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TB Minutes 1977-11-21
q0 TOTIN OF ITHACA ADJOURNED BOARD MEETING November 21 , 1977 - 5015 p . no 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 21st day of November 1977 at 5 .a15 p . m . , there were PRESENT : Walter J . Schwan , Supervisor Andrew W . McElwee , Councilman Noel Desch , Councilman Robert N . Powers , Councilman Catherine A . Valentino , Councilwoman Shirley Raf£ensperger , Councilwoman ALSO PRESE14T0 James V . Buyoucos , Town Attorney Peter Grossman , Buyoucos Barney Lawrence P . Fabbroni , Town Engineer./Building Inspector Bernard Stanton , Planning Board Henry Aron ,. Planning Board Representatives of the Media ABSENT . Victor Del Rosso , Councilman REPORT ON BEACON HILLS 14r . Fabbroni distributed to Board members a memorandum entitled " Inspection of Beacon Hills Village , Phase I , Stage I , in Accordance With Ordinance Relating to Unsafe Buildings and Collapsed Structures . " This report is made a part of these minutes . Mr . Fabbroni observed that the report is fairly thorough , (. ;;) 'vering existing condition of the buildings and recommended actions to correct the structural deficiences in the buildings . He noted t .*ei - if the corrections were made , the buildings . would not ' be in a ; acre completed state than they are now , but they would be in a much more acceptable condition to move on to the next phase of completion ( if that is what the owner contemplates ) . If the recommended correc- tions were made they would be acceptable buildings . Mr . Fabbroni went on to say that if the Board approves his report , the local law provides for notification to the builder to remove or - repair the buildings , ' such work to � commence within sixty days after notice . If the owner objects to making the changes , then . there is a formal proceeding in which two persons are appointed - - an inspector and an architect . The owner of the building then ap- points an architect , engineer , or builder as his representative , and these three inspectors do a follow-up inspection ( similar to Mr . F ab- broni ' s ) and determine what must be donee, and those findings are brought before the State Supreme Court and judicial findings are rendered . It goes from a simple way of resolving the matter to a more and more judicial way to resolve the matter and the recovery of the costs for all the inspections . I,f the Sibley Corporation finally refuses to do anything , the Town can , through the Courts , be empowered to remove the buildings and charge the cost back on the tax rolls as a lien against the property . 4.4 qq e i Town Board Minutes - 2' November,' 21 , 1977 Mr . Fabbroni said it .appears "Sibley Corporation will, not b , ready with any proposal for four to six months- .. The sense of' the. Board was, that proceedings should commene c at the earliest possible time for the repair or removal of the buildings . Sibley has the. choice of removing the buildings or com- pleting the repairs in accordance with Mr . Fabbroni Is recommenda - tions . In order to clarify the procedural steps, Mr . Fabbroni read the ordinance regulating Unsafe .Building's and 'Collapsed "Structures adopted July T , 1960 { effective August T.., 1960 ) . Councilman -Desch suggested it might be worthwhile� to: lserve' notice requiring a plan and schedule for the corrective action recommended in terms of com- pletion inside and outside . Supervisor .Schwan added that it .might be stipulated that Sibley must begin within 60 days , otherwise the next step in the procedure -takes place ,, -,and the schedule will be part of the notice . Motion by Councilman McElwee9 seconded by Superv:isor 'Schwan , RESOLVED , thato. le Based upon the report of the Town Building Inspector , dated November 21 , 1977 , it is ordered that all unsafe buildings and structures , as described in said report , be repaired or removed , and it is further ordered that the Town - Building Inspector , in con- junction with the Town Attorney , shall . A . Serve a notice upon the Owners ok Other per$ons having an interest in the property in accordance with the provision of the Town Ordinance adopted July 7 , 1970 , effective. August 7 , 1960 and Town Law Section 130 ( 16 ) and any other applicable provisions contain° ing the above order and all other requirements of law , and Be Shall . take any and all other steps required and permit- ted by law , including the conducting of a survey and the commence - ment of court proceedings in the event of non-compliance with the notice . '.iaffensperger , Powers , HcElwee , Desch , Valentino and Schwan voting ra . Nays none . ) I Town Attorney - Buyoucos observed that these proceedings have nothing to do with cosmetics or esthetics . It is strictly a matter of a hazardous -situation . BIDS ON POLE BARN The Board discussed the construction of a pole barn to be constructed on the site of the Town highway facility for the storage of salt and sand . Hr . Fabbroni estimated that a pole barn would cost about $ 15 , 000 and $ 2 , 500 for blacktopping and paving the floor for the structure . Councilman Desch recommended authorizing $ 17 , 500 for this project or possibly something more . Mr . Fabbroni said he would add about 10 % to this figure making a suggested outside price for the project $ 19 , 000 . The pole barn would house sand and salt and would be totally enclosed . There would be no leakage of materials into streams or anywhere outside the buildings . This is a require- ment of the Department of Environmental conservation . Motion by Supervisor Schwan ; seconded by, Councilman Powers ; RESOLVED , that the Town Engineer shall arrange for the advertisement for bids on the construction of a Pole Barn for the storage of salt and sand on the site of the Town highway facility , it being under- stood that the cost of such Pole Barn shall not exceed the sum of $ 19 , 000 . ( Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none ) Town Board Minutes - 3 - November .21 , 1977 STORAGE OF VOTING MACHINES Councilman McElwee recommended that the Towns voting machireG should have some sort of cover to protect them . The possibility of storing the voting machines at the places was discussed . For . various reasons this appeared to be impractical (vandalism , storage charges , etc . ) The Board then directed fir . Fabbroni to look into where the voting machines might be stored . Councilman McElwee sug- gested they might be stored over the office at the Town highway facility . Per . Fabbroni said he would look into the matter . INSERTS IN 1978 TOWT TAX BILLS The Board discussed the mmatter of inserts in the Town tax bills , as originally suggested by Councilwoman Raffensperger - - inserts having to do with residential. occupancy , summary of circum- stances in which • a building permit is required and procedure for obtaining a pormst ; similar material for commercial establishments , including sigh ordinance materials . Councilwoman Raffensperger , upon reconsideration , agreed that more pages might be necessary for such inserts than would be practical . She suggested , therefore , an alter- nate possibility , that the Town might . send out a� post - card survey to cover the same ground . Such information , she said , might be helpful when the Board is working on the Zoning Ordinance and discussing various kinds of residential use in different areas , and in determina - tion of occupancy percentages . A bulk mailing permit type ' of post - card might be used . Supervisor Schwan noted it would probably cost about $ 300 in postage for such a mailing . He said he did not oppose such a survey , but recommended first that the Board look into the Tompkins County Assessment Division ' s computerized material to ' see how much of the information the Town seeks is already available . Councilwoman Raffensperger said the focus of the proposed survey is the conviction of some people that the Town does not have accurate information about occupancy in the Town of - Ithaca ; that for ^ning enforcement some kind of survey is needed . She said if the Town is willing to accept the records it has as accurate that is one thing , but if it wants confirmation , some type of survey will have to be made . Councilman Powers said it was his recollection that the Tompkins County Assessment Division was doing a survey of this type for a complete re- evaluation , re- examination , and re -assessment com- prising the type of information Councilwoman Raffensperger had in mind . The sense of the Board was that before doing a Town survey , it would be best to first look into what information the Tompkins County Assessment Division may already have on hand . PUBLIC HEARING SCHEDULING - 11SPRINGWOODt1 The Board discussed the proposed 8 -car garage at 123 East . King Road ( " Springwood " ) , Tax Parcel 6 - 43 - 2 - 8 , zoned Multiple Pies i - donce District and owned by Evan Monkemeyer , and reviewed plans for this proposal . During the discussion it was observed that the Flan ning Board has already found this project satisfactory and finds n4, objection to it . It was the sense of the Board that a public