done with re -
Bard to removal of the FBC sign on the East Hill Shopping Plaza .
Mr . Metz , Assistant Building Inspector , reported that the owners
are looking into the cost of removing the sign and that he will
follow up on it, . Mrs . Livesay noted that the total structure
supporting the ,sign should be removed - - not just the letters
( FBC ) .
TRANSFER OF FUNDS
Supervisor Schwan reported that it would be necessary to
transfer funds from the Contingency Account to cover the purchase
of office furniture for the new Town Hall . The purchases cover
file cabinets , folding chairs , shelving , desks and table .
Motion by Supervisor Schwan , seconded by Councilman Powers ,
RESOLVED , that the sum of $ 1 , 186 . 55 be transferred from Contingency
Account No . A- 1940 . 4 to Town Hall Office Equipment Account Teo .
A- 1620 . 2 .
Unanimously carried .
REPORTS OF TOWN OFFICIALS
Sharlene Drive , off Sn der Hill Road . Mr . Fabbroni re -
ported that this road was lac -topped by Stein Builders and that
it settled out '1 and broke down under traffic . Mr . Parkin , Highway
Superintendent and Mr . Fabbroni have met with the contractor , Stein
Builders , Inc . , who will repair the road .
Marion 'Easement . Mr . Fabbroni reported that water run -off
from the Marion property continues to be a problem and a detriment
to the neighboring properties . The sense of the Board was to re -
vive the attempt to obtain an easement across Marion ' s property .
in order to be able to do the work necessary to prevent the run-
off . The Town ° continues to get complaints about drainage . Should
it be impossible to get an easement from Marion , the Town will have
no alternative but to condemn . Mr . Fabbroni will follow up on this ,
assisted by the Town Attorney .
ForestJHome Bridges . Mr . Fabbroni reported that the Forest
Home bridge ( near Caldwell Road ) has been re -wrapped ; and that the
other bridge in Forest Home ( near Pleasant Grove Road ) needs atten-
tion . The pipe needs to be replaced or re -wrapped . The sense of
the Board was that it ought to be replaced rather than re -wrapped .
Councilman McElwee suggested that if it is replaced he did not think
it should be replaced with steel . Ductile iron is a possibility if
weight is not a problem . It was agreed that Mr . Fabbroni would con -
sult with Lozier Engineers on this matter .
Northeast Traffic Study . Mr . Fabbroni reported that during
the last month he has been doing the Northeast Traffic Study , mak -
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hand counts at eight intersections and machine counts at nine
different roads , for 24 hours each .
Town -wide Sewer Improvement . I.-Ira Fabbroni reported on the
status of the proposal to sewer five areas in the Town of Ithaca ;
that he and the Supervisor had reviewed with the engineers sketch
and plans ; that he had been advised by Lozier Engineers that they
will have final plans ready by June 16 . It will then be important
to get the project bid as soon as possible . Councilman Desch asked
if all the necessary easements would be acquired before the project
went to bid . Supervisor Schwan said an attempt would be made to
get as many asIpossible , Mr . E . L . Trowbridge of Palmyra , New York ,
has been assigned to acquire the necessary easements . Most of the
easements are in Forest Home . Supervisor Schwan recommended that
when Lozier Engineers send the plans to the Town of Ithaca they
should also send a set to the Department of Environmental Conserva -
tion .
