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HomeMy WebLinkAboutTB Minutes 1981-02-09 TOWN OF ITHACA REGULAR BOARD MEETING February 9 , 1981 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 9th day of February , 1981 , there were PRESENT :, , Noel Desch , Supervisor Shirley Raffensperger , Councilwoman. Marc Cramer , Councilman Henry McPeak , Councilman George Kugler , Councilman Victor Del Rosso , Councilman Dooley Kiefer , Councilwoman ALSO PRESENT : John Barney , Attorney Peter Grossman , Attorney Robert E . Parkin , Highway Superintendent Lawrence Fabbroni , Town Engineer Carolyn Grigorov , Planning Board Gust Freeman , . County Board of Representatives Lorraine Mc Cue , I . D . T . C . & F . L . K . C . Janine Mazza , I . D . T . C . & F . L . K . C . Tom Raffensperger , Boy Scouts , Barden - Powel Council Dale Corson , 144 Northview Road Raymond Hemming , Bryant Park Civic r Association I Joel Zumoff , Bryant Park Civic Association Joe Gentili , County Planning Milton Zaitlin , Northview Road Association Beverly Livesay , County Board of Representatives Frank Shipe , 236 Forest Home Drive Margery Shipe , 236 Forest Home Drive Liese Bronfenbrenner , Planning Board Representatives of the Media : Pat Braus , Ithaca Journal Dave Burbank , WTKO News Katy Heine , WH.CU PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS SUPERVISOR Supervisor Desch stated that he was pleased to report that we are in receipt of part of our long awaited EPA reimbursement that is $ 97 , 000 out of the total of $ 152 , 000 due . The remainder is to be held pending final audit . The incredible thing is that it took a whole year to get what should have been an automatic payment . The Governor ' s budget for next year places a cap on State Aid , which potentially could cost the Town of Ithaca $ 76 , 000 from the amount we would otherwise receive . , However , our conservative budgeting will re - duce the actual impact on this cut . There will be intense lobbying to Town Board Minutes - 2 - February 9 , 1981 avoid the cap in other communities , i . e . , the City which stands to lose over $ 500 , 000 . We have authorization from Morse Chain to remove the railroad crossing at Stone Quarry Road since the Route 13 overpass is no longer in existence . Morse Chain purchased the line uphill from Stone Quarry Road . We and the City can ease the vertical alignment at this location to overcome a hazardous situation . I am pleased to report that we have a clean bill of health with our Town water distribution system and with regard to our Cayuga Lake Water supply , treatment and distribution system . The County Health Department Reports will be circulated to Board Members for their information . The ridership of the East Ithaca bus for the first two weeks has exceeded everyones expectations . The East Ithaca neighborhood is committed to sustaining the ridership through circulation of fact ._ . sheets , questionnaires , business advertising , etc . Cornell is doing an outstanding job of administering the service , including precision routing , positive attitude by bus drivers . One of the residents said " It ' s nice to have the opportunity to meet your neighbors again . " We look forward to continued success with this service . The Town and City have been having continuing discussions with Cornell and Ithaca College on the matter of the cost of fire service . Cornell has completed a survey which shows what other colleges and universities are doing to pay for these services . The discussions are continuing in a constructive way and with particular emphasis on the long term impli - cations , On dog control services , I will suggest to the Board that we hold a public hearing to consider a contract for dog control services . We have the proposed contract from the SPCA which really is a continuation of the 1980 service which was performed very well . We have an outline proposal from Bill Hilker which would require the Town to get in the business of owning dog care facilities and hiring dog wardens . In all fairness to both suppliers and in the interest of the Town taxpayers , we should carefully review these proposals and I will ask Jean to make copies available well ahead of the meeting on March 9 . TOWN ENGINEER Town Engineer Larry Fabbroni noted that the East Ithaca Connector Technical Committee was proceeding with a draft report . He felt the draft report would be ready by the end of February and which time , . the committee would present the report to the Planning Board . . He further noted that the Cliff Street Pump Station Change Order was on the agenda , and will be considered later in the meeting . He felt the project would proceed as soon as the weather improved . The staff now has direction and will proceed to prepare proposals for the Parks , looking toward construction of same in 1981 . Town Engineer Fabbroni presented a resolution to the Board pertaining to the request by the Town authorizing the County Commissioner of Public Works to request formal abandonment of former state route SH - 8467 from the west end of Buttermilk Creek bridge to New York 96B . Supervisor Desch asked who maintains the bridges ? Highway Superintendent Parkin stated that the County maintains all structures and the . Town maintains the highways . Councilman Kugler asked who will be responsible for plowing the road ? Superintendent Parkin responded that the Town plows the road now . f f . Town Board Minutes - 3 - February 9 , 1981 The Town Engineer noted that the Legislature has passed a resolution of abandonment and now the Town and County must agree to accent the road . He further noted that in the past , roads were just handed to the Town and County , whether they wanted them or not . Supervisor Desch asked if the Town was getting enough from the County ? Town Engineer Fabbroni said it was a bargaining unit . Councilman McPeak asked what would happen if the Town did not accept the road ? Supervisor Desch answered that we would not maintain it . RESOLUTION NO , 16 Motion by Councilman Del Rosso ; seconded by Councilman Kugler ,. WHEREAS , approximately 3300 feet of West King Road from the west end of the Buttermilk Creek bridge to NYS Route 96B was trans - ferred from the State to Tompkins County . on April 1 , 1980 , and WHEREAS , in June 1979 the Town Engineer had reached an agreement with both the County Commissioner of Public Works and the State District Director that with King Road West west of the west end of the Buttermilk Creek bridge and Stone Quarry Road both Town Highways it was clear from functional . . classification standards that the remainder of King Road West as described above should be a Town Highway , and WHEREAS , such an agreement was the basis for both the County and State referring roadways repair requirements to the Town during watermain construction along King Road West in 1979 - 1980 , and . WHEREAS , the highway is now in good repair and the County is now requesting that the formal transfer to the Town be completed , NOW THEREFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the County Commissioner of Public Works to request formal abandonment of former state route . SH - 8467 from the west end of the Buttermilk Creek bridge , station 0 - 117 to SH - 5043 ( New York 96B ) , station 32+89 to the Town of Ithaca , such authorization being suggested by Chapter 243 of the Laws of 1980 , and FURTHER RESOLVED , that the Town Supervisor be authorized to complete any agreements necessary to effect this transfer upon Town Attorney approval . (Desch ; Raffensperger , Cramer , McPeak , Kugler , Del Rosso and Kiefer voting Aye . Nays - none ) . Town Engineer Fabbroni stated that the Engineering and Planning Department would like to purchase a Diazit Copying Machine and asked if the Board would , at some point during the meeting , adjourn and walk upstairs to look at the machine . Mr . Fabbroni further stated that his department was spending $ 400 a year on copying . The cost of the paper and materials to produce the same amount would be only $ 100 . The purchase cost of the machine is $ 810 , however , he felt the Town would recover the investment cost in about two years and a half . He further noted - that the amount spent each year on copying does not Town Board Minutes - 4 - February 9 , 1981 include staff time going to Acrographics . However , the basic need is the availability of maps for people who wish to purchase them . With the present system , a person wishing to purchase a map must wait while someone goes to Acrographics to have the necessary copies made . The particular machine that he wishes to purchase is the same machine that O ' Brien and Taube are using and they find the machine to be very reliable . The County has a faster machine , however , they do more copying . Councilman Del Rosso asked if the