HomeMy WebLinkAboutTB Minutes 1980-01-07 l � `f
TOWN OF ITHACA
REGULAR BOARD MEETING
January 7 , 1980
At a Regular Meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at the Town Offices at 126 East
Seneca Street , Ithaca , New York at 5 : 30 p . m . , on the 7th day of
January , . 1980 , there were
PRESENT : Noel Desch , Supervisor
® Victor Del Rosso , Councilman
George Kugler , Councilman
Shirley Raffensperger , Councilwoman
Henry McPeak , Councilman
® Marc Cramer , Councilman
ALSO PRESENT : Beverly Livesay
Catherine Valentino
Representatives of the Media :
Michele Van Buren , WTKO
Susan Myers , WHCU
Carol Eisenburg , Ithaca Journal
PLEDGE OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance .
REPORTS OF TOWN OFFICIALS
SUPERVISOR
Supervisor Desch reported he had received two letters which he
wished to read to the Town Board .
January 4 , 1980
Ms . Jean Swartwood
Town Clerk
Town of Ithaca Office
126 East Seneca Street
Ithaca , New York 14850
® Dear Jean :
As everyone knows , I am moving from the Ithaca community and
must resign my position on the Ithaca Town Board . I sincerely
® regret the timing of circumstances that caused this to happen
although I was very proud and pleased to have been elected .
I know that my family and myself will consider Ithaca our " home "
and will follow the developments here with a great deal of inter -
est .
Please extend my very best wishes to all members of the Town
Board . I wish them all the success for the decade ahead .
Sincerely, ,
Charles G . McCord
Vice President
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Town Board Minutes - 2 - January 7 , 1980
The vacancy on the Town Board will be filled at an adjourned
meeting of the Board , to be held at 7 : 00 p . m . , on January 21 ,
1980 .
January 5 , 1980
Town Board ,
I question some of the tax funds being spent for Youth Services
and Senior Citizens . You are competing with volunteer services
such as Boy Scouts , YMCA and others . I do not think that this
trend toward socialism can be as efficient and if you ever hope
® to cut taxes you better start to cut some services at least until
we can afford them .
® V . A . Fogg
415 Hanshaw Road
Ithaca , New York 14850
Supervisor Desch will respond to Mr . Fogg , informing him the Town
is working closely with the City to identify priorities .
TOWN ATTORNEY
No report .
HIGHWAY SUPERINTENDENT
Superintendent Parkin presented his yearly report . Copies of said
accounts and records being made a part of these minutes .
Councilman McPeak asked if a book value column could not be added
to the equipment list . This would be helpful when it became time
to replace equipment .
Councilman Del Rosso asked why more salt was used in 1979 than in
1978 ?
Superintendent Parkin responded , this was due to stock piling of
salt . Also , January and February 1979 were very icy months with
little snow , therefore , more salt than normal was used .
Councilman Cramer asked when the Cold Storage Facility would be
completed ?
Superintendent Parkin expects the work to be completed in two to
three weeks , if the weather holds . The building will be approxi -
mately 50 ' by 64 ' and he expects that at least one half will be
used for -cold storage .
BUILDING INSPECTOR
Building Inspector Lewis Cartee presented his 1979 Year End Summary
Report . Copies of said accounts and records being made a part of
these minutes .
PLANNING BOARD CHAIRMAN
No report .
TOWN ENGINEER
No report .
Town Board Minutes - 3 - January 7 , 1980
Supervisor Desch talked with Larry Fabbroni today . Mr . Fabbroni
expects to return to Ithaca by approximately February 1 , 1980 .
COUNTY REPRESENTATIVE REPORT
Beverly Livesay reported on the Tompkins County Board of
Representatives meeting held today .
Harris Dates was elected Chairman . He was the lone candidate
and received unanimous support . Donald Culligan was elected
acting Chairman ; Gust Freeman , Deputy Chairman and John Clyne ,
V Interim Chairman .
Henry Theisen was appointed to the old Hospital Committee . The
Committee will decide the fate of the old facility .
® Supervisor Desch suggested elderly housing , and Beverly Livesay
noted the handicapped could also be included in such housing .
Supervisor Desch reported a public meeting will be held to explain
the Wastewater Treatment Facility report to the public .
Mr . Willis Hilker is circulating petitions for anyone who would
like to have their land included in Ag District # 8 . These
petitions must be in by Friday , January 11 , 1980 .
AUDIT AND APPROVAL OF REPORTS OF TOWN OFFICIALS
RESOLUTION N0 , 2
Accounts and Records of Town Clerk
The Town Board reviewed the report of the Town Clerk .
A motion was made by Supervisor Desch ; seconded by Councilman
Del Rosso ,
RESOLVED , that the Town Board , having reviewed the accounts and
records of the Town Clerk , hereby approves the same , copies of
said accounts being made a part of these minutes .
( Desch , Del Rosso , Kugler , Raffensperger , McPeak and Cramer
voting Aye . Nays - none ) .
RESOLUTION N0 , 3
Accounts and Records of Receiver of Taxes
The report of the Receiver of Taxes was reveiwed by the Town
Board .
® A motion was made by Supervisor Desch ; seconded by Councilman
Del Rosso ,
® RESOLVED , that the Town Board , having reviewed the accounts and
records of the Receiver of Taxes , hereby approves the same , copies
of said accounts being made a part of these minutes .
( Desch , Del Rosso , Kugler , Raffensperger , McPeak and Cramer
voting Aye . Nays - none ) .
RESOLUTION N0 , 4
Accounts and Records of Town Justice ' s
The Town Board reviewed the reports of Justice ' s Wallenbeck and
Blye .
A motion was made by Supervisor Desch ; seconded by Councilwoman
Raffensperger ,
REPORT to Town of Ithaca Town Board , January 7 , 1980 Robert E . Parkin
Highway Superintendent
1 . Culvert Pipes Installed
Year Residence Town Roads
1975 141 feet 829 feet
1976 330 feet 550 feet
1977 648 feet 382 feet
1978 388 feet 552 feet
. 1979 227 feet 1 , 591 feet
2 . Fuel Use
Year Diesel Gas
1974 4 , 622 gals . 5 , 722 gals .
1975 5 , 626 gals . . 8 , 196 gals .
1976 7 , 038 gals . 10 , 286 gals .
1977 8 , 073 gals . 11 , 292 gals .
1978 9 , 584 gals . 11 , 267 gals .
1979 8 , 109 gals . 12 , 454 gals .
3 . Equipment Miles and Hours - Totals
Year Miles Put on Equipment Hours Put on Equipment
1978 77 , 081 miles 1 , 088 hours
1979 82 , 940 miles 1 , 543 hours
4 . Roads - Mileage and Number - Totals
Year Mileage Number
1974 35 . 97 miles 97 roads
1975 36 . 27 miles 99 roads
1976 36 . 97 miles 103 roads
1977 37 . 23 miles 105 roads
1978 37 . 51 miles 106 roads
1979 37 . 81 108 roads
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Report to Town Board , January 7 , 1980 - Robert E . Parkin 29
5 . Tons of Salt and Sand Used
Year Salt Sand
1975 492 . 30 tons 1 , 351 . 95 tons
1976 401 . 53 tons 2 , 358 . 30 tons
1977 478 . 09 tons 1 , 922 . 70 tons
1978 437 . 64 tons 1 , 619 . 92 tons
1979 745 . 57 tons 1 , 968 . 80 tons
6 . Miles of Road Paved and Surface Treated
Year Paved Surface Treated = Oil and Stone
1975 1 . 13 miles 2 . 66 miles
1976 1 . 43 miles 2 . 98 miles
1977 0 . 25 miles 7 . 00 miles
1978 2 . 03 miles 4 . 65 miles
1979 0 . 83 miles 5 . 76 miles
7 . Gallons of Oil Used for Roads
Year Gallons
1975 37 , 200
1976 52 , 524
1977 422480
1978 54 , 040
1979 50 , 625
8 . a . 1979 Tons of Hot Mix Used = 928 tons .
b . 1979 Tons of Gravel Used = 2 , 512 . 00 tons .
c . 1979 Tons of Cold Mix Patch = 229 . 30 tons .
d . 1979 Tons of Stone = # 1 = 1 , 173 . 20 tons .
# 1A = 278 . 10 tons .
#2 = 323 . 15 tons .
RipRap = 56 . 0 tons
Sand = 600 . 50 tons
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Report to Town Board , January 7 , 1980 - Robert E . Parkin 39
9 . Total of All Tonnage Hauled = 8 , 814 . 62 tons PLUS Salt and Sand Spread
on Roads .
10 . Equipment Repairs - 1979
# 1 - Brockway Truck 1970 $ 3 , 743085
# 2 - Brockway Truck 1973 3 , 955 . 17
# 3 - Ford L8000 Truck 1971 1 , 026 . 77
#4 - FWD Truck 1967 3 , 699 . 40
# 5 - F- 600 Truck 1975 842 . 10
#6 - F- 150 Ford Pick- Up 1975 957019
# 7 - F- 600 Ford Truck 1972 69 . 57
# 8 - F - 100 Ford Pick - Up 1966 273058
# 9 - Dodge Pick - Up 1978 37 . 62
Dodge Car 1975 1 , 135089
T - 500 Gallion Grader 1966 264076
CAT 922A Loader 1963 50939
CAT 930 Loader 1978 55031
Buffalo Roller 1947 10 . 47
Gallion Roller 1968 728946
Case Backhoe 1974 354 . 48
2460 Gradall 1964 754054
Ford Mowing Tractor 1974 41 . 17
Michigan Rubber Roller 1972 4 . 94
John Deere Dozer 1979 3045
TOTAL $ 181009 . 11
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Report to Town Board , January 7 , 1980 - Robert E . Parkin 46
11 . Vehicles - Miles and Hours Per Year
Vehicle 1977 1978 Total 1979 Total
# 1 - Miles 48 , 513 57 , 560 9 , 047 68 , 031 10 , 471
# 2 - Miles 371924 43 , 236 5 , 312 49 , 142 5 , 906
# 3 - Miles 67 , 032 79 , 159 12 , 127 91 , 127 11 , 968
# 4 - Miles 40 , 475 45 , 704 5P229 49 , 387 3 , 683
# 5 - Miles 16 , 253 23 , 316 7 , 063 30 , 609 7 , 293
# 6 - Miles 25 , 454 36 , 468 11 , 01. 4 46 , 273 9 , 805
# 7 - Miles 28 , 090 30 , 647 2 , 557 32 , 789 2 , 142
# 8 - Miles 77 , 900 81 , 672 3 , 772 872977 6 , 305
# 9 _ Miles 10 , 768 6 , 700
Car - Miles 481850 69 , 211 20 , 361 87 , 516 18 , 305
Gradall - Miles 7 , 339 7 , 934 585 8 , 296 362
Hours 3 , 882 32999 117 42074 75
Grader - Hours 1 , 5563 1 , 857 301 1 , 926 69
Backhoe - Hours 234 350 116 478 128
Mower - Hours 472 605 133 800 195
922A Loader - Hours 3 , 527 3 , 900 373 4 , 228 328
930 Loader - Hours 501 501
Dozer - Hours 172 172
Rubber Roller - Hours 869 917 48 982 65
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136 EAST SENECA STREET
ITHACA, NEW YORK
14850
REPORT OF RECEIVER OF TAXES FOR
TAX COLLECTION YEAR 1979
TOTAL WARRANT . 6 . 0 . . . . . . . . . . . . . . $ 1 , 2471088 . 32
Less : Reduction in warrant due to
corrected real property tax for
Wilbred H . Brutsaert ( see attached ) . . . 44 . 48
$ 1 , 247 , 043 . 84
Less : Public Service and Special
Franchises Collected 58 , 156 . 87
Balance to be collected by
Receiver of Taxes . . 0000 0000000 $ 1 , 188 , 886 . 97
Total Collected to 6 / 4 / 79
by Receiver of Taxes . . . . . . . . $ 11143 , 479 . 67
Uncollected by Receiver
of Taxes . . . . . . . . . . . . . . . . . . . . . $ 44 , 746 . 54
' Uncollected by Budget
Office ( LVRR ) . . . . . . . . . . . . . . . . $ 660 . 76 $ 11188 , 886 . 97
0 . 00
Summary.
