HomeMy WebLinkAboutTB Minutes 1988-08-08TOWN OF ITHACA
REGULAR BOARD MEETTING
August 8, 1988
At a Regular Meeting of the Town Board of the Town of Ithaca,
Tanpkins County, New York, held at the Town Hall, 126 East Seneca
Street, Ithaca, New York, on the 8th day of August, 1988, there
were:
PRESENT:
ALSO PRESENT:
Noel Desch, Supervisor
Henry McPeak, Councilman
Shirley Raffensperger, Comcilwcanan
Robert Bartholf, Councilman
Patricia Leary, Councilwonan
Thomas Cardman, Councilman
Robert Flumerfelt, Town Engineer
John Ozolins, Highway Superintendent
John Barney, Town Attorney
Ed Tubbs, Troy Road
Tim Ciaschi, 124 Vfoolf Lane
Robin Ciaschi, 124 Vfoolf Lane
Fred T. Wilcox III, 109 Juniper Drive
Ralph Vam, 34 Dove Drive
Deborah Dietrich, Board of Reps
Karl Niklas, 1005 Danl^ Road
Judith Cone, 211 Perry City Road,
Trumansburg, N.Y.
Richard C. Vam, 44 Dove Drive
Ed Cobb, 1005 Danby Road
Greg Wooster, 102 Juniper Drive
Pam Williams, 102 Juniper Drive
Rose Boynton, 205 Tareyton Drive
Ron Sirrpson, 112 Pine View Terrace
Bonnie Sinpson, 112 Pine View Terrace
Kenga Gergely, 106 Juniper Drive
David Rumsey, 1010 Danby Road
Lydelle Rumsey, 1010 Danby Road
Elliott Lauderdale, 381 Stone Quarry Road
Celia Bowers, 1406 Trumansburg Road
John Bowers, 1406 Trumansburg Road
Mickey Herzing, 319 Coddington Road
Patty Porter, 104 Juniper Drive
Dan Schaaf, 165 Ridgecrest Road
Stephen Parrott, 131 Northview Road
John Whitccmb, 233 Troy Road
N^inrtle Whitcai±), 233 Troy Road
Thcannas Bruce, Cornell Law School
Paula F. Weiss, Robert S, Leathers
Architects
H. M. Schaaf, 134 Bundy Road
Laura Holmberg, 1109 Taughannock Boulevard
Robert Leathers, 909 Vtyckoff Road
Song Kyong, 220 Highgate Road
Doria Higgins, 2 Hillcrest Drive
Charles Asay, 131 Hopkins Road
Dooley Kiefer, 629 Highland Road
Janette McCord, 1048 Danby Road
Athena Grover, 1486 Tinmiansburg Road
William S. Grover, 1486 Trumansburg Road
Salvatore Grippi, 423 East Seneca Street
Town Boaid Minutes August 8, 1988
Rosciline Grippi, 423 East Seneca Street
Harris Sanders, 1201 Trumansburg Road
Estella Sanders, 1201 Trumansburg Road
Edward L. Hollister, 173 West Haven Road
David Kuckuk, 229 Forest Home Drive
Krys Gail, 337 DuBois Road
Gene Ball, 1317 Trumansburg Road
John Weiss, 105 DuBois Road
Christopher McVoy, 770 Elm Street Ext.
Margaret Smith, 770 Elm Street Ext.
June Protts, 312 Wood Street
Orlando lacovelli, 270 Pennsylvania Avenue
Tom Darling, 111 Pine View Terrace
Harry Ellsworth, 152 Honness Lane
MOrris Tenenbaum, 155 Honness Lane
Nell Mondy, 126 Honness Lane
Jonathan C. Meigs, 235 Culver Road
Jean Payne, 1006 Danby Road
Douglas Payne, 1006 Danby Road
Ann Pitkin, 766 Elm Street Extension
Lois Levitan, 766 Elm Street Extension
Barbara Shew, 816 Cliff Street
Mary Ellen Hav^er, 1032 Danby Road
Mary I, Poyer, 1435 Trumansburg Road
Gerald D. Hall, 296 Hayts Road
Terry Moore, 211 Perry City Road,
Trumansburg
Jean Sanders, 1034 Danby Road
Helen DeGraff, 122 West Haven Road
Loiiise Vignaijx, 1470 Trumansburg Road
Janice Odell, 100 Spruce Way
Madeline Hart, 236 Hayts Road
Carol Bushbeg, 102 Happy Lane
Bob Love, 770 Elm Street Extension
Clare Grady, 201 Elm Street
Paul Sayvetz, 201 Elm Street
Lawrence Fabbroni, 127 Wtoren Road
Margaret Fabrizio, 213 King Street
George J. Vignaux, 1470 Trumansburg Road
Neil Ailing, 111 Woolf Lane
Kristina L. Ailing, 111 Woolf Lane
Tamme Steenhuis, 266 Pennsylvania Avenue
Lindsay Goodloe, 337 Stone Quarry Road
Evan Monkemeyer, 1060 Danby Road
Leslie J. Smith-Darling, 111 Pine View
Terrace
PLEDGE OF ALLEGIANCE
Representatives of the Media:
Fred Yahn
The Supervisor led the assemblage in the Pledge of Allegiance.
REPORT OF TOWN OFFICIALS
Town Supervisor's Report
Landfill
Supervisor Desch reported that the Town has received a copy of the
DEIS on the DR7 County Landfill proposal.
Rgninqton Road
Town Board Minutes 3 August 8, 1988
S\:5)ervisor Desch noted that he had read in the Ithaca Journal that
the Cayuga Heights Board had voted to open Reamington Road. He
noted that one-half of the road is in the Town of Ithaca outside
the Village and the Town generates no tax revenue because all the
taxable properties are in the Village since the Route 13
right-of-way runs the entire length of the frontage in the Town.
The Supervisor went on to say that he had suggested to the Village
that they my want to annex the Town part as well as all of the
right-of-way of Route 13. He noted that it would be very expensive
to construct a road to Town standards and it will only serve seven
lots, all of vMch are in the Village.
Recycling
The Supervisor noted that on Friday, August 5 the Town Board and
staff was invited to a presentation by Coimty Recycling Manager Lee
Cornell v^o is in the process of setting up a recycling pilot
project in several areas of the County expecting to involve
approximtely 5,000 hones of \diich 1,000 my be in the Town of
Ithaca. Those vdio attended expressed interest in having the Town
participate in the program and that he would like to add an item at
the end of the agenda to consider a resolution of interest.
Meetings
Supervisor Desch noted that the Fire Chief has asked the Board to
attend a meeting of the City B&A Ccninittee on August 25 at 7:00
P.M., to discuss the additional positions of Training Officer and
increasing the hours of the Fire Department Clerk. These are
positions beyond the staffing level approved in the City/Town
Contract vdiich we turned down a year ago. The City is also
sponsoring a youth meeting to explain in detail, the cost figures.
We are invited to attend.
Moratorium
The GINA has asked for the opportimity to present its case for a
moratoriimi on "mjor" new development in the Town. He stated that
he would propose that such an opportunity be given at an informl
session on August 29, perhaps at the Ithaca College Phillips Hall,
if we can get it. The Planning Board would be invited to attend
and any person wishing to ccrament either for or against the idea
would have hopefully, if time permitted, an opportunity to speak.
Dedication
Supervisor Desch roninded everyone of the dedication of the new
Ithaca Area Wastewater Treatment Plant on September 1, at 11:00
A.M.
Board Room
Supervisor Desch stated that following several gentle but
persistent nudges from the Fire Chief, the Building Inspector has
posted the legal limit for the Board room. It is a total of 51
seats to keep the exits clear.
Town Engineer's Report
Water and Sewer Extensions
Town Engineer Robert Flumerfelt reported that the Phase I contract
for the water and sewer inprovanents, Vacri Construction, all the
sewer and water mins have been completed, flushed and tested.
There is a little chlorination of the lines yet to be done, but
everything should be on line in the next few days. The
hydrophenumtic booster station was started up today. We have
arranged with the contractor to wait on the installation of the
sewer line on Caitpbell Avenue until the Cliff Street job is done.
On the Phase II contract, Rizzo Construction, on Taughannock
Boulevard, the installation of the water and sewer mins is
/ Town Board Minutes 4 August 8, 1988
catplete and they are now flushing and testing both the water and
sewer. We are in negotiations with NYSDOT on the restoration of
the shoulder of the road on the west side vdiere they have requested
that we place a substantial amount of blacktop v^ere we feel there
wasn't nearly that much to begin with. We have written a letter to
DOT in response to their request.
Harris B. Dates Drive
The Town Engineer went on to say that the road was dedicated on
July 20th. We do have substantial cost over runs on the contract
with Hill Construction, mainly to correct serious soils problems
vdiich were not apparent until after the spring rains. The extra
construction costs of about $45,000, about 60% of that was do to
poor soil conditions. We had a meeting a few days ago to reccnimend
a way of splitting those extra costs among the four parties and the
result is that he is now ccnpiling all the project costs, legal,
administrative, land acquisition, in kind services to see vtot our
actual total costs were and by the end of the week he hoped to have
a reconmendation on final division of those costs.
Inflow/Infiltration Study
Town Engineer Flumerfelt went on to say that the Northeast
Inflow/Infiltration Study of the sewers is continuing and now it is
progressing at a faster rate again because we have sane wet weather
flow data for the engineers to use. We are still assisting on sane
of the leg work and and obtaining data on length of house services,
etc.
Maintenance Management
Town Engineer Flumerfelt stated that he was working with Ted Wixscm
at Bolton Point on a maintenance management, including trouble
reports and operational reports for our various water systems such
as purtp stations and pressure reducing vaults. We will be
preparing a budget for the operation of the various imits owned and
maintained by the Town. Also, we are preparing as built drawings
of water and sewer facilities.
Streams
The Engineer noted that the Town had received notice from Tarpkins
County that our request for matching funds for correction of stream
problems on East Shore Drive was approved and was funded in the
amount of $3,550. We had requested $5,000 for that project but
this should take us a good way in clearing up that particular
prc±>lem.
Miscellaneous
Town Engineer Flumerfelt noted the ongoing review- of various
subdivisions proposals. Site plans including Rose Hill on West
Hill, ButterField and Lake Cayuga Estates v^ch is proposal at the
bottcm end of Orchard Hill Road and Klondike Manor.
Woolf Lane
The Town Engineer stated that Mr. Tim Ciaschi is almost entirely
ccmplete with the construction of WDolf Lane and his Westwood Hills
Subdivision and we would like to try to accept that portion of the
roadway this evening, subject to final inspection by himself and
the Highway Superintendent and subject to Mr. Ciaschi providing a
maintenance bond for any problems with the roadway that may show up
within a year after acceptance by the Town.
Councilman Cardman questioned the cost overruns on Dates Drive. He
asked vtot portion would the Town be responsible for, after you
finish your negotiations?
Town Engineer Flumerfelt replied, that his own recatmendation was
to try to divide up the cost overruns in proportion to the amounts
Town Board Minutes 5 August 8, 1988
of the estimated original project costs, in portion to the amounts
contributed by each of the four parties. Each party would be asked
to contribute 25% of the cost overrun.
Councilman Cardman replied, but this hasn't been accepted hy all of
the parties yet?
Town Engineer Flumerfelt replied no, it has not been accepted by
all of the parties yet.
Councilman Cardman remarked, say the Town ends being responsible
for 25%, is that in contingencies within the project or would you
have to go back?
Town Engineer Flumerfelt replied, we would probably have to go back
for extra money, depending on vtot the actual cost were. We are
going to see \/tot the actual legal costs were including land
acquisition costs and our administrative costs. He stated that he
thought the Town had contributed a lot to this poroject both for in
kind services and administrative costs vMch were not really
considered.
Supervisor Desch remarked, there will have to be an amendment to
the agreoment.
Highway Superintendent's Report
Vehicle Maintenance
Highway Superintendent John Ozolins stated that the front end for
Truck #5 was replaced. Truck #4 had one of it's rear axles sheared
so we replaced the axle as well as pulling the entire differential
out and checking that for filings.
Dates Drive
The Hi^way Superintendent noted that Dates Drive was coipleted.
Paving and all the slurry sealing of roads have been ccnpleted.
Stone Quarry Road will be swept in the next few days to pick up any
loose stones.
Culverts
Mr. Ozolins noted that several culverts have been installed. Of
notable was the one on Drew Road and Culver Road. Ditching has
been done on several streets.
New Truck
The Highway Superintendent stated that the new truck has been
picked up and the old one traded in. The new truck is now having
the snow equipment and box installed.
Computer
Mr. Ozolins went on to say that the ccnputer has been installed.
He went on to say that the office has been hot and that he had
checked into the availability of an air conditioning unit. Trying
to find an air conditioning unit this time of the year is
difficult, to say the least but one ccsrpany v^o says they will be
able to oirder one will cost $820.
Paving
Mr. Ozolins stated that next Monday paving will begin on Indian
Creek Road and Happy Lane, also in Septamber he reserved a cherry
picker and boom truck and he plans on going through the Town
trimming trees. The main reason for the bocm truck is to be able
to cut the trees that have limb hanging over the road that are up
higher, we will be able to get those and cut them off rather than
just getting v^t we can reach and waiting for them to drop down.
Tcwn Board Minutes 6 August 8, 1988
The Highway Superintendent went on to say that attached to his
highway report is a report from Ridi Schodi. He noted that they
have changed over the suitiner help, the second crew is on right now.
They have done some chipping and brush cutting throu^out the Town.
Also on the surface treatment, on Stone Quarry Road, they help us
out by providing two people. The basketball court on Dove Drive
will be paved in August.
Councilwoman Raffensperger stated that tree triititiing is not always
the most. popular activity in the Town of Ithaca. She asked vAiat
kind of criteria was going to be used for v^t is going to be done?
