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HomeMy WebLinkAboutTB Minutes 1977-05-16 TOWN OF ITHACA ADJOURNED BOARD MEETING May 16 , 1977 on 5015 p . m . At an Adjourned Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , on the 16th day of May , 1977 , at 5 : 15 p . m . , there were PRESENT : Walter J . Schwan , Supervisor Noel Desch , Councilman Victor Del Rosso , Councilman Robert N . Powers , Councilman Catherine Valentino , Councilwoman Shirley Raffensperger , Councilwoman 'ALSO PRESENT : James V . Buyoucos , Town Attorney Lawrence . P . Fabbroni , Town Engineer , Building Inspector Liese Bronfenbrenner , Planning Board Chairwoman Joseph J . Collins , American Television & Communications Corporation Walter J . Wiggins , Attorney , Ceracche TV Corpora ° tion Robert Puller , I . J . Construction Co . Charles T . Currey , Attorney , I . J . Construction Co . Rose Goldsen , 770 Elm Street Extension Representatives of the Media ABSENT : Andrew W . McElwee , Councilman REPORTS OF TOWN OFFICIALS Town Attorney The Town Attorney reported that the Appellate Division has dismissed the petition of Ithaca Elm-Ma d ple Houses , Inc . to be annexe to the City of Ithaca . This means that a proceeding for annexation would have to be initiated again from the beginning . Air . Buyoucos felt the decision was not based simply on a technicality , but on the merit of the objections to the petition . Now it is a question of what the petitioner will do , that is , whether a new petition will be filed . Pair . Buyoucos said it did not appear the Town would be able to recover court costs . - - Yir . Buyoucos referred again to the Hilker project on Kendall and Pennsylvania Avenues and the old Ithaca Land Co . lots . He said he would get further information from Mr . Hilker with regard to the s of adjacent owners to be indicated on the assessment map , loca= tion unimproved portion , etc . He said he had asked for this informa� Lion as far back as February 21 , 1976 . He said when he has all the information he needs he will be in touch with the Board . Mr . Buyoucos: said for the record that certain opinions received from Mr . Hilker ' s attorney as to what the law with respect to these unimproved roads or paper streets is , and indicating that no action has been taken by himj in accordance with the " law" , are not his opinion of what the " law " Town Engineer/Building Inspector Ir . Fabbroni reported that three one - family building permits and three accessory building permits had been issued in April total - ling $ 109 , 150 as compared with nine one- family and seven accessory building permits totalling $ 311 , 500 in April of 1976 . This indicates building starts are very slow : Supervisor Schwan cited the high -- cost of lumber as one of the reasons for decreased building activity . / G S� Town Board Minutes - 2 - May 16 , 1977 Speed Limits . This problem continues to be with us . After some discussion with the Board members about present speed limits on various roads , arterial and interior , it was agreed that the Town will attempt to get 35 miles per hour on the arterials and 30 miles per hour on the interior roads . Mr . Fabbroni will follow this up with Howard Stevenson , Tompkins County Superintendent of Highways , and with the Department of Transportation . Highway Maintenance Facility . Mr. Fabbroni said the Highway Department is expected to move into the new facility the last week of May . No closing date has ! been set as yet for the old facility , but Supervisor Schwan said Mr . Arsenault would be happy with a June 1 closing date . Mr . Fabbroni , said fromia , cash flow point of view it would be , well to close the , 'sale as close to ''that date as possible . Dire Buyoucos said he was wotki:ng to set it up for June 1 , 19770 Five-Area Sewer Project ( $ 970 , 000 ) . Mr . Fabbroni reported that the Town is waiting for funding from the Federal Environmental Protection Agency . If funding is approved by September , constructio-e could begin in February of 1978 . Mr . Fabbroni said he had most of the important easements in hand . There are about 20 easements yet to be acquired and only a few of these are giving him any concern . Zoning Violations , Occupancy ; The Town has sent out quite a number of o ices of zoning violations , so very soon applications for variances and special permits will be received , which will come before the Zoning Board of Appeals . Liese Bronfenbrenner , Planning Board Chairwoman ( Report attached to these minutes . ) r1r . Buyoucos stated , with respect to the Monkemeyer rezoning and the re -drawing of covenants by the developer , to be approved by the Town Attorney , and the matter of the developer and the Town Attor- ney getting together with respect to provisions for a new Mixed Use Business " F " zone , that he did not think that was the proper sequence of action . He suggested this should originate in the Planning Board , then come to the Tovm Board , and then a committee should work it over before it came to him . fire Fabbroni stated with respect to the cove - nants that matters have pretty much taken that course . The covenants were not technically sound enough even to ask for the Toxin Attorney ' s opinion . They are still being worked one He said , further , that Monkemeyer , as the applicant , ought to have his attorney indicate what they want in a Business " F " Mixed Use zone ° that it is not up to the To-an to draft a Business " F " Mixed Use zone because they want ore . Hre Buyoucos said the Planning Board and/or the Town Board should study the matter and make comments , and then pass it on to him for consideration . 