Paid to Town of Ithaca Supervisor . . . $ 943 , 262 . 18
Paid to Budget Office . . . . . 200 , 217 . 49
Collected direct by Budget Office . . . 58 , 156 . 87
Uncollected by Budget Office ( LVRR ) . 660 . 76
Uncollected by Receiver of Taxes . . . . 44 , 746 . 54
$ 11247 , 043 . 84 *
* Reconciles to Total Tax Warrant
as above .
dL
TOWN OF ITIMACA
126 EAST SENECA STREET
ITHACA, NEW YORK
14850
SUMMARY OF MONIES RECEIVED BY THE
TOWN CLERK IN THE YEAR 1979 AND
DISTRIBUTION . OF SAME
New York State Health Department -
Marriage : License fees• . . $ 31 . 50
Tompkins County Clerk
Conservation License .fees . . 822 . 00
Tompkins County - Budget Office
Dog License Fees 21973 . 31
Town Supervisor - w
Town Clerk Fees . . . . . . 41627 . 34
Total $ 8 , 454 . 15
Mote : Penalties on late proRerty tax
payments received and, - distributed
to Town Supervisor . . . . $ 11165 . 06
�d
Dated : December 31 , 1979
Edward L . Bergen
Town Clerk
ALCOHOL RELATED CHARGES
1979
AGE & ARREST DATE DISPOSITION
SEX & CHARGE DATE & CHARGE REMARKS
21 Yr Old 12 / 02 / 78 02 / 13 / 79 Reduction recom , by
Male DWI Fail to Keep Right D . A . s Office
Fine $ 50 . 00 Low Test
36 Yr . Old 01 / 01 / 79 06 / 19 / 79
le Drive W 110% Found Guilty
DWI Both Counts After Trial
Cond . Discharge / School
$ Old 02 / 25 / 79 02 / 27 / 79 Dismissal Recomm , by
Male Drive W 110% Dismissed D . A . Office
D . W . I . Plea DWAI Reduction Recomm . by
Cond . Discharge D . A . - Prior Good
Record
19 Yr . Old 03 / 22 / 79 05 / 15 / 79 Reduction Recomm . by
Male DWI Plea DWAI D . A . Office Low Test
Cond . Discharge /School
]Drive W / 10% Dismissed Prior Good Record
28 Yr . Old 03 / 17 / 79 05 / 15 / 79
Male DWI Plea DWI
Cond . Discharge / School
42 Yr . Old 03 / 30/ 79 05 / 01 / 79 Reduction Recomm . by
Male DWI Plea DWAI D . A . Office
Cond . Discharge /School Prior Good Record
24 Yr . Old 03 / 28 % 79 05 / 15 / 79
Male DWI Plea DWAI Reduction & Dismissal
Drive W 110% Dismissed Recomm , by D . A . Office
Prior Good Record .
Yr . Old 04 / 18 / 79 04 / 18 / 79
DWI Held For Town Court / Dryden
18 Yr . Old 06 / 20/ 79 06 / 20/ 79
Male DWI Held For Town Court Dryden
24 Yr . Old 06 / 19 / 79 06 / 19 / 79
Male DWI Held For Grand 3rd Offense
Drive W / 10% Jury
. Indicted
31 Yr . Old 09 / 01 / 79 09 / 01 / 79
DWI Held For Grand 2nd Offense
Drive W 110% Jury Indicted
17 Yr . Old 10/ 13 / 79 12 / 24/ 79
DWI Plea DWAI Reduction Recomm , by .
$ 50 . 00 D . A . Office
License Suspended 60 Days Prior Good Record
STATISTICAL REPORT
ACTIVITIES OF THE TOWN JUSTICE
1979
TOTAL COMPLETED CASES - - 19117
TOTAL FINES and FEES - - $1 5 , 362 . 00
VEHICLE and TRAFFIC
SPEEDING 146 $ 3 , 610 . 00
OTHER MOVING VIOLATIONS 224 3 , 920 . 00
NON MOVING VIOLATIONS 360 4 , 048 . 00
DWI - DWAI 13 100000
OTHER MISDEMEANORS 27 550 . 00
CRIMINAL
NYCRR STATE PARKS 28 525 . 00
PENAL LAW VIOLATION 72 1 , 225 . 00
i-
PENAL LAW MISDEMEANOR 22 650 . 00
ENVIRON . CONSERVATION 4 80 . 00
TRANSPORTATION LAW 4 200 . 00
TAX LAW 5 200 . 00
LOCAL LAW # 2
Soliciting without permit 2 50 . 00
LOCAL LAW # 1 DOG LAW 23 190000
FAMILY COURT ARRAINGMENT 6 FELONY INDICTED 3
ARRAINGMENT FOR OTHER
TOWN CDURTS & CITY COURT 49
CIVIL SMALL CLAIMS 7 14 . 00
CASES DISMISSED 125
Respectfully Submitted
TOWN JUSTICE � �
STATISTICAL REPORT
ACTIVI ` IES of the TWIN JUSTICE
1979
TOTAL COMPLETED CASES - - - - - 1138
TOTAL FINES , FEES AND FORFIETURES - - $ 20 , 861 . 00
VEHICLE AND TRAFFIC
Speeding 125 $ 3470 . 00
Other Moving Violations 167 $ 2510 . 00
Non -Moving Violations 442 5130600
D . W . I . /T . W . A . I . /Drive . 10% 51 2575 . 00
( 33 individuals - 2 Indicted )
785 13685 . 00
CRIMINAL
Penal La.w Misdemeanors 45 41205 . 00
Penal_ La. w Violations 80 1885 . 00
N . Y . Code Rules and Regs . 129 1815 . 00
Enviromental Conservation 22 370 . 00
Navigation Law 5 80 . 00
Tax Law 4 300 . 00
TransT) ortation Law 2 35 . 00
Local Law ( Pog Control ) � 20 . 00
342 U620 . 00
Civil Compromise 2 200 . 00
Civil and Small Claims 9 26 . 00
Civil Marriages - - 15
RP nect b
i\1ler Lon J �r1a enbeck
Tollm Ju tice
1979 YEAR END SUMMARY REPORT
LEWIS D . CARTEE
LAWRENCE P . FABBRONI
BUILDING INSPECTOR
MONTHLY
MONTH ADDITIONS / VALUE NEW HOME / VALUE OTHER/ VALUE TOTAL / FEES
JAN . Warehouse $ 9 , 000 .
Kiosk $ 4 , 300 . $ 13 , 300 : / $ 7 . 50
E . A . I . C .
Office & $ 293 , 5050 $ 2937505 . / $ 75 . 00
Lab
MARCH $ 0 / $ 0
APRIL 7/ $ 24 , 535 . 2 / $ 116 , 0009 3 - Family $ 165 , 000 $ 305 , 535 • / $ 172 . 50
MAY 14 / $ 53 , 863 . 4/ $ 198 , 0006 . Off . & Grnhse . $ 20 , 000 .
Liquor $ 4 , 8000 $ 292 , 663 . / $ 187 . 50 .
Restaurant $ 16 , 000 .