hear^ ing ought to be held on this matter . Motion by Counci . _: riar:. T4cElweer* seconded by Councilman Desch , RESOLV ED c tha 4 this Town Board will hold a Public Hearing on December 13 , 1 :777 at 6 < 3 © p . m . to consider proposed 8 -car garage at 123 Rist King Road ( " Springwood " ) , Tax Parcel 6 - 43 - 2 - 8 , zoned Multiple Resi - dence District and owned by Evan Monkemeyer . ( Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none . ) Town Board Minutes 4 m . ,NOV, 21 , 1977 Councilman Powers recommended that Mr., Monkemeyer be'lv irdmi-!Odd that he has a commitment with respect to t'he buffer between., his. property and the 9taz propetty . Councilman Desch observed that the deadline on this is December le 19774i ADJOURNMENT The meeting was duly adjourned . Edward "L . Bergen Town ji Clerk i M E M O R A N D U M TO TOTIN BOARD FROM : LAWRENCE P . FABBRONI , P . E . BUILDING INSPECTOR SUBJECT : INSPECTION OF BEACON HILLS VILLAGE PHASE I , STAGE I , IN ACCORDANCE WITH ORDINANCE RELATING TO UNSAFE BUILDINGS AND COLLAPSED STRUCTURES DATE : NOVEMBER 211 1977 On November 18 , 1977 , I inspected the site in question to update my inspection of April 5 , 1976 , and report of April 12 , 1976 . The results of my physical survey and recommended action are as follows ( all Buildings are referenced to the Beacon Hills Village Phase I , Stage I , as prepared by Erdman Anthony Associates and dated May 1973 ) : A . ETON COURT 1 . ) 2 - 6 Stall Garage Buildings Condition a . Concrete slab cut by major tension and shear cracks . There is no surface drainage around foundation . b . Frame lumber for roof rafters generally in good condition with some rafters starting to show weather damage , some cracked longitudinally ( end to end ) , and fungus damage . c . Exterior plywood is weather damaged with peeling , delamina= tion , buckling and widespread fungus and mildew . d . Wall studs beginning to show weather damage and mildew . 2 - 6 Stall Garage Buildinqs Recommended Action a . Provide adequate perimeter and subsurface drainage to prevent further slab cracking and differential frost heaving . . b . Replace roof plywood , shinqle roof , and protect exterior . walls with weatherproof covering . c . Replace split and/or fungus affected roof rafters and split load bearing studs . OR a . Remove both 6 stall buildings entirely ( including slabs ) . 2 . ) Unit 51 Condition a . Base plate for walls and bottom of studs mildewing . _ EL Beacon Hills Report - 2 - Fabbroni 11 / 21 / 77 b . Second floor beams ( joists ) are generally in good condition where covered by second floor plywood ; some minor warping and fungus damage from open weather condi- tions . c . Second floor and exterior plywood all exposed to rain , snow , soaking , drying , freezing , thawing and other raw weather conditions , is fungus damaged and mildewing . Unit # 1 Recommended Action a . Replace second floor and exterior plywood fungus damaged and protect with weatherproof covering . b . Replace all base plates for first floor partitions . c . Relevel slab , square building frame , and straighten walls . OR a . Remove entire Unit # 1 . 3 . ) Unit # 2 Condition a . Uncovered partitions are out of square , out of plumb , top plates are warping , and bottom - plates for walls are weather soaked and mildewing . b . Studs in partitions are splitting , warping , water soaked , and mildewing at base . c . Exterior plywood is peeling and warped where open to weather and not nailed sufficiently . d . Slab is totally broken up with heaving apparent . Unit # 2 Recommended Action a . Replace plywood that is damaged or fungus damaged and protect with weatherproof covering . b . Replace split and mildewed studs in load bearing parti- tions . c . Provide foundation drainage . d . Cover with a weatherproof material . OR a . Remove entire Unit # 2 including slab . Beacon Hills ' Report - 3 - Fabbroni 11/21 / 77 4 . ) Units 43 , 4 , 5 , '6 Condition a . Base plate and bottoms of wall studs weather soaked and mildewing . b . ' Second floor beams are generally sound where covered by second floor plywood with some water soaked and fungus damaged at south end of structure . c . Second floor plywood exposed to weather conditions is fungus damaged , peeling , and delaminating . Incomplete nailing has allowed water to seep between plywood laminations and increase damage . d . Some exterior plywood is mildewing and delaminating . e . Cement joints on foundation are being broken by heaving from freeze/thaw cycles and no foundation drainage with slab starting to show major cracks . Units # 3 , 4 , 5 , 6 Recommended Action a . Remortar and bond joints in block foundation while providing complete drainage for the foundation . b . Relevel slab . c . Replace base plates for wall partitions . d . Replace . split studs or mildew penetrated studs in load bearing partitions . e . Replace fungus damaged floor beams . f . Replace second floor plywood completely and protect with weatherproof covering . g . Replace damaged exterior wall plywood . OR a . Remove entire Units # 3 , 4 , 5 , 6 including slab . 