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Town Board . Minutes - 8 - May 12 , 1975
Williams ; Glen Road Improvement . Mr . Fabbroni reported that
the survey is about complete . The work on this improvement will be
done by the Highway Department in July or August . -
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Lucente '' Development . 11re Fabbroni reported that an agree -
ment had been reached with Mr . Rocco Lucente ~ with respect to his
development ,of - a . .poition of the lots fronting ,on Salem Drive , Birch-
wood Drive "and Pinewood Place , in which tYe , Town agrees to issue
building permits for construction on these lots in accordance with
conditions set out in the agreement . Y
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Sandra Place . Mr . ' Fabbroni reported that Otto Schoenfeld -�
has agreed to install 286 feet of pipe t-o -�-leop�a- water:l4ne4or-r
Sandra Place
Blackstone Avenue . Mr . Fabbroni reported that problems ' had
arisen out of the fact that Mr . Arthur A . Prince has sold off prop-
erty on Blackstone Avenue to a Mr , Robert ;, Hamiltbhe The road has
not been brought up to the Town ' s , specifications nor have the water
lines been looped as required . The . Town had contemplated an agree -
ment with Mr . Prince , with the holding of - a retdiner , for the comple-
tion of the road and installation of water lines . The work has not
been done . After some discussion , it was agreed that a formal con-
tract ought to be drawn up between the Town and Mr . Hamilton for
the completion of the work as shown on the subdivision map for the
Ste Catherine Subdivisions .
Motion by Supervisor Schwane seconded by Councilman McElwee ,
RESOLVED , that the Town Supervisor , the Town Engineer , and the
Town Attorney be authorized to work out a contract between the
Town of Ithaca and Mr . Robert Hamilton for the completion of the
road and the looping of water lines , as shown on the map of the
Ste Catherine Subdivision .
Unanimously carried .
Buttermilk Farms . Mr . Fabbroni reported that the Planning
Board had given preliminary approval to Mr . Walter Wiggins for con -
verting his barn at 1152 Danby Road to a cluster development :
Vincent P . Franciamone . Mr . Fabbroni reported that there
will be a hearing before Judge Yesawich in Cortland , New York , on
May 13 , 1975 on a contempt of court charge against Mr . Vincent P .
Franciamone in connection with his property on Ridgecrest Road .
Lucente Development . Mrs . Holcomb reported that in connec -
tion with consideration of final approval of Rocco P . Lucente lots
shown on the plan and profile for Sharonwood Drive and Pinewood
Place , Mr . Lucente has agreed to convey to the Town about two and
a half acres of land to be reserved for recreational area ( park ) .
Mrs . Holcomb pointed out to the Board the area in question on the
plan and profile . _ She reported the Town also has a letter of in-
tent from Mr . Lucente that when the remainder of his land is devel -
oped an additional five acres of land will be set aside for park-
land . Mr . Buyoucos recommended that the Boothroyd Insurance Agency
should be notified immediately about the proposed conveyances to
make sure there is proper liability coverage for the parkland .
Buttermilk Farms . Mrs . Holcomb expanded on Mr . Fabbroni ' s
report regarding the Wiggins barn at 1152 Danby Road . She said the
Planning Board " had agreed to hear Mr . Wiggins ' request as a propos -
al for cluster housing with four units in a single building . Con-
siderable discussion followed concerning the difference between mul -
tiple residence and cluster . Mr . Buyoucos was not certain that the
Wiggins proposal was legal . Supervisor Schwan recommended that Mr .
Buyoucos research the matter and advise the Planning Board . Mrs .
Holcomb said the Planning Board would schedule a work session to
study this matter .
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Town Board Minutes 9 - May 12 , 1975
Planning Board Public Hearings . Mrs . Holcomb reported that
the Planning Board will hold two public hearingsa ( l ) Jehovah Wit-
nessesoo consideration of site plan approval for Jehovah ° s Witness
Church at Danbyland Compton Roads ( Parcel Noe 36 - 3 - 1 ) a and ( 2 ) con-
sideration of a request by Stephen Jo and Marion Shippos to rezone
lands at 611 Five Mile Drive ( Parcel No . 31 - 2 - 2 ) from Light Indus -
trial to Residential ,
FLOOD INSURANCEIPROGRM1 - PUBLIC HEARING
Proof of posting and publication of notice of public hear-
ing having been;l presented , the Supervisor opened the hearing .