JUNE 21 / $ 9326480 1 / $ 30 , 0000 $ 1232648 . / $ 102950
JULY 8 / $ 499180 . 3 / $ 115 , 000 . $ 1642180 . / $ 105900
AUGUST 7 / $ 20 , 9000 3 / $ 173 , 000 . $ 193 , 900 . / $ 135 . 00
SEPT . 2 / $ 97 , 000 . $ 97 , 000 . / $ 70 . 00
OCT . 4 / $ 10 , 500 . 2 / $ 80 , 0009 3 - Family $ 175 , 000 . $ 265 , 500 . / $ 132 . 50
NOV . 6 / 35 , 400 . 6 / $ 329 , 500 . $ 3642900 . / $ 207 . 50
2 / $ 172000 . 1 / $ 60 , 000 . $ 77 , 000 . / $ 60 . 00
TOTALS 69 / $ 305 , 026 , 24 / $ 1 , 198 , 500 . 8 / $ 6872605 . $ 2 , 191 , 1319 / $ 12255 . 00
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1979
YEAR END SUMMARY
BUILDING INSPECTOR
LEWIS D . CARTEE
APPEALS
PETER , 1083 Danby Road , Storage Building , Rear Yard . $ 7 . 50 Approved
COLE , 210 Christopher Lane , Side Yard . 7 . 50 Approved
POWERS , 1458 Slaterville Road , Two Apartments . 7 . 50 Approved
TMARION , . 809 Five Mile Drive , Business Transfer . 7 . 50 Approved
SIVEET , 1401 Slaterville Road , Lot Size . 7 . 50 Approved
WEISBURD , 171 Calkins Road , Private School . 7 . 50 Approved
MONKEMEYER , 1059 Danby Road ., Yards and Height . 7 . 50 Approved
O ' CONNOR , 305 Blackstone Avenue , Duplex . 7 . 50 Approved
WRIGHT , 1319 Mecklenburg Road , Four Units . 7 . 50 Denied
CHEN , 1420 Hanshaw Road , Duplex . 7 . 50 Approved
REUNING , 929 Danby Road , Sign . 7 . 50 Approved
TURBACK , 919 Elmira Road , Sign . 7 . 50 Approved
CUTTING , 10 The Byway , Rear Yard . 7 . 50 Approved
KNOWLTON , East Hill Plaza , Outside Storage . 7 . 50 Approved
WATROS , 1584 Slaterville Road , Lot Size , NC Approved
BUTLER , 270 Enfield Falls Road , Gravel . 7 . 50 Denied
SOVOCOOL , 110 Renwick Drive , Side Yard . 7 . 50 Approved
WOODCOCK , 1024 Hanshaw Road , Yards and Access . 7 . 50 Approved
UPDIKE , 421 Sheffield Road , Side Yard . 7 . 50 Approved
JOHNSON , 1532 Slaterville Road , Subdivision . 7 . 50 Approved
TIDD , 801 Five Mile Drive , Topsoil and Fill . 7 . 50 Approved
GUIDI , ` 1351 Slaterville Road , Side Yard , 7 . 50 Approved
SEMLEK , 137 West Haven Road , Side Yard . 7 . 50 Approved
DEWITT HISTORICAL SOCIETY , 1406 Trumansburg Road , Trailer . 7 . 50 Cancelled
FREEMAN , 1450 Slaterville Road , Lot Size . 7 . 50 Denied
MONKEMEYER , 118 West King Road , Duplex . 7 . 50 Approved
PERIALAS , 142 Honness Lane , School . 7 . 50 Approved
SHELDRAKE , 806 Elmira Road , Yard Coverage . 7 . 50 Approved
GROUP HOMES , INC . , 572 Warren Road , Use , 7 . 50 Approved
E . A . I . CO- OP . , INC . , 219 Judd Falls Road , Extension . 7 . 50 Approved
MARION , Slaterville Road , Home Occupation . 7 . 50 Approved
O ' CONNOR , 305 Blackstone Avenue , Side Yard . 7 . 50 Approved
1979
YEAR END SUMMARY
BUILDING INSPECTOR
LEWIS D . CARTEE
Sign Permits Issued
Franklin Printing , East Hill Plaza Granted
Tommy ' s Place , Judd Falls Road Granted
Cornell Federal Credit Union , East Hill Plaza Granted
Cortright Electric , 653 Elmira Road Granted
Interstate Brands Corp . ( Millbrook ) , 606 Elmira Road Granted
Trustworthy Hardware Store , East Hill Plaza Granted
Paleontological Research Institution , 1259 Trumansburg Road Granted
Turback ' s , 919 Elmira Road Variance
Ithaca Talent Education School , 929 Danby Road Variance
Picture Island , East Hill Plaza Granted
1
1979
YEAR END SUMMARY
BUILDING INSPECTOR
LEWIS D . CARTEE
Certificates of Compliance - Building Inspections
4 Dove Drive
117 Clover Lane
219 Tudor Road
15B Strawberry Hill Road
15D Strawberry Hill Road
15C Strawberry Hill Road
158 Ridgecrest Road
658 Elmira Road
107 Tudor Road
137 West Haven Road
104 Skyvue Road
1220 Mecklenburg Road
1024 - 1024 - 1 / 2 Hanshaw Road
101 Eastern Heights Drive
114 Concord Place
210 Christopher Circle
143 Burleigh Drive
1024 Ellis Hollow Road
38 Dove Drive
158 Lexington Drive
209 Eastern Heights Drive
123 Eastern Heights Drive
1534 Slaterville Road
2 Pheasant Lane
146 Burle`igh Drive
114 . Pinewood Place
307 Blackstone Avenue
305 Blackstone Avenue
Building 16 , Unit B , Strawberry Hill Road
689 Coddington Road
117 Northview Road
161 Snyder Hill Road
Building 16 , Unit C , Strawberry Hill Road
1420 Hanshaw Road
134 East King Road
214 Northview Road West
36 Dove Drive
465 Sheffield Road
AM
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1979
YEAR END SUMMARY
ASSISTANT TO THE TOWN ENGINEER .
MICHAEL A . OCELLO
Stone Quarry Road
The first part of the year was spent doing a complete topographic
survey of Stone Quarry Road . This survey was completed . Maps were
drawn of the area and sent to Lozier Architects / Engineers for the
waterline design to be added .
Town Parks Program
On March 31 , I acquired a crew of eight CETA laborers through
Offender Aid and Restoration / Tompkins County . We began - the program by
prefabricating fence , picnic benches , waste paper receptacles , park
benches , etc . As the weather broke , we moved into Eastern Heights and
began clearing brush and trees for trails and recreation areas . Using
the designs of Town Planner Barbara Restaino , we built fireplaces ,
foot bridges , a large play structure , picnic areas , etc . The Town ' s
, bulldozer was utilized to terrace an area to be used as a play field .
As the work was completed on the Eastern Heights Park , we moved
into the Northview Road West Park . A long entrance right of way was
cleared , regraded and a gravel path installed . New C . M . P . pipe was
installed which improved drainage for the area . A wooden bridge was
built , paths cleared , benches installed , bird houses built and put up .
The entire property was surveyed . The end product is an accessible
natural area abundant with wildlife .
We then began work on the Tareyton Drive Park . The area was
regraded and seeded as a baseball field . Ajscore board was built ,
along with benches . We began to erect a backstop , but were stopped
by adverse weather conditions . .
Traffic Counts
I set out counters and obtained counts , in the Village Green area ,
Forest Home , and several areas of Cornell University .
Blackstone Avenue
I field designed a drainage ditch for Blackstone Avenue and super -
vised its construction .
Town Highway Department
Under the direction of the Town Planner we accomplished the first
of two stages of landscaping of the Town Highway Facility ,
Snyder Hill Road Storm Sewer
I designed and supervised the installation of this storm sewer .
Town Cold Storage Facility
Currently we are in the process of constructing a pole barn , 50 '
x 641 , to be utilized as a cold . storage facility . The poles are set
and we are currently preparing to raise the ; roof trusses .
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1979
YEAR END SUMMARY
BARBARA Z . RESTAINO
PLANNER
Zoning Ordinance
All sections of the draft zoning ordinance have been completed
and approved by the Codes and Ordinances Committee . Joint meetings
of the Town , Planning , and Zoning Boards to, discuss further revisions
have begun .
Local SEQR Law
A local SEQR law has been written and approved by the ad hoc
SEQR committee . The finished document and 'assessment forms are ready
to be adopted pending the Town Attorney ' s approval .
Coy Glen - Critical Areas Designation
Coy Glen has been declared a Critical Area of environmental
concern pursuant to SEQR which will help protect the Glen through .
environmental review of development which requires a permit . The
designation was the first in New York State .
East Ithaca Recreation Way Report
A detailed report describing plans for the Bikeway from Honness
Lane to Maple Avenue was made to provide information to Cornell Univer -
sity . Negotiations were completed with Cornell and construction of
the Bikeway was begun this fall .
Lehigh Valley Railroad Right of Way
Deed searches and contacts with DOT were made to facilitate the
process of transfer of the Right of Way to the Town .
CETA Employee Grant
The CETA Grant for Phase I of the Town ' s Parks Program to build
neighborhood parks was funded . A second grant application has been
submitted to the County for funding of labor for Phase . II of the
Program .
Neighborhood Parks Program
Park planning and design , coordinating the program with OAR / TC
and CETA , and directing construction in the field has been accomplished
for Phase I of the Parks Program . Neighborhood parks which have been
completed are :
1 . Eastern Heights Park , upper area
2 . Northview Road West Park
3 . Tareyton Drive Park
4 . East Ithaca Bikeway
( See Year - End Report - Parks and Open Space Committee . )
Town Highway Facility Landscaping
The first stage of the landscaping has been completed this fall
for the Town Highway Facility . The final plantings will be installed
in the spring .
Survey for Stone Quarry Road Water Main
Winter survey completed last February - - Brrr '
` YEAR - END REPORT - PARKS AND OPEN SPACE C0MMITT ; E
DECEMBER 1979
The implementation of Phase . I of the Town of Ithaca Parks Program
under the Town of Ithaca Parks and Open Space Plan was made possible
through a CETA Grant which provided the necessary manpower for parks
construction . The following projects have been completed during 1979 .
1 . Eastern Heights Park , upper area
a ) ballfield , grassed areas
b ) paths and picnic areas ( 3 )
c ) play structure
2 . Northview Road West Park
a ) nature paths
b ) seating areas
3 . Tareyton Drive Park
a ) regrading and seeding of ballfield
b ) installation of benches and backstop
49 East Ithaca Bikeway
a ) brush clearing , regrading and resurfacing
A matching grant of $ 71 , 645 . 00 from HCRS was awarded for land
acquisition in Coy Glen .
A CETA grant application has been drawn up to afford labor for
implementation of the Parks Program , Phase . II . The proposed construc -
tion projects include :
1 . Salem Drive Park
2 . Recreation Corridor LVRR ROW ( pending acquisition )
3 . Eastern Heights Parks , lower area
49 Completion of East Ithaca Bikeway
5 . Forest Home Park ( pending site selection )
In addition , the Parks and Open Space Committee recommends
exploring the possibility of reopening the DeWitt Junior High School
recreation proposal with the School Board ; looking into the reuse of
the Tompkins County Hospital tennis courts ; and considering an alter -
native children ' s play area for the Northview Road neighborhood .
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Town Board Minutes - 4 - January 7 , 1980
RESOLVED , that the Town Board , having reviewed the accounts and
records of the Town Justice ' s , hereby approved the same , copies
of said accounts being made a part of these minutes .
( Desch , Del Rosso , Kugler , Raffensperger , McPeak and Cramer
voting Aye . Nays - none ) .
LOCAL LAW NO . 1 - 1980
A Local Law Establishing and Regulating the Use of Bikeways in
the Town of Ithaca .
® The Town Board reviewed the Local Law establishing and regulating
Bikeways . A discussion was held on skates , horses , hours the
Bikeway would be open and enforcement of these hours . After
revisions , the Town Board acted as follows :
® Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
LOCAL LAW NO . 1 - 1980
A LOCAL LAW ESTABLISHING AND REGULATING THE USE OF TOWN BIKEWAYS
IN THE TOWN OF ITHACA , NEW YORK
BE IT ENACTED by the Town Board of the Town of Ithaca as follows :
Section I .