machine used liquid ammonia ? The Town Engineer answered yes . Councilman Del Rosso asked if the machine would need to be vented ? Mr . Fabbroni stated that so far it has not bothered anyone . They have been using the demonstration machine for two weeks and no one has complained so far . Councilman McPeak asked if the Engineering Department was currently charging for prints ? The Town Engineer answered yes . County Representative Gust Freeman asked why the Town did not send the maps to be copied to the County ? Town Engineer Fabbroni stated that they had a lot of their maps reproduced by the County , however , then you are getting into the same situation that now exists with Acrographics . HIGHWAY SUPERINTENDENT Highway Superintendent Parkin reported that the Highway Department has been busy plowing and sanding roads . Also hauling salt and sand . Culverts are being cleaned of ice , snow and debris along with taking care of bridges . Superintendent Parkin noted that he had prepared a list of specifications for his new car . He stated that he hoped that the bids would come in for about $ 5 , 300 . Sedan Car Specifications Front Wheel Drive 4 - door sedan Automatic Transmission Power steering Undercoating Tinted windshield Front and rear floor mats AM radio Halogen headlights Inside adjustable sideview mirror All vinyl seats Minimum 1 . 5 litre engine . Minimum headroom - 37 . 5 Minimum legroom - 41 . 5 Councilman Cramer noted that the specifications did not include a specified gas mileage . Superintendent Parkin noted that he was not including mileage requirements in the specifications . A discussion was held on the pros and cons of advertising for bids on American manufactured cars only . Town Board . Minutes - 5 = February 9 , 1981 RESOLUTION N0 , 17 Motion by Councilman McPeak ; seconded . by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the list of specifications as presented by the Highway Superintendent and that bids for said car be advertised in the Ithaca Journal . ( Desch , Raffensperger , Cramer , McPeak , Kugler , Del Rosso , and Kiefer voting Aye . Nays - none ) . ASSOCIATION OF TOWNS MEETING Supervisor Desch stated that as the Board ' s Official Voting Representative he would appreciate hearing the Board ' s position on the resolutions to be presented to the delegates . ( Copy of proposed resolutions attached to minutes ) . The position of the Board was that a no vote was called for on the revising State Sewer 0 & M Aid , the revise OSHA , and the Mandatory Fiscal Analysis . Opposing Binding Arbitration did not apply to the Town of Ithaca . The remainder of the . proposed resolutions were endorsed by the Board / NEW YORK STATE FIRE CODE Supervisor Desch stated that the Town staff had spent a lot of time on the feasibility of the Town adopting the New York State Fire Code . The recent fires in Nevada and Westchester County indicate a need for a fire code in the Town . Councilman Kugler asked if the code would be mainly for industrial and commercial businesses ? Supervisor Desch answered yes . . Town Engineer Fabbroni noted that the County Health Department has jurisdiction over the hotels and motels in the County . Town Attorney John Barney asked if the Town would need a permit inspector ? Supervisor Desch answered yes , probably the Building Inspector . However , if a unique situation in the industrial section arose , the Town . might need to hire an industrial specialist . The Supervisor further noted that sometime ago , the Town talked about prohibiting open burning in the Town . The State is in the process of preparing a campaign to ask municipalities to adopt such codes . RESOLUTION N0 , 18 Motion by Supervisor Desch ; seconded by Councilman Del Rosso , RESOLVED , that . the Town Board of the Town of Ithaca will conduct a public informational hearing . on March 9 , 1980 , at 6 : 30 p . m . , . at the Town Hall , 126 East Seneca Street , Ithaca , New York to consider the adoption of the New York State Fire Code , and FURTHER BE IT RESOLVED , that the Town Clerk place the public informational hearing in a box ad in the local paper . ( Desch , Raffensperger , Cramer , McPeak , Kugler , Del Rosso and Kiefer voting Aye . Nays - none ) . Town Board Minutes - 6 - February 9 , 1981 DOG CONTROL CONTRACT Supervisor Desch noted that the Town had received the 1981 proposed Dog Control Contract from the SPCA and a proposal from Willis Hilker to provide dog control service to the Town . RESOLUTION NO . 19 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will conduct a public hearing on March 9 , 1980 , at 7 : 00 p . m . , at the Town Hall , 126 East Seneca Street , Ithaca , New York , to consider the 1981 Dog Control Contract . ( Desch , Raffensperger , Cramer , McPeak , Kugler , Del Rosso and Kiefer voting Aye . Nays - none ) . CLOVER LANE LIGHTING DISTRICT Supervisor Desch stated that the petition for the creating of a lighting district for the Clover Lane area had not been received by the Town . Therefore , the scheduled public hearing would have to be postponed until the next Board Meeting . RESOLUTION NO . 20 Motion by Supervisor Desch ; seconded by Councilman Del Rosso , RESOLVED , that the Town Board of the Town of Ithaca hereby postpones action on the Clover Lane Lighting District and reschedules the public F hearing on said lighting district for March 9 , 1981 , at 6 : 45 p . m . , at the Town Hall , 126 East Seneca Street , Ithaca , New York . ( Desch , Raffensperger , Cramer , McPeak , Kugler , Del Rosso and Kiefer voting Aye . Nays - none ) . DEWITT JUNIOR HIGH SCHOOL PARK RESOLUTION NO . 21 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will conduct a public hearing on March 9 , 1981 , at 7 : 30 p . m . , at the Town Hall , 126 East Seneca Street , Ithaca , New York to consider the revised site plan for the Dewitt Junior High School Park . ( Desch , Raffenpserger , Cramer , McPeak , Kugler , Del Rosso and Kiefer voting Aye . Nays - none ) . SALEM DRIVE PARK - _ RESOLUTION NO . 22 Motion by Supervisor Desch ; seconded by Councilman Del Rosso , RESOLVED , that the Town Board of the Town of Ithaca will conduct a public hearing on March 9 , 1981 , at 7 : 45 p . m . , at the Town Hall , 126 East Seneca Street , Ithaca , New York to consider the revised site plan for the Salem Drive Park . ( Desch , Raffensperger , Cramer , McPeak , Kugler , Del Rosso and Kiefer voting Aye . Nays - none ) . Town Board Minutes - 7 February 9 , 1981 CLIFF STREET PUMP STATION CHANGE ORDER Town Engineer Fabbroni read the following change order to upgrade the Cliff Street Pump Station : Remove 2nd pump , make base and piping modifications and install new Goulds 50 HP pump $ 11490 . 00 Change electric service to handle 50 HP pump 451900 New Goulds 50 HP pump as specified by Lozier 32341 . 80 Credit for temporary pump rental - 11085900 Total Change Order $ 4 , 197 . 80 He further noted that the change will provide a second pump capable of meeting foreseeable demands for water on West Hill , including any residential or office tenant of the Old Hospital and other future non - industrial uses of the Old Hospital , Cornell Statler , West ( old IOOF ) and . the Lakeside Nursing Home , etc . The initial project was to upgrade. the pump station and to replace the obsolete first pump with a suitable pump salvaged from the Pearsall pump station . In the period when the project was bid , the first quarter records, including operation of the New Hospital and Statler , West , make it clear that the existing , primary pump ( referred to as second pump ) may soon not be able to meet the daily and hourly demands ( presently runs 21 hours a day ) . This would make the second pump worthless as an alternate pump , although much more . reliable as a backup to the first pump being installed . However , in view of the cost of replacing the second pump , the alternating capability provided by installing the second pump , the uncertainties of the immediate future , the existing demand , and the long range nature of large scale alternatives for water supply on West Hill , I recommend that ? the Change Order be accepted for installation of a new second pump . Mr . . Fabbroni stated that it will make the budget for this project very tight , as only $ 7 , 978 . 61 is in the 1981 bud et for engineering and contingency for this project , thus leaving 3 , 780 . 81 after this change .. RESOLUTION NO . 23 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Supervisor to execute the Change Order Contract bn the Cliff Street Pump Station in the amount of $ 4 , 197 . 80 . ( Desch , . Raffensperger , Cramer , McPeak , Kugler , Del Rosso and Kiefer voting Aye . Nays - none ) . YOUTH BUREAU REPRESENTATIVE RESOLUTION NO . 24 . Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby reappoints David Jennings to serve as the Town of Ithaca representative on the County Youth Bureau . ( Desch , Raffensperger , Cramer , McPeak , Kugler , Del Rosso and Kiefer voting Aye . Nays - none ) . WATER BILL REFUND RESOLUTION N0 . 25 Town Board Minutes - 8 - February 9 , 1981 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund in the amount of $ 106 . 79 be made to Rocco Lucente , 103 Salem Drive , Ithaca , New York , by reason of the meter reader misreading the meter for the September 1 , 1980 billing on Apartment No . 5 at 610 Winston Court . Account No . 187 - 022069 - 9 . ( Desch , Raffensperger , Cramer , McPeak , Kugler , Del Rosso and Kiefer voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER THE ADOPTION OF PROPOSED AMENDMENTS TO THE ZONING ORDINANCE Proof of posting and publication of notice of Public Hearing to consider the adoption of proposed amendments to the Zoning Ordinance having been presented by the Town Clerk , the Supervisor opened the Public Hearing . Supervisor Desch noted that at the public informational meeting a discussion was held on what constitutes a family . He stated that the Town Attorney along with Susan Beeners have prepared the definitions of a family and one and two family dwellings . Susan Beeners has incorporated the modifications into the revised proposed Zoning Ordinance . ( Copies of definitions of family , and one and two family dwellings along with diagram of regulations for occupancy of one and two family dwellings attached to the minutes ) . The Town Engineer then proceeded to explain the Town of Ithaca proposed zoning schedule . ( Attached to the minutes ) . He stated that the 1968 Ordinance was used as the basis for the proposed Zoning Ordinance . Certain permitted uses were removed from the Residential Zones . Mobile Home and Flood . Plain Zones . have been added . Mr . Fabbroni noted that changing times over the years have created different problems , an example being rooming houses and group homes . Therefore , a special permit section is necessary . However , lot sizes and yard requirements have remained the same . In Residential areas the major changes have been parking requirements and occupancy . Parking is permitted in driveways and side yards , but not in front yards . Supervisor Desch noted that parking could provide a deterent , to the number of people occupying a dwelling . Councilman' Raffensperger asked if there were any set back requirements ?. Mr . Fabbroni stated that yard requirements were defined under Multiple Residence . He further stated that there were floating zones within the ordinance , which provide Multiple Zones . almost anywhere reasonable . Supervisor Desch stated that he felt the Mobile Home section seemed quite wordy and that it needed to be standardized . Mr . Shipe asked if there was any language , in the ordinance , which restricts mobile homes in R- 9 zones ? Also , are prefab homes considered to be mobile homes , and are they restricted ? Town Engineer_ Fabbroni stated that mobile homes were defined on page 9 of the proposed ordinance , and he felt the definition was quite clear as to what a mobile home was . County Representative Freeman noted that modular homes could .be considered mmbil.e homes . Supervisor Desch stated that a . reference will need to. be made to stick built homes . i r � :PROPOSED MODIFICATIONS OF FINAL DRAFT , ZONING ORDINANCE 23 / 81 S . C . B . PREAMBLE : p . ii . - Second paragraph under Residence Zones to read : One family homes are permitted in all residence zones with a maximum total of three unrelated persons , however , if the one family dwelling is owner - occupied , one additional unrelated person is permitted in the dwelling for a maximum total of four unrelated persons . Two family homes are permitted in all residence zones with a maximum total of two unrelated persons for each dwelling unit , however , if the two family dwelling is owner - occupied , one additional unrelated person is permitted in the dwelling unit that is not occupied by the owner for a maximum total of five unrelated persons . p . vi - " It is the intent of the Conservation Area and the Flood Hazard Area to be shown as overlay districts . ARTICLE II - DEFINITIONS : p . 3 , # 8a . BOARDING HOUSE : A dwelling in which more than three persons either individually or as families are housed or lodged for compensation on a transient basis , with or without meals . A rooming house or tourist home shall also be deemed a boarding house . p . 4 , # 19a . DAY CARE FACILITY : A facility which is licensed or certified by an authorized state or county agency to provide supervision and care for two or more children for more than three hours a day . #23 . DWELLING , ONE - FAMILY : A dwelling designed for use by one family , and containing one dwelling unit . #24 . DWELLING , TWO - FAMILY : A dwelling designed for use by two families , and containing two dwelling units . Proposed modifications Final Draft / Z . O . Page Two p . 5 , #27 . FAMILY : ( See enclosed material from James V . Buyoucos . ) p . 6 , # 36a . FOSTER HOME : A dwelling in - which are placed one or more persons who are in the care , custody , or guardian - ship of an authorized agency , for temporary or long term care . A foster home with more than six foster residents shall be deemed a group care residence . P . 7 , . #40a : GROUP CARE RESIDENCE : A facility licensed , certified , or otherwise authorized by a state health or welfare agency to provide living quarters and supervisory care for persons with physical , emotional , social or other developmental handicaps in a residential atmosphere . Such a facility shall provide qualified .supervision whenever one or more residents are present , and shall have one or more resident supervisors . This category shall include group homes , hostels, community residences for youth and adults , and foster homes certified for more than six ( 6 ) foster residents . It shall not in - clude institutions whose primary purpose is the medical treatment , remedial education , or civil restraint of the occupants , but group care residences may contain limited facilities for physical , emotional or occupa- tional therapy as appropriate to the purpose of the facility . A characteristic of such facilities shall be the presence of common cooking , dining and social areas . #41 . GROUP HOME : See GROUP CARE RESIDENCE . p . 11 , #692a . ROOMING HOUSE : See BOARDING HOUSE . p . 11A , # 78a . TOURIST HOME : See BOARDING HOUSE . Proposed modifications Final Draft / Z . O . Page • Three ARTICLE IV RESIDENCE ZONES ( R30 , R15 AND R9 ) : PO 16 - SECTION 5 . Use Regulations . Paragraphs 1 . and 2 . : ( See enclosed material from James V . Buyoucos . ) p . 25 - Add paragraph 6 . : 6 . Refuse . Refuse or waste put outside of any building in a residence zone shall be placed in rigid receptacles . adequate to.. . .prevent ).the scattering of waste . ARTICLE V MULTIPLE RESIDENCE ZONE ( R- 2 ) : p . 28 - 6 . ( second sentence ) . . . These areas shall contain rigid receptacles . . . ARTICLE VI MOBILE HOME RESIDENCE ZONE ( R- 3 ) : p . 37 - i . ) Waste or refuse . . . which contain rigid receptacles . . . ARTICLE VII BUSINESS ZONES ( B - 1 ) , ( B - 2 ) : p . 41 - 4c . Garbage . . . must be stored under cover . . . Strike out : under cover . Replace with : in closed containers . . . ARTICLE X AGRICULTURAL ZONE ( A ) : p . 55 - 2 . Kennels or veterinary clinics . . . Strike out : or veterinary clinics . ( This is a Special Permit item . ) ARTICLE XVI SPECIAL PERMITS AND SPECIAL EXCEPTIONS : p . 86 - 5 . Group home , group care facility . to read : 59 Foster home with more than three ( 3 ) foster residents , group care residence . Proposed modifications Final Draft / Z . O . Page Four p . 86 - 7 . Parochial or private school , . . . day care center , . . . Strike out : center . To read : day care facility , 9: Radio or television antenna , or other tower . to read : 9 . Radio or television antenna , or other tower over sixty ( 60 ) feet in height from the ground . ( In the case of commercial radio towers , . . . ) 10 . Rooming house or tourist home .. to read : 10 . Boarding house . p . 87 - 15 . Increased residential occupancy . . . Section 71 . Delete . 16 . Becomes 150 p . 89 - 93 - SECTION 71 . Increased Occupancy . Remove . ( This Section will not be presented as part of the proposed zoning ordinance . ) li® - 5 - 9 / 7 / 79 6 / 17 / 80 7 / 9 / 80 1 / 23 / 81 26 . EDUCATIONAL FACILITY : Any buildings or equipment used for or necessary to the operation of any school , college or university . 