Mr < Fabbroni illustrated on map the flood plain areas in
the Town of Ithaca designated by the Army Corps of Engineers . He
said the Town is required to adopt a resoldtion which will state
the Town ' s intent to include in the Zoning Ordinance the amendments
which the Town ' will subsequently adopt . Mro Fabbroni presented to
the Board two prepared resolutions . The Supervisor read these in
full and noted that if they were adopted they would be . submitted to
the Federal government . The Supervisor then called for comments .
When it appeared no one wished to be heard on this subject the Super -
visor closed the hearing and the Board acted as follows :
Motion by Supervisor Schwan ; seconded by Councilman Powers ,
WHERE 6 , certain areas of the Town of Ithaca are subject
to periodic flooding and/or mudslido8 from Lakes , Streams and In -
lets , causing serious damages to properties within these areas , and
WHEREAS , relief is available in the form of Federally sub -
sidized flood insurance as authorized by the National Flood Insur -
ance Act of 19681 and
WHEREAS , it is the intent of this Town Board , Town of Ithaca ,
to require the recognition and evaluation of flood and/or mudslide
. hazards in all ° official actions . relating to land use in the flood
plain and/or mudslide areas having special flood and/or mudslide
hazards , and
WHEREAS , the Town of Ithaca has presently in effect a land
use control ordinance commonly referred to as the Town Zoning Ordi �
nance , and
WHEREAS , this body has the legal authority to adopt further
and additional land use and control measures to reduce future flood
losses pursuant to Sections 261 , 262 , 263 and other provisions of
the - Town Law ,
NOW , THEREFORE , BE IT RESOLVED , that this Town Board , Town
of Ithaca , hereby :
le Assures the Federal Insurance Administration that it
will enact as necessary , and maintain in force for those areas hav-
ing flood or mudslide hazards , adequate land use and control meas -
ures with effective enforcement provisions consistent with the
Criteria set forth in Section 1910 of the National Flood Insurance
Program Regulations ; and
20 Vests Town Supervisor with the responsibilit y Y, authority ,
and means too .
( a ) Delineate or assist the Administrator , at his
request , in delineating the limits of the areas having special flood
and/or mudslide hazards on available local maps of sufficient scale
to identify the location of building sites .
( b ) Provide such information as the Administrator may
request concerning present uses and occupancy of the flood plain
and/or mudslide area .
Town Board Minutes - 10 May 12 , 1975
( c ) Cooperate with Federal , State , and local agen -
cies and private firms which undertake 'to study , survey , map , and
identify flood plain or mudslide areas ,. and cooperate with neigh-
boring communities with respect to management of adjoining flood
plain and/or mudslide areas in order to prevent . aggravation of
existing hazards ,
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( d ) Submit on .: the anniverj sary date of the community ' s
initial eligibility an annual report to the Administrator on the
progress made during the ..past year within the community in the de ®
velopment and implementation of flood plain and/or mudslide area
management measures .
3e Authorizes the . 6resent au lding Inspector of the Town
of Ithaca to maintain for public inspection and to furnish upon re -
quest a record of elevations ( in relation to mean sea level ) of the
lowest floor ( including basement ) of all new or substantially im-
proved structures . lodated in the special flood hazard areas . If
the lowest floor is below grade - on one or more sides , the elevation
of the floor immediately above must also be recorded .
4e Agrees to take . such other official action as may be
reasonably necessary to carry out the objectives of the program .
Unanimously carried .
Motion by Councilman Powers seconded by Supervisor Schwan ,
+ 11 RESOLVtD , that the Town Board of the Town of Ithaca hereby
amends the Zoning Ordinance of the mown of Ithaca by adding to
" ARTICLE I , SECTION 1 , Definitions . " the following .
280 " Flood or Flooding " means a general and temporary
Condition of partial or complete inundation of normally dry land
areas from ( a ) the overflow of streams , rivers , or other inland
areas of water or ( b ) abnormally rising lake waters resulting from
severe storms or hurricanes ,
290 F
Flood Plain " or " Flood Prone Areas " means a land
area adjoining a river , stream , watercourse , bay or lake , which is
likely to be flooded .