The Town of Ithaca hereby authorizes the Town Board , by resolution ,
to designate certain areas of the Town of Ithaca , Tompkins County ,
New York , as Town bikeways . The resolution of the Town Board shall
include a description of the properties so established as Town
bikeways . The Town Clerk shall maintain on file for public inspec -
tion a description of the properties so designated and , if available ,
any maps or aerial photographs of the Town bikeways that may exist .
Section II .
The following rules shall apply to the use of Town bikeways :
a ) The bikeways shall be used only for bicycle traffic and
pedestrian traffic either on foot or with snow shoes or with cross -
country skis with cross - country - type bindings , and for no other
purpose . For purposes of this local law , bicycles shall be defined
as every device propelled by the feet acting upon pedals and having
wheels any two of which are more than 14 inches in diameter . Spe -
cifically excluded from the definition of bicycles shall be any
device which is ( or may be ) motorized notwithstanding the fact that
it may also be propelled by the feet acting upon pedals . No other
device for travel including without limitation , skates , skate boards ,
scooters , sleds , toboggans , down hill skis and down hill type bind -
ings , or other devices are permitted .
® b ) The bikeways shall be used only for continuous travel and
passage . Without limiting the foregoing , the following acts are
prohibited on the bikeway : loitering , picnicking , littering or
otherwise depositing or dropping objects on the bikeway , the tossing
of balls or other objects , playing games or other recreational use .
c ) Both bicycle and pedestrian traffic shall keep to the right
of the bikeway . Bicycles shall travel in single file and upon over -
taking another bicycle or pedestrian shall signal and proceed to pass
with due care . Pedestrians shall yield to bicycles .
d ) No bicycle shall be used to carry more persons at one time
than the number for which it is designed and equipped .
e ) Whenever a bikeway intersects a street , highway , walkway
or other thoroughfare , traffic on the bikeway shall come to a com -
�I
Town Board Minutes - 5 - January 7 , 1980
plete hault before proceeding to cross said thoroughfares .
Bicyclists and pedestrians shall observe all other applicable
State and local laws , rules and regulations relating to the
crossing of any such thoroughfare and the use thereof .
f ) Town bikeways shall be open for public use each day be -
ginning one - half hour before sunrise and shall close one - half
hour after sunset .
Section III .
Any violation of this local law shall be deemed a " violation " as
the same is defined in 10 . 00 of the Penal Law of the State of
® New York .
Anyone found guilty of a violation of this law may be fined up to
fifty dollars for such violation or sentenced to a term of impris -
onment not to exceed fifteen days .
Section IV .
This local law may be enforced by any police officer authorized
to act within the Town of Ithaca , Tompkins County , New York ,
Section V .
This local law shall take effect immediately .
( Desch , Del Rosso , Kugler , Raffensperger , McPeak and Cramer
voting Aye . Nays - none ) .
DOG CONTROL CONTRACT WITH SPCA
Supervisor Desch reported on the Dog Control Contract with the SPCA .
He noted the contract was based on the same level of dog control
services as last year , however , the payment for these services are
greater . Last year the Town kept the money received for dog
licenses , this year it will all be turned over to the SPCA .
Supervisor Deach stated he had received a memorandum from the
Town Attorney . Mr . Buyoucos ' main concern was a conflict with
page 2 , section b and paragraph 3 .
The Supervisor stated he did not want to take action on the contract
this evening , as he wanted to review the contract with Chief McEwen
of the Cayuga Heights Police Department before signing .
Beverly Livesay speculated that in the future the contracts would
® be written for a five year period . This contract is for one year
as problems are still being ironed out . However , the service will
still be. provided even though the contract has not been signed .
® CONSIDERATION OF INCREASED PARKING REIMBURSEMENT
A motion was made by Councilwoman Raffensperger ; seconded by
Supervisor Desch ,
RESOLVED , that the parkin reimbursement for Town Employees be
increased from $ 10 . 00 to 15 . 00 per month .
After discussion by the Town Board , Supervisor Desch appointed
Councilman Cramer to research parking fees . He then tabled the
motion until the next meeting on January 21 , 1980 , at which time
Councilman Cramer will report his findings .
Town Board Minutes - 6 - January 7 , 1980
RESOLUTION NO . 5
Mileage Reimbursement
A motion was made by Supervisor Desch ; seconded by Councilman
McPeak ,
RESOLVED , that the mileage reimbursement for Town of Ithaca
business be increased from 15 � per mile to 18G per mile .
( Desch , Del Rosso , Kugler , Raffensperger , McPeak and Cramer
voting Aye . Nays - none ) .
RESOLUTION N0 , 6
Appointment o Deputy Supervisor
A motion was made by Supervisor Desch ; seconded by Councilman
® Cramer ,
RESOLVED , that Councilman Victor Del Rosso be appointed Deputy
Supervisor .
( Desch , Del Rosso , Kugler , Raffensperger , McPeak and Cramer
Voting Aye . Nays - none ) .
RESOLUTION N0 , 7
Town of Ithaca Appointments - 1980
Supervisor Desch presented the following list of appointment for
1980 .
Traffic Control & Transit Committee
Henry McPeak , Chairman ' includes membership on NE and County
Vacant Commission
Henry Aron
Intergovernmental Relations
Noel Desch , Chairman
Marc Cramer , Member
Frank Liguori , ( Sewer Planning Committee )
Shirley Raffensperger , ( Sewer Planning Committee )
Codes & Ordinances
Vacant
George Kugler
+ Representatives from Planning & Zoning Boards
Park Committee
® Shirley Raffensperger , Chairwoman
Henry McPeak
+ one from Planning Board
Tompkins County Economic Advisory Board
Victor Del Rosso
Town Historian
Helen Blauvelt
County Planning Board
Shirley Raffensperger
County EMC
Richard Fischer
f 30
Town Board Minutes - 7 - January 7 , 1980
TV Cable Commission
Vacant
Human Services Coalition
Ann Schwarting
Youth Bureau
David Jennings
Multi - County Solid Waste Committee
® George Kugler
Supervisor Desch stated the Intergovernmental Relations Committee
® will be a very busy committee as they are responsible for the
Fire Contract , sewer system and Youth Bureau Contract . He also
stated that it may be necessary to add another person to the
Youth Bureau Committee .
Catherine Valentino asked about adding a permanent Personnel Com -
mittee to the appointment list . Supervisor Desch felt this was
not necessary as salary ranges and job descriptions had already
been updated . However , he felt a review of the fringe benefit
package should be undertaken at some future date .
Councilman Del Rosso suggested a handbook for part - time and full
time employees should be compiled . Supervisor Desch responded
that a handbook was in the process of being draw up , however ,
there was no urgency for this .
Councilman Cramer asked about a vacancy on the Southern Cayuga
Lake Intermunicipal Water Commission , Supervisor Desch said
there was no opening , at this time .
A motion was made by Supervisor Desch ; seconded by Councilman
Del Rosso ,
RESOLVED , that the Town of Ithaca Appointments for 1980 be
accepted as read .
( Desch , Del Rosso , Kugler , Raffensperger , McPeak and Cramer
voting Aye . Nays - none ) .
RESOLUTION N0 , 8
Appointment of Town Historian
Helen Blauvelt of 977 Danby Road , through a letter read to the
® Town Board at the January 5 , 1980 meeting , expressed interest
in the position of Town Historian .
A motion was made by Supervisor Desch ; seconded by Councilman
® Kugler ,
RESOLVED , that Helen Blauvelt be appointed as Historian for the
Town of Ithaca .
( Desch , Del Rosso , Kugler , Raffensperger , McPeak and Cramer
voting Aye . Nays - none ) .
RESOLUTION N0 , 9
Town of Ithaca Objectives
Supervisor Desch presented the following list of objectives for
1980 .
i
� 3 (
Town Board Minutes - 8 - January 7 , 1980
Capital Projects - 1980
Cliff Street Pump Station
Trumansburg , Northview , Troy Road Tank Repainting
Pennsylvania Avenue Construction
Forest Home By - Pass
Elmira Road - Drainage
Town Hall Rehibilitation
Sewer System Evaluation Survey
Voting Machine Replacement
Neighborhood Parks - Phase II
State Bond Issue - Highway Improvements
Complete Salt Storage Facility
® Convert Highway Facility to Natural Gas
Policy Review
® - Resolution - No thru Truck Traffic
Relocate Polling Place District 2 from School Bus Facility to ?
Local Legislation
Zoning Ordinance
Sign Ordinance
SEQR Local Law
Park Use Ordinance
Benefit Formula Revision
Fire Protection Code
Bikeway Ordinance
Intermunicipal Agreement
Sewer System
Youth Services
Fire Services
Traffic Enforcement - Cornell
Dog Control
Planning Studies
Wetlands Mapping
Suburban Town
Speed Limits
Pleasant Grove
Hanshaw Road
Multi - County Solid Waste
Elderly Housing Needs
Mass Transit Extensions
Coterminous Town / Village
Six Mile Creek Flood Study
Administrative Procedures
- Zoning Violation Systems Reporting
Personnel Guide
Fixed Asset Inventory Completion
Various aspects of the 1980 Objectives were discussed . Supervisor
Desch noted that Don Terrell was gathering information on Cliff
Street pump station . and tank repaintings , in the absence of the
Town Engineer . Pennsylvania Avenue construction has passed through
the review stage .
Beverly Livesay stated , Cornell was interested in the Forest Home
By - Pass and a meeting was planned for sometime in January .
Supervisor Desch suggested the old railroad right - of - way to Morse
Chain might be used as a drainage ditch to alleviate the water
problems on the Elmira Road .
Supervisor Desch noted some of the older voting machines may need
Town Board Minutes - 9 - January 7 , 1980
replacing in 1980 . It was also noted , that local participation in
projects fundable by the State Bond Issue on highway improvements
were being prepared by the staff .
Supervisor Desch suggested sidewalks on Mitchell Street , and
modifications to the Pine Tree and Mitchell Street intersection
should be added to the Capital Projects .
Councilman Cramer asked about a review of the Housing Code .
Supervisor Desch indicated the Town was covered by the New York
State Building Code and Multiple Residence Law .
Councilman Cramer then asked about an Energy Conservation Policy .
® Supervisor Desch noted that Town only had two facilities , the
highway barn and the town hall . Therefore , it was not practical
at this time . Beverly Livesay felt an Energy Conservation Policy
® should be a County , not a Town policy .
Councilwoman Raffensperger suggested Challange Industries should
be encouraged to increase or extend their glass pick - up .
