HomeMy WebLinkAboutTB Minutes 1987-01-27 TOWN OF ITHACA
SPECIAL BOARD MEETING
January 27 , 1987
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 12 : 15 P .M . , on the 27th day of
January , 1987 , there were :
PRESENT : Noel Desch , Supervisor
Henry McPeak , Councilman
Shirley Raffensperger , Councilwoman
Marc Cramer , Councilman
Gloria Howell , Councilwoman
Robert Bartholf , Councilman
Patricia Leary , Councilwoman
ALSO PRESENT : Robert Flumerfelt , Town Engineer
Robert Parkin , Highway Superintendent
Susan Beeners , Town Planner
Paul Tavelli , Attorney
PLEDGE OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance .
CONSIDER LOCAL LAW ON THE REZONING OF A PORTION OF THE LANDS OF
PAUL A . JACOBS , LOCATED AT 136-146 FIVE MILE DRIVE FROM RESIDENCE
R-30 DISTRICT TO RESIDENCE R-5 DISTRICT
I
Paul Tavelli , Attorney for the neighbors opposed to the rezoning
stated that he did not have time to prepare for the meeting because
he only heard about it two hours ago . He stated that he thought
they would have gotten sane notice of scene kind by a miracle we
have gotten our hydrologist here but we thought there was going to
be reports filed , she was going to have an opportunity to review
them and then we were going to have an opportunity for some
meaningful dialogue . I 'm handed now a report of three or four
pages long that I can give to my engineer but that isn ' t really
much meaningful dialogue . When we get notice at ten o ' clock , I
don ' t know when it went into the paper but I ' d hoped some letter
could have at least been sent to Bill Seldin or myself so we could
have had our ducks in line . The other problem I ' ve got , and I
talked to Councilman Bartholf about it , he wasn ' t present at the
last meeting , he hasn ' t heard our hydrologist , apparently he saw a
little of it on television but I don ' t know if that is enough for
him to make an informed decision on this thing either . So I have
• sane procedural problems with your taking a vote today when we hear
about the thing two hours ago . I just don ' t think it ' s fair .
Supervisor Desch responded it ' s up to the Board whether or not we
take a vote . However , I understand there is new information which
none of us have heard yet which we would like to be able to
receive .
Attorney Tavelli stated that we would like an opportunity to rebut
too .
Town Board 2 January 27 , 1987
Supervisor Desch stated that he had one question for the Board , to
be answered after hearing from the folks present , and that is
whether or not the timing of the vote should be at the February 9th
meeting which would almost seem to give enough time for whatever
comments people would like to make about the additional information
and that ' s about two weeks away so that would seem to be one
approach that might be acceptable to both sides .
Don Josselyn remarked that it certainly would be much fairer then
having a meeting like today , I ' ve been on the telephone for two
hours for trying to get people here .
Supervisor Desch asked if all agreed that this proposal will be an
• agenda item for the February 9th meeting , this way you can pass the
word and not have to wait for a notice or wonder what ' s having .
The Supervisor then suggested that this item come up at 7 : 15 P .M .
He reminded all present that this would not be a public hearing as
the hearing has already been closed , but we will be delighted to
hear your comments .
William Albern , Engineer for Mr . Jacobs stated that as you know , I
did not have any argument with the consultant regarding the well
system . At the same time , driving hone after the last meeting it
suddenly dawned on me we have two wells and we can make our own
tests , we don ' t have to go out and drill expensive wells . So I
asked the owner to have the well driller who drilled some wells ,
present at the meeting . I 'm going to ask him Mr . Roger Howell to
address you . The information that I passed on to Ms . Beeners did
not have Mr . Howell ' s name on the document . I would like him,
therefore , to acknowledge that this is his document . Basically ,
what Mr . Howell did was to go out and check the original well and
check the draw down in the new well . The original well is a
minimum of 300 ' from the nearest property line so you need not
drill a well closer than 300 ' to the well that was tested . The
well where the draw down was tested was actually 340 ' away , 40 '
should not make any significant difference . Mr . Albern then asked
Mr . Howell to discuss what he had done out there and what was his
philosophy in light of the existence of the bed of gravel .