5 . ) Unit # 7 Condition a . Exterior plywood is weathering , bowing , and warping ; much of the exterior is inadequately nailed or has come un- nailed from soaking and wind conditions . b . Studs in partitions are .splitting , warping , mildewing , and bowing due to open weather conditions . c . Base plates are water soaked and mildewed . d . Uncovered partitions are out of square , out of plumb and top plates are warping . . Beacon Hills Report - 4 Fabbroni 11/ 21 /77 e . Slab is cracking and not level . f . Crack full length of support slab is allowing differentia .' levels between Units # 7 and # 8 . Further settlement will lead to further twisting and bending of frame and its members . Unit # 7 Recommended Action a . Foundation drains shall provide sufficient drainage . b . Foundation slab shall be relevelled . c . Replace all4base plates and square , plumb , and straighten all partitions and floors . d . Replace split and cracking and/or severely mildewed studs in load bearing partitions . OR a . Remove entire Unit # 7 . ' 6 . ) Unit # 8 Condition a . Base plate water soaked and mildewed , with bottoms of stud mildewing . . b . Second floor beams generally sound with a few weather soaked and fungus damaged . c . Second floor plywood water soaked , delaminating , and fungu damaged . d . Exterior wall plywood delaminated or slightly warped in selected areas . e . Lumber for second floor partition plates is mildewing and warped . f . Unstacked stud lumber is warping and twisted . Unit # 8 Recommended Action a . Foundation should be well drained and slab relevelled . b . Replace all base plates . c . Replace all second floor plywood and protect with weather- proof covering . d . Replace all damaged studs in load bearing walls . e . Replace all floor beams ( joists ) where fungus damaged . Beacon Hills Report . - 5 - Fabbroni 11 / 21 / 77 f . Replace exterior plywood where damaged . OR a . Remove entire Unit # 8 . 7 . ) Units # 9 , 10 , 11 , 12 Condition a . Base plates water soaked and mildewing . b . First floor studs mildewing at bottoms . c . Second floor beams generally sound with spotted water soaking and fungus damage . d . Second floor base plates are mildewing . e . Second floor studs are weathering , splitting , bowing , warping , and mildewing . f . Second floor plywood with many unnailed sheets is warping , delaminating , and fungus damaged . . g . Mortar joints are unbonded and foundation heaving . Units # 9 , 10 , 11 , 12 Recommended Action a . Provide proper drainage for and remortar and bond joints in foundation . b . Replace all base plates . C . Replace splitting and warped studs in - load bearing walls . d . Replace fungus damaged floor beams . e . Replace all second floor plywood . f . Replace exterior plywood where damaged . g . Weather cover or otherwise protect structure . h . Square , plumb , level , and straighten all walls , floors , and slabs . OR a . Remove entire Units # 9 , 10 , 11 , 12 including slab . B . BEDFORD COURT 1 . ) Units # 1 , 2 , 3 , 4 Condition a . Structure basically unsound and hazardous . Beacon ; Hills Report - 6 - Fabbroni 11/ 21/ 77 b . Roof trusses badly warped and twisted have collapsed and are imposing a twisting weight and movement on structural walls . Ca First floor studs and second floor beams generally in good condition with bottoms of studs showing some mildewing and base plates also mildewing . d . Second floor partitions are out of square , bowing , and warping . e . Second floor studs are splitting , bowing , warping , and mildewing . f . Second floor plywood is delaminating and fungus damaged . g . Exterior plywood not protected by overhang is delaminating and warping in places . h . Parts of load bearing partitions have been ripped out by vandals . i . Lumber laying haphazardly is warped and twisted . j . Foundation is breaking up and throwing the whole building out of square . Units # 1 , 2 , 3 , ' 4 Recommended Action 1 a . Relevel and drain foundatione t b . Square up entire frame . C . Replace mildewed base plates . d . Replace all second floor plywood . e . Replace roof trusses . f . Stabilize entire building . g . Weatherproof entire frame temporarily or permanently . OR a . Remove entire Units # 1 , 2 , 3 , 4 including slab . 