26a . EXCEPTION : ( See " Special Exception " - - #69a . ) 270 FAMILY : A . A family shall . consist of one person living alone , or two or more persons related by blood , marriage or adoption , living together as a single housekeeping unit and maintaining a common household including common living , cooking and eating facilities . . Be A family may also consist of a number of persons , but not exceeding two ( 2 ) , living together as a single house - keeping unit and maintaining a common household including common living , cooking and eating facilities . ( 1 ) However , one person defined as a family in paragraph A above , or the two persons defined as a family in para- graph B above , must be included as unrelated persons for the purpose . of any section of this law which limits the number of unrelated occupants in a dwelling unit ( see , for example , Article IV ) . C . A person standing in a relationship acknowledged to be that of child to parent , although not related by blood or adop - tion , as , for example , in a foster child- foster parent relationship shall also be deemed to be a child for purposes of a family provided ( a ) no more than three ( 3 ) persons shall be deemed to be children under this category and ( b ) this definition shall not be deemed to permit the maintenance and operation of a home for foster children in excess of that number placed in a private home by a duly authorized or licensed private or public agency . ( See special provisions elsewhere in this law for provisions governing foster homes . ) 28 . FARM : An area of land that exceeds five ( 5 ) acres and is used for tillage of land to produce agricultural crops ; grazing and - SA - 1 / 23 / 81 , housing of horses , livestock or other animals ; or rearing of poultry for meat or eggs . 29 . FENCE : An artificial barrier erected to enclose an area , to mark a lot boundary , or to provide decoration . 30 . FILL : Fill is earth , rock , or a mixture of earth and rock which is used to fill in a depression in the ground or to raise the natural ground level . Garbage or other solid waste products may not be used as fill . 31 . FLOOD : . a . ) A general and temporary condition of partial or complete inundation of . normally dry land areas from : i . The overflow of streams or other waterbodies above their normal banks . ii . The unusual and rapid accumulation or runoff of surface waters from any source . b . ) The collapse or subsidence of land along the shore of a waterbody as a result of erosion . or undermining caused by waves or currents exceeding normal levels or suddenly caused by unusually high water levels in a natural body of water , accompanied by a severe storm , or by . an unanticipated force of nature , such as a flash flood or some similarly unusual and unforeseeable event which results in a flood as defined in a . ) of this subsection . 32 . FLOOD HAZARD AREA : All that land adjacent to a body of water which has been or may be hereafter covered by a flood having a one per cent chance of being equaled or exceeded in any given year . ARTICLE IV 5 / 18 / 79 Rev . 6 / 7 / 79 9 / 7 / 79 RESIDENCE ZONES ( R30 , R15 AND R9 ) 6 / 17 / 80 8 / 8 / 80 1 / 23 / 81 SECTION 4 . Purpose . The purpose of the Residence Zones R30 , R15 , and R9 is to provide , respectively , areas for low , medium , and high density residential development primarily for single and two - family dwellings where such residential development can be supported by the road system , natural features of the landscape , sewer and water facilities , and where such development is the desirable land use . SECTION 5 . Use Regulations . In Residence Zones R30 , R15 , and R9 , no building shall be erected or extended , no equipment shall be operated , and no land or buildings or any part thereof , shall be used for other than the following purposes : . A . A one - family dwelling . 1 . A one - family dwelling may be occupied by one family as defined in this law , and in addition to such family , At may be occupied by no more than two unrelated persons whether classified as roomers , boarders , lodgers or otherwise . If , however , at least one member of the family is also the owner of the dwelling , it may be occupied by no more than three such additional unrelated persons . 2 . A one - family dwelling may also be occupied by no more than four such unrelated persons ; however , one person defined as a family in ARTICLE II , Section 1 . 27 . A and two persons defined as a family in ARTICLE II , Section 1 . 27 . B must be included as unrelated persons for - 16 - - 16A - 1 / 23 / 81 purposes . of this paragraph . Be A two - family dwelling . 1 . Each dwelling unit in such dwelling shall be occupied by one family only and by one additional unrelated person in each unit whether classified as roomer , boarder , lodger , or otherwise , provided that the entire dwelling , including both units , shall not be occupied by more than four such unrelated persons ; for purposes of this paragraph , one person defined as a family in ARTICLE II , Section 1 . 27 . A and the two persons defined as a family in Section 1 . 27 . B of said . Article must be included as unrelated persons . The foregoing is subject to the following exception : a . If a member of the family occupying one of the two dwelling units is the owner of the dwelling , then the entire dwelling , including both units , shall not be occupied by more than five ( 5 ) such unrelated persons ; provided that ( i ) no more than three ( 3 ) such unrelated persons may occupy the unit not occupied by such owner and ( ii ) a sole person defined as a family in ARTICLE II , Section 1 . 27 . A and two ( 2 ) unrelated persons defined as a family in Section 1 . 27 . B must be included as unrelated persons for purposes of this subparagraph . - 17 - 9 / 7 / 79 6 / 17 / 80 8 / 8 / 80 1 /23 / 81 3 . Residential subdivisions , subject to the approval --, -of the Planning Board , and in accordance with the Town of Ithaca Subdivision Regulations . Cluster residen - tial subdivisions are allowed pursuant to Section 281 5 . of Town Law , 4 . Church , convent , parish house or place of worship upon site plan approval by the Planning Board according to the requirements of Article XII . 5 . Publicly owned park or playground including accessory buildings and improvements . 6 . Public building or facility such as public school , fire - house , government building , museum , planetarium , library , public utility , upon site plan approval by the Planning Board according to the requirements of Article XII . 7 . Golf course , except a driving range or a miniature golf course , provided that no building shall be nearer than 100 feet from any lot line . 8 . Garden , nursery , or farm , except a hog farm where the principal food is garbage . A farm must be a minimum of 5 acres . Sale of farm and nursery products shall be subject to the provisions of Article IV , Section 6 , paragraph 4 . Usual farm buildings are permitted , provi - ded that : a . Any building in which farm animals are kept shall be at least 100 feet from any lot line or street right of way . 1 / 23 / 81 2 / 2 / 81 CORRECTED Proposed Modifications of Final Draft , Zoning Ordinance PREAMBLE : P . ii - Second paragraph under Residence Zones to read : One - family homes are permitted in all residence zones with a maximum total of one family and two additional unrelated - . , ` persons. If the one- family dwelling is owner- occupied , one famil and three additional unrelated y , persons are permitted , however , in no case are more than four unrelated persons allowed . . . , . Two - family homes are permitted in all residence zones with a maximum total of four unrelated persons in the entire dwelling .. However , if the two - family dwelling is owner - occupied , a maximum total of five unrelated persons is permitted in the . entire dwelling . Susan C . Beeners Approved / L'. P . F . P R O P O S E D REGULATIONS FOR OCCUPANCY OF ONE AND TWO FAMILY DWELLINGS IN THE TOWN OF . ITHACA NOTE : The number of unrelated persons who may occupy a dwelling is strictly limited . Please consult the diagrams below . ONE - FAMILY DWELLINGS : I MEN f DWELLING OWNER -OCCUPIED DWELLING NOT OWNER-OCCUPIED I 1 Family * 1 Family + 0 R + 3 Additional 2 Additional Unrelated Persons Unrelated Persons Noma REGARDLESS OF DEFINITION OF FAMILY TOTAL UNRELATED PERSONS MAY NOT EXCEED 4 TWO- FAMILY DWELLINGS : DWELLING OWNER -OCCUPIED DWELLING NOT OWNER-OCCUPIED UNIT A UNIT B UNIT A UNIT B ( Owner -Occupied ) 1 Family * No More 1 Family * 1 Family * + Than 0 R + + 1 Additional 3 1 Additional 1 Additional Unrelated Person Unrelated Persons Unrelated Person Unrelated Person . REGARDLESS OF DEFINITION OF FAMILY * REGARDLESS OF DEFINITION OF FAMILY * TOTAL UNRELATED PERSONS TOTAL UNRELATED PERSONS MAY NOT EXCEED 5 MAY NOT EXCEED 4 * DEFINITION OF A FAMILY : 27 . FAMILY : A . A family shall consist of one person living alone , or two or more persons related by blood , marriage or adoption , living togeth'er ,. /-as Ir a single housekeeping unit and maintaining a common household including ccmmon living , cooking and eating facilities . Be A family may also consist of a number of persons ,, but not exceeding two ( 2 ) , living together as a single housekeeping unit anal main . a taining a common household including common living , cooking and eating facili - ` ties : ( 1 ) However , one person defined as a family in para- graph A above , or the two persons defined as a family in paragraph B above , must be included as unrelated persons for the purpose of any section of this law which limits the number of unrelated occupants in a dwelling unit;• . ( see , . for example , Article IV ) . % 1 7 v.