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HomeMy WebLinkAboutTB Minutes 1984-07-24 TOWN OF ITHACA SPECIAL BOARD MEETING July 24 , 1984 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 6 : 45 P . M . , on the 24th day of July , 1984 , there were : ® PRESENT0 Noel Desch , Supervisor George Kugler , Councilman Shirley Raffensperger , Councilw mn Marc Cramer, Councilman Henry McPeak , Councilman Gloria Howell , Councilwoman Robert Bartholf , Councilman PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . INCREASE IN SALARY FOR PARKS MAINTENANCE EMPLOYEE RESOLUTION N0 , 117 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes and increase in salary from $ 4 . 50 to $ 5 . 00 per hour for Robert Fuchs , a Park Maintenance employee , retroactive to June 13 , 1984 . (Desch , Kugler , Raffensperger , Cramer , McPeak and Howell voting Aye . Nays - none) . WATER BILL REFUNDS RESOLUTION NO , 118 Motion by Councilman Kugler , seconded by Councilwoman Raffenpserger , WHEREAS , Richard Hanzlik paid his water bill on June 16 , 1984 and again on June 18 , 1984 on a Special Water Reading bill , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund of $ 15 . 00 Special Reading Charge , $ 16 . 86 Water , $ 11 . 82 Sewer , $ 2 . 38 Water Surcharge and $ 4 . 91 Penalty ® for a total of $53 . 97 be paid to Richard Hanzlik , 111 Pineview Terrace , Ithaca , New York , Account Number 164-0121223 . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Howell voting Aye . Nays - none) . RESOLUTION NO , 119 Motion by Councilwoman Raffensperger ; seconded by Councilman Kugler , 9ZZ Town Board 2 July 24 , 1984 WHEREAS , Richard Stumbar paid his water bill on June 13 , 1984 and again on July 11 , 1984 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund of $31 . 43 Water , $ 3 . 77 Water Surcharge , $ 18 . 84 Sewer and $ 5 . 40 Penalty for a total of $ 59 . 44 be paid to Richard Stumbar , 1532 Slaterville Road , Ithaca , New York , Account Number 170-0158186 . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Howell voting Aye . Nays - none) . ® RESOLUTION NO . 120 Motion by Supervisor Desch ; seconded by Councilman McPeak , WHEREAS , James Morris paid his June water bill on July 11 , 1984 and again on July 12 , 1984 on a Special Reading Water bill , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund of $ 18 . 58 Water , $ . 93 Water Surcharge , $ 11 . 04 Sewer and $ 3 . 05 Penalty for a total of $33 . 60 be paid to James Morris , 1121 Trumansburg Road , Ithaca , New York , Account Number 163 -0111902 . (Desch , Kugler , Raffensperger , Cramer , McPeak and Howell voting Aye . Nays - none) . RESOLUTION NO . 121 Motion by Councilman McPeak ; seconded by Councilman Kugler , WHEREAS , an error was made on the Special Reading Water bill of James W . Burns , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund of $ 2 . 12 be paid to James W . Burns , 137 Judd Falls Road , Ithaca , New York , Account Number 191-0000333 . (Desch , Kugler , Raffensperger , Cramer , McPeak and Howell voting Aye . Nays - none) . ADOPT BOND RESOLUTION - WATER/SEWER PROJECT Supervisor Desch stated that no action would be taken on this item tonight as the material has yet to arrive . APPROVE FIRE CONTRACT Supervisor Desch stated that no action would be taken on this item ® tonight as the reply from the City has not been forthcoming . SET DATE FOR PUBLIC HEARING TO RAISE INSPECTION FEE SCHEDULE Supervisor Desch handed out the current Building Permit Fees with increases in the fee shown by 2X and 3X . VALUE OF IMPROVEMENT FEE 2X 3X $ 1 - $ 5 , 000 $ 2 . 50 $ 5 . 00 $ 7 . 50 87Z Town Board 3 July 24 , 1984 51001 - 10 , 000 5 . 00 10000 15 . 00 10 , 001 - 20 , 000 10000 20 . 00 30 . 00 20 , 001 - 30 , 000 15 . 00 30 . 00 45 . 00 30 , 001 - 40 , 000 20900 40 . 00 60 . 00 40 , 001 - 50 , 000 25 . 00 50 . 00 75 . 00 50 , 001 - 100 , 000 50 . 00 100000 150 . 00 100 , 001 - 500 , 000 75 . 00 150 . 00 225 . 00 500 , 001 - 11000 , 000 100000 200 . 00 300 . 00 11000 , 001 & Over 150 . 00 300 . 00 450 . 00 The Supervisor went on to say that the Town of Ulysses set their fees at 2X . He stated that he felt 2X was a reasonable figure as the people also have to pay for a water tap permit . We can look at ® the fee structure again in two years . RESOLUTION NO . 