Highway Superintendent Ozolins replied that v^at he envisioned was
to have three crews, one crew on the boom truck for the overhanging
trees. What he is talking about is in the Town right-of-way. He
was not talking about every tree, there isn't time for that, but a
couple areas of concern are on Elm Street v^ere the trees are
growing over the road. Stone Quarry Road v^ere large branches are
overgrowing the road. His concern is to get that before it falls
onto the pavement or a lot of snow bends them down further and the
trees are damaged or even the trucks are damaged by the hanging
limbs. Another crew will trim the blocked line of site. The other
crew will follow up chipping everything and cleaning up.
Councilwoman Raffensperger replied, so really the answer to my
question is the criteria is that not just that vdiich hangs over the
right-of-way of the Town of Ithaca but that it poses a hazzard of
seme sort. Typically, although we have the right to clean cut
anything in the right-of-way, there is a certain amount of
tolerance and appearance.
Highway Superintendent Ozolins replied, it is the hazzards that ws
are concerned with.
Building Inspector/ Zoning Officer's Report
Building Inspector/Zoning Officer Andrew Frost reported that of the
14 permits issued for single family residents, 10 units were at
Deer Run. Ithaca College received their permit to build a new
dormitory. He went on to note that after about a year, three
unsafe buildings have been taken down, one on Danby Road and two on
the site of the new Chamber of Commerce. He went on to say that
right now there seem to be a lot of complaints on abandoned
vehicles vdiich are hard to get rid of.
Councilwcman Raffensperger noted that she had seme questions and
was not sure v^ch staff member would have the answer. She noted a
request for water extension on the Trumansburg Road by Mr. Hall,
she asked if that had been responded to and has the staff looked at
that?
Town Engineer Robert Flumerfelt replied, that his last contact was
to ask that Mr. Hall write a letter to the Board requesting water
service.
Councilwcman Raffensperger remarked, then we are going to look into
this and respond. She went on to say, we had a letter in June from
someone in Eastern Heists asking for an amendment to the traffic
ordinance for no overnight parking on Town reserve right-of-ways,
she asked if this had been pursued at all? The letter asks the
Town Board about the possibility of v^ere there is a ban on over
night parking on the shoulder of the ir>ad there also be a ban on
over night parking on reserve. Town of Ithaca highway right-of-way
and she stated that she would like to see the Town consider this.
Tcwn Board Minutes 7 August 8, 1988
Supervisor Desch questioned if the Town did or did not own that
right-of-roy?
Town Attorney Barney replied, we own the right-of-^y.
Supervisor Desch questioned that if the Tcwn owned the right-of-way
\diy do we need additional legislation? We allow no parking within
the roadway within any right-of-^y. One might argue exactly vhere
that roadway might fall if we don't have a roadway there.
Town Attorney Barney replied, you can park on a public highway
absent a prohibition, on the shoulder.
Councilwoman Raffensperger remarked, it is a right-of-way v^ch is
not presently used as a road, it is reserved for future use and is
attracting over night parking.
Town Attorney Barney remarked that he would have to take back v^at
he said, he was not sure the Town owned it, at that juncture, if
it's reserved for future use he was not sure v^ether it has ever
been deeded or conveyed to the Town.
Supervisor Desch replied, we will have to verify vhether we have
title or not.
Coimcilwoman Raffensperger went on to say that sonetime ago she was
told that the Town did own it. She went on to say that the Town
has received a letter requesting a meeting with the Ellis Hollow
Road Apartment representative, she asked if this has been responded
to or has a meeting been set up?
Supervisor Desch replied that he had sent a letter back indicating
the amount they would have to pay and they have paid it.
Councilwcman Raffensperger stated that she had received a letter
saying they protest that and would like to meet with the Town
Board.
Supervisor Desch replied that the meeting that they want has to do
with the open issue of the 1989 tax abatement. He has to take seme
initiative because we spelled out the things that he needed to do
from his end.
Councilwoman Raffensperger noted that in 1975 the Town passed a
resolution concerning the Freedom of Information Law, and wondered
if this should not be reviewed? The thing that brought it to her
attention was, and she had not realized that citizens of the Town
of Ithaca vdio come down here and ask for copies of the minutes of
the Town Board or Planning Board are charged 25^ a page. She
stated that she could understand how it could happen from this, but
she was not sure if it was ever the intent of the legislation, some
duplication of material costs are more than others.
Supervisor Desch asked Councilwcman Raffensperger if she and
Councilman McPeak would like to look into the problem?
Town Planner's Report
Town Planner Susan Beeners reported that they have had a large
number of citizen's inquiries as well as development reviews. She
noted that George Frantz, Assistant Planner had met with the Six
Mile Creek Overseer Committee to discuss the South Hill Trail
proposal and to try to clarify the benefits in having the trail
developed along the Coddington Road old railroad path, as far as
the enforcement of v^t misuse occurs at the present time. She
Town Board Minutes 8 August 8, 1988
noted that they had also met with City and County Planning
departments to further discuss the type of work that might be done
for a Six Mile Creek land use study that would extend into the Town
of Dryden because of the potential for pollution from agricultural
uses. She stated that she had met with the consultants vAio are
working with Cornell on an East Ithaca land use report to see v^at
they are coming up with for possible land use schemes for the areas
adjacent to the canpis. We are continxiing with our inventory and
analysis of residential land use and population projections. In
mid-September we e3q)ect the software for the Ithaca Transportation
Survey to be delivered to us, to use on our Mclntosh \diioh we will
have to decide soon to buy or not.
Ms. Beeners went on to say that with the help of Cornell Tradition
Students we have been able to continue traffic counts on the major
road aroimd Ithaca in the Town and plan to continue that into the
Fall so that we can pick up a ccsrparison as to v^at it is like vdien
school begins. Ms. Beeners went on to note that there was a
meeting of the Planning Board on August 2nd at Ithaca College.
Councilwcraan Leary stated that many of the Board members had
received telephone calls from members of the public about the
Sprinkler Ordinance. She felt that it was apparent that many
people missed the public hearing notice and there are a lot of
concerns about sprinklering new hones. She felt it might be
appropriate to put this on the Septonber agenda as a public hearing
to consider amending the Sprinkler Ordinance exotipting new hcmes.
Supervisor Desch asked v^at would be the basis for amendment?
Councilwcman Leary replied, to consider exertpting single family
homes because there is a lot of concern that the cost would be
prohibitive.
Supervisor Desch asked Councilwcman Leary vtot her assessment of
amount of the concern, how many phones calls or how many people?
Councilwcman Leary replied that she could not even count the number
of calls she had received and other Board members have too. There
have been letters to the Journal. Since not all of the Board
members were present she felt that it might be good to look at that
one portion of it and let the public have the opportunity to speak
more about that.
Supervisor Desch replied, if you want to have a hearing it means
that the Town Attorney would need to draft an amended local law.
He suggested that the Board just hold a discussion because he has
had a lot of discussions with developers and property owners vdio
once they have had the qppoirtunity to find out v^y it was passed
and the rationale they are very comfortable with it.
Councilwcman Leary asked, if we wanted to after that could we
amended the the law?
Supervisor Desch replied yes. A hearing can be set anytime to
amend a local law.
Councilman Cairdman felt it would be a reasonably good idea to let
the public know we are willing to listen to a discussion on the
issue and how it effects everyone.
Supervisor Desch felt the Board needed to be clear on vdiat it is we
want to discuss, are we limiting it to single and two family heroes?
The vdiole question, or vtot?
Tcfwn Boaixi Minutes 9 August 8, 1988
Councilvonan Leary replied that she would be interested in \(^at the
public had to say, including landlords or prospective landlords and
developers, just v^at kind of a burden that would mean in the
future even for multiple residences.
Si:5)ervisor Desch suggested it be put on the September agenda for
public discussion.
The Board felt a discussion was agreeable with all of them.
Councilwcman Raffensperger noted that scmetiraes the Town does run a
box add and she felt that in response to \tet she heard that a lot
of people just didn't realize \^at it meant or just didn't see the
public notice, we might consider running a box add so that everyone
will be fully informed they will have an opportunity to speak.
Supervisor Desch asked Councilwcman Leary and Councilwcanan
Raffensperger to write the box add.
BOARD OF REPRESENTATIVES REPORT
Board of Representative Deborah Dietrich stated that the County
hopes to begin work on the DuBois Road/Route 96 intersection this
fall. She stated that she would like to thank the Town Engineering
Department, Bob Flumerfelt and Eric Whitney for solving the
problems very quickly that have developed around the water and
sewer extensions.
Mrs. Dietrich went on to say that Tuesday night the County Board is
going to debate a resolution that calls for a large amount of
financial participation on the part of the County for youth
services. She stated that she did not know how it was going to go.
Maybe somebody from the Town would like to attend.
Si:5)ervisor Desch noted that there was a problon on Coddington Road,
the Town back in about May, amended the traffic ordinance to
prohibit parking from Rich Road to the City line on both sides of
Coddington Road. Now, the County Public Works Department tells us
they are unwilling to have us put "No Parking" signs up there
because it is a county road. He stated that he would appreciate it
if Mrs. Dietrich could find out what the problem is.
County Representative Dietrich agreed to look into the problem.
BUDGET AMENDMENT
Supervisor Desch noted that the budget amendment was for the
payment of the Village of Cayuga Heights sewer rental bill. The
amount budgeted was insufficient scmething like $13,600 because
the Village choose, this spring after the budget was adopted last
fall, to raise their rates.
RESOLUTION NO. 218
Motion by Supeirvisor Desch; seconded by Councilwcman Raffensperger,
RESOLVED, that the Town Board of the Town of Ithaca hereby approve
the appropriation from Fund Balance and transfer to G8120.482
Village of Cayuga Heights Sewer Payment of $13,605.40 for the sewer
rental bill.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting
Aye. Nays - none).
Town Board Minutes 10 August 8, 1988
NEW YORK PLftNNING FEDERATION CONFERENCE
Supervisor Desch noted that the resolution shows four people, with
two names and two other persons. The two other persons would be
Planning Board mannbers v^o have not yet been identified.
RESOLUTION NO. 219
Motion By Councilman McPeak; seconded by Councilman Cardman,
RESOLVED, that the Town Board of the Tcwn of Ithaca hereby
authorize Hemry Aron, Eva Hoffinann and two other persons (Planning
Board Members) to attend the New York Planning Federation
Conference at Ellenville, New York, October 16 to 18, 1988.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting
Aye. Nays - none).
BUIIDING OFFICIALS CONFERENCE
RESOLUTION NO. 220
^tion by Supervisor Desch; seconded by Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca hereby
authorize Building Inspector/Zoning Officer Andrew Frost and
Assistant Building Inspector/Zoning Officer Laura Predmore to
attend the New York State Building Officials Conference, Inc., at
Ellenville, New York, September 21 thru 23, 1988.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting
Aye. Nays - none).
RECORD MANAGEMENT SEMINAR
RESOLUTION NO. 221
Motion by Councilvonan Raffensperger; seconded by Councilman
Cardman,
RESOLVED, that the Town Board of the Town of Ithaca hereh^
authorize Town Clerk Jean Swartwood to attend a Record Management
Seminar in Binghamton, New York, October 6, 1988.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting
Aye. Nays - none).
MANAGER OF ADMINISTRATIVE SERVICES POSITION
Supervisor Desch noted that this was to create the position and
advertise for the position. Supervisor Desch asked if there were
any questions?
Councilman Cardman replied that he had seme coiinents and
recorrmendations. He went on to say that he had requested Henry
Aron that an item be put on the Personnel Cconnmittee agenda and
unfortunately, he did not get the notice of the Personnel Ccmmittee
meeting for August or he would have informed Mr. Aron that he would
be out of town on vacation. He stated that his request was that
the overall operation of the internal structure of the Town and how
we manage things be reviewed. He went on to say that he would like
to request that the Board not consider this action because he felt
it was premature to that discussion and that the Board postpone
Town Board Minutes 11 August 8, 1988
action until the Personnel Cannittee or the Town Board, in
executive session, can discuss the entire matter of the
organization of the way the Town is managed. He went on to say
that he did not have a specific (Objection to this but he felt it
was premature in relationship to his other question.
Supervisor Desch replied that he felt Councilman Cardman needed to
be a little more specific because this is getting to be a pretty
urgent situation. We knew a month ahead of time that the position
would be vacant so we want to go through and look at v^t the
changes in the job description should be and that's been done. The
Personnel Cormittee has approved the proposal. He stated that he
was very concerned that if we leave it vacant for probably vtot
would turn out be another six weeks to two months, that we are
going to be in big trouble closing books and getting budget
information. He asked how a delay on this might effect vdiat you
have on your mind.
Councilman Carxaman replied that in reading it quickly because he
had just gotten it this morning, it looked to him like some
rearrangement of administrative responsibility under this position.
He felt that appointing the title of Manager of Administrative
Services has seme ramifications in the way it is placed with the
other senior people of the Town and also the reporting structure to
the Board itself. He stated that he had not objections to fill
Connie's position as Connie's position but not Connie's position
redefined as he quickly read it here. He suggested that if there
was an extra Monday the Board could meet in executive session and
do that rather quickly.
Si:ipervisor Desch replied, the only change, and perhaps you have
picked it i:p is on page 2 \^ere it says sxapervise the secretarial
services of the Town including support to Engineer, Planning and
Zoning staff and the planning of Zoning Boaords and other areas as
assigned. Provide secretarial support for the Town Supervisor and
Town Board. These are the only changes. That's a streamlining
irtprovement that will offer seme opportunities that perhaps we have
not had in the past.
Councilman Cardman replied, that very well may be, however, he
wDuld like to understand more vtot the reporting lines are, how
decision are make, how policies are set, how are they carried out,
how can the Town Board become more involved in that, how can we
become more active in those processes and he felt this was an
opportunity to do that and my establishing this position it's
taking a step that we may have to undo or may want to undo in the
very near future.