300 " Flood Plain Management " means the operation of an
overall program of corrective and preventive measures for reducing
flood damage , including but not limited to emergency preparedness
plans , flood control works , and land use and control measures .
310 " Floodproofing " means any combination of structural
and nonstructural additions , changes , or adjustments or properties
and structures which reduce or eliminate flood damage to lands ,
water , and sanitary facilities , structures , and contents of build -
ings ,
320 " Special Flood Hazard Area " means that maximum area
of the flood plain that on the average is likely to be flooded
once every 100 years ( i . e . that has a one per cent ( 1 % ) chance of
being flooded each year - 100 year flood ) and is delineated on the
Flood Hazard Boundary Maps issued by the Federal Insurance Admini -
stration , Department of Housing and - Urban Development .
330 " ,Structure " means anything that is constructed or
erected on or under the ground or upon another structure or build -
ing ,
340 " Alteration " is as applied to a building or structure ,
a change or rearrangement in the structural parts or in the exit
facilities or an enlargement , whether by extending on a side or by
increasing in height . or moving from one location or position to
another ; the term " alter " in its various modes and tenses and its
participial form , refers to the making of an alteration .
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Town Board minutes - 11 - May 12 , 1975
IT IS FURTHER RESOLVED , that this Board hereby amends the
Zoning Ordinance of the Ti,.'wri of Ithaca by adding to " ARTICLE II ,
ESTABLISHMEINT dF DISTRIC3� ; SECTION 2 " the following .
Special' Flood Hazard District
1{
L11 IT I5 FURTHER RESOLVED o . that this Board , hereby amends the
Zoning Ordinanc,o , of the Town of Ithaca by adding to " ARTICLE XII ,
NON -CONFORMING tj §tS , SECTION 55 " the following °
Specia7: 'Fiood Hazard District
most as
( r `
� . estrictive )
IT IS FURTHER RESOLVED ; that this Board hereby amends the
Zoning Ordinance ok the Town of Ithaca by addi
follows ' ng a new Article , as
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ARTICLE XV
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SPECIAL FLOOD HAZARD DISTRICT
SECTION 84 . The purpose and intent of the Special Flood
Hazard District is to :
1 . Protect the future health , safety and welfare of the
habitants of the Town of Ithaca from hazards due to periodic flood -
ing .
1 2 . Minimize public and private damages including expendi -
tures for relief , insurance and flood control projects .
3 . Protect human life and health .
4 . Minimize surface and ground -water pollution which may
affect human , animal or plant life .
5 . Require flood proofing of those structures that exist
in or must of necessity be constructed on Flood Hazard Areas .
6 . Establish and maintain eligibilit for the Town of
Ithaca , Tompkins County , New York , for its residents and property
owners in the National Flood Insurance Program ,
SECTION 85 . Non- liability . The Town of Ithaca does not
guarantee , warrant or represent that those structures or other im-
provements designed and constructed in accordance with the Ordinance
will not be subject to flood damage and hereby asserts that there is
no liability on the part of the Town Board , its officers , agencies ,
contractors , agents , or employees for any flood damage that may
occur as a result of reliance upon and compliance with this Ordi -
nance .
SECTION 869 Intent ' ' Itais the intent of this Ordinance
to minimize the potential loss of life and property during periods
of flooding by regulating the alteration and development of those
areas within the Flood Plain .
SECTION 87 . Alterations . No exterior structural altera -
tion or addition to an existing structure shall be made until a
permit shall first have been issued by the Town Building Inspector
acting upon the instructions of the Town Board . Ordinary repairs
, ( e . g . roof repair , porch , new siding , painting , etc . ) and interior
renovations ( eog . remodeling of ceilings , walls , floors , etc . ) to
buildings or structurs may be made without obtaining a permit .