Mr . Howell stated that he had pumped the well at a little over 12
gallons a minute . He pumped it for 72 hours and it dropped a
little over 71 . After we got through pumping it we shut the pump
off and in 60 seconds the well was back to it ' s original setting .
Mr . Albern asked if the 7 ' was after the first half hour , correct?
Mr . Howell responded , right .
Mr . Albern then asked , after the half hour how far did it go down
after that?
Mr . Howell responded , two inches , and then it stayed there .
Mr . Albern asked if this was the typical quanity of water you
expect to find in that area?
Mr . Howell responded , if you are down in the gravel , sure .
Councilman Cramer asked Mr . Albern about the document that is
amended to his report . Is this the document you are attesting is
from Mr . Howell ?
Mr . Albern responded , that ' s correct .
Mr . Howell stated that it was his document ,
Town Board 3 January 27 , 1987
Supervisor Desch stated that he would like to ask Mr . Howell a
question . There has been quite a bit of discussion in this whole
subject about a pattern of poor wells in the larger area . The
pattern seems to focus more on the strip along Elmira Road then it
does over in the Seven Mile Drive area . From your experience and
knowledge of well drilling in that area , are we talking about a
different geologic situation , from your perspective , along Elmira
Road then we are on Seven Mile Drive ?
Mr . Howell responded , it depends on how far back from the gravel
you drill , the further up the hill you go the closer the rock is
You get in rock you don ' t get the water you get in gravel .
• Supervisor Desch asked , take a strip of property centering on
Elmira Road , say 200 ' wide on each side , are you likely to drill a
well that has pretty good water along Elmira Road or marginal ?
Mr . Howell responded , real good water , real good water , but you
have to get down in the gravel , you have to go down a couple
hundred feet .
Supervisor Desch remarked , so basically then the acquifer we are
seeing on Seven Mile Drive is the same acquifer .
Mr . Howell responded , that is correct .
Councilwoman Raffensperger asked , then why are the properties along
Elmira Road , for example I heard the grocery store there was
without water around Christmas time ?
Mr . Howell responded that they were not without water . At the
grocery store I drilled a well 20 ' deep and they got 20 gallons per
minute . It could not be pumped down at 20 gallons per minutes .
The reason they had to drill another well was because of a gas
problem there , a car backed over it and ruptured the gas tank and
filled the well with gas so that is the reason they had to drill
another well .
Councilwoman Raffensperger remarked that may be that is something
that we can look into . She stated that she had a report from a
member of the Planning Board that Bell ' s Grocery and several
adjacent residents ran out of water around Christmas time .
Mr . Howell responded that Bell ' s Grocery did not run out of water
with the original well .
Mark Tomlinson , 224 Bostwick Road remarked that Mrs . Sturgeon has
reported , and she ' s right off Elmira Road and backing up toward the
same area of the proposed development , she ' s has water problems and
the fireman who was here last meeting claimed he lived right across
the street and had water problems .
Supervisor Desch asked if anyone knew how deep the above peoples
wells are ?
• Mr . Tomlinson responded that he did not know how deep their wells
were .
Roger Howell remarked that this makes a difference .
Mr . Josselyn remarked that on Calkins Road , George Sheldrake had a
problem with his well .
Mr . Howell responded that Calkins Road was in the rock , I ' ve
drilled wells there , you have to go down 450 ' to 5001
.
Town Board 4 January 27 , 1987
Mr . Seldin asked Mr . Howell how deep were the two wells on Mr .
Jacobs property?
Mr . Howell responded , one of them is 200 ' , the other one is about
225 ' .
Supervisor Desch remarked , then you have a lot of water in the
casing .
Mr . Howell responded , definately . The pumps are only set at 100 ' ,
I know because I set them .
Mr . Seldin asked Mr . Howell if the other well was tested at the
• same time ?
Mr . Howell responded yes , one other well was tested .
Mr . Seldin remarked that he understood that we need two wells
besides .
Mr . Howell responded that Mr . Jacobs did not have two other wells
over there that we could test . They don ' t have two wells that are
over 200 ' .