Councilman Cramer suggested that the possibility of using volunteer
fire departments for fire protection should be studied , and perhaps
included in the Intermunicipal Agreement list .
Supervisor Desch reported he will be meeting with Assemblyman Sam
Mac Neil and a representative of Cornell on Friday , January 11 , 1980 ,
regarding the speed limit on Pleasant Grove Road . Also , he has a
meeting on Tuesday , January. 8 , 1980 , regarding continuation of the
hospital bus run .
A motion was made by Supervisor Desch ; seconded by Councilman
Del Rosso ,
RESOLVED , that the 1980 Objectives presented to the Town Board be
approved .
( Desch , Del Rosso , Kugler , Raffensperger , McPeak and Cramer
voting Aye . Nays - none ) .
PERSONS TO BE HEARD
No one wished to speak , at this time .
RESOLUTION NO . 10
Contract with New York State Electric & Gas Corporation
for street lighting in Forest Home .
® A motion was made by Supervisor Desch ; seconded by Councilwoman
Raffensperger ,
RESOLVED , that the written contract submitted by the New York
® State Electric & Gas Corporation for lighting the streets and
public places of District of Forest Home , Town of Ithaca ,
dated February 2 , 1980 , be , and the same hereby is , approved ,
and a majority of the members elected to this Board be , and they
hereby are , authorized and directed to execute the same in the
name and in behalf of the Town of Ithaca .
( Desch , Del Rosso , Kugler , Raffensperger , McPeak and Cramer
voting Aye . Nays - none ) .
RESOLUTION N0 , 11
Town of Ithaca Warrants
A motion was made by Councilman Del Rosso ; seconded by Councilman
Cramer ,
Town Board Minutes - 10 - January 7 , 1980
RESOLVED , that this Town Board hereby approves the Town of Ithaca
warrants dated January 7 , 1980 , in the following amounts :
General Fund - Town - wide . . . . . . . . . . . . . . . $ 19 , 536 . 30
General Fund - Outside Village . . . . . . . . . $ 16 , 628 . 74
Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 91707 . 82
Water and Sewer Fund . . . . . . . . . . . . . . . . . . . $ 100 , 020 . 38
Parks Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 331 . 19
Lighting District . . . . . . . . . . . . . . . . . . . . . . $ 200 . 51
( Desch , Del Rosso , Kugler , Raffensperger , McPeak and Cramer
voting Aye . Nays - none ) .
RESOLUTION NO . 12
Bolton Point Warrants
® A motion was made by Supervisor Desch ; seconded by Councilman
Kugler ,
RESOLVED , that the Bolton Point warrants dated January 7 , 1980
in the Operating Account are hereby approved , in the amount of
$ 9 , 113 . 18 , after review , and upon the recommendation of the Southern
Cayuga Lake Intermunicipal Water Commission they are in order for
payment .
( Desch , Del Rosso , Kugler , Raffensperger , McPeak and Cramer
voting Aye . Nays - none ) .
RESOLUTION NO . 13
Specifications on car for Building Inspector
Supervisor Desch read the list of specifications necessary for
bidding on a car for the Building Inspector .
Two Door Sedan Car Specifications
1 . 2 - door Sedan - 2 seat .
2 . 4 cylinder .
I . Standard transmission .
40 9200 " - 98 . 0 " wheel base .
5 . Oil filter .
6 . Gasoline filter .
7 . 5 wheels - tires - black .
8 . Fiber belted radial tires .
9 . Fresh air heater .
10 . 12 volt electric system .
11 . Electric rear window defogger .
12 . Heavy - duty battery .
13 . Air cleaner .
14 . Front wheel disc brakes .
After discussion , it was decided to add rust protection to the
specification list .
A motion was made by Councilman Del Rosso ; seconded by Councilman
McPeak ,
RESOLVED , that the above list of specifications plus rust protection
be accepted , and that a car for the Building Inspector be advertised
in the local paper for bids .
( Desch , Del Rosso , Kugler , Raffensperger , McPeak and Cramer
voting Aye . Nays - none ) .
ADJOURNMENT
The meeting was duly adjourned .
C1
can H . Swartwood
Town Clerk
°?r
TOWN OF ITHACA
TOWN BOARD , PLANNING BOARD , ZONING BOARD OF APPEALS
J 0 I NT M E E T I . N G
JANUARY 21 , 1980
The Town of Ithaca Town Board , Planning Board and Zoning Board of
Appeals met in working session for discussion of proposed revisions to
the . Town of Ithaca Zoning Ordinance on January 21 , 1980 , in Town Hall ,
126 East Seneca Street ( second floor ) , Ithaca , New York , at 7 : 30 p . m .
PRESENT : Supervisor Noel Desch , Robert Powers , Councilman Victor
DelRosso , Councilman Marc Cramer , Councilwoman Shirley Raffensperger ,
Councilwoman Catherine Valentino , Councilman Henry McPeak , Liese
Bronfenbrenner ( Planning Board ) , James Baker ( Planning Board ) , Montgomery
May ( Planning Board ), Bernard Stanton ( Planning Board ) , Carolyn Grigorov
( Planning Board ), Edward Austen ( Zoning Board of Appeals ) , Edward King
( Zoning Board of Appeals ) , Jean Swartwood ( Town Clerk ) , Barbara Restaino
_ ( Town Planner ) , Gary Evans ( Tompkins County Planning Department ) , Carol
Eisenberg ( Ithaca Journal ) , Pamela Holme ( WTKO ) , John Davidoff ( WICB ) ,
Susan Myers ( WHCU ) , Nancy Fuller ( Secretary ) .
Mr . Robert Powers , Past - Chairman of the Town Codes and Ordinances
Committee , led the discussion .
Mr . Powers ' opening remarks covered what had been covered at the
Joint Meeting in November 1979 , noting that discussion had progressed
to Section 6 on page 18 .
Mr . Powers pointed out that paragraph 3 on page 19 sets forth a
requirement that pasture area must be provided if one wishes to keep
a horse - or horses . Mr . Fabbroni ' s challenge of allowing farms with
animals in R - 9 and R - 15 and possibly R - 30 was noted .
Mrs . Raffensperger inquired if horses are to be kept so many feet
from a lot line . Mr . Desch pointed out that paragraph 7 on page 20 sets
forth a 30 foot distance from lot line requirement .
Continuing on , Mr . Powers turned to Section 7 ( Building and
Other Structural Regulations ) , page 20 , commenting that the Committee
tried to be consistent . Mr . Powers pointed out the square footage re -
quirement for one - family dwellings in R - 30 , R - 15 , R - 9 being proposed by
the Committee as 720 sq . ft . . Mr . Powers commented that the Committee was
told that this is the smallest mobile home generally being sold , adding
that 720 sq . ft . is somewhat of an arbitrary figure but , nonetheless ,
arrived at after investigation .
In sub - paragraph " b " on page 21 , Mr . Powers noted , a 360 sq . ft .
-_ dwelling unit is set forth as a minimum requirement for one unit in a
two - family 'dwelling , with the total dwelling required to be not less than
. 1 , 200 sq . ft . Mr . Powers pointed out that the 360 sq . ft . figure is the
smallest size in multiple and , if that is correct there - - why not here ?
Mr . Powers noted that paragraph 2 on page 21 is the same as the
' 68 ordinance .
Referring to paragraph 3 on page 21 , Mr . Powers noted that the
Committee had added measurements as well as stories .
Joint Meeting ( Tn . Bd . , Pl . Bd . , Zon . Bd . ) 1 / 21 / 80 "
Page Two
Mr . Desch noted that Mr . Fabbroni had suggested 30 feet as the
height maximum for habitable space , rather than 26 feet as proposed by
the Committee .
Mrs . Restaino stated that she thought that 30 feet is a little more-
reasonable . Mr . Powers commented that a lot of people say that too . Mr .
Desch noted that Mr . Fabbroni also suggested that the maximum height for
an accessory building be 22 feet , rather than 18 feet . Mr . Powers stated
that these numbers . are all subject to change , and pointed . out that both
stories and . height were recommended .
Mr . Powers pointed out that on page 22 , Section 8 , paragraph 1 , lot
dimensions are the same as both the ' 76 and the ' 68 ordinances , but R - 9
is back in .
Mr . Powers turned to page 24 , paragraph 5 , Parking requirements , and
stated that the Committee had tried to address the problem of parking
space in one and two family residence zones . Continuing on with this .
paragraph ( 5 ) , Mr . Powers noted , on page 25 , sub - paragraph " c " which he
read out loud , as follows : " All parking areas must be paved or graveled ,
drained , maintained and provided with readily accessible driveways . Open
parking areas for 5 cars or more must be landscaped and screened from
adjoining streets . No parking area shall be permitted in any required
minimum front yard except upon the Special Approval of the Zoning Board
of Appeals . " Mr . Powers then noted specific instances in recent years
which brought this up , . being that of parking on the front lawn of certain
areas , e . g . , Snyder Hill Road . Mr . Powers stated that the Committee IS
trying to tighten this up a little bit . He said that their biggest con
cern is that they do not mean . to say that one cannot park in one ' s fron
driveway . He asked those present to please look at this carefully . Mr .
Fabbroni ' s question of whether front yard or edge of shoulder was meant
was noted . Mr . Desch suggested adding the words " and properties " to the
second sentence. in this sub - paragraph " c " , so that it would read : " Open
parking areas for 5 cars or more must be landscaped and screened from
adjoining streets and properties . "
Mr . Powers agreed that this sub - paragraph ( c. ) needs improvement .
Mr . May wished to discuss paragraph . 3 on page 21 again , stating that
both the structural heights are unreasonable .
Mr . Powers stated that he thought the time to do that is when the
Planning Board and the Town Board disect this draft : He stated that at
this point he , on behalf . . of the Committee , is trying to convey information
to the . Boards . members and point out that a change was made here , a change
was made there . He suggested that if any Board member wishes to make
a change , he or she should think about it . , and present those changes to
Mrs . Restaino .
Mrs . Valentino said that she was not sure she understood the process ,
and asked if after this meeting the draft goes back to the Committee . Mrs .
Restaino stated that that was the case , adding that different . opinions
from many people as to height , for example , will come through and it wi
become clear that it should be changed . She stated r that then she will
incorporate the changes into the draft and go over this with the Committee
and then it will go to the Attorney .
Air . Powers stated that the Committee felt that it would be a good
idea for the Town Board , the Zoning Board of Appeals and the Planning
Board to have some impression as to the thought process that went on when
. - '� Joint Meeting ( Tn . Bd . , P1 . Bd . , Zon . Bd . ) 1 / 21 / 80
Page Three .
the Committee did the revisions . He stated that each of these Boards
should individually , or collectively , go over this draft and , at that
time , dot the is and cross the is - - right now we are indicating
concepts .