2 . ) Units # 5 , 6 Condition a . Foundation slab showing shear and tension cracks from weathering , frost heave , and differential settlement . Units 45 , 6 Recommended Action a . Foundation slab cracks should be cleaned and grouted after. Beacon Hills Report - 7 - Fabbroni 11 / 21/ 77 entire slab is checked and corrected for differential settlement , drainage improved , and slab levelled . OR a . ' Slab should be removed . 30 Units V , 8 , 9 , 10 Condition a . Base plates of partition mildewed . b . First floor studs mildewing at bottoms and splitting . c . Second floor beams generally sound except where water soaked and fungus damaged . d . Second floor partitions are out of square , bowing , and warping . e . Unstable outside walls have been ripped off building by wind making remaining walls unstable . • f . Second floor plywood is water soaked , delaminating , and fungus damaged . g . Exterior plywood is delaminated and splitting in places . h . Trusses and lumber poorly stacked and stored uncovered are weathersoaked , warped , and twisted . Units # 7 , 8 , 9 , 10 Recommended Action a . Replace all base plates . b . Replace all split or mildew damaged studs in load bearing walls . c . Replace all fungus damaged floor beams . d . Square , plumb , and straighten entire building walls and floors . e . Replace all second floor plywood . f . Replace exterior plywood where damaged . g . Weather protect entire structure . OR a . Remove entire Units # 71 8 , 91 10 . . Beacon Dills ' Report - 8 - Fabbroni 11/ 21/ 77 4 . ) Units # 11 , 12 Condition a . Framing generally in good shape except some exterior plywood is delaminated or warping . b . Some second floor studs and base plates are mildewing . C . Some second floor plywood is mildewing and fungus damaged . Units # 11 , 12 Recommended Action a . Replace exterior plywood where damaged . b . Replace second floor base plates , load bearing studs , and plywood where mildewed . c . Weather protect entire structure . OR a . Remove entire Units # 11 , 12 . 5 . ) 2 - 6 Stall Garage Buildings Condition a . Concrete slab intact . b . Frame lumber generally in good condition with some roof rafters starting to show weather damage or fungus damage . c . Exterior wall plywood generally weather damaged with spotted peeling , spotted delamination , spotted buckling . d . Exterior roof plywood widespread fungus and mildew damage . 2 - 6 Stall Garage Buildings Recommended Action a . Replace entire exterior roof plywood , shingle roof , replace damaged side plywood , and protect exterior walls with weatherproof covering . OR a . Remove both 6 stall buildings entirely . C . WINDSOR COURT 1 . ) Units # l , 2 , 3 , 4 , 5 , 6 Condition a . Foundation slab showing tensile and shear cracks due to differential settling , spaulding due to exposure , and heaving due to frost . Units 41 , 2 , 31 4 , 5 , 6 Recommended Action a . Foundation slab cracks and spaulding should be cleaned and F3eaco_n Hills ,Report Fabbroni 11/ 21/ 77 ire slabs are checked and corrected grouted after for entire differential settlement and level and drainage improved . OR a . Slabs should be removed . 2 . ) jesternmost 5 Stall Garage Condition a . Exterior plywood generally weather damaged with spotted peeling , delaminati. on , buckling , and widespread fungus and mildew . Westernmost 5 Stall Garage Recommended Action a . ' Replace all exterior roof plywood , shingle roof , and protect exterior walls with weatherproof covering . OR a . Remove entire westernmost 5 stall garage . 3 . ) Easternmost 5 Stall Garage Condition a . Exterior plywood generally weather damaged with ° widespread fungus and mildew . b . Open roof rafters twisted and warped exposed to weather elements with no lateral support . c . Slab badly cracking up because of inadequate foundation drainage . Easternmost 5 Stall Garage Recommended Action a . Replace all exterior roof plywood , shingle roof , and T protect exterior walls with weatherproof covering . OR a . Remove entire easternmost 5 stall garage . D . LYONS COURT , REGENTS COURT , AND SUSSEX COURT 1 . ) All Garages Condition a . Exterior plywood generally weathered with spotted fungus and mildew . All Garages Recommended Action ` a . Replace all weathered roof plywood , shingle roofs , and protect exterior walls with weatherproof covering . OR ,� a . Remove entire 6 garages .