122 Motion by Supervisor Desch , seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing to consider an increase in the Building Permit Fee , schedule as shown , at 7 : 30 P . M . , on August 13 , 1984 . (Desch , Kugler , Raffensperger , Cramer , McPeak and Howell voting Aye . Nays - none) . Supervisor Desch stated that we have three items left , a public hearing at 7 : 00 P . M . , to consider a local law on Mixed Use District . The second matter is to create the Special Land Use District on "La Tourelle " and then at 7 : 30 P .M . , a public hearing to modify the Lucente hearing . He went on to say that the Board had not had an opportunity to see the "La Tourelle " proposal , therefore , he was suggesting that a public hearing be held at noon on August 1 . RESOLUTION NO . 123 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at noon on August 1 , 1984 , to consider the adoption of the enactment of a local law to amend the Zoning Ordinance to permit erection and operation of an 80 unit motel ( to be used as a Bed and Breakfast Inn) on the property of Walter J . and Joyce Wiggins , Parcel Number 6 -36-1 -4 . 2 , consisting of about 20 acres on west side of the Ithaca-Darby Highway (Route 96B ) . The Proposed rezoning will permit the establishment of a Special Land Use District which will contain uses and restrictions governing locale , construction and use of the premises . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Howell voting Aye . Nays - none) , Councilwoman Raffensperger asked what was the difference between a hotel , motel , bed and breakfast , an old house type now turned into ® a hotel-motel ? Supervisor Desch answered in one really , a motel has a restaurant . Town Attorney Buyoucos stated that he was not sure of the meaning . The house that houses Turback ' s Restaurant is a bed and breakfast type house . Councilwoman Raffensperger noted that Mrs . Margaret Rumsey had come to the Planning Board with a bed and breakfast proposal . ON Town Board 4 July 24 , 1984 The Town Board reviewed the following proposed resolution on the Wiggins property . WHEREAS : 1 . The Planning Board has extensively reviewed the proposed "La Tourelle" development of Walter J . and Joyce Wiggins at public hearings duly and properly held during the Winter and Spring of 1984 , and 2 . On June 5 , 1984 , the project was granted Final Site Plan Approval by the Planning Board , and ® 3 . All necessary environmental reviews have been completed , after which it was determined that the project would have no significant impact on the environment , and 4 . The Planning Board has determined that : a) There is a need for the proposed use in the proposed location . b) The existing and probable future character of the neighborhood will not be adversely affected . c) The proposed change is in accordance with a ccrrprehensive plan of development in the Town , and 5 . The Planning Board has recommended that the Zoning Ordinance be amended to permit this development as proposed and reviewed , THEREFORE , IT IS RESOLVED : 1 . That Article II , Section 1 , of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said Section a district designated as " Special Land Use District # 1 " , and 2 . In the event that the Town should further amend the Zoning Ordinance by adding to the list of permitted Districts a Special Limited Mixed Use District , the District described by this Local Law shall be designated as such a Mixed Use District . 3 . The uses permitted in this Special Land Use District are : a ) Any use permitted in a Residential District R15 . b) The operation of a hotel or motel with site plan approval by the Planning Board . c) The existing construction and use of that portion of the premises now used and occupied as the L ' Auberge du Cochon Rouge restaurant and the Barn Apartments as shown on the final site plans and/or the survey map of "A Portion of the Lands of Walter and Joyce Wiggins " , dated July 3 , 1984 . ® 4 . This Special Land use District includes all lot and area requirements of Residence District R15 except as modified below : a ) Side Yards : may not be less than 30 feet . b) Space between Buildings * the distance between any two structures shall be no less than the average height of both , except that a shorter distance may be allowed if the resulting space is to be used and maintained as a fire lane . � � 7 Town Board 5 July 24 , 1984 c) Height : no structure shall be greater than 55 feet from the lowest point at grade to the highest point on the roof line , and d) Storeys : no more than two storeys , however , as many as four dwelling units may be constructed in the basement of the first phase of the development . 