Mr . May commented that what Mr . Powers is really saying is that no
particularized input is wanted at this meeting . Mr . Powers agreed that
not a whole lot should be indicated at this point . Mr . Desch added that
comments should go to Mrs . Restaino in writing .
Mr . Powers said that he thought we should go through the whole draft
fairly rapidly so that concepts are understood . Mrs . Bronfenbrenner
commented that this should be done before Mrs . Restaino makes the correc -
tions . Mr . Powers agreed .
Mrs . Bronfenbrenner stated that she thought that the " intent " is
needed before any of the Boards get this draft - - or " purpose " , whatever
it is to be called .
Mr . Powers stated that if it is the consensus that those present
want to stop and dot is and cross t ' s , that is fine .
Mrs . Valentino stated that she thought that in certain cases we
can arrive at a general consensus . She said that that would save time , .
though it may take more time right now , but on some of . these _.. issues we
might already have an idea .
Mr . Desch pointed out that Mr . Fabbroni has set forth his rationale
for his 30 - foot and 22 - foot height recommendation in his report to Mrs .
Restaino to which we have been referring , that rationale being on page 5 _ '
of his report under item #26 and # 27 . Mr . Desch asked if anybody had any
objections to that . Mr . Desch stated that he would certainly endorse 22
feet for accessory buildings .
. Mr . Powers pointed out the gray area of low side vs . high side . Mrs .
Restaino suggested calling a basement a story and have that included in
the definition , adding that that would set your limit for the three
stories and you could still use your 30 feet . Mr . Powers noted that Mr .
Fabbroni is talking about a two - story building plus basement . Mr . Powers
posed the question - - if you are on a hillside , at what point do you make
your measurements , and , is a basement a story ? It was noted that a
" story " has been defined and precludes abasement .
Mr . May wondered if all buildings over 26 feet were undesirable ,
pointing out that there are a lot of them . Mr . Powers said , not at all ,
and added that the intent was three stories from the main floor level and
then to calculate how high is a story . He noted that a basement for
living is 716 " .
Mr . Desch noted that it looks like Mr . Powers was right ; we are not
going to resolve it .
The discussion moved on to Article V , Multiple Residence Zone ( R2 ) .
Mr . Powers commented that this portion shows the need for a comprehensive
plan . Mr . Powers stated that this has been a very controversial concept
for a number of years , noting again that it is necessary to develop a
comprehensive plan .
Mrs . Raffensperger asked if , in the other zoning ordinance , there
were any criteria for multiple residence zones . Mrs . Restaino stated that
Joint Meeting ( Tn . Bd . , Pl . Bd . , Zon . Bd . ) 1 / 21 / 80
Page Four
she did not think so .
Mr . Powers stated that the Committee did give a good deal of time
to percentage density concept and added that it was not their intent to
shut down the percentage density concept , but they were not prepared to
handle the whole thing until they had a basis .
Mrs . Restaino stated that it would . be more appropriate in . a plan as
a guide and not . in the zoning ordinance which is law , not policy .
Mrs . Raffensperger pointed out that she has read among her papers
on the zoning ordinance , undated material referring to intent , neigh -
borhood character , welfare , etc . She asked if the Committee left that
all out on purpose .
Mr . Powers commented that that applies , really , to all zones .
Mr . Desch wondered why that would not be in the purpose . Mrs .
Raffensperger stated that she was told it would be in a purpose in
each section , and added that it must be one place or ' the other. .
Mr . Powers stated that he thought that it would be a good idea to
put that in an extended purpose for this section .
Mr . Desch asked that those present look back on page 17 , wherein
sub - section " a " sets forth criteria for residences . He stated that that
is probably what people have in mind .
Mrs . Restaino stated that there is no reason why we could not inc
porate these sort of requirements in multiple . Mrs . Bronfenbrenner added ,
and business , as well .
Mr . May wondered why the Committee had accepted a 360 sq . ft . dwelling
unit here ( sub - paragraph " a " , page 26 ) and required 720 sq . ft . in mobile
home zones .
Mr . Powers pointed out that the 360 sq . ft . refers to a unit with no
. separate bedroom and stated that the Committee felt it was acceptable for
an apartment . He commented that a freestanding 360 sq . ft . . unit is pretty
small .
Mr . May said that he . thought that one would have trouble defending
360 sq . ft . as okay and 720 sq . ft , as being required .
Mrs . Restaino commented that any new mobile home park would meet the
newer requirements .
Moving on to Article VI , Mobile Home Residence Zone ( R3 ) , page . 30 ,
Mr . Powers stated that it may not be . necessary to have this , but the
Committee thought they should write it in . He stated that it . is modelled
after Broome County ' s ordinance and noted that this Article took a very
long time .
Mr . Powers noted that Section 15 on page 31 , paragraphs # 1 and . #2
set forth minimum area requirements of 25 acres . - - 25 acres minimum size
area for an R3 Zone and 25 acres minimum size area for a mobile home
park . Mr . Powers noted that you .may have an R3 Zone which is 150 acres
or 26 acres . Mr . Powers added that there are other permissible uses in
R3 than mobile homes .
' Joint Meeting ( Tn . Bd . , Pl . Bd . , Zon . Bd . ) 1 / 21 / 80
Page Five
Mr . Powers stated that under paragraph 3 on page 32 , 15 , 000 sq . ft .
is required for a mobile home on an individual lot , noting that this is
larger than the requirement for a lot in R9 .
Mr . May stated that this is unrealistic when you say people can
build a home on 9 , 000 sq . ft .
Mr . Stanton commented that R9 zones are meant to be more high - density
areas .
Mr . Powers stated that 15 , 000 sq . ft , was not accidental .
Mr . Powers pointed out that sub - paragraph " e " on page 34 shows the
same 26 - foot height requirement that has been discussed .
Mr . Powers pointed out that the requirements for streets, etc . ,
which are set forth on page 35 , are from a model ordinance . Mr . Powers
commented that open space requirements set forth on page 37 were the
Committee ' s own requirements .
Continuing on to Article VII , Business Zones ( B - 1 ) , ( B - 2 ) , page
39 , Mr . Powers stated that there were fairly substantial changes in this
area . Mr . Powers pointed out that some neighborhood businesses are
permitted .
Mr . Desch asked how one would accomplish paragraph 3 on page 42 .
Mrs . Restaino stated that that is a difficult one , but the Committee
wanted to include it .
Mrs . Raffensperger wondered why there were only two kinds of busi -
ness zones . Mr . Powers asked if she were thinking about size .
Mrs . Raffensperger replied , size and use . She stated that by having
B- 1 and B - 2 you are eliminating criteria - - for example , service stations ,
is compressed .
Mrs . Bronfenbrenner stated that the Committee was trying to cut down
the confusion .
Mrs . Raffensperger stated that she thought that B - 2 is an awful
big category , adding that she was considering impact on existing facili -
ties and possible expansion .
Mr . Powers asked Mrs . . Raffensperger if there were a third category ,
would it be smaller or larger than B - 2 . Mrs . Raffensperger responded ,
larger than B - 2 .
Mr . Powers asked what there is in this revision which would not
handle . a hotel , as an example - - or a skating rink - - or a bowling alley ?
Mr . Desch asked where one would put a regional shopping center - - in B - 2 ?
Mr . Powers replied , yes , in B - 2 .
I Mrs . Bronfenbrenner stated that she thought there should be a separate
category for regional facilities .
Mr . Powers stated that this matter is handled in the review process .
He added that if you make a relatively simple document , but make a sub -
stantial review process , you can control this .
Mrs . Bronfenbrenner stated that the only . control the Board really has
Joint Meeting ( Tn . Bd . , Pl . Bd . , Zon . Bd . )
Page Six
in shopping centers such as East Hill Plaza is the parking requirements .
Mrs . Valentino stated that this . is a very serious question . She
pointed out that there were . no . . criteria during the period of the appro
process for East Hill Plaza . There was no way we ' could put limitations
on this , no past experience , nothing in writing . .
Mrs . Bronfenbrenner suggested an approach might be through occupancy
regulations , size , etc .
. Mr . Powers stated that B - 1 zones have built in physical limitations ,
but that he can see the concern for B - 2 . `
Mr . Stanton pondered the question of ending up . with limitations in
B - 2 not specifying regional shopping centers - - - perhaps the way to go
would be to have separate requirements for them .
Mrs . Raffensperger stated that there has to be some way to regulate
those B - 2s that may be in operation now - - every _ - expansiono _ and continued
use has to be of concern .
Mrs . Restaino suggested that rather than limiting type of use , we
should perhaps limit intensity .
Mrs . Raffensperger stated that basically the old zones seemed to
have correlation between type of use and traffic generation .
. Mr . Powers stated that the Committee spent considerable time in 1
trying to avoid a lengthy shopping list , and , in doing this , we create
the kind of circumstances of which you are speaking .
Some discussion ensued with reference to paragraph 5 on page 41
where additional business or light industrial uses is set forth . The
questions remains as to whether " light industrial uses " should be in or
out .
Discussion moved on to Article VIII , Light Industrial Zone ( I - 1 )
which commences on page 45 .
Mr . Desch pointed out that in sub - paragraph " d " on page 46 , it is
stated that " No waste may be burned on the premises . " . He suggested that
that might be out of date . Mr . Powers agreed that that was a good . .
thought .
Mrs . Fuller expressed concern about the " unrelated which " in the
" Purpose " section ( 25 ) , page 45 , and was asked to fix it up :
Mr . Powers pointed out that Section 29 , paragraph 1 , page 47 ; " Noise "
is from a model ordinance . Mr . May was concerned with the use of the
word " objectionable " in the second sentence of that paragraph , indicating
that such a description of noise is really just a catch - all phraseology-
rather than a definition . He wondered how it could be defended . Mr .
Powers agreed that it would be difficult defending " objectionable "
noises when the chart follows indicating maximum permissible sound
pressure levels . Mr . ' Powers noted that you may have noises that are
defined and may be determined to be objectionable .
Mr . McPeak stated that audible range has been defined . Mr . Powers
disagreed .
4Joint Meeting ( Tn . Bd . , Pl . Bd . , Zon . Bd . ) 1 / 21 / 80
Page Seven
Mr . McPeak stated that he was talking about radiation frequency - -
the FCC regulations - - which have been set forth on a graph as of 1978 .