Mr . Albern stated that the well that was 340 ' away from the tested
well had no draw down when the tested well was pumped for 72 hours .
Mr . Josselyn asked who ' s well was that?
Mr . Albern responded , both were on Mr . Jacobs property .
Marjorie Rinaldo Lee asked Mr . Howell about the static water level
in the well that he didn ' t pump , what was that?
Mr . Howell responded , about 30 ' .
Ms . Lee asked if that was the 250 ' deep well ?
Mr . Howell responded , no that ' s the 225 ' well .
Ms . Lee asked where the wells were on the property , the one you
measured is near the barn and the one you pumped is in the park?
Mr . Albern remarked that Mr . Howell had measured both of them .
Mr . Howell stated that the one that was pumped was in the park .
Ms . Lee questioned , the one you pump tested before was by the barn?
Mr . Howell - responded , right but I ' ve tested both wells .
Mr . Albern remarked that it was interesting to note that on the
report on the drawings we reported that the original well had a
capacity 14 , 400 gallons per day . This test over 72 hours now is
over 17 , 000 gallons per day . So we are reconfirmining the capacity
• of that well .
Ms . Lee responded that she thought those tests were for two
different wells . I thought the original test was for the one
behind the barn .
Mr . Albern responded that there were two tests . One was for the
original well which is a 14 , 000 gallon per day capacity , the other
one was for the new well which is the one up by the barn which had
a 25 , 000 gallon per day capacity . He only need 12 , 000 gallons per
Town Board 5 January 27 , 1987
day . So we are over pumping the wells much , much more than they
ever would be pumped in actual use .
Mr . Howell stated that the well at the barn he pump tested at 17
gallons per minute . We pulled that one down .
Mr . Albern remarked , that was a long time ago .
Mr . Howell responded right . The one at the park we test pumped at
a little over 12 gallons per minute and we pulled that one down 7 ' .
Mr . Tomlinson stated that he would like to know , when these 12 , 000
gallon tanks are in operation , how far are they likely to be drawn
down in normal use and under peak loads , how much water is going to
be left in the tanks , and how long will it take to bring them up to
peak capacity?
Mr . Albern responded that he couldn ' t answer that in so many
minutes .
Mr . Howell remarked that just as soon as you start pulling on the
tanks the well pumps come on , so it will probably hold it right
there .
Mr . Tomlinson remarked , so it will always be full ?
Mr . Albern responded no they won ' t always be full but with the high
capacity of the wells , 39 , 000 gallons per day capability , and with
the slow 12 , 000 gallon per day demand , there are going to be close
to full .
Mr . Tomlinson remarked , when the fire trucks pull up they won ' t
find them empty .
Mr . Albern responded no , they won ' t be empty . Now there could be
one tank out of service for cleaning .
Mr . Tomlinson remarked then that could be a problem .
Mr . Albern responded , that ' s not a problem . Remember that 6 , 000
gallons sitting there is better than nothing . We are not
furnishing fire protection , it is not the owners responsibility to
furnish fire protection . The previous Town engineer , Mr . Fabbroni ,
noted that we had 12 , 000 gallons of water setting there , why don ' t
we put a fire protection connection on it . The owner has agreed to
do so , over and above the owner ' s normal requirements .
Ms . Lee asked which well will be pumped for usage , the one behind
the barn or the current one ?
Mr . Albern responded , both of then, both will be connected . I ' ve
got one on low and one on high flow . They will both be used to
service the park .
Mr . Josselyn questioned if Mr . Albern was saying that the new
proposed park is only going to need 12 , 000 gallons per day?
Mr . Albern responded the entire park , fifty sane mobile hcmes will
only need 12 , 000 gallons per day and we have 39 , 000 gallons per day
capacity . With the new information , you have 42 , 000 gallons per
day capacity .
Mr . Seldin asked if , at the February 9th meeting , would it be
possible for Ms . Lee to address this new information .
Town Board 6 January 27 , 1987
Supervisor Desch remarked that there were two things pertinent with
that regard , the Health Department did a spot survey of private
water supplies in that area , he asked Ms . Lee if she had seen the
report?
Ms . Lee stated that she didn ' t think so .