'here was some general discussion of covenants , their legal � .. .L cts , and private covenants and municipal covenants contrasted , of the comment being furnished by the Town Attorney , Councilwoman Raffensperger inquired whether the Planning Dccard had made a determination or decision about the distribution sically of the mixed use and re- zoning of 30 acres to commercial . Firs . Bronfenbrenner said the Planning Board is still very much in the discussion stage . She said this is one of the most complicated proposals they have had ( Monkemeyer proposal ) . Town Supervisor Supervisor Schwan reported with regard to the Cliff Street Pump Station that Lozier Engineers , Inc . estimated it would cost $ 44 , 000 to rebuild the existing station and to build a new one it would cost $ 60 , 000 . He read from the report . � a6 REPORT OF PLANNING BOARD CHAIRWOMAN The Planning Board gave final approval to the proposed AZulti -Family Development on existing Multi °Family District behind Ellis Hollow Apartments , by Ivar Jonson ( Tax Parcel No . 6 - 62 - 1 - 1 . 122 ) . Main discussion at the final hearing on this proposal dealt with ingress and egress problems to the new road , which may eventually be part of the new road from Ellis Holloi:a Road to Route 366 . The County Planning Department was disturbed by the number of proposed curb cuts . Larry Fabbroni pointed out that input at the community hearings on the circumferential road indicated that the public was opposed to a high speed , limited access highway . There will be curb cuts only every 200 feet . The Planning Board , as well as Mr . Dusky from the Elderly Hous - ing , asked for assurance that a high , effective buffer would be , planted between the two housing developments . The Planning Board had two Public Hearings on the Evan Monkemeyer proposal of the : proposed rezoning of 8 . 05 acres from Business " C " and Residential : 9 and Residential 30 to Mixed Use ( Commercial Multi-Family ) District ( to be called Business " P " ) , and proposed rezoning of 18 . 60 acres Residential 9 . and Residential 30 to * Busi - ness " C " , and proposed addition of Mixed Use Business " F " ( Commercial ° Multi -Family ) Dietrict to Town of Ithaca Zoning Ordinance . Town of Ithaca Parcel Nom 6 743 ° 1_ 3 . 2 . The Discussions dealt with the following matters .o - ° past violations of Town Ordinances and site plan approvals by the developers ° drainage and buffer problems at Mr . Monkemeyer ' s Springwood development * and conversion of a barn without Town Board approval to a multi ° family ( seven ) unit in a residential district . the impact of the proposed development on the neighborhood , traffic , housing patterns , etc . - - assurance from the developer that the standards of construc_ tion and development he has proposed will be met mainly through a covenant , that will stay with the property even if it changes ownership . The following motion was made at the Ma y 3rd meeting .* tha t the Planning Board delay further action on the zoning re° quest pending the re-writing of the covenants of The Moun- tain Parkway Business Center to provide a minimum amount of open space * that suggested changes be made in the cov- enant , particularly those paragraphs 016 and 17 ) that deal with duration and amendment of the covenant * that the cov° enant be approved by the Town Attorney and also that the developer in conjunction with the Town Attorney draw up a preliminary draft of a definition of the Mixed Use Business " F " zone . The Planning Board also proposed that action be taken to complete the work required to channel the water from Spring- wood downstream as set forth in the Town Board minutes of December 10 , 1973 . (Noted The only action the Planning Board can take on a re° zoning request of this type is to make a recommendation that the Totmrn Board consider the re- zoning proposal . It must also be reviewed by the County Planning Department . See General Municipal Law 239 ) 107 The Planning Board considered a preliminary plan for the Eastern Heights Parkland , presented by Raphael Pumarada of the Cornell Work Study Program . The Planning Board approved sign applications for the East Hill Depot Restaurant and the Beaujolais Cafe and also considered the expansion proposal of the Eastern Artificial Insemination Cooperative . The final approval of the Longhouse Development Cooperative request was postponed to the May 17th meeting to give Planning Doard members a chance to take a look at the site . The Chairwoman has been contacted by some Northeast residents who feel that the DeWitt Recreation site development may delay work on the