Mr . McPeak noted that a shop running RF generators would wipe out every -
one ' s TV for a half a mile or so . Mr . McPeak referred again to the
FCC regulations and jurisdiction and pointed out that if the Town licensed
a business it would have a problem regulating this . He wondered what we
would tell them . He said that this is a . problem rearing its head more
and more . He noted that RFI , Radio Frequency International does not get
into the health range until it gets beyond a certain level .
Mr . Powers stated that this is a point well taken . Mr . Powers
commented that he has never seen it in an ordinance .
Mr . Powers continued and noted that there is a change from the
168 ordinance having to do with " smoke " . Paragraph 2 on page 48 refers
to the DEC thresholds .
Mr . Powers added that paragraph 3 on page 48 , " Odors " may change
according to DEC thresholds also .
Discussion moved on to Article IX , Heavy Industrial Zone ( I - 2 ) ,
page 51 . Referring to Section 33 , paragraph 4 , page 51 , Mr . Powers
wondered if the inference there is that one cannot have a guardhouse
in any other place . Mrs . Restaino stated that sub - paragraph " a " should
be put in Light Industrial Zones also . Mr . Powers agreed noting that
r the permission for the installation of manufacturing equipment if allowed
in heavy industrial , should be allowed in light industrial .
The last item of discussion at this joint meeting was in connection ,
with the " Buffer areas " which is set forth on page 54 , paragraph 4 . Mr .
May pointed out that the 200 feet referenced could also be parking . Mr .
May commented that the buffer area could be smaller if parking were set
apart .
This joint meeting of the Town Board , Planning Board , and Zoning
Board of Appeals adjourned at 10 : 15 p . m .
Respectfully submitted ,
Nancy M . Fuller ,
Secretary .
TOWN OF ITHACA
TOWN BOARD , PLANNING BOARD , ZONING BOARD OF APPEALS
J O I N T M E E T I N G
FEBRUARY 25 , 1980
The Town of Ithaca Town Board , Planning Board and Zoning Board of
Appeals met in working session for discussion of proposed revisions to
. . the Town of Ithaca Zoning Ordinance on e&ftt� @evy @+ , 1980 , in Town Hall ,
126 East Seneca Street ( second floor ) , Ithaca , New York , at 7 : 30 p . m .
PRESENT : Councilwoman Catherine Valentino , Councilwoman Shirley
Raffensperger , Councilman Victor DelRosso , Councilman George Kugler ,
Councilman Marc Cramer , Councilman Henry McPeak , Montgomery May ( Planning
Board ) , Liese Bronfenbrenner ( Planning Board ) , James Baker ( Planning
Board ) , Bernard Stanton ( Planning Board ) , Lawrence Fabbroni ( Town Engineer ) ,
Barbara Restaino ( Town Planner ) , Donna Kessler ( WTKO ) , Eileen Costello
( WICB ) , Nancy Fuller ( Secretary ) .
Mrs . Catherine Valentino , as Chairman of the Codes and Ordinances
Committee , led the discussion .
Mrs . Valentino ' s opening remarks outlined where the joint discussions
. were at this point pointing out that the joint Boards had reviewed the
proposed amendments through page 54 , and were ready to begin with Article
X , Agricultural Zone ( A ) , page 55 .
Mrs . Raffensperger asked if there is a minimum size requirement for an
Ag Zone . Mrs : Restaino stated that there is not . Mrs . Restaino pointed out
that the proposed amendment makes a rezoning process necessary to go from
an Ag Zone to a Residential Zone .
Mrs . Valentino noted that the regulations in an ag zone , and others ,
are pretty much mandated , and asked if there were any parts peculiar to our
local needs that the Boards members should be aware of .
Mrs . Restaino responded by pointing out that the + proposed Institutional
Use Zone ( P ) which is Article XI , is considerably different from the ' 68
ordinance . She noted that this Article was first done in the 174 draft and
sets forth large areas .of land owned by Cornell , Ithaca College - any
State , Federal. , college , or university buildings or land . She stated that
the intent was to have these areas recognized as public use areas , which
they are , rather than having them zoned residential . Mrs . Restaino also
pointed out that the Institutional Use Zone requires that these entities
come in for site plan review , even though by it is not mandatory for
State or local entities to come in for site plan review . She noted that it
is a courtesy but it is important that the Town knows what Cornell , IC , etc . ,
are proposing .
Returning to Article X , Agricultural Zone , Mr . Stanton wondered if
1. ragraph 2 of - Section 43 , on page 57 , meant that if a man wanted to
t� pand his barn he would have to have site plan approval ?
Mrs . Restaino explained that that was not the intent , it was intended
for the expansion of an agricultural facility or agri - business , rather
than just building a barn .
Mr . Baker stated that this part is very confusing to him .
Joint Meeting ( Tn . Bd . , Pl . Bd . , Zon . Bd . ) 2 / 25 / 80
Page Two
Mr . Stanton felt that the word " facility " implies something very
general .
The definition of " Agricultural Facility " or " Agri - Business was noted .
( Such definition reads : " An agricultural experiment or agricultural
-research facility , or a facility for the commercial production of agricul -
tural products not to include the commercial servicing or sale of farm
machinery . "
Mr . Stanton commented that if it is the intent , and he hoped it is the
intent . , not to make it difficult fora farmer to build his barn , it might
be good to make it a little clearer .
Mr . Cramer asked if Mr . ..Baker were concerned also about the height
requirements ( Section 44 , paragraph 4 ., page 58 ) of 30 ' . Mr . Cramer stated
that it seemed to him that many are higher than 301
.
Mr . DelRosso cited the E . A . I . Co - Op expansion up on West Hill pointing
out that this is a very large facility and would seem to fit under those
matters needing site plan review .
A discussion followed as to how one determines what a large operation
is .
Mrs . Restaino felt that this was a problem area and would have to be
looked at in committee .
Mr . Stanton stated that at least the intent should be clear that si
plan approval is not required for a shed .
Mr . Fabbroni stated that most ' of his comments were included in his
comments under date of January 20 , 1980 , to Mrs . Restaino , which he thought
had been sent to the various Boards .
Mrs . Valentino stated that all of Mr . Fabbroni ' s comments will be gone
over in the committee .
Mr . McPeak wondered why there was a question mark after Planning Board
in item " c " ' on page 60 .
Mrs . Restaino stated that the question mark was there intentionally to
indicate that there really had not been a decision on which Board or person
would be appropriate to determine the yard requirements on irregularly shapes
or legal non - conforming lots .
Mrs . Bronfenbrenner felt that this kind of determination takes a certain
amount of technical knowledge and she thought that the Building Inspector
would . be more qualified to do this .
Mr . Fabbroni stated that that was fine as long as there is added s rn
general criteria such as the lot meeting minimum square footage requir Its
then the Building Inspector has some discretion but not full discretio
there is some minimum which has to be met . Mr . Fabbroni noted again tYiat
he would suggest , at least , the lot has to meet minimum square footage
requirements , not necessarily the width and length .
Mrs . Restaino asked if it would then go to the Planning Board . Mr .
Fabbroni suggested either the Planning Board or the Zoning Board of Appeals .
Joint Meeting ( Tn . Bd . , P1 . Bd . , Zon . Bd . ) 2 / 25 / 80
Page Three
Mr . DelRosso was curious about the last sentence in . paragraph " d " on
page 60 , wondering what the relationship was of it to the previous sentence .
°--'He commented that the whole thing does not make too much sense , and asked
what was intended . .
Mrs . Restaino agreed that paragraph " d " needed improvement . Mr . DelRosso
stated that he thought what was meant to be said was " If there are two
garages on adjacent lots , they can be closer than 251 . "
Mrs . Valentino now continued the discussion moving on to Article XI ,
Institutional Use Zone ( P ) , noting that some discussion had already been
held on this Article .
Mr . McPeak asked if paragraph 1 of Section 48 , page 62 , meant to
include things like a Federal Post Office - and - facilities that involve
shared costs , such as Cornell University and the Federal Government in such
things as dorms that involve HUD funding .
Mrs . Restaino stated that facilities such as a Post Office and those
involving shared costs were intended to be those included in this Article .
Discussion moved on to Article XII , Site Plan Approval and Zone
Change , page 64 .
Item #3 in Section 50 , Uses Requiring Site Plan Review , page 64 , being
" Agricultural facility or agri - business . " , was identified as a problem area .
Mrs . Restaino explained that the listing on page 64 is a listing of
those things requiring site plan review .
Mrs . Restaino pointed out that Environmental Assessment has been
included .
Mrs . Restaino pointed out that on page 65 , paragraph 1 , sub - paragraph
( a ) , sets forth a requirement for a narrative description in writing of a
proposed project .
Mrs . Restaino noted that the final site plan is required to be much
more detailed than the preliminary . She stated that what this article does
is enumerate the requirements that we already are using to a great extent
and listing them in this case .
Mrs . Bronfenbrenner stated that she did not know where we should bring
this up , but there is a problem in the area of a radio broadcasting station .
Nothing in this connection is mentioned in the proposed revisions , she
pointed out . She asked where such an item should be in the ordinance and
suggested that other ordinances could be reviewed as possible models . Mrs .
Bronfenbrenner stated that these are apparently not a utility .
Mrs . Restaino recalled the WTKO radio tower proposal in 1970 which was
a special permit process requiring zoning ordinance amendment . She sugges -
ted that for special things we need a place for special permits .
A lengthy discussion followed wherein appropriate stipulations were
suggested , height requirements , specificity of use . Mrs . Restaino felt
that the ordinance must be specific about the use . Mr . May stated that he
did not know about uses but he is sure about height , and mentioned 60 ' over
an existing building structure . Mr . DelRosso suggested that fora home
antenna specify height but shortest distance .
Joint Meeting ( Tn . Bd . , Pl . Bd . , Zon . Bd . ) 2 / 25 / 80
Page Four .
Mrs . Restaino read from a proposed ordinance amendment in 1970 , wh '
was not adopted , as follows :
" Section 74 . Special Exceptions .
Where there are practical difficulties or special conditions which
make application of these regulations unreasonable or impossible to comply
with ; and when , in its judgment , the public convenience and welfare will be
substantially served and the appropriate use .of neighboring property will
not be substantially or permanently injured , the Town Board may in a
specific case , . after public notice and hearing and after referral to the
Planning Board for an opinion as per the procedure outlined in . section 46
( 2 ) above , authorize the following special exceptions to the regulations :
1 Airport or Aircraft Landing Field
2 . Cemetery
3 . Hospital or. Health Care Facilities
41 Radio or Television transmitting or broadcasting station
50 Public Utility use ' or structure
69 Marina , boathouse or bathing facility .
In the exercise of . its approval , the Town Board may impose such
conditions regarding the location , character , height , bulk coverage ,
or other features of the proposed use , building , or structure as it may
deem advisable in the furtherance of the purposes of this ordinance .