Supervisor Desch asked if there were any other comments. He went
on to say that he was very concerned that a delay of a month will
do injustice to the vhole process of getting critical thing done,
including some borrowings that are coming up, as well. We are
pretty short staffed and he did not know that any changes that
would come out of any long process will have any effect on vhat is
proposed here.
Councilwcman Raffensperger asked Comcilman Cardman if he would be
willing, at this point, to have the position advertised with the
deletion of vtot is basically the only change in the position, that
is the administration section, so that the process could begin and
in the interim do the kind of overall examination of the structure
you have in mind?
Councilman Cardman replied, supervision on the second page?
Town Board Minutes 12 August 8, 1988
Councilwcman Raffensperger replied, as she understood the
Supervisor, that is the only difference dLn the job description
between the one that Connie had and the one that is being proposed.
Supervisor Desch remarked, the only problon he would have with that
is that if in the interview process the applicants could be made to
understand that there is the possibility that that could be added
in the short run then he would be ccmfortable with that.
Councilman Cardman replied, as long as no ccninitment was made to
them that that would happen. Any job is subject to e2^)ansion at
any time with the appropriate reclassification and the proper
upgrading of salary- But he would not want the applicants to be
lead to believe that they would be supervising these employees or
any definite canmitment at any time in the future. Councilman
Cardman stated that he shared the Town Supervisor conceims because
he understood the necessity of having people that are familiar with
the process on board to be able to close and open the books but any
person that we hire is not going to have that experience
immediately, he is going to have to be trained. He went on to say
that he thought that if we wait two weeks and in the interim maybe
Henry Aron with the help of the Personnel Committee he could get
seme of his questions and concerns to Mr. Aron and he could get
something so that vAien and if we do have a special meeting of the
Board, then we can move this thing along.
Supervisor Desch replied that he was not sure vtot communications
the two of than have had but the Personnel Committee has gone
through this in detail, so he had a problem with going back past
that point.
Councilwcman Leary stated that she was not able to attend that
meeting and, therefore, only two people from the Town Board had
attended the meeting. This is an important enough issue that it
might require the full Board with the Personnel Committee.
Henry Aron, Chairman of the Personnel Committee remarked that he
would like to clarify some things. Councilman Cardman requested an
overview and a discussion as to the structure of the \diole
personnel and sipervision and it's responsibilities, \diich the Town
adopted last year. We had a meeting last week, \toch was on the
agenda, but since you were not here we tabled that until the next
meeting vdiich will be held in September.
Councilman Cardman thou^t this was an opportunity to incorporate
this position restructure into that conversation so that he could
develop a better understanding of v^at the reporting structures
are, possibly make seme reccninendations on seme possible changes.
He just felt the Board should not move forward on this position, as
this time.
Supervisor Desch replied, that his assessment was that it was too
urgent to postpone and that he would move the resolution, as
proposed.
RESOLUTION NO. 222
Motion by Supervisor Desch; seconded by Councilman Bartholf,
WHEREAS, the vacancy in the position of Assistant Budget Officer
has suggested a review of the various administrative functions of
the Town, and
WHEREAS, the timing of such review is coupled with the overall
review of job descriptions, and
Town Board Minutes 13 August 8, 1988
WHEREAS, the preparation of the 1989 budget and close out a fiscal
matters for 1988 indicates the urgent need to fill the vacant
position,
NOW TFffiREPORE BE IT RESOLVED, that upon the recanmendation of the
Personnel Canmittee, the Town Board hereby modifies the job title
and description of the Assistant Budget Officer position to the
position of Manager of Administrative Services with no change in
the currently established salary range of $21,000 - $30,000, and
BE IT RESOLVED, that the organizational chart of the Tcwn be
modified in accordance with the change in job description, and
BE IT FURTHER RESOLVED, that the Tcwn Board authorizes the
advertisement to fill the vacancy.
(Desch, McPeak and Bartholf voting Aye. Nays - Raffensperger,
Leary and Cardman).
Councilvranan Raffensperger remarked that she would go back to her
original suggestion, that we can acccnplish several things by
authorizing the advertising of the position as it is presently
constituted with the understanding that during the interviews the
applicants will be made aware of the possible change in structure.
RESOLUTIOSr NO. 223
Motion by Councilwcamn Raffensperger; seconded by Councilman
Cardman,
RESOLVED, that the Town Board of the Town of Ithaca hereby
authorize the advertising of the position of Assistant Budget
Officer as presently constituted, and
FURTHER BE IT RESOLVED, that the Interviewing Ccwmittee will seek
persons with supervisory ability.
(Desch, McPeak, Raffensperger, Bartholf, Leary, and Cardman voting
Aye. Nays - none).
SALARy INCREASE FOR PARKS FOREMAN AND CLASSIFICATION CHANGE FROM
LABORER TO MECHANICAL EQUIHyiENT OPERATOR
RESOLUTIOJ NO. 224
Motion by Coiancilman Bartholf; seconded by Councilwcman
Raffensperger,
WHEREAS, the Town Highway Superintendent, following testing and
evaluation, has recommended the upgrade from Laborer to Mechanical
Equipment Operator of Mr. Joseph McCoy and Mr. Gene Redman, and
WHEREAS, the Parks and Open Space Planner, with the approval by the
Highway Superintendent, has recommended that the pay scale of the
Working Foreman - Parks and Open Space be conparable with the
Highway Department Mechanical Equipment Operator,
NOW THEREFORE BE IT RESOLVED, that upon the reconmendation of the
Personnel Canmittee, Mr. Redman and Mr. McCoy be reclassified to
Mechanical Equipment Operators with respective salary increase from
$7.00 to $9.00/hour and $8.50 to $9.00/hour, and
FURTHER BE IT RESOLVED, that Mr. Don TenKate be increased from
$7.80/hour to $9.00/hoiu:.
Town Board Minutes 14 August 8, 1988
(Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting
Aye. Nays - none).
APPOINTMEM' TO FILL TOWN BOARD VACANCY
Sijpervisor Desch remarked that the Board had received letters frcm
four people, Dooley Kiefer, Gloria Howell, and from the Republican
Party supporting Alfred DiGiaccmo and frcm the Democratic Party
supporting David Klein.
RESOLUTION NO. 225
Motion by Councilwcman Raffensperger; seconded by Councilman
Cardman,
RESOLVED, that the Town Board of the Town of Ithaca herel^ appoint
David Klein to fill the vacancy of Raymond Bordoni on the Town
Board for the remainder of the year.
Supervisor Desch noted that there was a suggestion that it would be
appropriate to interview the people v^o have e^^ressed an interest,
either through their party or not and he felt, since four people
had applied, it would be appropriate to do that at seme convenient
time in the near future.
9
Councilman Cardman replied, you mean before any vote or whatever?
Supervisor Desch replied, yes.
Councilwcman Raffensperger stated that she would be glad to
withdraw her motion and go for interviews. Councilman Cardman
withdrew his second.
Supervisor Desch suggested that the interviews be held at noon on
August 30th.
RESOLUTION NO. 226
Motion by Supervisor Desch; seconded by Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca will meet and
conduct interviews for candidates to fill the vacancy created by
the resignation of Raymond Bordoni for the remainder of 1988 at
noon on August 30, 1988.
(Desch, McPeak, Raffenspeirger, Bartholf, Leary and Cardman). Nays
- none).
The Board agreed to fifteen minutes for each candidate.
PUBLIC HEARING TO CONSIDER AMENDING THE TCWN OF ITHACA TRAFFIC
ORDINANCE TO PROVIDE FOR SIQStAGE ON DATES DRIVE
Proof of posting and publication of a notice of a public hearing to
consider amending the Town of Ithaca Traffic Ordinance to provide
for signage on Dates Drive having been presented by the Town Clerk,
the Supervisor opened the public hearing.
Sijpervisor Desch asked the Town Attorney if he had prepared the
draft ordinance?
Town Attorney John Barney replied that he was not sure the ball was
in his court or actually some vdiere else. He stated that he did
not think he had received the language yet.
Town Board Minutes 15 August 8, 1988
Supervisor Desdi replied, you may not have the language yet. He
asked the Town Engineer to describe the signage.
Town Engineer Flumerfelt replied, vtot we are proposing is stop
signs on Dates Drive at the intersection with the present road
where the traffic light is vhere you enter the hospital and a stop
sign at the north end.
RESOLUTION NO. 227
Motion by Councilman McPeak; seconded by Councilwoman
Raff ensperger,
RESOLVED, that the Town Board of the Town of Ithaca will meet and
conduct an adjourned hearing on September 12, 1988 at 7:45 P.M., to
consider amending the Town of Ithaca Traffic Ordinance to provide
for signage on Dates Drive.
(Desch, McPeak, Raff ensperger, Bartholf, Leary and Cardman voting
Aye. Nays - none).
Deborah Dietrich remarked that v^en the Board was looking at the
signage they might consider one of the intersections that is really
dangerous on Route 96 is near the Professional Building on Route
96, if you were to consider putting a one-^way sign in off Route 96
and have everybody exit to the road to Dates Drive v^ere they then
would ccme out at the light, it might be safer.
Supervisor Desch replied, ^that is a private driveway, that's the
problem. Getting the owners to agree to that is the problem.
That's been tried before, maybe it's time to try again. He asked
the Town Engineer to talk to Dr. Mitchell again about that.
Mrs. Dietrich noted a number of accidents there with the 55 MPH
zone there and even though you have a light before that people have
picked up speed and are going 55 MPH by the entrance/exit.
Supervisor Desch renarked that he thought that was 45 MPH now.
Mrs. Dietrich replied no, it's 55 MPH from the Mayers School up.
Supervisor Desch replied that the State had reduced the speed and
questioned v^y the State had not posted it yet. He felt that even
at 45 MPH there was a problem. He asked the Town Engineer to check
on this.
Town Engineer Flumerfelt remarked that on Danby Road, per our
request, the State did reduce the speed limit from 55 MPH to 50 MPH
but in our letter of request we suggested that the lower speed
limit apply until at least you got beyond the traffic lights by
Ithaca College but it changes as you go up hill. You are in a 40
MPH zone then it changes to 50 MPH just before the traffic lights
v^ch maybe we could talk to the State again about.
PUBLIC HEARING TO CONSIDER AMENDING THE TCWN OF ITHACA TRAFFIC
ORDINANCE TO BAN THROUQl TRUCK TRAFFIC ON HONNESS LANE
Proof of posting and publication of a notice of a public hearing to
consider amending the Town of Ithaca Traffic Ordinance to ban
through truck traffic on Honness Lane having been presented by the
Town Clerk, the Supervisor opened the pxablic hearing.
Supervisor Desch noted three letters frcm property owners all of
v^ich live on Honness Lane supporting the amendment or the adoption
of a local law prohibiting through truck traffic above five tons.
Town Board Minutes 16 August 8, 1988
Councilman Cardman noted that the County was doing a traffic study
and asked when the traffic study would be available?
Town Planner Susan Beeners replied that the traffic study would be
a modeling system viiich will better equip the County to have
Cornell and other evaluate traffic patterns and different types of
improvements, will be available in Septorber. What the time frame
for inprovement can't really be specified at this time. She went
on to say that it certainly would be the Board's decision as far as
vdiether you would want to defer this until sane future date but it
might be to a period that might not be satisfactoiry to those
residents along there.
Professor Nell Mondy stated that sane of her neighbors are in
Germany and sane are in Greece and Italy, etc., sane have written
letters and she would like to make a statement. Professor Mondy
went on to say that \dien she bought her house on Honness Lane she
bought it as a place v^ere she could sleep and vdiere she could live
in peace. In recent years they have had two developments in the
area but in addition we have trucks that cane different times in
the night. She stated that she had been awakened at 3:00 A.M., and
4:00 A.M., and then not be able to go back to sleep after being
awakened by the large trucks. In addition, at her house, she has
had her TV cable taken down about five times, she has been without
TV several nights because it has occurred different times of day.
This has been done hy trucks. She noted that her telephone lines
have been taken down three times, one time she was at hcme vhen it
happened and soimded as if the whole house was caning apart. At
that particular time, they took dcwn her lines and her tenants
lines. She was expecting long distance calls that night as so was
her tenants, the two lines got crossed and they were without a
telephone service for over a day at a very crucial time in her
life. Professor Mondy went on to say that in addition she has
developed a health problem and she and her Doctor are more or less
convinced that part of it is due to the dust. She stated that she
has never been allergic to anything. When this started, the trucks
were carrying dirt and they spill the dirt on Honness Lane. There
has been a lot a dust in the air, her window will show it. She had
to postpone painting her house once. The trucks carrying the dirt
are part of the problem and she is taking shots every week for this
and have been for over a year. She stated that she has really been
paying a price for this and woiild be very grateful to the Board if
they would give extremely thoughtful consideration to this. It
also bears down on her nerves v^en she doesn't sleep. She stated
that she has had to leave her house at seven in the morning and go
to her offices as she just couldn't take the trucks. They usually
start a little before 7:00 A.M. and then they are constant. In
recent weeks it has been scmevdiat better but she pleaded with the
Board, she was not alone in this. It is a very serious matter and
she and her neighbors would appreciate it if the Board would again
consider the petition they presented in April of 1986 with 39 names
on the petition.
Supervisor Desch asked if there were any questions on the
environmental assessment?
Councilwcman Raffensperger asked the Town Engineer if he would care
to comment on the environmental assessment as he had prepared it.