proposed Northeast parks . i Town Board Minutes - 3' - May 16 , 1977 Councilman Powers recommended asking the people in the area if they want to go to the expense of doing this work . Supervisor Schwan said that he has information that the residents in the affec - ted area will change their services . He agreed , however , that they should be asked . Councilman Desch said we should get an estimate of the cost of the pipe . Supervisor Schwan said the system should be looped ( probably up Coy Glen to Glenside and over to the existing terminus of the water main on Glenside . ) ACCEPTANCE OF ROADS LEXIN15TON DRIVE and CAMPBELL AVENUE Motion by Supervisor Schwant seconded by Councilman Desch , RESOLVED , that this Town Board hereby accepts Lexington Drive and Campbell Avenue as official Town roads , upon recommendation : of the Town Highway Superintendent and the Town Engineer , both roads having been completed to Town specifications . ( Del Rosso , Raffensperger , Powers , Desch , Valentino , and Schwan voting Aye . Nays - none . ) RESOLUTION ESTABLISHING THAT CERTAIN TOWN ROADS ARE ELIGIBLE TO RECEIVE STATE AID FUNDS Motion by Councilman Desch ; seconded by Councilman Powers , RESOLVED , that Lexington Drive and Campbell Avenue have by resolution of the Town Board of the Town of Ithaca on May 16 , 1977 been accepted as Town roads , and that a change in road mileage has been affected as follows e Winston Drive from 943 to . 28 ( - 015 ) Salem Drive from . 80 to . 65 ( - 015 ) Winston Court from . 18 to 9 .48 ( + . 30 ) because of the name change of . 15 miles of Winston Drive to Winston Court and . 15 miles of Salem Drive to Winston Court , and that this resolution with respect to the accepted Town roads has been made for the purpose of establishing the fact that these roads are eligible to receive State Aid funds . (Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) DE WITT HIGH SCHOOL RECREATION SITE Councilman Desch suggested that this matter be turned over to the Park Committee . Supervisor Schwan said in ' , particular , the Committee should look into Mr . McEwen ' s problem with regard to chil - dren walking through his property . He said if this is a worthwhile project , a fence should be erected on , the school line which is back lots of the houses involved . Mr . Fabbroni said he agreed that the expense is not excessive in connection with this project . The Super- visor said there is in the back of the highway barn some old anchor chain link fence which is still usable and that Pair . Fabbroni should look into this and see how many feet of fence there are . It could be spray painted with aluminum paint . fir . Fabbroni hoped a decision ' could soon be reach on this recreation site since there is a renewed deadline of June 15th to try to put together local funding for the project , and any delay beyond the first week in June would make matters difficult . /G9 Town Board Minutes - 4 - May 16 , 1977 Supervisor Schwan asked if the two villages were prepared to contribute their $ 15 , 000 share . Mr . Fabbroni said the Village of Cayuga Heights , at least , is most favorably disposed . Mr . Fab- broni asked the Town Board to adopt a resolution to commit $ 30 , 000 to the project , even if at this time it did not come to a decision to adopt the site plan . Councilman Del Rosso said although this appears to be an excellent project , the Town Board should , before it takes it on , seriously consider how the area will be policed and how much it will. cost . He noted the cost to the Town of the City Youth Bureau Program has increased each year . Supervisor Schwan agreed , but said even more specifically , he was concerned over the fact that the Town is being asked to contribute $ 30 , 000 and ( 1 ) assume the maintenance of the holding pond on property it does not own and ( 2 ) maintain black top areas . He said the School District had not required this in other instances . Mr . Fabbroni said these concerns will have to be discussed in committee . Councilman Desch suggested that the availa - bility of , the $ 30 , 000 should be contingent upon working out a satis@ factory arrangement with the School District on maintenance . Motion by Councilman Desch ,/ seconded by Councilman Powers , RESOLVED , that the Town of Ithaca hereby declares its intention to commit $ 30 , 000 as the Town of Ithaca ' s local share in the funding of the DeWitt Junior High School Recreation Site , which may be funded from the Town ' s Capital Reserve Fund established for parks and re- creation or from Federal Revenue Sharing funds which will be avail- able in the coming year under the new entitlement , all contingent upon the Town and the School District reaching a satisfactory arrange - ment with regard to maintenance , particularly of the holding pond and the asphalt areas . ( Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) IVAR JONSON PROPOSED MULTI -FAMILY DEVELOPMENT The Board again discussed the Ivar Jonson proposed multi - family development . Mr . Fabbroni suggested that if approval were given to the project it should be contingent upon New York State Health Department approval specifically with regard to water pres - sures . Motion by Supervisor Schwano seconded by Councilman Del Rosso , RESOLVED , that this Board hereby approves the proposed Ivar Jonson Multi - family development of 101 units north of the Ellis Hollow Road a.ra.rtments ( Tax Map Parcel No . 