The Supervisor stated that the report should be in the record and
that Ms . Lee should have a copy . He stated that it was not
directly perintent to this particular situation but it raises a
point that he felt needs to be considered by the Board and the
people who live in that area , and that is what is the desirability
for the Town to consider the extension of public water and sewer in
that area . Not tomorrow or not next year , but within five years .
Within the next couple of months the Town Board is going to be
considering extension of water and sewer to a fairly large area of
West Hill up past the hospital and that ' s primarily on the basis
that we have scene bad well situations in that area . We are seeing
along Inlet Valley a number of things happening , we are seeing some
inquiries about development taking place , we are seeing parcels of
land coming on the market , seeing a need to look at land uses in
that whole area . We have just gotten though rezoning a large area
on Five Mile Drive and all these things point to the question , as
the next priority for water and sewer in the Town , should the Town
Board be looking at two years , four years , five years down the
road , an extension of water and sewer to that area? If you look at
the numbers , and I ' ve looked at some rough numbers , from a pressure
standpoint it ' s an ideal location to get the proper pressure from
the City system . You ' ve got reservoirs in place that can do it .
You don ' t have the same problems that you have up on West Hill with
having to add storage and pressure and so on . To do Elmira Road ,
Five Mile Drive , Seven Mile Drive and I 'm not talking about going
back into the undeveloped land anyway , just along those corridors
with water itself you are talking about $ 650 , 000 approximately . It
really isn ' t that bad of an investment in relation to the benefit
that you will get from it . I ' d like the people in the area to be
thinking about that aspect , but it seems to me that even though
this Board might , and I don ' t want to speak for them , choose that
the water supply is more than adequate as the test might show, we
still have responsibility to look at fire protection whether it ' s a
mobile hone park there or some other kind of residential
development , or other development in the Inlet Valley area . Those
are the kind of things that are running through my mind which I
think are pertinent to this project . Between now and February 9th ,
talk to your neighbors and see how they feel about it . The cost ,
generally speaking , where water and sewer is available in the Town
now run about $ 116 . 00 per year per unit for debt retirement , that
includes the new sewage treatment , it ' s a very reasonable figure .
Councilwoman Raffensperger stated that if Ms . Lee is going to
prepare a report , a response to this , it would be very helpful to
have it even a few days before the Town Board meeting so we have an
opportunity to look at it before we come to the meeting .
Supervisor Desch asked Ms . Lee if it would be possible to have the
report by February 5th?
Ms . Lee responded that she would try .
SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING LOCAL LAW #3 AND
TO CONSIDER APPROVAL OF REVISED PLANS - MAJESTIC HEIGHTS
Susan Beeners , Town Planner noted that the Board has a copy of the
adopted resolution by the Planning Board , one being the SEQR report
with respect to the revised plan for Majestic Heights , second is
Town Board 7 January 27 , 1987
their resolution , where they are acting as the lead agency in
coordinated Type I review which was done in 1983 and being done
again in this resolution . They are recommending certain
modifications be made to the original law which established the
multiple residence district . The primary aspects of this would be
the delegation of site plan approval responsibilities from the Town
Board to the Planning Board . Another major point is the extension
of the time limit in which the project could reasonably be begun
and started . There are some SEQR conditions which were tied into
Local Law # 3 which are no longer applicable and so it was requested
that those be modified .
Supervisor Desch suggested that in the interest of time , Ms .
• Beeners walk the Board through the changes that the Planning Board
made .
Ms . Beeners stated that the Board had a copy of the original law
and the Board would be receiving the draft local law with
modifications this week .
Supervisor Desch asked the Board if they were comfortable in
setting a date for a public hearing and do you have any problems
with what the Planning Board wishes the Town Board to change?
Supervisor Desch asked what was the basis for the change in Section
3 , paragraph C ?
Ms . Beeners responded , in that section originally a portion of that
read that no variance in the construction , development and use of
the parcel shall be permitted except as may be permitted by the
Town Planning Board with the approval of the Town Board . We were
getting into a similar situation as with Eastwood Commons where the
Town Board had wanted to get into the approval process .