Town Engineer Flumerfelt replied, that the only pertinent comment
that he could make was that if the truck traffic is banned on
Honness Lane, the truck traffic is obviously going to take another
roate and that could be going out further on Slaterville Road and
making a left and going over Pine Tree Road or it could cause more
trucks to use a route through the City. Understand that trucks are
allowed to use any State numbered route or marked truck route in
Town Board Minutes 17 August 8, 1988
the City of Ithaca. He felt that after the Grandview Subdivision
work and Eastwood Ccnroons construction work is ccan[pleted that a lot
of the truck traffic would probably disappear but that he did not
doubt there were trucks at night using the road. They will have to
use a different route so in effect the problem will be shifted to
another area. The environmental effects will be lessened in one
area and probably increase in seme other areas.
Si:ipervisor Desch asked the Town Engineer for nunibers.
Town Engineer Flumerfelt replied that he did not have any numbers.
The truck counts made during the Richardson Study should be
available soon. He felt it would be scmeviiat helpful to have the
results of that study although he was not siure how the computer
modeling program will work in relation to simply trucks. It maybe
only applicable to automobile traffic and he was not sure yet
v^ether the program was going to be of use to us as far as v^t
happens to truck traffic vdien you close a certain link between two
places.
As no one else wished to speak for or against the proposed truck
ban, the Supervisor closed the public hearmg.
RESOLUTION NO. 228
Motion by Councilman Bartholf; seconded by Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca hereby declare
a negative declaration of environmental significance on the
proposed through truck traffic ban on Honness Lane.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting
Aye. Nays - none).
Councilman Cardman remarked that he still went back to the point
that he didn't doubt that there is an annoyance with the truck
traffic but he felt the Board needed to understand that if we
prohibit it on Honness Lane, if this Richardson Study is going to
give us any capability of being able to determine v^t problem we
are going to cause next, that we should take that time to do it.
Are we going to be back here in six months with another street with
the same request?
Supervisor Desch remarked that one of the problems was that the
City has more stop lights so the tendency is instead of continuing
up State Street hill and up Dryden Road is to shoot out East State
Street and up Honness Lane and turning left on Pine Tree to deliver
things to the P&C, the East Hill Plaza and Cornell, etc. He felt
the problem was going to be there no matter vtot data you get and
probably in terms of trucks it won't be fine tuned enough to enable
you to make any easier decision.
Councilwoman Leary asked if the Board would leam anything from the
new program being developed, the Traffic Circulation Stu<ty?
Town Planner Beeners replied that what that study should help the
involved agencies do, is to look at and probably come up with seme
kind of a master plan for circulation inprovements in the
north-south corridor. Informally in talking with other planning
staffs, the desired outcome has been a master plan that everybody
would be able to agree on showing a v^ole series of traffic,
transportation inprovements so that it was not looking at doing
something on one street and then it jumps into another street or
neighborhood and then this sort of a boomerang effect i^ch nobody
wants to really accept.
Town Board Minutes 18 August 8, 1988
Si:5)ervisor Desch remarked, frcm a planning standpoint we are seme
numbers of months away frcm having scmething definitive.
Town Planner Beeners replied, true. That is tirue, or it could be a
year or so.
Councilman Cardman remarked maybe the selling point is vdiat we are
doing is prohibiting truck traffic on a town road that by no means
is designed nor did the neighborhood expect it.
Professor Mondy remarked, we do have State Street which is a State
road and is so close by and is not out of their way, they are just
taking a shortcut up Honness Lane. So it really is not putting it
way over on scmebody else.
Councilwanan Raffensperger remarked that she thought that there was
no doiabt that the trucks that are on Honness Lane are there because
they are not using Dryden Road for a number of reasons. It's true
that in the Richardson Study and the ccmnittee that led up to it we
are ccramitted to cooperate with the City and specifically the
people on Dryden Road in an attempt to solve seme of our traffic
problems. She stated that she would be willing to go along with,
this at this point with the understanding that vAien the Richardson
Study if operative, v^en we have the means of getting the
information to see vhat we are doing, that the Honness Lane
neighborhood understand that at that time we are going to have to
look at the entire circulation picture and may have to reevaluate.
In the meantime, however, if the Board would accept it you would
have a little rest anj^ow.
Councilman Caiximan stated that he would be comfortable with that as
long as everyone understood that when we get seme information we
may have to reopen and look at the whole picture to solve the
greater problem and just because we doing a very necessary step
here it does not preclude this being looked at again.
Supervisor Desch added, that's true of Forest Home too.
LOCAL LAW NO. 8 - 1988
Motion by Councilman Cardman; seconded Councilman McPeak,
LOCAL LAW NO. 8 - 1988
A LOCAL LAW PROHIBITING THROUGH TRAFFIC OF TRUCKS, COMMERCIAL
VEHICLES, TRACTORS, TRACTOR-TRATT.RR COMBINATIONS AND TRUCKS IN
EXCESS OF FIVE (5) TONS ON HCMJESS LANE IN THE Km OF ITHACA, NEW
YORK
Section I
This local law is adopted pursuant to the authority of Sections
1660 of the V^icle and Traffic Law of the State of New York and
Section 10 of the Municipal Hcme Rule Law of the State of New York.
Section II
This local law is adopted in order to minimize the adverse irrpact
of traffic upon the Honness Lane ccnmunity and upon Honness Lane,
and in order to pixxnote the health, safety and welfaire of such
ccramunity.
Tcfwn Board Minutes 19 August 8, 1988
Section III
No through traffic of any truck, conmercial vehicle, tractor, or
tractor-trailer conbination, weighing in excess of five (5) tons,
shall be permitted on Honness Lane.
Section IV
A violation of this local law shall be a traffic infraction. Every
person convicted of a violation of any of the provisions of this
local law shall for a first conviction be punished by a fine of not
more than Fifty Dollars ($50.00) or by jjtprisonment for not more
than fifteen (15) days or by both such fine and imprisonment; for a
second such conviction within eighteen (18) months thereafter such
person shall be punished by a fine of not more than One Hundred
Dollars ($100.00) or by imprisonment for not more than Forty-Five
(45) days or by both such fine and imprisonment; upon a third or
subsequent conviction within eighteen (18) months after the first
conviction such person shall be punished by a fine of not more than
Two Hundred Fifty Dollars ($250.00) or by imprisonment of not more
than ninety (90) days or by such fine and imprisonment.
Section V
Local deliveries and pick-ups to and from properties located on
Honness Lane by vehicles otherwise prohibited from using said
highways by the provisions of this law shall not be prohibited
hereby.
Section VI
This local law shall be effective 10 days after its enactment or
upon the later erection or posting of signs or markings giving
notice of the restrictions contained herein.
Section VII
This local law shall not sipersede, but shall be in addition, to
any other local laws, state laws, or other law governing truck
traffic on Town roads including, without limitation, 1980 Local Law
Nurhber 2.
Sipervisor Desch called for a roll call vote.
Councilman Bartholf Voting Aye
Councilman Cardman Voting Aye
Councilwcman Leary Voting Aye
Councilman McPeak Voting Aye
Councilwcman Raffensperger Voting Aye
Supervisor Desch Voting Aye
Local Law No. 8 - 1988 was thereupon declared duly adopted.
PUBLIC HEARING TO CONSIDER A LOCAL LAW REZCNING A 15.86 ACRE
PORTION OF TCWN OF ITHACA TAX PARCEL NO. 6-24-4-14.2, LOCATED AT
1290 TRUMANSBURG ROAD, 48.86 ACRES TOTAL, FROM RESIDENCE DISTRICT
R-15 TO BUSINESS DISTRICT "B", AND WITH RESPECT TO THE PROPOSED
Town Board Minutes 20 August 8, 1988
REZONING OF A 12 ACRE PORTION OF SAID TAX PARCEL FROM RESIDENCE
DISTRICT R-15 TO MULTIPLE RESIDENCE DISTRICT
Proof of posting and publication of a notice of a public hearing to
consider a local law rezoning a 15.86 acre portion of Town of
Ithaca Tax Parcel No. 6-24-4-14.2, located at 1290 Truiiiansburg
Road, 48.86 acres total, from Residence District R-15, to Business
District "B", and with respect to the proposed rezoning of a 12
acre portion of said Tax Parcel fixan Residence District R-15 to
Multiple Residence District having been presented by the Town
Clerk, the Supervisor opened the public hearing.
Supervisor Desch stated that he would like to start off this public
hearing with the opportunity for the Board, for the first time, to
ask questions, if they so choose, of the developer. We will then
open up the hearing to questions faxm the floor. He stated that
the way he would like to do that portion of it is to alternate
first of all with a person v^o might wish to speak in favor of the
project, starting off with the people vdio live in the TOwn of
Ithaca and alternating with a person \^o might wish to speak
against. He stated that first of all he wished to hear frcm
persons vdio have not had a chance to speak in the past, then after
we have gone through that than anyone else vdio might wish to speak
in favor of or against.
Doria Higgins, 2 Hillcrest Drive remarked, seme of us v^o have
spoken in the past, for instance she had not spoken in the past
about issues she wished to address tonight, so she hoped she would
be given a chance to speak.
Supervisor Desch replied, you will have the opportunity to speak
vdiether it's tonight or in the future.
Councilman Cardman ronarked, a point of clarification, v^en we were
up on West Hill, he stated that he got the impression that v^en Don
Ellis presented his discussion, did he iirply that he had gone to
Syracuse and had seen or had access to conversation with people vdio
were aware of vAiat the State was going to reccnroend as far as the
Route 96 issue?
Town Planner Susan Beeners replied, yes he did. George Frantz was
at that meeting and it was reasonably, as far as the location into
the entrance into Kyong project and lining it with the ho^ital,
that was really the best judgement as far as compatibility with any
future interchanges by DOT.
Councilman Cardman replied, you mean to imply that the sketch of,
show me on the map v^ere 96 will intersect, vdiy don't we all know
that. If you know it, he would like to know it also.
Councilwanan Raffensperger added, she bet everybody would like to
know it.
George Krantz, Assistant Planner stated that at this moment, the
Department of Transportation engineers in Syracuse have three
alignments for the new Route 96 at the upper end of the highway.
The route will come up from Ithaca, it will either be a two lane,
possibly three lane with a climbing lane or possibly a four lane
divided highway. He showed a map with the three alignments, the
first one comes through the southern end of the parking lot and
would take out about a third of the parking spaces v^ch will be
moved around to the other side of the hospital. It will continue
up and join with the existing Route 96 approximately 200 feet south
of the Professional Building entrance. The old Route 96 will be
turned to meet the new Route 96, actually right v^ere Dates Drive
will meet it, so there will be a cross over intersection there with
Town Board Minutes 21 August 8, 1988
a traffic signal. The second alignment comes a bit further south
it takes out the existing residential units at the hospital and of
course it aligns just a little to the south of the first alignment.
The third proposed alignment comes and goes through the existing
Paleontological Research Institute and then adjoins Route 96
further south. Again, with all of these, the old Route 96 will be
curved to join the new highway at a right angle with a traffic
light.
Supervisor Desch remarked that the Town Board was on record as
approving these three alternatives.
Councilman Cardman ronarked, no matter vdiich one is recoratiended we
are not talking about a great distance of intersection on 96
anyway.
Supervisor Desch replied, right.
George Frantz went on to say that the Department of Transportation
engineers have no problems with an entrance to the proposed
cormercial developnnent at the point on the plan if the first and
second, the two north most alignments for 96 are chosen.
Councilman Cardman questioned, then the proposed intersection for
the development would be on old 96?
George Frantz replied, it would be on old 96, yes. It vrould be at
least 300 feet from the new intersection.
Councilman Cardman remarked, so what you are saying is we can
expect to see the first two alternatives and not the third?
Mr. Frantz replied, they are not ccraraitting themselves. However,
the third one creates an awful lot of problems. Number two and
number three create an awful lot of expense due to the e3q)ense due
to the cost of relocating the PRI elsev^ere.
Councilman Cardman speaking to Coimty Representative Deborah
Dietrich asked, you mentioned, v^en we were on West Hill, the
possibility or discussion that the County might be making sane land
available around the hospital for seme type of ccanmiercial
development.
County Representative Dietrich replied, that she did not say
ccramercial. It's no fmrther than it was a month ago, appraisals
have ccme in to the County but they are still private because they
have not been shown to the full Board nor accepted by the full
Board. We are aware of vtot the land is worth.
Councilwanan Raffensperger asked about the present buildings on the
site. She asked if they were being requested to be rezoned?
Supervisor Desch replied, part of it is ccmmercial and part is
residential. He then asked if her question was that the existing
building were in the cormercial zone?
Councilwoman Raffensperger replied, yes. She went on to say that
in something she had read the largest proposed structure is 80' x
70' X 30', she asked vdiat structure that would be?
Town Planner Susan Beeners replied that is the largest structures
on the general plan vMch was reviewed by the Planning Board.
Mr. Leathers added, in the front part. They are actually smaller
but vdiat we are saying is that that would be the largest.
Town Board Minutes 22 August 8, 1988
Councilwcman Raffensperger continued, scmev^ere in the
environmental assessment form it says the site is served by public
utilities, it isn't presently served by public utilities is it? It
has water but no sewer?
Mr. Leathers replied it has water but no sewer. The sewer is on 96
v^ich we would have to connect into.
Councilwcman Raffensperger stated that she also has a question as
to v^ether or not the multiple residence district is proposed to be
a first phase of more development?
Mr. Leathers replied, the actual phasing of the multiple residence,
the intention is to build one or two units v^ch would be part of
what you might call the first phase. The intention is to follow
that with construction of the rest. There has been no timetable
set for precisely how fast. It is not intended that all ten of
those buildings would be built simultaneously, in fact one or two
would be built and probably the existing v^t was the old bam
would be renovated along with one of the caimercial buildings as
part of that first stage of construction.
Supervisor Desch remarked, but you are talking about in all phases
of the multiple housing, you are talking about a maximum total of
sixty units.
Mr. Leathers replied, only sixty in total.