Conversion to a dwelling unit or increasing the number of
habitable units requires a permit .
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Town Board Minutes - 12 - May 12 , 1975
SECTION, 880 Establishment of Areas and Area Regulations .
le Area Boundary Lines . The delineation of Special Flood
Hazard Areas ( S 11 and their boundary lines are drawn on the
Official Map accompanying this Ordinance and said Map shall be
part of this Ordinance ,
2e Official Mape Area boundary lines shall be interpreted
from the Official Map accompanying the Zoning Ordinancea Dimen-
sions of such lines will be scaled from the Official Map and com-
pared with ground distances between definite natural or man-made
pointso Thereafter , the changes on said Map shall become part of
the Official Map when approved by the Town Board .
3o Intlerpretatione In the case of uncertainty as to the
true location of Area boundary lines or on interpretation of Area
regulations , the decision . of the Board of appeals or Planning Board
is finale Nothing in this Ordinance is intended to imply that Areas
outside the Special Flood Hazard Areas will be free from flooding .
4o Map Modification > The Area boundary lines will be fur -
ther modified following the establishment of Floodway and Floodway
Fringe Areas as delineated in a survey to be made by the Federal ji Flood Administrator from the United States Department of Housing
and . Urban Developmento Further modification will be in accordance
with amendment 11 rocedures as set forth in this Ordinance ,
5 . Application of Regulations . The regulations for the
Special Flood Hazard Areas shall be adhered to in compliance with
this Ordinance . '
6 . Special Flood Hazard Areas ( S < FeHoAe ) Regulations . A
permit shall be issued when it is determined that the structure is
located withinithe SeFeHeAo and the proposed construction or altera -
tion is in full compliance with the statutes of the State of New
York , National ; Board of Fire Underwriters
standards and all other
applicable Town Codes and the following special SoFeHeAo regulationso
as ( i ) Alterations or repairs shall use construction
materials and utility equipment that are resistant to flood damage ,
and
( ii ) Use construction methods and practices that will
minimize flood '; damagee
bo " Proposed new construction or substantial improve- -
ments shall ( including prefabricated and mobile homes )
( i ) Be protected against flood damages
Be designed ( or modified ) and anchored to pre -
vent flotation .' collapse , or lateral movement of the structure .
( iii ) Use construction materials and utility equip-
ment that are resistant to flood damage .
( iv ) Use construction methods and practices that
will minimize flood damage .
co ,, Require new or replacement water supply systems
and/or sanitary sewage systems to be designed to minimize or
eliminate infiltration of flood waters - into the systems and dis -
charges from . tAe system into flood waters and require on - site
waste disposal ' systems to be located so as to avoid impairment
of them or contamination from them during flooding .
Town Board Minutes - 13 - May 12 , 1975
d . Joist -bearing . sills shall be anchored to the founda-
tion walls at intervals not to exceed eight feet - W ) , and four
feet ( 4 ° ) at corhers by anchor bolts not less than three -quarter
inch ( 3/ 4 " ) ih ciameter with groper washers embedded at - least two
feet ( 2 ° ) into sucl walls .
e . "Other S . F . H . A . regulations . Before a permit is -
issued in a S . F . H . A . o
riy The Building Inspector shall take into account
flood plain management programs , if any , already in effect in neigh -
boring areas .
(if. ) The Building Inspector shall provide that
within the SeF . HeA . the laws and ordinances concerning land use
and control and Other measures designed to reduce flood losses
shall take precedence over any conflicting laws , ordinances or
codes .
( iii ) The Planning Board shall review subdivision
proposals and other ro os
p p ed new developments . to assure that .
A . All such proposals are consistent with
the need to minimize flood damage .
Be All public utilities and facilities , such
as sewer , gas , "; electrical and water systems are located , elevated
and constructed to minimize or eliminate flood damage .
C . That adequate drainage is provided so as
to reduce exposure to flood hazards .