5 . Notwithstanding the provisions of Section 3 , above , the following particular covenants and restrictions shall govern the use of the lands in this Special Land Use District # 1 , otherwise known as "La Tourelle , A Bed and Breakfast Inn" . ® A. The only new construction and use permitted in the above District shall be a hotel or inn containing no more than 80 units for guests . Such hotel or inn may be constructed in phases , the f irst phase shall have no more than 24 units for guests and one unit for the manager ' s quarters . B . The exterior design , specifications , and plans for the buildings and other improvements to be constructed on the premises and the development of the grounds and construction of all outside facilities including lighting and signs shall be limited to those shown on the final site plan approved by the Planning Board , June 5 , 1984 , and on other designs , architect ' s drawings , plans , and other documents submitted to the Planning Board , and shall be in . accordance with all such documents . C . An additional building permit is required for the construction of signs and outdoor lighting facilities . Such permit shall not be issued until the Planning Board has approved the design and specifications therefore . D . No cooking operations or facilities shall be permitted in the hotel , except that a continental breakfast , solely for guests of the hotel , may be served daily . E . No portion of the outside area of the Special Land Use District shall be used for the service of food or beverages , nor any public assembly , nor dancing or musical activities , except as follows : ( 1 ) Subject to obtaining a Special Permit from the Planning Board , portions of the area to the south of La Tourelle and west of L ' Auberge may be used for limited , temporary , or occasional serving of food and beverages for special occasions , such as weddings . F . All ambient noise associated with the use of this property shall be regulated by Article VIII , Section 42 of the Zoning Ordinance , G . Ingress and egress shall be through the driveway leading from State Highway Route 96B past the restaurant as shown on the final site plan and Survey map dated July 3 , 1984 . ® H . All construction must conply with all applicable laws , codes , ordinances , rules and regulations . I . These covenants may be enforced by the owner of any land lying within 500 feet of the boundaries of this district , and/or by the Town of Ithaca . J . The above restrictive covenants shall run with the land and shall be incorporated in a document which shall be signed by the Owner and recorded in the Tompkins County Clerk ' s Office . No Town Board 6 July 24 , 1984 portion of the building shall be occupied or otherwise used unless a valid Certificate of Occupancy has been issued . 6 . This Special Land Use District # 1 be added and hereby is added to the Official Zoning Map of the Town of Ithaca at the location given in Schedule A . Referring to Section 5A - , Mr . Wiggins stated that he could not see putting in a number , as there may be more or less units cone spring when we decide for sure . a Town Planner Lovi responded that the Planning Board approved the ® first phase with the figure of 24 units . They would need to look at any changes you might make in that figure . Mr . Wiggins , referring to Section 5 E , went on to say that he felt it was impractical rationale on the part of the Planning Board to require him to go before them for a permit to allow a wedding to take place on his property . Section 5F would take care of this . Town Attorney Buyoucos stated this issue was discussed by the Committee , they did not contemplate any outside functions . Mr . Wiggins responded that he felt there must be a simpler way to get a permit . Supervisor Desch asked Mr . Wiggins what functions other than wedding receptions , did he think there would be ? Mr . Wiggins replied , on a day like today , we might want to have a cocktail party on the terrace . Councilwoman Raffensperger asked how far from the terrace is the Parkin house ? Supervisor Desch responded , about 500 feet , according to the plans . Mr . Wiggins added , its north of the east-west wing . Town Attorney Buyoucos