Councilwcman Raffensperger ronarked, now in the business, she
stated that she read in the resolution frcm the Planning Board and
it says "at such time as there might be application for developnent
of later phases in the Business "B" and Multiple Residence
District", she stated that she was just trying clear up v^at the
understanding was in that. What you are saying to me is that all
phases of the Multiple Residence will be only sixty units. Now as
far as the Business "B" is concerned, however, we do not have a
site plan for the entire possible development, is that right?
Mr. Leathers replied, we have a site plan for entire development.
There is that portion that is on the southern side of the entrance
road v^ch might in the future be used for future commercial use.
It it honestly a very limited space there, we are not talking about
extensive expansion beyond the 20,000 feet. The intention right
now is only building 20,720 feet.
Councilwcman Raffensperger asked, is the resolution for rezoning as
presently done, it does not restrict it, however, to 20,000 in the
future for all of the acreage?
Supervisor Desch replied yes it does unless you rezone it again.
Mr. Leathers added, yes it does, it restricts it to 20,000 feet.
Town Planner Beeners added, in the draft local law for this it
would restrict the ccmmercial to the 20,720 square feet and would
restrict it so that there would be no development south of the
proposed entrance road and there would be no more than the sixty
dwelling units in the multiple.
Councilwcman Raffensperger stated that the business confused her
the most because as she read the Planning Board minutes she sees in
the Planning Board minutes vdiere the Planning Board discussed it
with the Tbwn Planner and talked about the 20,000 square feet and
you clearly said, and maybe this was earlier in the process and it
has now been changed, that the potential for further ccmmercial
Town Board Minutes 23 August 8, 1988
developnent on that site was there and you considered it desirable.
She asked if she had misunderstood this?
Town Planner Beeners replied, yes she did report that there would
be roan for seme moderate e3q)anded ccramercial developnnent on the
site. There was seme discussion by the Planning Board as to
whether the actual area proposed to be zoned to Business "B" be
restricted so that, let's say you drew the boundaries of the
ccaiinercial area right through the center line of the proposed road
you would be leaving an area of about three acres, then south of
that proposed road and north of the substation on that parcel that
would remain zoned R-15. She went on to say that v^at she, in
trying to discuss this with the Planning Board, recotmended that
that small area between the substation and the proposed road would
not really be very suitable for R-15 developnent and that it might
be better to try to provide a larger area v^ch could provide
modest expansion of the ccmmercial area. Now v^t happened then
though was that the Board's sentiment was that the cotmercial
square footage should be limited at this time to vdiat is proposed
so that there would be the opportunity for both Planning Board and
Town Boai^d review at a later date if there was an application for
expansion, so that the Town Board would have the opportunity to
access really vdiat the need for that additional commercial was.
Councilwcman Raffensperger asked v^y rezone such a large piece, if
indeed v^t the developer is required to do in the future really
constitutes a rezoning. Planning Board - Town Board approval? Why
then rezone the vdiole piece now?
Mr. Leathers replied, the reason we had to put the package together
as we did is that first of all there is only six acres that we are
actually building on. The ten acres are given to many different
things, one is the existing house #iich is there vdiich is used as
the Doctor's office and would be zoned cotmercial, as its use is
now, a Doctor's office. That house happens to sit right on the
piece of property v^ere the adjacent lawns, parking lot, the old
little bam is naturally part of that. So it just makes sense to
take that v^ole area in because we frankly want that as a buffer
and we feel that would make a very nice green buffer on that side.
Then as you continue down to the south, caning down we felt that
that piece that was left just to the south of entrance road frankly
is not very good for residential. We felt that it should indeed be
part of the carmercial property and thereby the multi family in
middle serving as the buffer to the residential. So that was the
reason it was included in this even though it is essentially open
and not being used. We felt that by putting these generous buffers
in and landscaping then we could in fact achieve vhat we wanted,
v^ch was that quality and that more rural feeling then having it
very congested.
Councilwcman Raffensperger went on to question, the request was for
Business "B" and yet this is most often characterized as a
neighborhood shopping center, do you consider the category of
Business "B" as presently constituted in our Zoning Ordinance a
really appropriate classification for the kind of cotmercial that
you invision.
Mr. Leathers replied, we felt it was appmpriate. We feel that
most of the things we would want to do, in fact most of them, can
happen in the Business "B". The deli without the restaurant can
happen, a beauty shop, a flower shop, a drive-in bank, all of these
can happen in a Business "B". This is type of neighborhood
shopping we would have in there.
Town Board Minutes 24 August 8, 1988
Coiancilvonan Raffensperger asked the Town Planner if the Planning
Board had ever considered restricting the possible ccitinercial uses
to scamething less than the full menu of Business "B"?
Town Attorney Barney replied that he did not ever recall it every
being discussed. The Town Planner agreed.
Councilwcman Leary ronaarked, so that other piece of land that coxild
be used for expansion in the future, you say is just three acres?
Town Planner Beeners replied yes, it's between three and four
acres.
Town Attorney Barney replied, if it was left in it's present state
it would be R-15 and somebody, v^oever owned it, could walk in the
door with a subdivision plat that meets the R-15 requirements and
be autcm^-cally entitled to it. If it is rezoned to the Business
"B", in accordance with this local law, nothing can happen on the
parcel in the absence of Planning Board approval and Town Board
approval of the site plan. So, in a way you have a greater control
mechanism if it is rezoned than you do if you just leave it alone
as R-15.
Councilwcman Leary replied, so you are not planning on e:q>anding
necessarily but if you did and it were approved by the Planning
Board and the Town Board you are only talking about three acres
anyway.
Supervisor Desch replied, within the area not an additional three
acres.
Councilman McPeak asked, the exit that you are planning on Hayts
Road, now that's in Stage II or Stage III that's not in the plans
for the first Stage?
Mr. Leather replied, the iipper piece of property, there are no
plans to develop that. They have absolutely no plans in anyway and
the full intention, if it ever is developed, that it would be R-15.
It would stay R-15, it would always be R-15.
Councilman McPeak replied that he was just concerned about the
intersection of Trumansburg Road and Hayts Road and that he had
understood that the developer had planned on putting an outlet on
Hayts Road.
Mr. Leathers replied, if we did put a road in there, this was only
on the suggestion of seme people along in the discussion, honestly
we would consider that working with the Planning Board, but he was
not sure that was the most desirable thing to do. It was intended,
if anything, as an emergency access and there were other ways this
could have gone.
Councilman McPeak asked, then this was not number one in your
priorities?
Mr. Leathers replied, by no means.
Councilwcman Raffensperger stated that she would like to hear a
discussion of the safety of the access at the hospital road. She
went on to say that v^en she first heard this, that the road was
going to be right across frcm the light, she though it sounded
safe, but in going there she had asked herself v^ether or not it
really was a kind of safe access for commercial and multiple being
used by the hospital. She stated that she recalled the resolution
that we passed, discussing the need for the light there because of
the hospital traffic.
Town Board Minutes 25 August 8, 1988
Town Engineer Flumerfelt replied that he had to admit that he
hadn't studied that intersection in detail but he assumed that if
this plan is approved and the proposed entrance road is aligned
with the present hospital road that that traffic signal would have
to be modified or application would have to be made with the State
DOT to modify that traffic signal, probably. It could involve seme
intersection iirprovements, stripping, provision of turning lanes or
stripping to provide for such. Generally an intersection of this
type \»^ere you have a signalized control is felt to be on the safe
side as opposed to an offset intersection or two intersections at
that point. He felt that the cross intersection that is proposed
can be made to be fairly safe.
Supervisor Desch added, you would have seme grading to do,
obviously. Seme cutting as you go into there, a little bit. Work
the grade back so you have seme sight distance.
Assistant Town Planner George Frantz remarked, the hospital and
Biggs Catplex at this time generates approximately 1,100 in and out
trips per day. We could probably assume that 75% of them use the
traffic light and the other 25%, let say, go north off Indian Creek
Road. So there are about 800 vehicles per day entering and leaving
the hospital. At the peak hours, vdiich are between 7:00 A.M. and
9:00 A.M. and then 4:00 P.M. to 6:00 P.M. you could probably expect
maybe 100 to 150 vehicles per hour entering or leaving the
hospital. That's well within the safety limits for a traffic
device.
Councilwcman Raffensperger remarked, even with a left turn pattern?
Mr. Frantz replied, yes. Especially in the evening, there would be
a predcminately left turn out of the hospital.
mm Councilwcman Raffensperger asked if the hospital had carmented on
this proposal?
Town Planner Beeners replied, they received a copy of the proposal,
Bonnie Howell did, it was specifically directed thought at the
hospitals comments on the tank. The water tank. It was clarified
after that that the tank was not the hospital tank as it appeared
to be identified. So they were indirectly notified, they did see
the proposal. We have not had any response from then as far as
their reaction to the concept of this plan. We have had several
petitions received from staff at the hospital in support of the
project.
Councilwcman Raffensperger remarked, the hospital board did not
pass a resolution, it was her understanding they did, but it was
hardly of substance because her understanding was that they passed
a resolution that said they had insufficient information in vMch
to have an opinion.
Mr. Leathers replied, we met with the Buildings and Groimds
Ccninittee from the hospital and made a presentation to them
approximately a month and a half ago, and at that time they had a
few questions particularly relative to access. There was no
resolution from that meeting, it was an informational meeting.
tms, Supervisor Desch stated that he had a question for the Town
Planner. He went on to say that we have heard a great deal of
concern esqjressed by not only West Hill people, but people
generally, about the justification for the need for commercial and
multiple family development on West Hill. He stated that he felt
this was a central issue in the vdiole proposal. He asked the Town
Planner if she had any information that she could share with us on
that subject?
Tcfwn Board Minutes 26 August 8, 1988
Town Planner Beeners replied that she and George Frantz have been
looking carefully at the existing population in the area within a
radius of vhat would consist of about six to ten minutes driving
time, the way one would normally define a neighborhood shopping
center service population. And also at the population within about
a mile of that district. What it does confirm though is that based
on existing population and vhat could be cuinrently foreseen in the
near futiare as far as population growth goes, the 20,720 square
feet proposed of coaranercial space is need^ for neighborhood
service to get your minor routine grocery items and to provide seme
other services that you can get in Business "B". Looking at square
footage of commercial requirements for that population within that
area, it's a pretty close match so it is not really expected that
having that small size of ccnmercial would really induce any great
amount of residential growth. Another thing that has to be weighed
in this is that it is between two and four miles to any comparable
services and part of that involves going over two miles down
through the octopus to buy that loaf of bread or quart of milk.
She went on to say that as- far as the need for multiple residence
development, there have been studies that were done at the City,
that the Board is familiar with, and that have also been confirmed
by staff here that indicate that the Town of Ithaca, the v^ole
area, may need up to about 900 new dwelling units in Idie next few
years just to acccramodate the population growth, the decrease in
household size and also to try to inprove the residential vacancy
rate and bring it up from vhat is now aroimd 1 to 2% v^ich means
high rents in rental housing up to a level of around 5% v^ch would
allow for lower rents and better maintenance of rental property.
If you consider that 900 new dwelling unit needs, vhich has been
established, and also consider the great need for housing to be
moderately priced, especially v^en you are in an area v^ere there
is an employment center there of about 1,500 people, right around
the vicinity of this site, then the 60 dwelling units vhich are
proposed will be an extremely modest contribution. She went on to
say that if there were further questions about vhat she had just
stated she would be glad to turn it over to George Frantz to
sumnarize some of the numbers.
Edward Hollister, 173 West Haven Road stated that he felt the
project is worthy of consideration and should go through.
Athena Grover, 1486 Trumansburg Road remarked that we do have a
store a little over a mile from the hospital entrance that serves
food and has takeout. You can call and order your hot food and
they will bring it to you plus your loaf of bread and your jug of
milk.
Lennie Frances stated that he would like to speak positively for
the neighborhood center on the West Hill. He stated that he had
found in the past years that West Hill homes have sometimes been
very difficult to sell. This is just a point that he would like to
make and he finds that the reason might be is that the people that
would like to buy those want a small place to shop or do their
banking. He stated that he has heard these comments from a variety
of different people. Residents and visitors have to go elsevdiere,
sometimes to another township for any services at all. He felt
that considering this proposal we have an opportunity for a very
well planned West Hill development that happens to be
architectually designed rather than a helter skelter plan that
might dot the hillside with modular or mobile homes. There are a
number of business people in the conntunity and residents that would
welcome a chance to iirprove our community since we all use that
area, the hospital is obviously there. He went on to say that he
foiand in past meetings, that a lot of people v^o came to speak
positively were very much intimidated by the noisy and rude crowd
that shouted frcan their seats. He felt this was unfortunate. Some
Town Board Minutes 27 August 8, 1988
elder residents viio wanted to speak positively just were afraid to
speak up at all. He felt that if people wish to put their positive
energies in a public meeting they should think about the more
severe environmental issues, like the duitp where most of yoior crap
and garbage is towad to a totally other area. He went on to say
that he did not see very many of these people speaking up at those
seminars.