These amendments to the Zoning Ordinance of the Town of
Ithaca shall take effect immediately .
Unanimously carried .
O ' MALLEY ' S BEAUJOLAIS RESTAURANT SIGN
PUBLIC HEARING II
Proof of posting -and publication of notice of public hear -
ing having been presented , the Supervisor opened the hearing .
Mr . Fabbroni illustrated the location of the sign on the
site plan and presented pictures of the sign to the Board for re -
view . The sign was erected before authorization , but was allowed
to stand in view of the possibi ity' ia'�°°i mig be allowed . Mr .
Stan Tsapis , appearing for Mr . O ' Malley , stated that the sign is
in Qood taste . V It is in an area where there are two garage signs
that attract more attention than the Beaujolais sign . If the sign
is moved closer to the building it would be behind a tree and would
be nullified . He said he felt it is in the only place it can be ;
that it is not bothering anyone and that it is probably further from
the right of way than other signs in the area . The sign is lighted
from the inside . It has an orange exterior and the letters are in
white . Mr . Ts pis said , further , that it does not present any haz -
ard where it is located . Mr . Tsapis said he has a survey which
shows the signpto be t from I, e . It should be
45.� from the center line , but in that case it would be up on
the porch . Mrs Fabbroni said there is no sight hAzavftd with respect
to traffic . The only problem is that it does not meet the setback
requirements .
Supervisor Schwan asked if anyone wanted to be heard. on
this matter . Since it appeared that no one wanted to be heard ,
the Supervisor , closed the hearing , and the Board acted as follows *
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Town Board Minutes - 14 - May 12 , 1975
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Motion by Supervisor Schwan ; seconded by Councilman McElwee ,
RESOLVED , that 'Ithe application of Robert O ' Malley to erect a sign
for his Beaujolais Restaurant on 601 Elmira Road , Ithaca , New York ,
be granted .
Unanimously carried .
Mrs . Holcomb reported that there is now in hand A Summary
of the Ithaca Bikeway Study , �trepared for the City and Town of Ithaca ,
New York by the Landscape Architecture Graduate Program of Cornell
University ( Spring , 1575 ) . This study is a schematic drawing of
how they reached their conclusions : The technical reports , however ,
will be much mora useful . The Planning Board has not accepted this
study but it will be used as a working paper .
Ar
Mr . Buyoucds , Town Attorney ; said he would like to have
the Board ' s authorization for Walter J . Schwan , as Town Supervisor ,
to execute anyGinstruments which may be necessary for the acquisi -
tion of title to easements or interest inland for the Southern
Cayuga Lake Intermunicipal Water Commission . He said this must be
done because easements have been drawn and the title is being taken
in the name of � the Town of Ithaca as Agent Municipality acting in
behalf of the Town of Ithaca , the Towns of Lansing and Dryden , and
the Village of ; Cayuga Heights . Mr . Buyoucos read the proposed reso-
lution . Councilman Desch said the resolution ought to be more
specific to the Bolton Point project now under construction . He
said the resolution must be pinned down as it relates to the auth-
ority the four 11 communities have set for the project now under con -
struction ( Bolton Point ) . It was agreed to include the words " now
under construction " ( Bolton Point ) .
Motion by Councilman Desch ; seconded b Councilman n McElwee ,
WHEREAS , the Town of Ithaca has been authorized to act in
behalf of itself, and the Towns of Lansing and Dryden , the Village
of Cayuga Heights and other participating municipalities to accept
title to landsilor any interests therein for the Southern Cayuga Lake
Intermunicipal Water Project ,
IT IS RESOLVED AS FOLLOWS ;
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( 1 ) The Town Board authorizes the Supervisor of the Town
of Ithaca to execute any and all purchase offers or other documents
for the acquisition of lands or easements or other interests in land
for the Southern Cayuga Lake Intermunicipal Water Project ( Bolton
Point ) , now under construction , including acquisition of lands and
easements fromlthe Estate of Fred Bush in the Village and Town of
Lansing . -
( 2 ) The authority granted by this provision shall be exer -
cised by the Supervisor only when authorized to do so by the South-
ern Cayuga Lake Intermunicipal Water Commission .