- C . A person standing in a relationship acknowledged to be that of child to parent , although not related by blood or adoption , as , for example , in a foster child - foster parent relationship shall also be deemed to be a child for purposes of a family provided ( a ) no more than three ( 3 ) persons shall be deemed to be children under this category and ( b ) this definition shall not be deemed to permit the maintenance and operation - of a home for foster children in excess of that number placed in a private home by a duly authorized or licensed private or public agency . ( See special provisions elsewhere in this law for provisions governing foster homes . ) Town Board Minutes - 9 - February 9 , 1981 Supervisor Desch noted that Business C and Business D Zones now become B - 1 or B - 2 Zones . He further noted that the East Hill Plaza and bowling area would now become B - 2 zones . Councilwoman Kiefer asked if neighborhoods were defined ? Town Engineer Fabbroni stated that neighborhoods were defined in the Preamble on page ii . Councilwoman Kiefer then asked if boundaries are . defined ? Town Engineer Fabbroni stated that . they were not defined in this version . Supervisor Desch felt . they should be defined in the Preamble . Mr . . Fabbroni stated the boundaries could be shown on the map . Supervisor Desch agreed , saying it would take a lot of words to define boundaries whereas they would show very clearly on a map . Janine Mazza asked if Section 6 in the R- 9 zone , regarding household pets and kennels had been discussed ? Town Engineer Fabbroni stated that household pets were covered under . section 64 on page 10 and section 47 on page 8 . Mrs . Mazza asked how many dogs were allowed in kennels ? . Mr . Fabbroni answered three . Mrs . Mazza if there was a limit on the number of household pets ? Mr . Fabbroni stated that there were no limits on the number of household . pets . County Representative Freeman asked if I - 1 was the only area in the Town where solar collectors would be allowed ? Susan Beeners stated that other areas would require a special permit . Supervisor Desch asked about putting a solar collector on a house roof .: The Town Engineer noted that this was permitted . Milton Zaitlin stated that he represented the Northview Road Association ,. and that he was satisfied with the occupancy requirements , however , he hoped the number would be a permanent maximum . He also stated that he felt a provision for a penalty to help enforce the Zoning Ordinance would be included in the ordinance . Mr . Zaitlin then stated that the Northview Road Association was satisfied with the Zoning Ordinance and hoped that it would be passed very soon . Councilman Del Rosso questioned the Purchase Option on page 77 , section 67 , item 1 , requesting clarification as to where the language came from . Town Engineer Fabbroni stated the right of first refusal is from the Parks and Open Space Plan , Councilman Del Rosso remarked that it sounds like if an area is designated a Park and Open Space , then any property owner who puts his property up for sale , the Town would have the first refusal . The seller would be obligated to give the Town first refusal before he could consider any other offer from a perspective buyer . . Councilwoman Kiefer felt this was an uncommon municipal privilege . Councilman Del Rosso stated that he felt very uncomfortable with this section . Town Board Minutes - 10 - February 9 , 1981 Councilman McPeak also felt uncomfortable with this section , stating that a person would have to come before the Town Board and obtain a release before they could sell their property to anyone except the Town . Supervisor Desch stated that he felt this section should be deleted . Councilwoman Raffensperger felt the legalities of this section should be discussed . County Representative Livesay asked if rooming houses were now permitted in areas which previously permitted boardinghouses ? Mr . Fabbroni stated , only by special permit . Mrs . Livesay asked if this meant any zone by special permit ? Mr . Fabbroni answered yes . There is no entitlement , a lot of uses may be applied for under the special permit section . Mrs . Livesay asked if rooming houses or boarding houses were permitted in R- 15 and R- 30 zones by special permit ? Mr . Fabbroni answered yes , by permit . Joe Gentili of the Tompkins County Planning Department questioned the Tgwn ' s being content with regulating house occupancy by numbers . He felt health , safety and welfare should be taken into consideration . He again questioned if the Town would really be happy to permit house occupancy by number of occupants . �> Supervisor Desch stated that the Town was not trying to dictate the size of families . He felt family sizes were dictated by the economy . The Town was trying to balance the size of lots to the size of dwellings . Councilwoman Raffensperger noted the discussions on impact on .neighbor - hoods had been discussed for several years . , It is extremely complex to regulate by health , parking , etc . Supervisor Desch stated that he felt this approach was too restrictive . Mr . Gentili stated that he felt the Town should regulate the number of occupants by house type . It should be calculated on the volume of living space and parking space . He further stated that he felt the approach to all dwelling should be one person on a square or cubic foot basis , or the number of persons allowed for the number of bath - rooms . Also , the square feet of yard per person could aleviate the . population density . Town Attorney Barney noted that the approach used in the proposed zoning ordinance has been sustained in the courts . Councilman McPeak noted that if this approach was used now , numbers of people would have to move . . Supervisor Desch stated that he would be more supportive of the concept if a new town were being designed . He felt the Town of Ithaca was too diversified to enforce this type of zoning Mr . Gentili noted that his concept of zoning could be compared to a five , six or nine passenger station wagon . Each were built to seat a certain amount of people . Houses are also built to accomodate a certain amount of people . Town Board Minutes - 11 - February 9 , 1981 Councilwoman Raffensperger stated she recognized part of what Mr . Gentili proposal , and that his proposal had not been completely ignored . Janine Mazza stated that she would like the Board to reconsider the number of dogs allowed in a kennel . She felt three dogs were too restrictive . A kennel owner needs a male , female , and best of breed . Sometimes it is necessary to rebuild your line , and , therefore , it becomes necessary to have more dogs . Supervisor Desch asked Mrs . Mazza to write a letter stating the problems that would be encountered by club members if the three dog limit were not raised . Supervisor Desch stated that the public hearing would be adjourned until next month , the regular meeting in March . He felt that final action would be taken by the Board at their April meeting . Councilwoman Kiefer noted that at the last meeting it was - suggested that the word separate be inserted between two and dwelling units on page 4 , section 24 . Town Engineer Fabbroni stated that if you shut a ' . door in a one family house , you could make it a two family house . He felt this was too hard to police . Town Attorney Barney stated that he was not happy with ' the word_ separate being inserted into the ordinance . Councilwoman , Kiefer questioned rigid receptacles on page 28 , section . 6 . r : Town Engineeer Fabbroni stated that this was the only way this section could be enforced . Supervisor Desch asked if rigid containers were included in the residential zones ? Mr . Fabbroni said no , only mutliple residence zones . Councilman Kugler felt that the Town should stick with the wording , then be flexible later if necessary . Councilwoman Kiefer stated that she felt it was silly to put in a section where people are not permitted to use plastic or heavy paper for the garbage . Councilwoman Kiefer stated that she felt an unmarried couple could be penalized under section 27a on page 5 . Mr . Fabbroni felt the Board should make a policy decision on this . RESOLUTION NO . 