Rosaline Grippi, 423 East Seneca Street stated that she had gone to
Syracuse and looked at the transportation layout for Route 96 and
it seemed to her that at one point the new 96 met the old 96 in
front of the Kyong vhere we have our property and she had discussed
how this vhole thing was going to be routed and they would have to
go back on, she believed, the old 96 to get access to the
connercial area. Mrs. Grippi went on to say that they own the two
building inmediately to the north of the Kyong property. These are
two historic buildings vhich they have adopted for use as a
residence and studio vhile retaining the identity of the buildings
as a schoolhouse and a chapel. We want to bring these buildings to
the attention of the Board because she believed they have been
ignored in the discussion of the Kyong rezoning. Particularly as
the Kyong rezoning plan has ignored our property, she felt, and
have even failed to mention us vdiere it would be appropriate. For
exairple, in an Ithaca Journal letter, Mrs. Holmberg the Kyong's
lawyer, argues that there are few residences in the area mention
instead is made of the Biggs Complex, the Mayers School, the
nursing hone, the professional building and doctor's offices. Yet
the chapel and the schoolhouse, the schoolhouse is now a residence,
and v^ch has been a residence for nearly twenty years is within
150 feet and is contiguous to the Kyong project. This happens
frequently enough in documents sutmitted to the Town by Dr. Kyong
to make us suspect that it is purposeful. For example, she has a
copy of the draft resolution that has been prepared for the Town
Board for this evening, should they approve the Kyong Proposal, it
describes in deed like fashion the parcel to be approved for
Business "B". The reference to the property north of the
ccmmercial areas, and our, she thought, occupies nearly 200 feet of
that as the boundary for the ccmmercial areas is simply referred to
as premises now or formerly of the West Hill Cemetery Association.
In Part II of the Environmental Assessment, Kyong responds to the
environmental assessment inquiry of the inpact of his project on
the land and there his response is that subject parcel is adjoined
by the appiroxiraately 100 acres of land to the south by a cemetery
to the north and by the Tcmpkins County Hospital across Route 96 to
the east. Again, our property is assumed in the identification of
the area to the north as the West Hill Cemetery.
Mrs. Grippi went on to say that regarding another inquiry on the
projects inpact on historic and archaeological resources on that
site that is being proposed for rezoning or contiguous to the site
the Kyong response is sinply a reference to his historic site.
"The site includes a locally listed historic structure". No
mention is made of the neighboring chapel and schoolhouse yet our
two buildings are discussed and photographed on a book on West Hill
historic properties and a full page accoiint of it then appeared in
the Ithaca Journal. If Dr. Kyong does not recognize that this is
historic property that has to be considered, Syracuse does and the
Department of Transportation has the school and chapel listed in
their directory as historic properties, not to be touched. Like
wise in an environmental assessment inquiry, the same thing of
aesthetic resources. Dr. Kyong does not mention the chapel and
schoolhouse, they are xmique and unspoiled, instead he says because
of the locational advantages of the site including its adjacency to
the Biggs Center, the Tcmpkins County Hospital, the Trumansburg
Road Professional Building, etc., etc., and the West Hill Cemetery
no significant adverse inpact to esthetic resources or the
Town Board Minutes 28 August 8, 1988
character of existing land use is expected. She believed this was
purposeful. One can only believe frcm these responses that there
are no residents to the north, iinnediately to the north, no
historic property, no buildings in use, only the West Hill
Cemstery. This makes it convenient to think that there is no
immediate neighbor immediately contiguous to the property only the
cemetei:Y. Therefore, the Town Board need only consider the Kyong
property. We are R-15 now, we vehemently oppose rezoning. And to
rezone to a multiple housing district and a commercial district
seriously deprives us of the enjoyment and the use of the property
as we have used it and have enjoyed it and are enjoying it for
nearly twenty years. She stated that she wanted to ronind the
Board that zoning changes and she quoted fixm State Law must be
concordant with total planning strategy reflecting consideration of
the needs of the ccitMunity and there must be ccnprehensiveness of
planning rather than special interest and irrational adhoclary.
Not only is our position curious, that is the schoolhouse and the
chapel will be R-15 just stuck up next no other R-15 area but the
^ole plan, in her view, is curious. She wondered if the State
would consider a multiple district sandwiched between R-15 and a
commercial zone as iinrational adhoclary. The plan does not service
the public good, it helps Dr. Kyong make the most financially fran
his property. The multiple zone sandwiched between R-15 and a
conraercial zone is strip zoning not spot zoning but we would be a
spot zone. We are not talking here about a subdivision vdiere a
developer lacks road frontage and must worm traffic in and out, we
are talking of rezoning that puts a multiple housing district
between a commercial area and R-15 and leaves the comer property
conpletely isolated and that cannot stand. She stated that she
felt the plan was most curious indeed. She also stated that she
wanted to say that the prime responsibility of the Planning and
Town Boards, to cite frcm the booklet on zoning ordinance is to
promote the general welfare of the community and this encarpasses
the responsibility of overcrowding of land to facilitate
transportation, to secure safety from danger and she felt that
would mean to guard the hospital access, and to assure in making
reconmendations and decisions on rezoning that there is a need for
the proposed use in the proposed location and that existing and
probable future character of the neighborhood in vdiich the use is
to be located will not be adversely effected. To grant the Kyong's
request for rezoning is to turn over to the Kyong's your
responsibilities for fostering development in the interest of the
public good and for protecting the character of the area and its
future shape. It is to be esqjected that in an application for
rezoning, the financial aims of the developer will be placed in
arguments that might appear that the proposal promotes the public
good. So that regarding the rezoning of sixteen acres for
conmercial use Dr. Kyong states "we regard this location and
intersection, the hospital intersection, as the best point on West
Hill for satisfying the neighborhoods commercial needs". She
stated that she felt the public felt that this was an area that
should be reserved or abut the access to the hospital.
Supervisor Desch noted that he had received a letter from Mrs.
Grippi's attorney v^ich he presumed Mrs. Grippi would like entered
into the record, although we will not read it now.
Mrs. Grippi replied yes, that is perfectly fine. We remain
vehemently opposed to the plan but we will not allow just the
standing there of our paroperty.
The following letter, dated July 29, 1988 was received fran Robert
J. Clime, attorney for Mr. and Mrs. Salvatore Grippi, regarding the
rezoning of property at Hayts and Trumansburg Roads:
Town Board Minutes 29 August 8, 1988
"We are the attorneys for Mr. and Mrs. Salvatore Grippi vdio own a
parcel of land, vhich is irtproved by two buildings, on the
southwest comer of the intersection of Hayts and Trumansburg
Roads. As you know, there is an application to rezone property
immediately adjacent to my clients' property. That rezoning, as I
imderstand it, would allow the property to be used for commercial
purposes as well as for multiple housing.
clients are vehemently opposed to such rezoning for the very
reasons esqsressed by concerned residents in the immediate area as
well as concerned residents throughout the Town of Ithaca and
County of Tcmpkins. In addition, this plan will deprive my clients
of the present use and enjoyment of their land.
While they are strongly opposed to such rezoning, I have convinced
them that in the event the rezoning is affectuated, such rezoning
should embrace their property as well. In that connection, I call
your attention to the map of the area and ask that in the event the
Town Board reviews this rezoning application in the future that it
be made aware of my clients' position that any action in this area
by the Town Board embrace iiy clients' property as well."
Mrs. Grippi went on to say that the map included in the application
was incorrect, it shows 500 feet from Hayts Road to the beginning
of the ccmmercial area and actually it's less than 200 feet. She
then showed the Board the m^ that she was referring to.
Doria Higgins, 2 Hillcrest Drive stated that she would like to
quote from Robert Anderson vdio is considered by those in legal
community, familiar with planning matters, to be the foremost
authority in the county on zoning. "Homeowners have a right to
rely on the zoning that existed v^en they purchased their property
and to depend on zoning not to be changed except v^en change for
the public good." We do not see how you or anyone could argue that
such drastic rezoning as is being requested for the Kyong property
is for the public good. Increased traffic in neighborhood vhich
most certainly will result is not for the public good. The
assunption made to you by the Planning Department and by the Kyong
spokesman that tMs proposed rezoning will decrease traffic is
absurd on the face of it. Increased density, \^ch is a major
factor in the proposed rezoning is certainly not for the good of
the neighborhood. The argument has been presented to build a
shopping center on West Hill now will prevent greater sprawl in the
future. This argument is clearly defeated by the dreadful sprawl
between the Community Comers and Pyramid Mall and in any event, we
already have a very good shopping center v^ch is only five minutes
away from the hospital to Pete's, a grocery store, a liquor store,
a drug store, four restaurants and a drive-in bank so its a lot of
hooie to say we need a shopping center there. We need one perhaps
further out but we don't need one where the Kyong's proposed one
is. Many of us vdio live in this area have protested this plan with
its proposed break in zoning continuity. We oppose this plan and
any other plan which proposed such radical disruption of the
present zoning plan without presenting good solid reasons for such
disruption and we will in the future level the same valid criticism
at the proposed ccmprehensive plan if it also disrupts and
radically alters present zoning without good solid reasons. If the
new ccaftprehensive plan is just something to accommodate things like
^ the Chamber of Commerce building next to Stewart Park and to
accommodate the Kyong development then, she felt, you will have a
lot of solid opposition to it. It seemed to her and many others
here tonight that the vagueness of the Kyong plan makes it
impossible to decide if there are some aspects of it vMch might
possibly be viewed as contributing to the public good.
Town Board Minutes 30 August 8, 1988
Ms. Higgins continued, saying incidentially, to answer Mrs,
Raffensperger' s earlier question, at one point the hospital said
they did not have enough specifics to make a decision about the
Kyong plan but the decision they came to a month ago or two ago was
not to take a stand at this point. This was a decision on their
part, it was not just left hanging in the air.
Ms. Higgins continued, we still do not know exactly v^at the
Kyong*s are going to put on those 15,86 acres. Officials spokesmen
for the Kyong's speak in appealing sounding terms saying possibly a
deli, possibly a drug store, possibly a convenience food store,
possibly a drive-in bank, the possibly is in their written
documents presented to you. It is this kind of vague language
v^ich has led a number of hospital employees to endorse the plan
because they falsely assume there will be a restaurant for them to
rush to in their thirty minute lunch break. But as you know,
restaurants are not permitted under either the present or proposed
rezoning. She stated that she might add that all of the buildings
that have been referred to by Mrs. Holmberg in the letter that was
referred to by Rosaline Grippi are all permitted imder the
residential zoning that they are in, they are not seme kind of
ccramercial zoning in themselves. They are permitted under the R-15
that they are in. For all we know, this proposed ccmmercial "B"
center might not be a shopping center at all, it might end i:p being
filled with insurance offices. We know that the former drug store
in the professional building failed a few years back because of
lack of business and she stated that she has heard that the
operator of the beauty parlor now in that ccnplex is imhappy over
the present lack of business. A continuing nystery is the question
of vdiy the Kyong's are asking you to rezone almost sixteen acres to
commercial usage yet promising you, or their spokesman promising
you, that they plan to develop only 20,720 square feet. You need
more than generalities from the Kyong's or their spokesman or the
Town Planning Department in answer to this question. You need
responsible and convincing reasons before voting. She went on to
say, let me remind us all that \fdien the Kyong's were granted a
variance on February 27, 1985, two months before they purchased the
property so that Dr. Kyong could have his office there, no one in
our neighborhood objected, our lack of protest was in essence a
welcome to him. At that time, their lawyer Mrs. Holmberg speaking
on their behalf to the Zoning Board of ^peals said at least twice
to the Board that the Kyong's had no plans to develop or change the
rest of the land. In fact the minutes of that meeting quote Mrs.
Holmberg as saying the small parking lot behind the house "will not
even be blacktopped because Dr. Kyong does not want the area all
covered with backtop to detract fran it's beauty". Yet a meer year
or two later the Kyong's are asking you, the Town Board, to
radically rezone this land so that they can develop it ccmmercially
and so that they blacktop at least five acres of it for starters
and possibly more much later. This seems more than just a changing
of their minds. It could be viewed by seme as a betrayal of the
conditions under vdiich that variance was granted to them. In
conclusion, she stated that she and others were deeply concerned
over the increasing number of zoning changes by the Town of Ithaca
for seemly arbitrary reasons or clearly to acccmmodate development
at the expense of existing neighborhoods.
John Bowers, 1406 Trumansburg Road stated that he had seme
questions that he would like to ask perhaps the Planner and perhaps
the developer, he wasn't sure which. At the very beginning of Ms.
Beeners asserted, she had figures that showed the need or
demonstrated the need, for a ccmmercial development on this area.
He asked vbat were those figures? What is the nature of those
figures and vbat are they?
Supervisor Desch asked if they could be made available?
Town Board Minutes 31 August 8, 1988
Town Planner Susan Beeners replied that they could be made
available.
Assistant Planner George Krantz remarked, vrfiat we did this
afternoon was put together a lot of notes that we have been
collecting over the past couple of months. The figures we have are
for area basically West Hill fron Coy Glen north to Perry City
Road.
Mr. Bowers asked, figures of vhat?
Mr. Krantz replied, figure of population and households. Currently
there are approximately 677 households in the Town of Ithaca on
West Hill and about 215 in the Town of Ulysses south of Perry Cit^
Road east of Van Doms Comers Road and excliiding the homes along
Route 89. That comes out to approximately 900 homes. Using the
projected medium household size for the Town of Ithaca including
those homes in Town of Ulysses we estimate there are approximately
2000 people in that area and of that approximately 630 live within
one mile of the proposed Business "B" district. There are a number
of ways that Planners use to calculate the need for commercial
services. The Urban Land Use Institute estimates that a small
neighborhood oriented shopping center should contain about six
square feet of commercial floor area per resident. Another Planner
Stuart Chapin in his book Urban Land recommends about one acre of
commercially zoned land for each 1,000 residents. Chapin's one
acre per 1,000 residents equates to, given the Town's zoning
regulations, that limits the commercial floor area on the parcel to
approximately 25% of the parcels total gross area. The other 75%
going to parking, entrance and exit drives and buffer zones and the
likes so it comes down to about 10 square feet per resident. So
just given the current population, the methods that planners use
generally show that approximately 12,000 to 21,000 square feet of
commercial area would be an appropriate size development on West
Hill.
John Bowers asked if professional Planners take into account vhat
the residents of the area take to be the nature of the neighborhood
that they live in? Is that a criteria of vhether an area needs a
commercial development?
George Frantz replied yes, it's a value judgement.