stated that he did not think the Town Clerk needed another job , issuing a permit . Mr . Wiggins said people will come and stay at the Bed and Breakfast Inn , stay for a wedding reception then leave the next day . Town Attorney Buyoucos stated that he felt someone on the Board should go up and look at the property . Councilman Kugler agreed to go . Town Attorney Buyoucos asked what is ambient noise . Town Planner Lovi responded , background noise . Attorney Buyoucos added , dull roar of a cocktail party . ® Councilman McPeak stated that he felt a rock and roll band was more than ambient . Town Attorney Buyoucos asked Mr . Wiggins when he expected to conunence building . Mr . Wiggins responded , we were supposed to start this summer , now we can ' t begin until next spring . It should take ten months to build . 9 ) 7 Town Board 7 July 24 , 1984 Councilwoman Raffensperger asked if the Codes & Committee had reviewed the proposed resolution ? Councilman Cramer answered , not in this form . Supervisor Desch added , the questions really is do we get the new Zoning Ordinance adopted or amend the old Zoning Ordinance . He went on to say that he would suggest the hearing be adjourned until August 1st . RESOLUTION NO . 124 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 at 12 : 15 P . M . , on August 1 , 1984 , to consider the enactment of a local law amending the Zoning Ordinance to create a Special Land Use District to permit erection and operation of an 80 unit motel ( to be used as a Bed and Breakfast Inn ) on the property of Walter J . and Joyce Wiggins (Parcel No . 6 -36 -1 -4 . 2 ) consisting of about 20 acres on the West side of the Ithaca-Danby Highway . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Howell voting Aye . Nays - none ) . Town Attorney Buyoucos stated that if there was any part of the resolution that bothers the Town Board members , they should let Peter or himself know immediately . No application will be presented to the Planning Board until it has been referred to them by the Town Board . This way we will be flexible , so that the Town Board will have the initial say without being bound . Town Planner Lovi noted that the Town Board would be lead agency . PUBLIC HEARING TO CONSIDER THE ADOPTION OF A LOCAL LAW TO REVISE THE ZONING ORDINANCE TO PERMIT 14 EXISTING BUILDINGS LOCATED AT 108 THROUGH 230 SAPSUCKER WOODS ROAD , TO BE CONVE= Proof of posting and publication notice of a Public Hearing to consider the adoption of a local law to revise the Zoning Ordinance to permit 14 existing buildings located at 108 through 230 Sapsucker Woods Road , Parcels No . 6 -70 -10-3 . 12 through 6-70 -10-3 . 25 to be modified to permit the conversion of each existing building to no more than 4 dwelling units having been presented by the Town Clerk , the Supervisor opened the public hearing . The Town Board went through the July 20th draft of the proposed resolution on the Lucente project . RESOLVED . That the Town Board of the Town of Ithaca enact and hereby does enact this Local Law to amend the Zoning Ordinance of the Town of ® Ithaca to permit the 14 existing buildings located at 108 through 230 Sapsucker Woods Road , Town of Ithaca Tax Parcels No . 6 -70-10 -3 . 12 through 6-70-10 -3 . 25 , awned by Rocco Lucente and more particularly described in Schedule A of this Resolution , to be modified to permit the conversion of each existing building to no more than four ( 4 ) dwelling units subject to the following terms and condition : 1 . ZONE DESIGNATION OF AREA tly �s 6 Town Board 8 July 24 , 1984 i The area covered by this Local Law shall remain Residence District R15 and all provisions of the Town Zoning Ordinance , as amended , shall govern , except as otherwise modified by this resolution or any law or ordinance adopted pursuant thereto . 