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Home My WebLink AboutTB Minutes 1978-04-24 �o TOWN OF ITHACA SPECIAL BOARD MEETING April 24 , 1978 - 5 : 15 p . m . At a Special 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 24th day of April , 1978 , at 5 : 15 p . m . , there were PRESENT : Noel Desch , Supervisor Andrew W . McElwee , Councilman Catherine Valentino , Councilwoman Shirley Raffensperger , Councilwoman Gust L . Freeman , Jr . , Councilman ALSO PRESENT : Lawrence P . Fabbroni , Town Engineer/ Building Inspector Robert Bonnell , Assistant to Town Engineer John C . Barney ( Buyoucos & Barney ) Evan Monkemeyer , Developer David B . Gersh , Attorney ( Monkemeyer ) Stuart Knowlton , Manager , East Hill Plaza Liese Bronfenbrenner , Chairwoman , Planning Board Beverly Livesay , County Representative Bob Lynch , WTKO ABSENT . Victor Del Rosso , Councilman Robert N . Powers , Councilman SELF - SERVICE GAS ISLAND AND PHOTO- KIOSK Mr . Stuart Knowlton presented his Plot Plan 7844 - 6 dated April 6 , 1978 , for a self - service gas island and photo - kiosk on East Hill Plaza . A lengthy discussion ensued . Various concerns were ex - pressed , particularly with regard to traffic generation in the area , and ingress and egress to the facility from Ellis Hollow Road . Mrs . Bronfenbrenner , Chairwoman of the . .. Town Planning Board , noted that the Planning Board intended that there would be no left turns off Ellis Hollow Road . Mr . Fabbroni said there would be a few timesa day when the traffic could be a problem , but not on a continuing basis all day long . Mrs . Bronfenbrenner noted that the Planning Board had approved the plan , but with several dissenting members , the nature of the dissent being there was ( 1 ) no need for such a facility , and ( 2 ) the area would become an " Elmira Road " development . Mr . Fabbroni said he felt the real reason for their dissent was the access off Ellis Hollow Road . There was no objec - tion from the Town Board with respect to use of the site , the Board considered the use appropriate . Councilwoman Raffensperger said her greatest concern was traffic generation . Councilwoman Valentino was opposed to any left hand turn off Ellis Hollow Road . Mr . Knowlton said that without access from Ellis Hollow Road the project might be an economic disaster . Supervisor Desch did not believe this would prove to be the case . No consensus could be reached leading to a resolution satisfactory to a majority of the Board members . However , the Board did not feel it was appropriate at this time to deny the S � Town Board Minutes - 2 - April 24 , 1978 development of the parcel for a gas station and photo - kiosk . The sense of the Board , after long discussion , was that Mr . Knowlton , working with the Town Engineer , Mr . Fabbroni , should revise the plan , and present a new proposal on May 2 , 1978 . Therefore , the Board acted as follows : Motion by Councilman Freeman , seconded by Supervisor Desch , RESOLVED , that Stuart Knowlton revise Plot Plan 7844 - 6 , dated April 6 , 1978 ( in the light of discussion held this day ) , with the assistance of the Town Engineer , and make a new presentation and request for approval at an adjourned meeting of the Town Board on May 2 , 1978 . ( Freeman , McElwee , Valentino , Raffensperger , and Desch voting Aye . Nays - none ) TV FRANCHISE In view of certain changes proposed in the new television franchise to be granted to Ceracche Television ( ATC ) , including rate changes , installation changes , converter deposits , and the like , which are financial matters , it was the sense of the Board that a public hearing in this matter should be held . Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLVED , that this Town Board will conduct a public hearing on May 8 , 1978 , at 8 : 00 p . m . , to consider the adoption of a revised television franchise and rate schedule proposed to be granted to Ceracche Television ( ATC ) . ( Valentino , Raffensperger , Freeman , McElwee , and Desch voting Aye . Nays - none ) CANCELLATION OF AGREEMENT BETWEEN THE TOWN OF ITHACA AND ROCCO LUCENTE WITH REGARD TO CERTAIN ROADS John C . Barney ( Buyoucos & Barney ) recommended that if the Town is no longer holding Mr . Lucente responsible for construction of Pinewood Drive , Salem Drive , Birchwood Drive , north Sycamore Drive and Pinewood Place , the Supervisor should be authorized to issue a letter of fulfillment which would permit cancellation of the agree - ment between the Town and Mr . Lucente . Mr . Fabbroni said the roads have met the Town ' s specifica - tions and the letter of