John Bowers asked, how do you determine, have you determined there
is a need for commercial development in this area on the basis of
i^at the residents of West Hill want? And if so, how?
Assistant Planner Frantz replied that he had looked at a number of
things, including vhat the residents want and weighing that.
John Bowers asked, how have you determined what the residents want?
Mr. Frantz replied, one thing was through the petition \diich showed
that approximately 20% of West Hill residents are opposed to the
shopping center. There is a petition vMch he reminded Mr. Bowers
he had submitted, looking at that petition there were between 400
and 500 people v^o signed it.
Mr. Bowers inserted, over 500.
The Assistant Planner continued, stating that many of the people
vho signed the petition were not West Hill residents. They live as
far away as Freeville, Brooktondale, Newfield, etc.
Mr. Bowers inteannapted the Town Planner saying, but he wanted to
know how you determined how many people don't want, do want this?
Town Board Minutes 32 August 8, 1988
Supervisor Desch ronarked that he thought the Assistant Planner was
in the process of telling him, if he would just be patient.
The Assistant Planner continued, based on this petition we looked
at the residents frcan West Hill \itio signed the petition and they
represent approximately 20% of the residents of West Hill area of
the Town.
Mr. Bowers asked Mr. Frantz if he knew how opinion polls work? You
take a very small sairple and from that sanple you project a figure.
In any opinion pole, 20% would be an enormous number of people. He
stated that he really questions the methods, in this case.
Supervisor Desch suggested that the population figures and
forecasts be made available.
Mr. Bowers replied that he would be interested in these figures.
He went on to say that he really thought it was premature to even
be discussing this before these figures are made public. Mr.
Bowers went on to say, you asserted earlier and explained to me how
you figured out the need for ccmmercial area in a given area. You
quoted sort of average figures and stuff frcm theoretical planning
studies and vtot not, he stated that vtot he would like to know is
if v^ether or not you have ccnpared the population in this area
here with other areas of Ithaca and Tarpkins County?
Mr. Frantz replied, yes.
Mr. Bowers asked if those figures were available? Take for
exairple, have you looked at Cayuga Heights to see how many people
there are in Cayuga Heights and how far they are from a ccnmercial
area? Have you looked at other ccraparable areas like say South
Hill because he did not think we can just judge this in the
abstract ws have to look at the situation in Ithaca. Are those
figures available? Do we have ccraparisons of West Hill with other
parts of the Toipkins County area?
Mr. Frantz replied, yes we do.
Mr. Bowers asked vdien would they be available?
Mr. Frantz replied, you can stop in tcmorrow. Mr. Frantz
ccnmented, we are not working in the abstract here.
Mr. Bowers replied, that he might just add here, up until this
moment all he has heard are abstractions. He stated that he has
heard assertions on the part of the Planning Board that there is a
need but this is the first time in all four months since this
project was brought up that he has heard any specific figures or
heard reference to any specific figures.
Mr. Bower then remarked that he had another question vdiich he would
like address to the Kyong's and the developer. He then asked,
vdiere do you live? Where is your residence?
Mrs. Kyong replied, Cayuga Heights.
Mr. Leathers replied, Cayuga Heights.
Mr. Bower replied, so then you don't live on West Hill. He asked,
how would you feel about a neighborhood shopping center a couple of
thousand yards frcm you in Cayuga Heights?
Mr. Leathers replied, we are building a new house right now in
Lansing. wife is petitioning to get a neighborhood shopping
area there. We live about a mile and a half from Community
Town Board Minutes 33 August 8, 1988
Comers, we go there at least two or three times a day and we enjoy
it thoroughly.
Mr. Bowers replied, so you like living near a shopping center?
Mr. Leathers replied, very much.
Mr. Bowers replied, so you really like it, you enjoy it? You think
it good, right?
Mr. Leather replied, extremely appropriate.
Mr. Bowers continued, the residents of West Hill feel that they are
close enough to shopping centers downtown and they don't want one.
Mr. Bowers asked, how many cars do you estimate will be going in
and out of the Kyong project, per hour, per day, v^atever?
Town Planner Beeners asked Mr. Bowers if he did not already have
those figures available fran the things you have gotten in the
past?
Mr. Bowers replied, no.
The Town Planner replied, they are stated with this document here,
they are stated within the traffic impact report provided in the
booklet by the applicant, they are also discussed, as far as the
iirpact goes, in the Town Engineer's analysis of April 5th \^ch she
felt Mr. Bowers had access to as well. She stated that she thought
the main point here is
Mr. Bowers asked Mr. Beeners if she could give him a rough estimate
of the figures?
Mr. Beeners replied that she did not think that was relevant at the
present time. She informed Mr. Bcwers he could ccme in in the
morning. She stated that if Mr. Bowers was looking at the main
essence of the analyses of the traffic irrpact is, it's that under
the developnnent of the land that is proposed for rezoning for multi
and business, if that were developed as R-15 under the current R-15
as residences, that there perhaps would be a larger inpact of
traffic on Cliff Street and on the area then if it would be
developed in the lower density that is proposed at the present
time. You may review these statistics and if you will call and
make an appointment we can make then available to you tomorrow.
Mr. Bowers continued, so you don't have, at this point, just a
rough estimate of how many cars you think will go in and out of the
Kyong project, per hour, per day, whatever? He went on to say that
he was asking this for a specific reason.
Supervisor Desch remarked to Mr. Bowers that if he had those kind
of questions and others like it to write the Town Planner a letter
and she could respond.
Paul Sayvetz, 201 Elm Street stated that he felt it was a
miscarriage of public duty to schedule this public hearing in such
a small room. He felt that a lot of people might not have shown up
because they knew how small the room was. He stated that he was
opposed to the rezoning of this land to ccmmercial, or whatever the
ccmmercial zoning is that is being asked for. He went on to say
that he saw the demographics of the Ithaca area as being a heavy
concentration of jobs is in downtown Ithaca but generally to the
East of downtown Ithaca and this kind of development will be a
catalyst for a lot more residential development on the West side of
town vdiich primarily be composed of people v^o will work on the
Town Board Minutes 34 August 8, 1988
East side of Ithaca and vd.ll overload the street grid of the City
of Ithaca more than it is currently with a lot of ccamiuter traffic
every day and he felt it was irresponsible government planning to
encourage the more intensive growth on the West side of the lake.
The Chamber of Ccxnmerce promotes this area as a scenic tourist area
and he felt that the West shore, close into town, is part of the
important scenic beauty of this local area with it vineyards and
orchards and so on, and that you ^ould not encourage intensive
construction on that side of the lake.
George Vignaux, 1470 Trumansburg Road stated that he had spoken
before. He stated that he was unable to get into the meeting for
fifteen minutes after it started, his wife was unable to enter the
room until a half hour after it started and his son, vdio is also a
voter, has not yet been able to enter the room. The last meeting
that was held was held at the Mayers School. We filled the Mayers
School with citizens v^o were interested in viiat was going on. He
felt it was ludicrous that you scheduled this meeting in this roan
at this time knowing the response that you had at the last meeting.
He stated that he was still opposed to the project, there are many
other people vdio are unable to be heard because they can't get into
the room. He went on to say that he was appalled that you are
cutting of the speaking of people vAio are opposed to it and
limiting our time on it. He stated that if he had two minutes to
speak then he would like to relinquish the remainder of his two
minutes to Mr. Bowers.
Mr. Bowers asked, what use is going to be made of the bam? He
stated that the reason he was asking was because the house and bam
are now under a variance, they are not zoned ccmmercial. However,
under this new proposal the area that includes the house that is
being used for the Doctor's office and the adjacent bam will be
rezoned commercial. He stated that he wanted to know vdiat intended
use was going to be made?
Mr. Leathers replied, it's going to be put to exactly the same uses
that it is being put to today.
Mr. Bower asked, vMch is vdiat?
Mr. Leathers replied, doctor's offices and the bam will be left
just as it is for storage.
Mr. Bowers ranarked, but it could be used, at some future date,
under the rezoning for commercial development, is that correct?
Mr. Leathers replied, there is no intention to use that for
commercial.
Mr. Bowers went on to say, it was stated earlier that you said that
it wouldn't make sense, you are saying that you are only going to
use v^t is it 20,000 square feet or something for an actual
commercial space, right?
Supervisor Desch replied, that's the building space.
Mr. Bowers remarked, building space. And you said that it wouldn't
make sense not to zone the rest of the vdiole 15.8 parcel
commercial? And you said and the reason you gave for that was that
you would have to leave it residential and then somebody could come
along and ask for permission to put up residences on that area.
Point one, if you have no intention of making it residential then
we don't have to worry about that anyway and it would certainly
allay the fears of the public vdio are concemed that you might at
some future date expand in the v^ole area. And secondly, there is
an altemative, you can zone 20,000 square feet cotmercial and you
Town Board Minutes 35 August 8, 1988
can then simply donate or make over the rest of the land, vtot you
refer to as a buffer zone, to the Town, He stated that he wanted
to know vdiy, if your intentions are what you say they are you don't
do that, ^y do you insist on rezoning this v^ole 17 acre parcel
cotroercial?
Mary Poyer, 1435 Trumansburg Road stated that she was not good at
this, and she had heard a lot of the arguments against the proposal
and she kept thinking of things she would like to say for the
proposal vdien they are talking but now she couldn't think of them.
But she wanted the Board to know that she definitely was for it and
she felt it was a great idea and she thought our neighborhood could
use it.
Laura Holmberg, attorney for the Kyong's, stated that because her
honor was impunged she felt that she should respond. She stated
that vdien we asked for the variance for Dr. Kyong's office, they
were looking for office space for Dr. Kyong when the Goff property
came on the market and that's vtot they purchased it for. There
were no plans, they did not buy it with any foregone plan to
develop it and as Mrs. Kyong e^^lained early on in one of these
many hearings, that the idea came to her after she had had nurses
residing in the house before the office was ccnpleted and their
difficulty in finding suitable housing anyv^ere near the hospital.
And that was vhere the idea first came to her of trying to make
seme development and it grew from theire.
Supervisor Desch stated that the Board had two letters in support
of the project that he would not read but should be entered into
the record.
A letter dated Jime 8, 1988 fixM Karen Donovan, a resident of
Tompkins County, as follows:
"I am writing this short note to show my support on the West Hill.
The overall concept of Ccstmercial, Multiple Housing and Residential
shows careful and sensitive planning to benefit all that may do
business or decide to live in this new development.
I feel that this particular plan has many positive features
including - location, location, location, and a shot in the arm for
West Hill. Whether entering or leaving Ithaca on Cliff Street you
almost get the feeling you're driving through a deprived area. I
sincerely don't understand how seme of the biggest ccnplainers tell
us it will change their "beautiful neighborhood".
The Kyong project will add a touch of class and convenience to the
vhole area from Warren and Taylor Place past the hospital and up to
Jacksonville. Having a drive-in bank and seme cute little shops
will add some fun and ease the burden for those that live and visit
this area."
Also, a letter dated June 6, 1988 from W. Christianson, Uptown
Village, as follows:
"With so much controversy about the Kyong's development proposal,
as a former resident of West Hill (currently. Dr. Goodfriend's
office) for 7 years, I WDuld like to make a few comments.
As a former resident, I can't help wondering vdiy some residents
would be so against this development. Although I see their
concerns about over conmercializing that area with already
congested Route 96, I disagree with these residents' point of view.
While I was living on West Hill, I can't tell you how often I
yearned to avoid having to go through the "Octopus" for a few
things I need to pick up at the grocery stores or to go to the
Town Boand Minutes 36 August 8, 1988
bank. It seeans to me, the Kyong's proposal will not only provide
convenience to the local residents but, also it will eliminate seme
local traffic through the "Octopus". Furthermore, the Kyong's
praposal also seems to consider the local environmental irtpacts by
allowing more sufficient space for the businesses involved.
Although not everyone shares the same opinion nor same vision, I
believe the West Hill development is overdue and the Kyong's
proposal seems to provide the needs. Therefore, in spite of vocal
opposition of seme residents, I hope to see the respected board
manbers support this development as being in the best interest of
the West Hill ccmmunity."
Supervisor Desch then asked the Board how they wished to proceed.
He noted seme syirpathy about seme of the concerns about the size of
the roem and people who might be outside wishing they could speak.
Councilman Cardman remarked that he thought there were a couple
questions that were brought up that he felt he needed to know the
answers to. Is that map accurate and the method that you arrived
at your figures, Susan, is that 20% a solid number?
Supervisor Desch asked if it would be appropriate to adjourn the
hearing and schedule it for a special meeting in September and then
make a decision on the course of action we wish to take following
that meeting.
Councilman McPeak asked if the meeting would be held in a larger
place something like the Mayers School?
Supervisor Desch replied that he was thinking about Ithaca College
but he was not sure that would be available.
Councilman McPeak noted a problon with parking at Ithaca College in
September.
Supervisor Desch remarked that it was extren^ely difficult to hear
at the Mayers School. Let us look aroimd. He went on to say that
rather than set a place at this time, let's see vdiat is available.
Councilwoman Raffensperger stated that she would like to suggest
that if members of the public have specific questions they would
like to have answered by the staff in advance of the September
meeting that they present those in writing so that we all can
benefit from the questions you want to ask, we will see the answers
to those letters and that will give us information and give you
needed information.
Supervisor Desch added, as much in advance as possible of the
September meeting.
RESOLUTIC»J NO. 229
Motion by Supervisor Desch; seconded by Councilman Cardman,
RESOLVED, that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 7:30 P.M., on September 28, 1988 at a
place to be announced to consider a local law rezoning a 15.86 acre
portion of Town of Ithaca Tax Parcel No. 6-24-4-14.2, located at
1290 Trumansburg Road, 48.86 acres total, frcm Residence District
R-15 to Business District "B", and with respect to the proposed
rezoning of a 12 acre portion of said Tax Parcel frcm Residence
District R-15 to Multiple Residence District.