Supervisor Desch noted that this resolution gives the Planning
Board the authority to authorize variances rather than make them
subject to approval of the Town Board ,
Councilman Cramer asked if variance approvals weren ' t subject to
approval by the Zoning Board of Appeals and on condition of
applicant to that Board?
Supervisor Desch responded , not in the case of this local law .
Susan Beeners added , not with variances to an original site plan .
Councilman Cramer remarked that what was bothering him was that one
the one hand we granted to the Planning Board SEQR review , we ' ve
granted them site plan review and now we are granting them
provision of variance , and I for one no absolutely nothing about
the scope and magnitude and density of this particular project and
I ' m concerned about that . I ' m concerned about giving that much
authority to the Planning Board , I don ' t mind site plan and SEQR , I
do mind variances .
Supervisor Desch stated that it refers to variances in the
• construction , development and use of the parcel . You might be
concerned with one , two or all three of them, I don ' t know .
Ms . Beeners responded after you read on it says by the Town
Planning Board or by such persons or agent of the Town as the
Planning Board may designate . In my mind it would be understood
that if something came up that it looked like it warranted a
variance of the normal type then we would take it to the Planning
Board and recommend that the Zoning Board take a look at it . If
you wish I can report this to the Town Attorney and see whether the
language can be modified to include the concerns .
Town Board 8 January 27 , 1987
Councilman Cramer stated that he had a fundamental problem with the
concept from just a legislative delegation of authority and I guess
I would rather have the lead agency stay with the Town Board which
then reviews the project , delegates the project to the Planning
Board if it so desires and any variances take place by the Zoning
Board of Appeals . Otherwise , when you muddy the waters you are
asking for problems .
Councilwoman Raffensperger asked the Town Planner what the project
used to be called?
Ms . Beeners responded , Majestic Heights or Bill Manos , prior to
that Beacon Hills .
• Supervisor Desch stated that the plan for this project is not very
different from the Manos original project .
Town Planner Beeners stated that it appeared to her that this
project was over encumbered at the time of it ' s approval with
certain conditions . What does the Board recommend about lead
agency status for site plan review at this time ?
Supervisor Desch stated that again he felt that if the Board
members were familiar with the site plan they would be more
comfortable with the Planning Board being lead agent . There really
isn ' t that much difference , the density is the same , the
positioning of the buildings is slightly different , the parking
areas are slightly different in location but the buffers are
maintained , the roadway networks are maintained , drainage is
maintained and improved in certain instances , so I guess I can only
advize that we put the local law together this way and expect some
changes . He asked Ms . Beeners to leave out on the table the two
plans , the old plan and the new plan and between now and February
9th he asked the Board to stop in and take a look at it , that way
you will be in a better position on the 9th .
Councilman Cramer remarked and this Board will have a presentation
of the proposal on the 9th .
Ms . Beeners went on to say that the extension of the time period of
forty-eight months which was originally given to the project will
expire on March 28 , 1987 and the Planning Board recommends that
that time period be extended until April 1990 . The Planning Board
did not think that the requirement that the project proceed from
east to west was an any longer necessary . It would be just as
worthwhile to see the west , next to the swamp , established and
stablized as an early phase , if the developer chose to do this
first .
Supervisor Desch noted , the fact that the entrance off East King
Road now is much farther away from the existing development , which
was a neighborhood concern of having all the traffic go by the
development .
Ms . Beeners went on to say that on the last page of the adopted
• resolution , the basic change has been the notification of Cornell ,
48 hours prior to the blasting and the request that Cornell
Plantations be notified about the blasting plans as soon as the
developer has them so that they figure out how it might effect
their adjacent property . Following that on the last page are the
conditions under which the Planning Board has granted final
approval to the revised plan . The main one being the amendment of
the law which we are proposing and which you will be receiving .
Councilman Cramer asked , on item number one referring to the time
frame , the 48 month period from the date of February 7 , 1983 , what
Town Board 9 January 27 , 1987
does that leave the developer as far as construction time under
the present local law?
Ms . Beeners responded , under the present local law the 48 months
would expire March 28 , 1987 .
