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HomeMy WebLinkAboutTB Minutes 1983-06-21 TOWN OF ITHACA SPECIAL BOARD MEETING June 21 , 1983 At a Special 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 7 : 00 PoMer on the 21st day of June , 1983 , there were : PRESENT : Noel Desch , Supervisor ® George Kugler , Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman Henry McPeak , Councilman Dooley Kiefer , Councilwoman David Jennings , Councilman ALSO PRESENT % Peter Lovi , Town Planner Lawrence Fabbroni , Town Engineer Representatives of the Media : J . C . McKinley , WTKO PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . PREPARATION OF DEIS ON BURNS ROAD PROJECT Supervisor Desch stated that the staff was seeking direction , from the Board , to draft an Environmental Impact Statement for the approaches for the new bridge on Burns Road , to be constructed in 1984 or 1985 . An Environmental Assessment Form ( EAF ) for the proposal was handed out . Town Engineer Fabbroni remarked that the section we are talking about now belongs to the City of Ithaca . Supervisor Desch asked if the section includes the intersection with Route 79 ? Town Planner Lovi responded , the way I see the area , it does include the intersection . ® Councilwoman Raffensperger referred to page 1 , # 4 of the EAF , and stated that she had received a call from County Representative Beverly Livesay asking from where the Town had received the information that the bridge was ® structurally unsound . The Town Engineer responded that he had received the information from the State DOT . He went on to say that he hadn ' t seen the report , only talked to them . Supervisor Desch added , that by looking at the bridge , you can tell it ' s clearly very weak . Supervisor Desch asked the staff to comment on the " yes " answers on the EAF . Mr . Lovi noted that # 34 on the Environmental Assessment Form was marked " yes " . This section is a description of vegetation , and he commented that there is every type of vegetation cover present except crops . Town Board Minutes - 2 - June 21 , 1983 Town Fngineer Fabbroni noted that the woods on the south side were not a healthy growth of trees . Councilman Kugler remarked that this was sort of a waste land except for the grove of trees . Councilwoman Kiefer questioned numbers 20 and 31 being marked " no " , and asked isn ' t the project area " adjacent to " a wetland or floodplain ? Mr . Lovi responded this area will not be harmed as a wet ® land and we are not modifying it so we won ' t need a permit from DEC . ® Supervisor Desch remarked that what were wetlands was filled in by the City . Peter Lovi remarked that the area is now a deposit area for silt from the silt dam . Supervisor Desch noted that the area was not flooded in 1981 . Mr . Lovi state that ordinarly when you are discussing a project and specifically numbers 20 and 31 you are talking about modifications that need DEC approval and permits , however , in this instance it is not this type of action . Councilwoman Kiefer said that , based on these comments , # 20 should be " yes " but # 31 could be " no " . Supervisor Desch remarked that the Town Board could accept the EAF ; and that it is clear , since this project involves a highway , that we are talking about a Type I action , so that preparation of an Environmental Impact Statement ( EIS ) is necessary . Councilwoman Kiefer asked about a " no " on number 35 ( " vegetation management techniques " being practiced . She stated that she thought the response should be If not " no " as there must be mowing and spraying in this area . RESOLUTION NO . 80 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca as lead agency , hereby directs the Town staff to prepare an ® Environmental Impact Statement for the approaches for the new bridge to be constructed on Burns Road , and FURTHER BE IT RESOLVED , that the answer to number 35 on the ® Environmental Assessment Form be changed from a " no " answer to a yes " answer . Councilwoman Raffensperger asked if there was indications from the City that they are serious about accomplishing this project . Supervisor Desch said he thought so . Councilwoman Kiefer asked if it were really necessary to direct staff to do an EIS - isn ' t this routine for a Type I action ? E . g . , did we direct staff to do an EAF ? Supervisor Desch said it may not be necessary , but this will si-to%,r we ' re moving along and want staff to put in the needed Lime . and-� Clay Town Board Minutes - 3 - June 21 , 1983 Councilwoman Kiefer referring to # 40 and # 41 ( birds and wildlife ) , asked Mr . Lovi if he had asked anyone about birds that use the area ? Mr . Lovi responded that he had not , but would know the answer when the Environmental Impact Statement is completed . INTERSECTION - BURNS ROAD AND ROUTE 79 ® RESOLUTION NO . 81 Motion by Supervisor Desch ; seconded by Councilman Cramer , ® RESOLVED , that the Town Board of the Town of Ithaca hereby directs the Town staff to encorporate Environmental Assessment of the Intersection with Route 79 and Burns Road in the DEIS for the Burns Road Project . ( Desch , Kugler , Raffensperger , Cramer , MCPeak , Kiefer and Jennings voting Aye . Nays - none ) . . EASEMENT - 163 PEARSALL PLACE Supervisor Desch stated that the Town had been asked to grant a permanent easement for the benefit of the property at 163 Pearsall Place for an access driveway over land previously granted the Town for access for water improvements . He went on to say that both he and the Town Engineer were comfortable with the easement and felt that it was not giving anything away . RESOLUTION NO . 82 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLUTION , granting easement for ingress and egress for persons and vehicles to and from 163 Pearsall Place over the parcel conveyed by Therm Electric Meters Company , Inc . , to the Town of Ithaca by deed dated July 7 , 1954 recorded in Liber 369 of Deeds at page 315 used in connection with water improvement and pump station in this portion of the Town of Ithaca , and Provisions will be made for limiting the use to the occupancy and the dwelling as now constructed ; the owners of 163 Pearsall Place will be liable for any damage caused to the `town premises and to the facilities thereon resulting from the negligence or any act of the owners : The buyers agree to save and hold harmless the Town of Ithaca , its ® agents , servants , employees , contractors and so forth from any and all damages or liability which the Town may incur because of any act or negligence of the grantees of the easement , including reasonable attorneys ' fees ; the grantees will provide such insurance as may be required by the Town indemnifying the Town against any such liability ; the grantees will pay to the Town all necessary expenses incurred in connection with the granting of this easement including cost of publication of notice , and Notwithstanding the foregoing provisions it is understood that the final form of the easement shall be such as will have been approved by the Town Engineer , the Town Attorney , and the Town Supervisor and will contain such provisions as they may have determined should be included , and Town Board Minutes - 4 - June 21 , 1983 The Town Board is authorized to execute the deed. This resolution , however , is subject to a permissive referendum and the deed conveying title shall not be delivered until the Town Attorney has determined that no petition for a referendum has been filed , and This easement shall also be subject to approval by the Southern Cayuga Lake Intermunicipal Water Commission . Councilman McPeak asked if this was just a driveway access ? ® Supervisor Desch responded yes . Councilman Kugler remarked which probably the adjourning property owner has been using all along . Supervisor Desch pointed out that the easement was without time limit . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . Supervisor Desch reminded Board members of the Planning Board meeting on Eastern Heights Park development which will follow immediately after this meeting . ADJOURNMENT The meeting was duly adjourned . To Clerk