26 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing on March 9 , 1981 , at 8 : 00 p . m . , at the Town Hall , 126 East Seneca Street , Ithaca , New York to consider the adoption of proposed amendments to the Zoning Ordinance . ( Desch , Raffensperger , Cramer , McPeak , Kugler , Del Rosso , and Kiefer voting Aye . Nays - none ) . 1980 YEAR END BUDGETARY TRANSFERS Supervisor Desch presented the following list of . 1980 year end budgetary transfers for the Boards consideration . Town Board Minutes - 12 - February 9 , 1981 T0: FROM AMOUNT A1010 . 4 Town Board C . E . A1990 . 4 Contingent Account $ 652 . 35 i A1110 . 4. Justices C . E . A199094 Re 1 , 876 . 43 A1220 . 4 Supervisor C . E . A1990 . 4 107 . 77 A1320 . 4 Indept . Auditor C . E . A1990 . 4 200900 A1430 . 4 . iPersonnel C . E . A1990 . 4 33 . 24 A1450 . 1 Election P . S . A1990 . 4 1 , 585 . 20 A1450 . 4 Election C . E . A1990 . 4 6 . 20 E A1620 . 2 Town Hall E . A1990 . 4 538 . 81 A1620 . 2 Town Hall E . A1330 . 1 Receiver of Taxes P . S . 780 . 00 { A1620 . 2 Town Hall E . A1330 . 4 Receiver of Taxes C . E . 563 . 00 A1620 . 2 Town Hall E . A1340 . 2 Budget Off . E . 200 . 00 A1620 . 2 Town Ha11 . E . A1410 . 2 Town Clerk E . 60050 1` A1620 . 2 Town Hall E . A1410 . 4 Town Clerk C . E . 320 . 51 A1620 . 2 Town Hall E . A1430 . 1 Personnel P . S . 238 . 77 A1620 . 2 . Town Hall E . A1440 . 2 Engineering E . 12153035 A1620 . 4 Town Hall C . E . A1440 . 2 . Engineering E . 244 . 65 - A1620 . 4 Town Hall C . E . A1440 . 4 Engineering C . E . 978 . 01 A1620 . 4 Town Hall C . E . A1450 . 2 Elections E . 500 . 00 A1620 . 4 Town Hall C . E . A1620 . 1 Town Hall P . S . - 376 . 50 ` A1620 . 4 Town Hall C . E . A3120 . 1 School Crossing Gd . P . S . 14 . 88 A1620 . 4 Town Hall C . E . A3120 . 4 School Crossing Gd . C . E . 15 . 00 A A1620 . 4 Town Hall C . E . A3510 . 4 Dog Control C . E . 253 . 90 A1620 . 4 Town Hall C . E . A5010 . 4 Hwy . Supt. E . 200000 A1620 . 4 Town Hall C . E . A5630 . 4 Bus Operations C . E . 988 . 98 A1670 . 4 Mailing Account A5630 . 4 Bus Operations C . E . 13, 548900 A1910 . 4 Unallocated Ins . A5630 . 4 Bus Operations C . E . 22075 . 52 A1910 . 4 Unallocated Ins . A7140 . 1 Playgrounds & Recreation P . S . 500000 A1910 . 4 Unallocated Ins . A7140 . 2 Playgrounds & Recreation E . 209 . 41 A1910 . 4 Unallocated Ins . A7320 . 4 Joint Youth & Old Age Projs . C . E2 , 215 . 77 A1910 . 4 Unallocated Ins . A7550 . 4 Celebrations . C . E . 130 . 00 A1910 : 4 Unallocated Ins . A9010 . 8 Emp . Bens . , State Retirement 776930 A1920 . 4 Municipal Dues A9010 . 8 Emp . Bens . , State Retirement 25 . 00 A5010 . 4 Supt . of HighwaysCE A9010 . 8 Emp . Bens . , State Retirement . 65020 A5132 . 2 Highway Garage E . A9010 . 8 Emp . Bens . , State Retirement 1 , 016.. 01 A5132 . 4 Highway Garage C . E . A9010 . 8 Emp . Bens . , State Retirement 2 , 938 . 24 A5132 . 4 Hiqhway Garage C . E . A9030 . 8 Emp . Bens . ; Social Security 749 . 91 A5132 . 4 Highway Garage C . E . A9040 . 8 Emp . Bens . , Workmen ' s Comp . 1 , 256 . 33 A5132 . 4 Highway Garage C. E . A9060 . 8 Emp . Bens . , Health Insurance 11258 . 25 B8020 . 1 Planning P . S . B1990 . 4 Contingent Account 2 , 581 . 34 B8020 . 4 Planning C . E . B1990 . 4 Contingent Account 367 . 33 81420 . 1 Attorney P . S . B199094 Contingent Account 41, 551 . 33 B1420 . 1 Attorney P . S . B8010 . 1 Zoning P . S . 71905 85630 . 4 Bus OperationsC . E . B8010 . 1 Zoning P . S . 388 . 83 85630 . 4 Bus OperationsC . E . 88010 . 2 Zoning E . 91 . 17 B9040 . 8 Emp . Bens . , t{lork . CompB9010 . 8 Emp . Bens . , State Retirement 1 , 182 . 45 DR5112 . 4 Permanent Imprs . C . E . DR5110 . 1 General Repairs P . S . 33, 739 . 29 j - DR2770 Permt . Imprs . Misc . DR5110 . 1 General Repairs P . S . 100000 DR9030 . 8 Emp . Bens . , Soc . Sec . DR9010 . 8 Emp . Bens . , State Retirement 774 . 98 DR906Oe8 Emp . Bens . , H . Ins . DR9010 . 8 Emp . Bens . , State Retirement 27 . 79 DM5130 . 4 Machinery C . E . DM5130 . 1 Machinery P . S . 149 . 45 RESOLUTION NO 27 .Motion by Supervisor Desch ; seconded by Councilman Del Rosso , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the above list of 1980 year end budgetary transfers . ( Desch , Raffensperger , Cramer , McPeak , Kugler , Del Rosso and Kiefer voting Aye . Nays - none ) . VALLEY VIEW ROAD SEWER EXTENSION i Town Board Minutes - 13 - February 9 , 1981 Supervisor Desch stated that the Town was being asked to extend the sewer line to the property at 122 Valley View Road . This will commit the Town only to the level of cost in the original proposal . Money for the project is in the budget . Town Engineer Fabbroni noted that anything in access of $ 5 , 000 would be paid for by the property owner . RESOLUTION NO . 28 Motion by Councilman Del Rosso ; seconded by Councilman Kugler , WHEREAS , ( 1) The Town Board has previously duly approved and es tablished a Town sewer improvement under the title of Sanitary Sewer Extensions : West Haven Road , .Valley View Road and Slaterville Road and operated as a Town wide sewer function , r which improvement included the construction of a sewer line { along the westerly boundary line of Valley View Road , and en - tirely within the Town right - of -way of said road , according to k plans and specifications prepared by Lozier Engineers for -the sewer improvement which were then filed with the Town ; and f ( 2 ) Funds were then available and were appropriated for . . the construction of such sewer improvements at the cost and the unit prices as included in the construction contract signed by j the Town and the Contractor including any amendments thereof , ( 3 ) The line was actually constructed up to about. the south east corner of the premises repudedly of William Tucker on the west side of the road ( 116 Valley View Road) and were not ex - -tended to the property of Lucy King known as 122 Valley View Road , as shown on said plans , . at her request ; and ( 4) Now , however , a contract purchaser of said King premises , with her consent , is applying for the extension northerly of said - line to the said King property , and ( 5 ) There are unexpended funds held by the Town for the construction and extension of the sewer line northerly as stated above , at the unit prices established in the construction con tract entered into between the Town and the Contractor following . the award of the project to said Contractor ; and f ( c ) it will be in the best public interest to extend the sewer line northerly because of poor soil conditions for the maintenance of septic tank systems , IT IS RESOLVED i A . That the existing public sewer line be extended northerly to a point . agreed upon by the Town Engineer and the person or persons having an interest in the property of Lucy King known as 122 Valley. View Road , provided that : a) The Town will provide only such funds as are equiv alent to the cost of constructing said sewer line extension as estimated by the Town Engineer , based upon the original unit prices set forth in the original construction contract - as amended , or $ 5. , 000 . , whichever is less . B . The Town Engineer is authorized to prepare estimates of the cost of the extension ; to obtain proposals from a competent contractor or contractors ; to prepare specifications and a con i tract for the performance of the work with the assistance of the i Town Attorney . Town Board Minutes - 14 - February 9 , 1981 C . The Town Supervisor is authorized to execute any such agreement providing that all funds equivalent to the difference between ( 1) the cost of the construction , based upon the unit prices and other amounts established in the construction contract , entered into .by the Town and the contractor on or about October 30 , 1979 , as awarded and further provided or $ 5 , 000 . , whichever is less , and ( 2 ) the contract price as finely established shall have been made available to the Town , or the Town has received satis - factory assurances that such funds will be available . j D . The Town is under no obligation to undertake the . con - struction of the extension unless the additional funds have been } made available to the Town as above provided to the satisfaction of the Supervisor , the Town Engineer and the Town Attorney and there has been compliance otherwise with this resolution , i E . No public bidding will be necessary unless required- by law . is E ( Desch , Raffensperger , Cramer , McPeak , . Kugler , . Del Rosso and Kiefer voting Aye . Nays - none ) . BOND ANTICIPATION NOTES FOR SECOND SOUTH HILL WATER DISTRICT NOTES # 1 AND # 2 AND CODDINGTON ROAD WATER EXTENSION Supervisor Desch noted that the three bonds are left from the original Bond Anticipation Note , The Bonding Attorney advised the Town to pay them by this system . He stated that he felt the interest would be 9 % on the renewal . RESOLUTION N0 , 29 Motion by Supervisor Desch ; seconded by Councilman Del Rosso , Coddington Road Extension , Town Wide Water RESOLVED , that bond anticipation note #6 heretofore executed by the Town of Ithaca , in the amount of $ 20 , 000 . , pursuant to provisions of the resolution authorizing the construction of a water system to serve the Coddington Road extension to the Town of Ithaca Water System in the Town of Ithaca , Tompkins County , New York shall be renewed at the lawful and most favorable rate of interest which the Chief Fiscal Officer ( Supervisor ) may negotiate , and the Chief Fiscal Officer is hereby authorized to execute such documents and do whatever may be legally required to effect such renewal . This resolution shall not limit in any manner the authority which the Supervisor has to negotiate and issue such renewal pursuant to provisions of applicable law and the resolution by which the Town Board previously delegated to the Chief Fiscal Officer , power to issue Bond Anticipation Notes , nor shall this resolution be deemed an action on the part of the Town Board to reassume authority to issue Bond Anticipation Notes and / or renewals . . Second South Hill Water District ( 1966 ) RESOLVED , that bond anticipation note renewal # 12 heretofore executed by the Town of Ithaca , in the amount of $ 211 , 090 . 00 . , pursuant to provisions of resolution authorizing the construction of a water distribution system in and for Second South Hill Water District ( 1966 ) in the Town of Ithaca , New York , shall be renewed at the lawful and most favorable rate of interest which the Supervisor may negotiate , and the Chief Fiscal Officer ( Supervisor ) is hereby authorized to execute such documents and to do whatever else may be legally required to effect such renewal . This resolution shall not limit in any manner the authority which the Supervisor has to negotiate and issue such renewal pursuant to provisions of applicable law and the Town Board Minutes - 15 - February 9 , 1981 resolution by which the Town Board previously delegated to the Chief Fiscal Officer , power to issue Bond Anticipation Notes , nor shall this resolution be deemed an action on the part of the Town Board to . reassume authority to issue Bond Anticipation Notes and / or renewals . Second South Hill Water District ( Note # 2 ) RESOLVED , that bond anticipation note number 2 , renewal No . 12 , heretofore executed by the Town of Ithaca , in .the amount of $ 163 , 910 . , pursuant to provisions of resolution authorizing construction of a water system to serve 2nd South Hill Water District , Tompkins County , shall be renewed at the lawful and most favorable rate of interest which the Supervisor may negotiate , and the Chief Fiscal Officer ( Supervisor ) is hereby authorized to execute such documents and to do whatever else may be legally required to effect such renewal . This resolution shall not limit in any manner the authority which the Supervisor has to negotiate and issue such renewal pursuant to provisions of applicable law and the resolution by which the Town Board previously - delegated to the Chief Fiscal Officer , power to issue Bond Anticipation Notes , nor shall this resolution .be . deemed an action on the part of the Town Board to reassume authority to issue Bond Anticipation Notes and / or renewals . . ( Desch , Raffensperger , Cramer , McPeak , Kugler , Del Rosso and Kiefer voting Aye . Nays - none ) . TOWN OF ITHACA WARRANTS RESOLUTION 'N0 . 30 Motion by Councilman Del Rosso ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated February 9 , 1981 , in the following amounts : Water and Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 15 , 000 . 21 General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . . . 30 , 876 . 49 General Fund - Outside Village . . . . . . . . . . . . . . . . . . . . . $ 20 , 501 . 24 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . $ 819921 Highway Fund . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . 00 . . . . . . . $ 271287 . 07 Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 231 . 63 Fire Protection Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27 , 000 . 00 ( Desch , Raffensperger , Cramer , McPeak , Kugler , Del Rosso and Kiefer voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION NO . 31 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Bolton Point Warrants dated February 9 , 1981 , in the Operating Account are hereby approved , in the amount of $ 34 , 140 . 99 after review and upon the recommendation of the Southern Cayuga Lake Inter municipal Water Commission they are in order for payment . ( Desch , Raffensperger , Cramer , McPeak , Kugler , Del Rosso and Kiefer voting Aye . Nays - none ) . REPORT OF COUNTY REPRESENTATIVES Beverly Livesay reported that the East Ithaca Bus run expectations were for an average of 250 riders per day . 271 people rode the bus in one day . Town Board Minutes - 16 - February 9 , 1981 Gust Freeman stated that the County Board of Representatives had voted to move the Department of Motor Vehicles to the old Great American Store . Also , the Reconstruction Home had voiced some interest in the old hospital complex . Harris Dates will be reporting more on this subject in April . Councilwoman Kiefer asked about the Town supporting a beverage container deposit resolution . Mrs . Kiefer will prepare said resolution before the next board meeting . DIAZIT COPYING MACHINE Town Engineer . Fabbroni reminded the Board of his request , earlier in : the meeting , to purchase the Diazit Copying Machine . RESOLUTION NO . 32 Motion by Councilman Del Rosso ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes ` the purchase of a Diazit Copying Machine at a cost not to exceed $ 8.100 ( Desch , Raffensperger , Cramer , McPeak , Kugler , Del Rosso , and Kiefer . voting Aye . Nays - none ) . ADJOURNMENT The meeting was duly adjourned . Jean H . Swa twood Town Clerk TOWN OF iTHACA PROPOSED ZONING SCHEDULE ** SITE PLAN APPROVED BY PLANNING BOARD ( ARTICLE XII ) BY SPECIAL PERMIT ONLY (ARTICLE XVl ) SUMMARY OF ZONING ORDINANCE — FOR CONVENIENCE ONLY — NOT OFFICIAL ZONE PERMITTED USES PERMITTED ACCESSORY USES LOT SIZES YARD REQUIREMENTS BUILDING COVERAGE PARKING REQUIREMENTS RESIDENCE SECTION 8 . SECTION 8 . SECTIONS 7 , 8 . ARTICLE IV Min . Area 9 , 000 sq . ft . Front - Average Depth of Adjacent Max . - 25 $ of Lot Area SECTION 5 . SECTION 6 . 60 ' Wide , 150 ' Deep Min . 25 - Not Over 50 , Req d . Dwelling - I - Fam . - Min . 720 sq . ft . SECTION 8 • One and Two Family Dwellings - SEE DIAGRAM BELNW Home Occupation , Professional Office ( par . l ) Side - House 10 ' ; Garage 7 ' ; Acces - - 2 - Fam . - Min . 1200 sq . ft . : Residential Subdivision ( Subdivision Requtat c , s ; " Garage , Storage , or other Accessory Bldg . sory Building 3 1 Unit - Min . 360 sq . ft . i - Family Dwelling - Min . 2 Spaces Cluster Residential Subdivision ( Town Law Sec . � I ; ' '* Household Pets Kennel * Rear - 10 ' ; Accessory Building 3 ' Accessory Building - 40% Rear Yard 2 - Family Dwelling - Min . 4 Spaces Church , Parish House , Convent , etc . * * Horses ( par . 3 ) Hei h Each Unrelated Person - I Space 9 t - Max . 3 stories or 30 ' p --* Public Park or Playground Household Pets in Accessory Bldg . ( par . 7 ) Accessory Bldg . - Max . 22 ' None in Front Yard Except Driveway R15 Public Building for Service , Protection , etc . " Family Garden , Roadside Stand ( par . 4 ) Min . Area 15 , 000 sq . ft . Front - Same as R9 M 150 ' Max . Distance from Dwelling Coif Course ( par . 7 ) Signs ( Town of Ithaca Sign Law ) 100 ' Wide , 150 ' Deep Side - Hse . • 15 ' ; Gar . 10 ' ; Acces . 3 ' Dwelling0andfHeightreaSame as R 5 ' Min . from Lot Line Garden , Nursery , Farm , par . 8 ) Temporary Bidg . - for Residential Dev . ( par . 6 ) Rear - 30 ' ; Accessory Bui ; Ac 3 Home Occupation - I Space Per Employee Additional Uses by Special Permit * g 3 Accessory Building - 40 % Rear Yard Other Permitted Uses - Adequate Parkinq R3 0 Min . Area 30 , 000 sq . ft . Front - Average Depth of Adjacent Max 10$ of Lot Area 150 ' Wide , 200 ' Deep Min . 30 ' - Not Over 60 ' Req ' d . Dwelling and Height - Same as R9 Additional Conditions ( par . 5 ( c ) ) ( If No Public Water or Sewer : Addi - Side - Hse . 40 ' ; Gar . 15 ' ; Acces . 3 ' Accessory Building - 30$ Rear Yard tional Requirements - Health Dept . ) Rear - 50 ' ; Accessory Building 3 ' MULTIPLE SECTIONS 10 , ION . SECTION 10 . SECTIONS IDA , 12 SECTION 12 . SECTION 11 , SECTION Ii . RESIDENCE ul Use Permitted in R9 Zone - Min . 1 Acre Front - Min . 50 ' Buildings , Parking Lots , Driveways - 1 . 5 Spaces Per Dwelling Unit Plus . 5 Multiple dwelling ( Min . 3 Units in Same Bldq . � " Max . 12 Dwelling Units Per Net Acre Side and Rear - Min . 0 ARTICLE V Cluster Rdsidential Subdivision ( Town Law Sec . 