Councilman Cramer questioned , for completion of the project under
the orginial multiple residence zone ? He then asked if the
multiple residence zone then revert back as of that date to R- 15 or
R-30 zones as are other residence zones in the Town of Ithaca?
Ms . Beeners responded , that opportunity would be available for it
to revert .
• RESOLUTION N0 , 16
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 7 : 30 P .M . , on February 9 , 1987 to
consider amending Local Law V . 1983 and consider approval of the
revised site plan .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
SET DATE FOR PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE
ZONING ORDINANCE REQUIRIIMEVTS FOR EASTWOOD COMMONS
Supervisor Desch stated that the Planning Board took up the matter
at a recent meeting .
Town Planner Beeners stated that the Planning Board adjourned their
further hearings on it until it came back to the Town Board . At
the January 20th Planning Board meeting , one significant change to
the draft local law was brought before the Planning Board . That
change is on page 2 of the draft local law that you have received
today , C , section 4B .
Supervisor Desch stated that this was a result of the discussion
held at our last meeting having to do with the construction of the
second connection with Honness Lane ,
Ms . Beeners , noted the top of page 3 , stating that the Board had
discussed this , this is the 4 versus 6 units in a cluster .
Paragraph G , has to do with the heights of the buildings . The
orginal wording was that no building would exceed two story . As
far as the area for which a letter of credit is to be issued , it is
a reduction of four units . Construction of Harwick Road from
Honness Lane to the intersection of Sunnyslope , 280 ' to a point
Just past the buildings that are currently numbered 30 and 31 . The
intent of this is to permit the developer , if he gets the necessary
approval , to construct buildings 30 , 31 and the pavilion , what
would be called the initial phase of the project with certain
• requirements that are placed in here as far as the restoration of
that site , the installation of the utilities and the construction
of that part of the road .
Supervisor Desch asked Ms . Beeners about the consideration of our
wording of 6B , where it indicates the Planning Board may authorize
up to six units in each cluster . Are they comfortable with that
our would they like it worded differently?
Ms . Beeners responded that she felt the Planning Board was
comfortable with this wording . They were uncomfortable with scene
Town Board 10 January 27 , 1987
things that I was pointing out in my draft resolution to them as to
what additional waivers or other conditions would have placed on
the project . However , the language that appears in the local law
is satisfactory .
Councilman Cramer stated that it seems as though that under this
verbage all the clusters in Phase III could be six unit clusters if
we allowed this particular language . We have said we allowed four
units and we have said that we will provide them the flexibility of
allowing a couple of six unit clusters but the local law doesn ' t
say that .
Councilwoman Raffensperger remarked , when we said this I asked if
we couldn ' t say "a " or " any" and the Town Attorney was here then
and said no we had to say "each" .
Supervisor Desch asked what was the real question? How many six
unit clusters are there ?
The Town Planner responded , eight 61s .
Councilman Cramer questioned , in this language what is to prevent
the developer from saying alright this is rendition one , rendition
two coming in is going to have all six unit clusters with density
increases .
Supervisor Desch responded that the density will not increase as
long as he does not go beyond 66 units . He could have 11 buildings
with six units in it . Now he has 12 buildings . The density as far
as the overall project doesn ' t change .
Councilman Bartholf added , his limit is 66 , right no matter how he
wants to do it .
Supervisor Desch noted that the question is whether you are
comfortable in giving the Planning Board the authority to approve
that density , 66 .
Councilman Cramer asked if the original plan did not have a higher
density and what is the configuration in the existing Eastwood
Commons .
Town Planner Beeners responded , three and four units .
Councilwoman Raffensperger asked if the Eastwood Commons
Association had seen the proposal ? They had a meeting last night .
Supervisor Desch responded yes , they are aware of the proposal .
Town Planner Beeners went on to say that the overall density of
Phase III as originally approved , would have been 68 .
Supervisor Desch remarked , we are below the original density .
Councilman Cramer asked if the Town would have a real problem in
• asking the developer to limit the cluster units to four , may be
this is a legal question .
Supervisor Desch responded it ' s both a legal question and a policy
question .
Town Planner Beeners responded , we might see in something like that
the loss of the pavilion which might be a real good ccnumity asset
to have that , because it will serve the entire association .