( 3 ) Ariy documents heretofore executed in the aforesaid
capacity by the Town Supervisor are hereby confirmed .
Unanimously carried .
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Town Board Minutes - 15 - May 12 , 1975
In the same connection , the Board acted as follows ,
Motion by Super`4isor Schwan ; seconded by Councilman Powers ,
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WHEREAS the Town of Ithaca , as one of the participating
municipalities of the Southern Cayuga Lake Intermunicipal Water
Project may be iequired to acquire title to lands or easements or
other interestslin land by condemnation for purposes of. said Project ,
IT- Z $ R 6OLVEDo
That the Town Supervisor is authorized , in conjunction with
the other partici ating municipalities , acting jointly through the
Southern . Caytiga ' Lake . Intermunicipal Water Commission , to negotiate
for the acqufsitior3 of title , easements , and other interest in lands
for the Southern Cayuga Lake Intermunicipal Water Project and to
commence any and all actions for the condemnation of lands for such
purposes .
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This resolution is -intended to add to but not limit any
previous `resolution adopted by the Town Board covering this sub-
jecto
Unanimously Y
u 1 carried .
II
CAR FOR HIGHWAYiiDEPARTMENT USE
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Mr . Parkin reported that an automobile will be needed for
the Highway Department . Under a State bid there would be a saving
of some $ 300 . 00 ,'. However , in that case it would be a 1975 cart
which would only burn unleaded gas . He preferred to get a local
bid in which the use of regular leaded gas would - be possible .
Motion by Supervisor Schwan ; seconded by Councilman Powers ,
RESOLVED , that the Highway Superintendent be authorized to locally
bid a . sedan type car for his own use , new 1974 or 1975 .
Unanimously carried .
Mr . Parkin submitted to the Board material on vacation
policy in other!itowns . This is in connection with his earlier
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request for four weeks vacation for Highway Department employees
after 20 yesrs of service . After reviewing . tine . material .the Board
acted as follows ,*
RESOLVED , that Gthe Town Highway Department employees shall have
four weeks vacation after twenty years of service .
Unanimously ni ously carried .
lr . Reynolds Metz , Assistant Building Inspector , reported
that building permits are keeping pace with last year in numbers ,
and it is a little higher in dollars this year by several thousand
dollars .
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TOWN OF ITHACA WARRANTS
Motion by Councilman McElwee , seconded by Councilman Powers ,
RESOLVED , that the Warrants dated May 12 , 1975 , in the following
amounts , be approved °
General Fund . . $ 10 , 523 . 25
Highway Fund . 8 , 732 . 96
Water and Sewer Fund . . 6 , 610 . 58
Unanimously carried ,
It
Town Board Minutes - 16 - May 12 , 1975
BOLTON POINT WARRANTS
Motion by Supervisor Schwan ; seconded by Councilman McElwee ,
RESOLVED , that the Bolton Point warrants recommended for- payment
by the Southern Cayuga Lake Intermunicipal (dater Commission be
approved by this Town Board for payment in the amount of $ 359 , 852 . 300
Unanimously carried .
APOINTMENT - T014PKINS COUNTY BI - CENTENNIAL COMMISSION
Motion by Councilman McElwee ; seconded by Councilman Powers ,
RESOLVED , that Robert We Robinson , 127 Iradell Road , Ithaca , New
York , be appointed as a representative of the Town of Ithaca to
the Tompkins County Bi -centennial Commission ,
Unanimously carried .
ADJOURNMENT
The meeting was adjourned until 5 : 00 p . m . ,
19750 Tuesday , May 20 ,
Edward Lo Bergen
Town Clerk
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