credit in the amount of $ 17 , 000 has been released . The Board acted as follows . Motion by Councilman Freeman , seconded by Councilman McElwee , RESOLVED , that the Town Supervisor is hereby authorized to issue a letter of fulfillment which will permit the cancellation of an agreement between the Town of Ithaca and Rocco Lucente involving the construction of Pinewood Drive , Salem Drive , Birchwood Drive , Sycamore Place and Pinewood Place , letter of credit in the amount of $ 17 , 000 from Rocco Lucente to the Town of Ithaca having been re - leased . ( Freeman , McElwee , Valentino , Raffensperger , and Desch voting Aye . Nays - none ) eo Town Board Minutes - 3 - April 24 , 1978 " ART COLONY " - MONKEMEYER REQUEST FOR RE - ZONING Supervisor Desch recalled that in March of this year the Town Board considered re - zoning the " Art Colony " on Danby Road , 1 . 05 acres of land owned by Herbert and Lenora Monkemeyer ( with Evan Monkemeyer as Agent ) , Parcel 6 - 43 - 1 - 3 . 2 from Business District " C " , Residential District R- 9 , and Residential District R- 30 to Multiple Residence . The hazardous condition of the building , particularly wood frame construction , was of grave concern to the Board . Mr . Fab - broni noted that all three buildings are in violation of the multiple residence laws of the State of New York ; all have build - ing code violations , and violate the Zoning Ordinance of the Town of Ithaca . In view of this the Board acted as follows : Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLVED , that the request of Herbert and Lenora Monkemeyer , by their Agent , Evan Monkemeyer , to re - zone the " Art Colony " , 1 . 05 acres of land owned by Herbert and Lenora Monkemeyer ( Evan Monke - meyer as Agent ) , Parcel 6 - 43 - 1 - 3 . 2 from Business District " C " , Residential District R- 9 , and Residential District R- 30 to Multiple Residence , is hereby denied . FURTHER RESOLVED , that this matter will not be considered again until the Town Planning Board is provided with a site plan and a set of building plans which are in compliance with the multiple residence laws of the State of New York , all applicable building codes , and the Zoning Ordinance of the Town of Ithaca . ( Freeman , Raffensperger , Valentino , McElwee , and Desch voting Aye . ' Nays - none ) Supervisor Desch said the drawings should be submitted to the Town Engineer , but that the matter should be routed again through the Planning Board for consideration of zoning aspects . Mr . Gersh stated that he would suggest that the Board con - sider the matter in a fair and enlightened way . He said there are other opinions than those of Mr . Fabbroni . He said he would like to submit , on behalf of the Monkemeyers , some additional informa - tion which differs from information the Board already has . Super - visor Desch said the Board is open to receive any new information which Mr . Gersh or the Monkemeyers might have , but as to the re - zoning the Board has made its decision . Mr . Gersh said he would supply the additional material and said he appreciated the opportunity to do that . . EXECUTIVE SESSION The Board duly retired into executive session for further discussion of the " Art Colony " matter . After the Board completed its discussion , it reconvened into open session and acted as follows : Motion by Councilman Freeman ; seconded by Supervisor Desch , WHEREAS , Town officials have inspected the Monkemeyer property known as the " Art Colony " and have ascertained that it fails to comply with numerous safety requirements of the multiple residencelaw , and 13 Town Board Minutes - 4 - April 24 , 1978 WHEREAS , modifications of the structures into multiple residences commonly known as the " Art Colony " are presently in violation of the Zoning Ordinance of the Town of Ithaca , NOW , THEREFORE , BE IT RESOLVED : That the Town Attorney is hereby authorized to immediately institute a proceeding seeking an injunction to alleviate the safety hazards and violations of the Town of Ithaca Zoning Ordinance with respect to the property commonly known as the " Art Colony " . ( Freeman , McElwee , Raffensperger , Valentino and Desch voting Aye . Nays - none ) NEW TYPEWRITER FOR ACCOUNT CLERK/TYPIST Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLVED , that the Town of Ithaca purchase a new typewriter for the use of the Account Clerk/Typist at a cost not to exceed $ 774 . 00 . ( McElwee , Raffensperger , Valentino , Freeman and Desch voting Aye . Nays - none ) ADJOURNMENT The meeting was duly adjourned at 7 : 20 p . m . to May 2 , 19780 Edw d L . Bergen Town Clerk