Town Board 11 January 27 , 1987
Supervisor Desch asked if there was strong sentiment to stand by
the original resolution which restricted the number of units per
cluster to four?
Councilwoman Raffensperger responded that she felt this was
typically the kind of decisions that the Planning Board makes , the
Planning Board doesn ' t have to approve 61s .
Supervisor Desch asked if anyone had a question on the wording of
6C under Section G?
Town Planner Beeners remarked that in order to make any further
approval of this plan , the Planning Board would have to waive two
requirements in the Subdivision Regulations , in the cluster
section . One of them being the waiver of the 30 ' height
requirement for buildings as required in Cluster Subdivision
Regulations and the other is the 30 ' distance between buildings .
Supervisor Desch noted that this was normally under their
jurisdiction .
Ms . Beeners responded that she was just pointing this out . This is
why I think it ' s put in here because of their powers to waive
certain things under cluster .
Supervisor Desch responded that the Board might wish to have the
Zoning Board of Appeals judge on the height and distance or you may
wish to leave it as is .
Councilwaman Raffensperger asked , is it true that what this says ,
if he comes in and wants a 32 ' high building the Planning Board
says no we don ' t think so , so he may go to the Board of Zoning
Appeals for a variance , at that point .
Supervisor Desch responded yes , as a court of last resort .
RESOLUTION NO , 17
Motion by Supervisor Desch , seconded by Councilwoman Howell ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 8 : 00 P .M . , on February 9 , 1987 to
consider a local law amending the Zoning Ordinance requirements for
the Eastwood Commons Multiple Residence Zone .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
EXPERT►v NTAL ONE WAY TRAFFIC ON JUDD FALLS ROAD
Supervisor Desch stated that he had received a letter from Shirley
Egan at Cornell University . The substance of the letter was that
unless the Town agrees to excecute a hold harmless clause for the
public use of Plantations Road that Cornell would close off the two
pieces of that road from Forest Herne Drive to Judd Falls
Road�Caldwell Road on February 2 , 19870
Supervisor Desch stated that he responded to the letter saying that
a hold harmless was not appropriate because the public has been
using the road since Cornell closed the campus in 1970 and if they
closed Plantations Road on February 2 the Town would move the
one-way experiment to the intersection of Tower Road and Judd Falls
Road . He asked the Board if they concurred in this position .
There was no opposition to this position .
Town Board 12 January 27 , 1987
BUDGET AMENDMENTS
RESOLUTION NO . 18
Motion by Councilman Cramer , seconded by Councilman McPeak ,
Highway Fund
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the following additional 1986 Year-End Transfers :
( 1 ) To correct transfer , approved at January 12 , 1987 meeting , of
$ 10 , 000 from Highway Machinery - Equipment DB5130 . 200 to Highway
• Machinery - Vehicle Maintenance DB5130 . 460 -- transfer should be :
$ 10 , 000 fran Highway Fund Balance DB909 to Highway Machinery -
Vehicle Maintenance DB5130 . 460 and transfer $ 3 , 318 . 49 from Highway
Machinery - Equipment DB5130 . 200 to Highway Machinery - Vehicle
Maintenance DB5130 . 460 .
( 2 ) Transfer $ 184 . 26 from Highway Snow - Parts & Equipment
DB5130 . 200 to Highway - Employee Benefits Social Security
DB9030 . 800 .
Sewer Fund
Transfer $ 7 , 549 . 91 from Sewer Fund Balance G909 to Sewer - Sanitary
Sewers Personal Services G8120 . 200 $ 246 . 00 and City Payment
G8120 . 481 City Payment . Exact amount of final City Payment for
1986 was not available prior to January 12 , 1987 meeting resulting
in request for additional transfer .
1987 Budget Amendment
General Fund - Townwide
Transfer $ 750 . 00 from Townwide Contingency A1990 to Justices
Equipment A1110 . 200 for purchase of copies to be used by Judge
Wallenbeck in his Justice ' s office located at his home .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none) .
ADJOURNMENT
The meeting was duly adjourned .
Tofu n Cl