31 } * * Same as R 3 ' Max . - 40% of Lot Area Times the Number of 3 - Bedroom Units 9 Min . 3 , 500 sq . ft . Goss Per Unit Distance Between Principal Buildings - Dwelling Unit - Min . Sq . Ft . : None in Front Yard Additional, Uses * _ Recreational Space - Min . 10 , 000 sq . Min . 25 ' or Avg , of Bldg . Heights Studio R-2 Town Board Approval Required to Establish Zone ' " ft . Parcels , 400 sq, ft . Per Unit - 360 2 Bedroom - 600 Min . 30 ' from Any Lot Line Bedroom - 460 3 Bedroom - 720 Height - Same as R9 Additional Conditions ( Sec . II ) MOBILE HOME SECTIONS 14 , 15 . SECTION 14 . SECTIONS 15A , 16 , 17, 18 . SECTIONS 169 18 . SECTIGN 16 . SECTION 16 . RESIDENCE Any Use Permitted in dua Zone - Min . 25 Acres Min . 100 ' from Zone Boundary Max . - 25$ of Lot Area M Mobile Home on Individual Lot - Lot Min , ) 5 , 0 10 sq , ft . 1 Mobile Home on Individual Lot - Mobile Home on individual Lot - Same ARTICLE VI Mobile Home Park * * Same as R30 Mobile Home Park - Mn . 25 Acres Same as R15 Mobile Home - Min . 720 sq . ft . as R15 R Additional Uses * Height - Same as R9 Mobile Home Park - 1 . 5 Spaces Per Max . 8 Mobiles Per let Ac . , 1 Per Lo Mobile Home Park - Town Board Approval Required to Establish Zone Min . Lot 5 , 000 sq . f „ 50 ' Wide Min . 20 ' from Interior Park Road Mobile Home Open Space- Min . 10 , 010 sq . ft . , Min . 10% Min . 30 ' Between Mobile Homes ( Note Additional Site Requirements SECTIONS 20 , 21 . SECTION 20 . Sec . 16 BUSINESS SECTION 23 . SECTION 24 , SECTIONS 20 , 22 . ARTICLE VII Any Use Permitted in R9 and R2 Accessory Buildings - No Outside Storage* * Zone - Min . 1 Acre , Max . 5 Acres Setback : 30 ' from Public Right of Way Max . - 40 % of Lot Area Small - scale Retail Stores , Shops , Markets , Stur , s : * * Signs ( Town of Ithaca Sign Law ) 30 ' from lone Boundary Height - Max . 3 Stories or 30 ' Food General Dry Cleaner Garbage and Waste ( par . 4 ( c ) ) 20 ' Between Buildings Unless Individual Establishment - Max . 2 . 500 Drug Department. Laundry Party Wall or Covered Walk SECTION 22 . a - I Bank Appliance Clothing , shoe Additional Uses * sq . ft . Building - Max . ? , 50o sq . ft . Smoke Hardware Furniture Town Board Approval Required to Establish r 1 Space Per : Craft Tailor Photography Zone ( Sec . 21 ) * * 250 sq . ft . Retail or Office Space , Liquor Florist Barber , Beauty Small - scale Professional or Other Office * * or Service Facility rehousing 1 , 000 sq . ft . Warehousing Mixed Business / Residential Use ( Sec . 20 , par . ! , u ) ) * 3 Seats , or 1Wa Max . Permitted Occu - SECTIONS 20 , 21 . SECTION 20 . Zone - Min . 5 Acres , lax . 25 Acres Setback : panty in Place of Public Assembly 50 ' from Public Right of Way Max . - Same - as 8 - 1 1 Bedroom in Hotel or Motel Any Retail or Office Use Permitted in B - i * * of Light Industrial Zone Height - Same as B - I Off - street Loading Required B ^ Auto , Mobile Home , or Boat Sales , Service and R , � a rt ` 75 ' from Boundaries of No Other Limitations Except Yard Spaces for More than I Use ( par . 3 ( f ) ) "2 Bldg . or Farm Supply , Warehousing ( within ^. Other Zones Requirements Restaurant , Theatre , Skating , Bowling , Dance Same as 0- 1 30 ' Between Buildings Unless Additional Conditions ( par . 3 - 5 ) ) Public Accommodation , e . g . , Hotel , Motel * * m n Party Wall or Covered Walk Additional Business or Light Industrial Uses : * Small - scale Assembly , Repair . Processing , Fabr cation * * LIGHT SECTION 26 . SECTION 26 , SECTION 27 . SECTIONS 27 , 31 , SECTION 28 , SECTION 31 . INDUSTRIAL Research and Development Facilities * } Retail Store - Items Manuf . on Premises * * Zone - Min . 7 Acres Setback : Bldgs . , Materials , Equip , - Max . - 40$ of Lot Area Industrial Uses employing Electric or Motor Power , Office for Permitted Facility* * , i Space Per Employee ARTICLE Vili Machine or Hand Labor for Fabr . , Manuf . , Asse oiy * * Pollution Control Equip , for Permitted Use* 75 � from Residential Zone Height - Max . 3 Stories or 30 ' Adequate Visitor Parking Storage and Loading F 25 from Heavy Industrial Zone 9 g acilities for Product Ware - Installation of Manufacturing Equipment * * 50 i Space Per 250 sq . ft . Retail Space I I housing , Distribution * * Public ' from ROW or Any Othe r Zone + tv * * Guardhouse and Guard Dogs * * 50 further Restricted he Min . 30 ' from Any Lot Line Fire Dept . Freestanding Solar Collector , Windmill , etc . " Accessory Storage Buildings or Areas - Min , from Interior Rd . or Lot line - 25 ' ( S ( Note Performance Standards ( Sec . 29 ) ) Signs ( Town of Ithaca Sign Law ) Off - street Loading Required Additional Light Industrial Business Uses ^ * Outside Storage ( par . 7 ( e ) ) * * Min . between Bldgs . - 25 ' Unless Party Additional Site Requirements ( par . 2 , 4 ) Wall or Covered Walk HEAVY SECTION 33 . SECTION 33 . SECTION 35 , SECTIONS 35 , 38 . SECTION 36 , SECTION 38 . INDUSTRIAL Any Use Permitted in I - I * * Any Accessory Use Permitted in 1 - 1 ** Zone - Min . 15 Acres Setback : 200 ' from Residential , Agri - Same as 1 - 1 Manufacturing , Refining - Food , Textiles , Animal Prod . , Installation of Equipment , Construction of Same as I - 1 ARTICLE IX Wood , Metal , Plastics , Chemical or Stone Prod buildings for Storing or Moving Materials cultural or Institutional Zone Additional Site Requirements ( Sec . 38 ) Automobile Wrecking , Storaqe of Auto Parts , Scr , or Products ** 75 from Business Zone or ROW i , Junk , etc . * * 25 ' from light industrial Zone Additional Heavy Industrial Uses * * �2 As Further Restricted by Fire Dept . ( Note Performance Standards ( Sec .. 37 ) ) Min , from Interior Rd . or Lot Line- 40 ' Min . between Eldgs , - 30 ' Unless Party Wall , Covered Walk or Conveyor Belt BTU RAL SECTIONS 40 , 42 , 43 . SECTION 41 . SECTION 45 . SECTION 045 , SECTION 44 . AlI }� J SECTION 44 . ARTICLE X Farm , Farm- related Activity Kennel Off - street Garage or Parking Facility Same as R30 Front - Average Depth of Adjacent Max . - 10 % of Lot Area Same as R30 Stable , Riding Academy * * Campground ( Sec . 42 , r) ar l ) * Accessory Bldg . for Storage , Keeping Animals , A Agribusiness , Agricultural Research Facility * Home Occupation Min . 30 Dwelling - Same as R30 , One Dwelling I Space Per Employee Public Building for Service , Prote : tion , etc . " Household Pets Side - 40 ' ; Accessory Building 3 ' Per Lot Public or Private Recreational Facility * * Signs ( Town of Ithaca Sign law ) Rear - 50 ' ; Accessory Building 3 ' Height - Max . 3 stories or 30 ' , Silos , 25 Min . Between Buildings Except Barns , etc . May Be Higher Any Use Permitted in R15 or R30 , Except Subdivi . ons Pi Farms , fur - bearinq Animals - Permit ( Sec . 42 , par . 2 ) ( Note Site Plan Review ( Sec . 43 ) ) * * Garages ( Sec . 45 , par . 2 ( d ) ) Fences . Walls ( par . 5 ) INSTITUTIONAL SECTION 47 . SECTION 49 , USE Government Facility * * SECTION 49 .' from Public Right Public School District or BOLES Building Setback : Min , 50 Sufficient for Occupants and ARTICLE XI Any Use Permitted in R15 of Way or Lot Line Visitors * * Once P Zone is Established : ( Note Site Plan Review ( Sec . 48 ) ) * * Min . Distance Between Buildings - 25 ' PCollege , University , Building , Structure , Facility °' * Public Building , Structure , Facility* * SPECIAL FLOOD SECTIONS 56 - 61 . HAZARD AREA Agricultural Use , Excluding Structures Private , Public Recreational Area , Open Space Excluding REODLATIONS FOR OCCUPANT OF ONE AND Tip FAMILY DWELLINGS ARTICLE XII ( Structures IN T$E TOWS of I :YIACA Additional Uses - urt 11 ions , Sec . 57 - 61 * * _ -. - - - NOT[ : The number of unrelated persons sho .ay oce U5?' -- - - uPY a dwelling is strictly _ Shall Obstruct _IOD=Xr�- Flood Drainage System lioited . PIS"* consult the diagrams belor • CONSERVATION StCTIONS 65 , 67 . SECTION 67 , Any Use Permitted in R1 ONE-FAMILY DWXLLINGS : I I AREA y 5 (All Permit Site Plan , and Parking Permitted for Recreation Subdivision Applications for Development Require Areas if No Adverse Environmental ARTICLE XIV Environmental Assessment Form** } Impact DWELLING otREE-OCCQpIEp DWELLING NOT olltElt 000ppIEa D�EyIING oR/EA.00CpPIED p>rEts1NG NOT O'tNEA_OCCOpIED Prohibited : Commercial , Industrial , Logging , Mining Activity , Playground , Campground 1 Family 1 Family UNIT E UNIT A UNIT e Town of Ithaca - Purchase Option for Nature Preserve • 0 R . ( ower.oceupied ) ( Sec . 67 ) 2 ldditioaal 2 Additional j family No More 1 Family 1 Tam11Y Unrelated Persons unrelated Persons Than 22 1 Additional 3 1 Additional 1 Additional unrelated Person Unrelated Persons Unrelated Person Unrelated Person t 2ZGARDLESS OF DUINITION OF "LT TOTAL UNRELATED PlltSMS OUT ROT 9==4 REGUMKJU OF DEFINITION OF FAMILY r:LDLESS OF DEFINITION OF FAMILY 2 /9/81 TOTAL UNRELATED PSR90NS TOTAL UNRELATED PERSONS MAT MT nc� 5 MAY NOT Eza= 4