2 . CONVERSION OF DWELLING UNITS Each of the 14 buildings may be converted into no more than four ( 4 ) dwelling units , consisting specifically of two ( 2 ) , two-bedroom dwelling units and two ( 2 ) , one-bedroom dwelling units , as more particularly shown on the final building plan and final site plan approved by the Planning Board and subject to any other requirements of the Planning Board , and the Town Board . ® 3 . CONVERSION PERIOD A. The conversion of the 14 structures must be completed within five ( 5 ) year of the adoption of this Local Law . Any structure which has not been converted within this five ( 5 ) year period may not be later converted or remodelled to contain more than two ( 2 ) dwelling units and the present owner , Rocco Lucente , or any of his successors , distributees , assigns , or other transferees , shall have waived and surrendered any prior right to rent such building to a greater number of occupants , including unrelated occupants , than is allowed in a Residence District R15 for two ( 2 ) family houses , under the current provisions of the Town Zoning Ordinance as of the date of the adoption of this Local Law , B . The process of conversion shall be planned so that there shall be no more than four ( 4 ) structures unconpleted at any time , except that the planting of trees and shrubbery on any lot may be Postponed to a more favorable season , but no more than twelve ( 12 ) months after completion of the conversion . 4 . OCCUPANCY RESTRICTIONS A . Except as stated in paragraph 3A , occupancy of each of the two (2 ) one-bedroom dwelling units in any converted structure shall be limited to one household ( or family) , which is defined either as , ' any number of persons related by blood or marriage , including adopted children ' , or ' no more than two unrelated persons occupying a single dwelling unit . ' B . Except as stated in Paragraph 3A , each of the two ( 2 ) two-bedroom dwelling units in any converted structure shall be occupied by no more than one household or family , as described above , plus one unrelated person . C . After the conversions , remodelling , or modification of any such structure has begun pursuant to a valid building permit , the structure shall not be occupied or leased other than in conformance With the requirements of this Resolution . 5 . CONVERSION INTO LESS THAN FOUR UNITS ® In the event any structure is , at any time , converted to less than four dwelling units , the conversion shall be final , and any such structure shall thereafter contain no more than such lesser number of units into which the building was converted and the number of such dwelling units in such structure shall not be thereafter increased . For example , any structure converted into 3 or 1 dwelling units shall thereafter continue to be used and occupied only as a 3 or a 2 dwelling unit structure , as the case might be . 6 . DESTRUCTION OF BUILDING Town Board 9 July 24 , 1984 If any converted building is partially or substantially destroyed or damaged by fire or other " act of God " , the owner may rebuild a structure of similar design and dimensions , having no more than the number of dwelling units it contained prior to such damage or destruction . 7 . OWNER OCCUPANCY At least one dwelling unit in each of the structures , after any conversion as provided herein , or after a sale or other transfer of title by Rocco Lucente or his executors or administrators , shall be owner-occupied ; such owner , however , must qualify as a household ( or family ) as defined herein . If any such structure is sold or ® title is otherwise transferred by Rocco Lucente , such new owner or transferee of title must occupy at least one dwelling unit in any such structure within 13 months of acquiring title , otherwise the structure may be occupied only as permitted by the regulations of a Residential District R15 for a two-family dwelling as if this amendment to the Zoning Ordinance had not been adopted . 8 . PARKING A . Parking of automobiles may be permitted in the front yard in areas designated therefore . Be The number of automobiles and the spaces which shall be provided for each building shall be six ( 6 ) , 2 of which shall be in an enclosed garage and four ( 4 ) of which shall be parked in the front yard . No more than one automobile shall be parked in each space . C . The location and materials of each parking space and driveway shall be located and constructed in accordance with the requirements of the Town Planning Board as shown on the final , approved site plan , or as otherwise provided by the Planning Board , D . Parking spaces and driveways must be maintained in good repair and neat condition at all times . 9 . RESTRICTIVE COVENANTS AND OCCUPANCY A . No building shall hereafter be occupied by any occupant either as an owner , or his household or family or his lessee , until 1 . A document contining restrictive covenants substantially as provided herein and containing such additional provision as may be reasonably required to carry out the purposes of this law shall have been signed and acknowledged by the present owner , Rocco Lucente , and recorded in the Tompkins County Clerk ' s Office . 