Peter K . Francese
6 July 1970 "
Mrs . Bronfenbrenner pointed out that the new solar energy collectors
should be considered also as special exceptions . Mr . May added that
windmills are certainly worth noting now also . Mr . Kugler pointed out that
the effect of solar panels on set back requirements should be discussed .
A decision was reached to add a special exceptions section in the last
section of the proposed ordinance amendments under General Provisions .
Mrs . Raffensperger suggested that . a parcel of land that is being con -
sidered for a change in zoning should be posted to indicate that such a
change is being considered , and ; such posting . must be visible . This sug -
gestion was viewed very well .
Mr . DelRosso stated that it ought to be mandatory to put a sketch
in the paper at the time of hearing or projected hearing . A discussion
followed with no definite decision reached .
Mr . Kugler suggested that in the seventh line of sub - paragraph " iv "
on page 66 , the words " at least " should be changed to within . This was
done .
Mrs . Valentino and Mrs . Restaino agreed that the Planning Board wi
go over Article XII with a fine tooth comb .
Mrs . Restaino , turning now to Article XIII , Special Flood Hazard Area ,
page 70 , stated that this Article is mandated and there is really not very
much for us to do on this , noting that it is . taken from a model code . She
added that this is necessary for the obtaining of flood insurance .
Mrs . Restaino pointed out that the Special Flood Hazard Area and the
Joint Meeting ( Tn . Bd . , Pl . Bd . , Zon . Bd . ) 2 / 25 / 80
' Page Five
Conservation Area ( Article XIV ) are overlays of an existing area , adding
that the zoning that they would overlay is the original zoning .
Mrs . Restaino commented that we should probably change our zoning map
to reflect that .
Turning to Article XIV , Conservation Area ( C ) , page 76 , Mrs . Restaino
stated that this article is something the committee drew up after the SEQR
law was passed and would . add additional regulations to areas that are
environmentally sensitive .
Mr . Stanton commented that this article allows us to have such a thing
but we do not have one now :
Mrs . Restaino stated that we do have a unique area now which would be a
conservation area .
Mrs . Raffensperger wondered if there is any kind of recognition that
land is rezoned for a purpose , but never really is . The need for the setting
forth of a . reversion back to the original zoning requirement was discussed .
Mrs . Restaino stated that such a clause should go . under " Zone Change " in
Section 54 of Article XII , Site Plan Approval and Zone Change . She noted
that . persons should know that that would happen if , indeed , their use never
came about . Mrs . Bronfenbrenner suggested that a time frame could also be
indicated .
Returning to the discussion . of Article . XIV , Conservation . Area , Mrs .
fRestaino stated that she , thought that Mr . Buyoucos should look over. this
as far as the legal aspects go - - for example , the purchase option may not
be enforceable ( Section . 67 , page 77 ) .
Mr . Kugler pointed out the very last sentence on page 78 - - " Recreation
areas such as playgrounds and campgrounds may not be located in a Conserva-
tion Area . " He stated that it is necessary to be very careful where a Con -
servation Area is designated .
Mrs . Restaino stated that she did not know if the whole section would
be enforceable ( Section 67 ) , that would be for Mr . Buyoucos to work on . Mrs .
Restaino added that to require SEQR review is legitimate .
Mr . May stated that he would think you would need a time that a purchase
option has to be acted upon .
Mr . Cramer asked if " limited public use " has been defined . Mrs .
Restaino said no , adding that that is only in Section 67 .
The discussion moved on to Article XV , General Provisions , page 79 .
Mrs . Restaino stated that this all is from the existing ordinance or the
76 draft ,
Referring to the fourth sentence in paragraph 2 of Section 68 on page
79 , Mr . Kugler wondered if requiring completion of any building being con -
structed or renovated within two years is reasonable .
Mr . Fabbroni . commented that this gives the building inspector something
to hold on to - - the question to be pondered . is if there is progress or the
building just sits there .
Mr . Stanton was concerned about the intent of sub - paragraph " g " of
Joint Meeting ( Tn . Bd . , Pl . Bd . , Zon . Bd . ) 2 / 25 / 80
Page Six
paragraph 3 of Section 68 , on page 81 , and wondered if it. meant that if
wanted to tear down his outhouse , did he have to get a building permit ?
Mrs . Restaino pointed out that the Assessment Department uses the .
building permit records for assessment purposes . She also noted that in
this way there " would be - knowledge of proposals for tearing down historic
structures .
Mr . Stanton stated that he understood what was intended , but that he
thought it is absolutely unenforceable .
Mr . May also wondered about small structures such as sheds , dog houses .
Mrs . Restaino asked if the consensus were that sub - paragraph " g " should be
struck . Mr . May was of the opinion that it should not be , but that it needs
clarification .
Mr . DelRosso suggested referring to all buildings with an assessed
value of " x " number of dollars. Mrs . Restaino suggested adding that
accessory buildings are excepted .
Mr . McPeak pointed out that in sub - paragraph " f " , on : page . 81 , the
word " own " should probably be " owner " . This correction was made .
Looking at sub - paragraph " c " on page 84 , under paragraph 10 , Mobile
Homes and Trailers , Mrs . Raffensperger stated that she was sure that the
intent is that the owner of the mobile home must be employed by the own
of the property on which the mobile home is placed -for working the land
Mrs . Restaino agreed .
Mr . Stanton referred to Section 69 , Legal Non- conforming Uses , page
85 , paragraph 2 , Abandonment of use , and stated that he was concerned about
what a legal non - conforming use abandonment means . He stated that one has
got to be sure what one means by abandoned .
Mrs . Restaino explained abandonment as a legal term that has been
. argued in court and is usually defined in terms of substantial use . .
Mr . Stanton commented that what Mrs . Restaino was saying is that we
have done the best we can with this . Mrs . Restaino agreed , adding that she
will look at it again and elaborate as much as possible .
Mrs . Restaino pointed out that as a result of earlier discussions at
this meeting , under this Article we will add another section for special
exceptions .
Mrs . Raffensperger asked if that means special permits . Mrs . Restaino
replied that it does .
Moving onto Article XVI , page 86 , Mrs . Restaino pointed out the
rules and regulations for the Zoning Board of Appeals, commencing on pa e E
Section 71 .
Referring to the entire Article , Mrs . . Restaino noted that Mr . Buyo uo ,
would certainly have to go over this also , but .: . it. is taken pretty much froj
the 168 ordinance .
Mr . May , referring to paragraph 2 of Section 70 , Permits and Enforce -
ment , page 87 ( Permit to build . ) , wondered if this paragraph precludes a
child ' s Kool - Aid stand .
r Joint Meeting ( Tn . Bd . , Pl . Bd . , Zon . Bd . ) 2 / 25 / 80
Page Seven
It was agreed that that was not the intent , although it seems to mean
that a permit to build is required for any structure in any zone .
Mrs . Valentino suggested that the words " or operate " be added after
the words " Permit to build '.' in both cases where they appear in this para -
graph . This was agreed upon .
The matter of the Kool - Aid stand was not resolved , but Mr . May
suggested that size ought to be thought about .
Discussion now turned to the " Preamble " , a separate section commencing
with page
Mr . DelRosso stated that it would be nice if the first paragraph of
the Preamble also set forth as a purpose for the regulation of the Town of
Ithaca the allowing of the individual to make the best use of his land to
suit his own needs .
Mr . Stanton expressed his hope that the word " affect " rather than
" impact " could be used in paragraph 1 on page " iii " ( Multiple Residence
Zones ) ,
Mrs . Raffensperger stated that she was delighted to see this Preamble
this evening . She continued and stated that in the business zones she is
concerned that there is no recognition of the importance of the expansion of
a business zone as well as just its creation . She commented that you can
slowly but surely be nibbled to death . Mrs . Raffensperger felt . that surely
some place in this ordinance expansions of business use can be dealt with .
She pointed out that this does not necessarily involve a rezoning for
further use if the land is already zoned .
Mrs . Raffensperger , noting the reference to the Tompkins County
Comprehensive " selective communities pattern " on page " i " , wondered if it is
implied that the Town has approved that as a Town , adding that she did not
believe that we have and that . she is not sure that we want to . .
Mrs . Restaino stated that if there ever were a question of whether the
Town has a comprehensive plan , that would be the one .
Mrs . Raffensperger stated that it was her recollection that the densi -
ties far exceed anything that we have ever contemplated for the Town .
Mr . Stanton stated that it would be helpful if there were a paragraph
stating that there are the following zones , noting that the preamble goes
from neighborhoods to residence zones without any statement of how we got
into zones . Mr . Stanton stated that he thought there was an intent in
establishing these zones that you wanted to keep the character of the area .
Mr . Stanton thought that something like a lead - in statement would be useful ,
commenting that the sequence does not seem to be orderly to him .
Mr . DelRosso pointed out that the word " six " in the second line of
page " ii " should be " eight " to jibe with the eight neighborhoods listed
subsequently .
Mr . Stanton suggested listing the residential zones - - R - 9 , R- 15 , R - 30 .
Mrs . Restaino pointed out that they are together in the proposed amendments .
Mr . Stanton pointed out that Cluster Housing is separated out by a
heading , page " iii ' and it might follow well to have the residence zones .too .
Joint Meeting ( Tn . Bd . , P1 . Bd . , Zon . Bd . ) 2 / 25 / 80
Page Eight
It was agreed that the typing format was that of the 174 draft and
would be improved upon .
Mrs . Restaino suggested that Mr . Gary Evans of the Tompkins County
Planning Department could attend the next meeting of the committee to talk
about the " selective communities pattern " . This was agreed upon .
Mr . May , while mentioning Article . IV particularly , stated that any time
there is a reference to signs , it should be stated that signs shall conform
to the Town of Ithaca Sign Ordinance . This was agreed upon . .
Mrs . Valentino stated that if , after this evening , those _present think
of anything else that they would Like to .comment on , please get it to Mrs .
Restaino .
Mrs . Restaino stated that this would be the time that she . would need
to look at everybody ' s comments once again , and , whenever anyone is finished
with their draft , they should get them to her .
At 9 : 30 p . m . , Mrs . Valentino declared the February 25 , 1980 , work
session over .
,II
1
Respectfully submitted ,
Nancy M . Fuller ,
Secretary .