6 ° 62 - 1 - 1 . 122 ) with the stipulation that such approval is contingent upon New York State Health Depart- ment approval , specifically with regard to water pressures . No action was taken on this motion at this time . Further . discussion developed the fact that the Board had problems visualizing the proposed development in relation to the surroundings - - the Ellis Hollow Apartments , the dental building , the highway , location of exits and entrances , etc . Councilman Desch suggested a blow-up of an aerial photograph with the proposed develops ment superimposed on it would be the most practical way to visualize the project and come to a decision . Councilwoman Raffensperger said she felt there are certain problems with this development . She said she is concerned about the number of entrances and exits along what may be a highway . She does not want this Board to create a problem which it will have to deal Town Board Minutes - 5 - May 16 , 1977 with later , The road appears to be very close to the first row of houses . Supervisor Schwan said when the land was re - zoned the Town required that the right-of -way be reserved , but there was a restric - tion on owners with respect to curb cuts ; there was no stipulation about limited access . Councilwoman Raffensper,ger asked if this meant nothing could be done . The Supervisor and Councilman Desch said this definitely was not the case if there was a clear hazard to the public , _ but the Supervisor said this has never been spelled out prior to this time . Councilwoman Raffensperger said it appeared this is a develop •, ment which will inevitably bring a large number of children to the ' area , that the Town already is dealing with problems it cannot solve with the roads already in existence ; that the Board should look care - fully before creating additional problems . ' If cutting down the num- ber of entrances and/or exits is possible , it should be done . There was discussion of how close to . the road the buildings will be . Mr . Fabbroni - said 60 ft . from the edge of the roadway , and 40 ft . from the edge of the right -of -way . That is the closest . Most of the buildings will be 50 ft . back . Councilman Desch said , as he had indicated , he would not make a decision until a blow-up of the whole corner of the Town is avail - able so that the Board can see how this proposal relates to the sur - roundings - - the roadway , the Ellis Hollow Apartments , the dental building , - entrances and exits , the pedestrian walkway , and matters such as drainage and traffic circulation . Councilman Powers said he supported Councilman Desch ' s position . Councilman Del Rosso said all of this should have been done in the planning stage if this was what would be required to make a decision , so that the Planning Board would know what is required and SO that the applicant would know what is required . Although this has not been done in other developments to this extent to date , Councilman Desch contended that this development was a particularly complicated one , and he did not think perfect agreement could ever be achieved between the Planning Board and the Town Board . Council - man . Del Rosso said he had sat in on many Board meetings and that this is the first time the question of peripheral things had come so much into play as it has in this development . Councilman Desch did not know that he agreed completely . He felt this project is big enough and complicated enough that the Board must take this direction . If the Board were looking at something with less impact , it � would be asking too much , but with a project like this one . . " that is how you get into the whole subject of environmental impact and the whole question of analyzing what is happening . In order to be responsive , we have to do it . 1° Councilman Del Rosso said again if this is some - thing the Town Board will require in the future the Planning Board sh3u .s.d be aware of it . The sense of the Board was that the motion should be tabled an:t so it was . The meeting will be adjourned until May 23 , 1977 at 5u015 p . m . at which time the project will be reviewed again - - with 1aterial available as recommended by ,Councilman Desch . Mr . Buyoucos noted it was his opinion that had the motion which was tabled been adopted , the resulting resolution would have been deficient . It should have referred to a recommendation of the Planning Board based on a specific identifiable set of plans and a specific recommendation , including conditions , if any , so that any- body reading that resolution would know exactly what had been approv- ed . Councilwoman Raffensperger recommended that if and when a reso- lution is adopted with respect to this project the identifying par- cel numbers should be included . All Board members concurred in this . ki Town Board Minutes - 6 - May 16 , 1977 ASSIGNMENT OF CERACCHE TELEVISION CORPORATION FRANCHISE TO A14ERICAN TELEVISION & COMMUNICATIONS CORPORATION Supervisor Schwan read letter addressed to him dated May 11 , 1977 from Joseph J . Collins , Vice President Eastern Operations , of American Television & Communications Corporation , in v7hi.ch A.iro Col - lines outlined the company ' s policy regarding line extensions and public access . There was discussion of a terminable period of 15 years to be included in the new franchise , when a new franchise is written . There appeared to be general agreement among Board members and the ATC that this is satisfactory . Councilman Powers said it appeared the Board had two ques - ( 1 ) whether to permit the assignment of the exist - ing franchise to ATC and ( 2 ) the matter of changes in the franchisee He thought the Town Board should make franchise changes a condition of transferring the franchise , but he -did not want any action on the assignment to prevent the Town in the future from making changes in the franchise . Supervisor Schwan said Mri Gault (ATC and Mix . indicated the have no ) Wiggins have Y quarrel with changing the franchise at some future date , including a clause for a 15 -year term . Councilman Powersi asked what the "mechanics " are for making changes in the franchise . The Supervisor said he assumed the Town would prepare a new franchise , send a copy to the company , and have a public hearing on the proposed revision . Councilman Powers asked what the point would be of a 15 - year term if either party can request that the franchise be changed any time in between . Town Attorney Buyoucos said the Board can either ( 1 ) approve the assignment of the franchise on conditions , or ( 2 ) approve the assignment and at the same time revise the franchise . If it is approved on conditions , it means the Town will require certain con - ditions to be included in a revision of the public franchise , after due notice , due process , including public hearing . Some of the things to be included in a revised franchise would be the term ; the franchise may be amended ( follow in . that intended provisions will be substantially uthose hset lforth - in tthe e Groton Village and City of ' Ithaca franchises , or whatever other pro - visions this Town Board may determine . In this way , the person apply- ing for the franchise has notice in advance as to what is intended to be done by the municipality and the municipality has not given a blanket approval to the assignment of the present franchise . There is a public policy involved now with respect to the length of terms Of TV franchises . In part it has to do with what the Federal Communi - cations Commission is going to do . The Town is dealing with a good company (ATC ) , Line extensions policy will be part of any amended franchise . Councilwoman Raffensperger noted that in the City of . Ithaca franchise there are specific requirements for public access which might become a model for public access . Councilwoman Valentino said the City of Ithaca formula may or may not become a model for the County Cable Commission . She said one of the things the Cable Com- mission will seek to achieve is a consistent policy for the whole County on public access . Supervisor Schwan noted that obviously any- thing that goes out over the cable as a public access broadcast will be received in the total County viewing area . Supervisor Schwan said , based on Mr . Collins " letter and discussions had , he saw no reason to hold up the assignment of the franchise any longer . Councilwoman Valentino said the Cable Commis - sion is having a mecting on May 19th , and she asked the Board to de - fer action until Mon%:: � y , May 23rd Mr . Wiggins argued strongly Town Board Minutes - 7 - May 16 , 1977 against delay , citing this as a period of uncertainty . There are serious employee problems . Do they have jobs ? The new company must make long range plans on maintenance and improvements . Mr . Wiggins said if there were something about the credentials of the company which the Board had concern about , he would understand a delay . If it has to do with modifying the existing franchise , there is ample time to review it in depth . The people on the Cable Commission who will meet on Riay 19th are not going to discuss these problems and come up with a unanimous decision on how the franchise will read . Mr . Wiggins said the questions before the Board iso Is this a responsible company? He said if this transaction were to fall through , the chances of finding another such responsible buyer are remote . After questions about the ATC and Ceracche transfer time table , the Board felt one week would not jeopardize the transaction . Councilman Desch recommended that Councilwoman Valentino , working with any other Board member or members and with the Town Attorney , draft a resolution for presentation on May 23rd . Mr . Buyoucos sng - gested that any resolution ought to be reviewed by the Town Board at a work session before the 23rd . ADJOURNMENT The meeting was duly adjourned to May 23 , 1977 at 5015 p . m . Edward L . Bergen Town Clerk