2 . A Certificate of Occupancy has been issed by the Town for each dwelling unit in the structure . Be Such covenants and restrictions shall run with the land ® and may be enforced by any one or more of the following : 1 . The Town Board , 2 . Any owner of any of the lots ( 2-15 ) covered by this law. C . The restrictive covenants and all other provisions of this law shall bind Rocco Lucente , his heirs , distributees , successors , and assigns or any other person who may now have an interest in the title to the land . 7 � � Town Board 10 July 24 , 1984 10 . INVALIDITY AND SEVERABILITY In the event that any protion of this law is declared invalid by a court of competent jurisdiction , the validity of the remaining portions shall not be affected by such declaration of invalidity . 11 . DEFINITIONS The words " structure " and "building" may be used interchangably . 12 . ENFORCEMENT The Town reserves for itself , its agencies , and all other persons ® having an interest , all remedies and rights , to enforce the provisions of this law , including , without limitation , actions for an injunction or other equitable remedy , or action and damages , in the event the owner of any of the parcels covered by this law fails to comply with any of the provisions thereof . Supervisor Desch stated that numbers 4 and 5 had been changed since the last draft . Councilwoman Raffensperger ' s written comments , as requested , on the Lucente draft were distributed to the Board members . # 4 , #5 - is occupancy SAME for one and two bedroom units ? # 8 - "must be occupied within 13 months . . " - for has long ?--continuously , intermittently , thereafter ? # 10 - " front yard " - does present situation make it necessary to have parking within front yard , as defined in Zoning Ordinance ? Adjoining landowners may not have such parking . Her memo went on stating that she assumed that : 1 ) If a building should be converted to a one or two-family unit ( s) , the owner-occupancy and general occupancy requirements in the draft would not be applicable but that the Zoning Ordinance regulations would apply . 2 ) There is , embedded in these regulations , something that assures against the possiblility of some percentage being converted as described in draft but there remaining some percentage left as of now with occupancy as permitted now . Town Attorney Buyoucos stated that we have provisions in the Zoning Ordinance that if the first floor is occupied by the owner , then only so many unrelated persons can occupy the second floor . Councilwoman Raffensperger stated that she did not understand owner occupied in this document . Supervisor Desch responded , same as general terms in the current Zoning Ordinance . Councilwoman Raffensperger questioned the owner occupancy , suppose ® an owner occupies the dwelling for one year then moves but still owns the property . Town Attorney Buyoucos responded , we don ' t have legal chains or metal chains to keep the owner there . We can ' t force people to say in some place . Town Planner Lovi noted that the above draft allows five years to convert the units , at the end of the five years all units not converted revert to one and two family houses . � � Z Town Board 11 July 24 , 1984 Councilwoman Raffensperger asked what would happen if the buildings were converted and not sold . Town Planner Lovi responded , that is why owner occupancy is so important . As the Board had more concerns regarding the rezoning for the Lucente project , it was decided that the public hearing should be adjourned . RESOLUPION NO . 125 Motion by Supervisor Desch ; seconded by Councilman McPeak , ® RESOLVED , that the Town Board of the Town of Ithaca will meet at 12 : 30 P . M . , on August 1 , 1984 , to consider the adoption of a Local Law to revise the Zoning Ordinance to permit 14 existing buildings located at 108 through 230 Sapsucker Woods Road , Parcels No . 6 -70 -10-3 . 12. through 6 -70 -10 -3 . 25 to be modified to permit the conversion of each existing building to no more than 4 dwelling units . (Desch , Kugler , Raffensperger , Cramer , McPeak and Howell voting Aye . Nays - none) . ADJOURZ= The meeting was duly adjourned . Dian Glerk 9VZ