(Desch, McPeak, Raffensperger, Bartholf, Leary, and Cardman voting
Aye. Nays - none).
Town Board Minutes 37 August 8, 1988
PUBLIC HEARING TO CONSIDER A LOCAL LAW GOVERNING NOISE IN THE TCWN
OF ITHACA
Proof of posting and publication of a notice of a public hearing to
consider a local law governing noise in the TOwn of Ithaca having
been presented by the Town Clerk, the Supervisor opened the public
hearing.
As there was no one present wishing to speak for or against the
proposed local law, the Supervisor closed the piablic hearing.
RESOLUTION NO. 230
Motion by Supervisor Desch; seconded by Coimcilman Bartholf,
RESOLVED, that the Town Board of the Town of Ithaca hereby adjourns
the public hearing to consider a local law governing noise in the
Tcwn of Ithaca imtil 7:50 P.M., on Septoiiber 12, 1988.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting
Aye. Nays - none).
PERSONS TO BE HEARD
Leonard Lieberman, East Shore Drive discussed the problems he was
having trying to get his appeal on the Planning Board agenda.
PUBLIC HEARING TO CONSIDER A LOCAL LAW GOVERNING TAXI CABS IN THE
TOWN OF ITHACA
Proof of posting and publication of a notice of a public hearing to
consider a local law governing taxi cabs in the Town of Ithaca
having been presented by the Town Clerk, the Supervisor opened the
public hearing.
Mr. Richard Clapp voiced his opposition to the proposed local law
governing taxi cabs.
Supervisor Desch closed the public hearing.
RESOLUTION NO. 231
Motion by Supervisor Desch; seconded by Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca hereby adjourns
the public hearing to consider a local law governing taxi cabs in
the Town of Ithaca until 8:00 P.M., on September 12, 1988.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting
Aye. Nays - none)
PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TOWN OF ITHACA
ZCKENG ORDINANCE TO PERMIT DAY CARE FACILITIES IN RESIDENTIAL,
BUSINESS AND INDUSTRIAL ZONES IN THE TCWN OF ITHACA
Proof of posting and publication of a notice of a public hearing to
consider a local law amending the Town of Ithaca Zoning Ordinance
to permit day care facilities in Residential, Business and
Industrial Zones in the Town of Ithaca having been presented by the
Town Clerk, the Supervisor opened the public hearing.
Town Board Minutes 38 August 8, 1988
Town Attorney Barney stated that the Zoning Ordinance is going to
say that \je will allow up to basically eight childiren without
special approval and anything over eight requires special approval.
Supervisor Desch stated that he felt Ms. Dillon wanted the word
family instead of groi:^).
Ms. Dillon replied, that's the problem.
Town Attorney Barney replied, that vhat he failed to understand was
vdiat eairthly difference does it make v^ether our definition is the
same as the Department of Social Services, except in the one area
vdiere we cannot prohibit and we have to accept their definition.
Ms. Dillon replied that there is already confusion in peoples minds
v^ien they go to the Town to find out if they can have day care.
Sometimes in the past they have been called a center and those
rules have applied against them. If you are going to take the time
to redefine things to make them easier for people she felt the
definitions should be as consistent as possible.
Councilman Cardman remarked, for the sake of time he would like to
make a suggestion that this debate happen at the ccanmittee level so
that vdien it comes back all will agree.
Town Attorney Barney replied, it happened, that's v^y we are here.
We have been through this debate four times.
Councilman Cardman replied, but he heard some confusion on the
definition.
Town Attorney Barney replied, we have gone through this debate for
about a year.
A lady in attendance asked if she could speak as someone v^o did
develop day care vdiioh is currently in the Town of Ithaca? At the
time that our group family day care evolved into a day care center
vMch is currently located on West Hill in the Town of Ithaca. We
spent a lot of time going back and forth with the folks at the day
care council trying to get those definitions straight. What are we
at this point? How can we make sure our insurance is good every
step along the my, and so on and so forth. It would be very
helpful to the people v^o care for kids to have one definition to
deal with as far as this is what I am, be it a family day care
hcme, a group family day care hcme, a day care center vtotever that
is. She felt it would be very very confusing for people to find
that they were a group day care facility to the Town but they were
a family day care to the State. Going through that terminology is
very difficult and as someone vdio almost gave up on it two or three
times, having that kind of confusion would have made a difference.
Councilwcman Raffensperger remarked, vtot you want is a family day
care home, am I right?
The lady replied, right.
Councilwcman Raffensperger asked if the Town Attorney, vtot if ve
have a group day care facility, at defined in parenthesis, defined
in vdiatever it is that your definitions come from as a family day
care home?
Town Attorney replied, the problem is that the regulations may
change, the definitions may change, all we are concerned about
basically is nimibers. If we say its defined that way now, their
numbers may be 6, they may be 8, or 10 the next time around. What
we are attempting to regulate here basically is a cut off point
Town Board Minutes 39 August 8, 1988
where we ooroe forward. In effect vdiat we have done is ccambine
maybe two of your facilities, they are using group family day care
home and vdiat ever the terminology is for sanething outside of the
home. But again with the cut off point being eight children.
Ms. Dillon replied, anything outside of the home, taking care of
children for hire, is consider a day care center.
Councilman Cardman asked, the Ccmmittees concern and the concern
here is the number of children that will impact on a neighborhood
before the neighbors should be consulted?
Town Attorney replied, before it has to come before seme board of
the Town.
Councilman Cardman remarked, this seems to be a reasonable concern.
He asked how can we maintain that but yet give them a standard
definition?
Town Building Inspector/Zoning Officer Andrew Frost remarked, the
bottom line is that a phone call will cane to my office, v^at can I
have in terms of day care? You then ask, are you going to have
eight kids or nine kids. The response is eight kids. No problem
go to DSS and get your license. He felt that the discussion was
really carplicating the issue more than necessary. If someone
comes in and say they want to have day care for 9 children, quite
personally he felt that they will drop it to 8 kids to avoid going
to the Planning Board or the Zoning Board.
Ms. Dillon remarked, you have just discouraged day care.
Mr. Frost replied, if they want to pursue it then they sitrply go to
the Planning Board, go through the site plan approval.
Councilman Cardman ranarked that he did not think the intent was to
discourage day care.
Town Attorney Barney replied, right now day care is prohibited in
the Town. We have an exclusionary ordinance viiich say thou shall
not do anything except vdiat is authorized and day care is not
authorized.
Councilman Cardman replied, but we are are attenpting to authorize
it.
Town Attorney Barney replied yes, that's viiat this is attempting to
do.
Supervisor Desch asked, how serious of a problem would it be if we
adopted this the way it is, would it make things more difficult
rather than simpler?
Ms. Dillon replied that she thought so, yes.
Supervisor Desch replied, then from your recormendation we ought to
postpone it until the differences are rectified.
Ms. Dillon replied that she felt it was important.
Supervisor Desch remarked, so if we adjourned it indefinately and
then try to get Ms. Dillon and the ccnmittee and the attorney to
iron out the differences.
Mr. Frost remarked to Ms. Dillon, you are in effect asking for 12
children without any regulations?
Town Boaard Minutes 40 August 8, 1988
Ms. Dill replied that she was not even arguing about that, she
understood that debate, if you want to stick with 8, she had her
views on it and that was fine but she just wanted the definitions
consistent. That seems very siitple and she wished it could be done
tonight.
Town Planner Beeners suggested sane alternate terms for number 41.
A Group day care facility is a family day care home, day care
center or other establishment licensed by and keep the rest
the same so that your day care center has that number of no more
than 8 kids would be included in that definition of number 41 and
then in the nimiber 43 definition of day care center it woxild
specify that it be for more than 14 kids.
Councilwatian Raffensperger remarked, the cormittee made a big
effort with a lot of material we received with definitions and
letters fron people vho provide day care to bring this to you
tonight in a form that we thought was satisfactory to day care
catiraunity and to the canmittee, etc. If that is not the case at
this point she really felt it should go back to the canmittee and
ask people to cane and es^lain to us more clearly their needs and
desires.
Town Attorney Barney stated that he would like to make a
reccmnendation that the Board go ahead and adopt it in the form
that it was submitted. We can always amend it, we can continue the
dialog. Right now the Town of Ithaca does not have permissive use
as a day care facility under any definition, whether it's the
Department of Social Services, our definition or anybody else. If
we adopt it at least it's authorized and the Building Inspector can
say if there are 8 kids there he doesn't have to take any action.
If scmeone is running a day care facility, of any sort, technically
right now it's probably in violation of our zoning oi^inance. At
least we have put that in place, it doesn't mean the dialogue has
ended, we can continue to talk about it and hopefully cane 1:5) with
scmething that everybody can live with.
Ms. Dillon asked, what does that mean with the packed agenda here
and it looks like it will be for months, vhat does it mean to do dn
amendment? She stated that she really felt it was inportant. We
have sane start up funds fran State, these kinds of things get in
the way of that.
Henry Aron, Chairman of the Zoning Board of ^^jpeals stated, we have
been wrestling with it for over a year now. We took Ms. Dillons
ideas on advisement and we came up with those recarmendations.
However, if we struggle today as to vhat definition you are going
to use, the day care facilities as to Zoning Ordinance vhich we
have today for those don't have day care centers and don't report
to or don't get any permission from the Zoning Officer are in
violation and vMle you are adjourning it, the further you adjourn
it the more often it will be in violation. He stated that he
agreed with the Town Attorney, that we shoxild pass this law and
then take the definitions up after because the definitions are not
as important, in his opinion, as being allowed to have day care
centers in the Town of Ithaca.
Councilman Cardman stated that he thought it was iirportant that it
be known that the Town Board was willing to continue the discussion
of the definitions so that the job of establishing centers is not
made more difficult but the Board's purpose here is to get vAiat
centers in the past will then to be legal in the Town immediately
and if there is a problem with the definition and he stated quite
frankly the terms day care home, day care facility the way you were
throwing it back and forth he was lost. He stated that he did not
know v^ere it ended up.
Town Board Minutes 41 August 8, 1988
LOCAL lAW NO. 9 - 1988
Motion by Councilman Cardman; seconded by Councilman McPeak,
LOCAL LAW NO. 9 - 1988
A LOCAL LAW AMEINDING THE TOWN OF ITHACA ZOJING ORDINANCE TO PERMIT
DAY CARE FACILITIES IN RESIDENTIAL, BUSINESS AND INDUSTRIAL ZONES
The Zoning Ordinance of the Town of Ithaca as readopted, amended,
and revised effective February 26, 1968, and subsequently amended,
be further amended as follows;
1. Article I, Section 1, is amended by adding four new
Subdivisions, to be Subdivisions 40, 41, 42, and 43 reading as
follows:
"40, A 'day care hcme' is a facility, hcme, or other
establishment, other than a school, at vdiich day care is
provided for hire for up to three children under the age
of sixteen years.
41. A 'group day care facility' is a facility, hcme, or other
establishment licensed by the New York State Department
of Social Services or certified by the Tcmpkins County
Department of Social Services, other than a school, at
vhich day care is provided for hire for more than three,
but no more than eight, children under the age of sixteen
years.
42. A 'group family day care home' shall have the definition
set forth in Section 390 of the Social Seirvices Law of
the State of New York, Subdivision 13 (a) and shall be
licensed by the New York State Department of Social
Services, or certified by the Tcnpkins County Department
of Social Services.
43. A 'day care center' is a facility, hcme, or other
establishment licensed by the New York State Depairtment
of Social Services or certified by the TcffrpkdLns County
Department of Social Services, at \^ch day care is
provided for hire, and which is not a school, day care
hcme, group day care facility, or group family day care
hcme."
2. Section 3C is amended adding three more subdivisions to be
subdivisions 4, 5 and 6, reading as follows:
"4. Day care hcmes.
5. Group day care facilities and group family day care hcmes
upon special approval by the Board of Zoning Appeals
pursuant to Section 77, Subdivision 7.
6. Day care centers upon special approval of the Board of
Zoning Appeals pursuant to Section 77, Siabdivision 7.
The application for such approval shall be referred to
the Planning Board and no final action shall be taken
until the Planning Board has approved the site plan for
the center and sutmitted its report or has failed to so
act within 30 days of receipt of all required
information."
3. Section 4, Subdivision 4, is amended to read as follows:
Town Board Minutes 42 August 8, 1988
or"4. Public library, public itiuseum, public, parochial
private school, nursery school, day care center,
fraternity or sorority houses,..."
4. Section 4 is further amended by adding two more subdivisions
to be subdivisions 18 and 19 reading as follows:
"18. Day care homes and group day care facilities.
19. Group family day care hones i:pon special approval by the
Board of Zoning ^^peals pursuant to Section 77,
Subdivision 7."
5. Section 11, Siabdivision 4, is amended to read as follows:
"4. Public library, public rauseimi, public, parochial and
private schools, day care center, nursery school, and any
institution of higher learning including dormitory
accommodations, upon special ajproval..."
6. Section 11, is further amended by adding two new subdivisions,
to be subdivisions 11 and 12, to read as follows:
"11. Day care homes and groi:^ day care facilities.
12. Group family day care homes upon special approval by the
Board of Zoning i^^als piarsuant to Section 77,
Subdivision 7."
7. Section 18, Subdivision 4, is amended to read as follows:
"4. Public library, public museum, piablic, pafochial and
private schools, day care center, nursery school, and
institution of higher learning including dormitory
accommodations, upon special approval..."
8. Section 18 is further amended by adding two additional
subdivisions, to be subdivisions 17 and 18, to read as follows:
"17. Day care homes and group day care facilities.
18. Group family day care homes upon special approval by the
Board of Zoning T^peals pursuant to Section 77,
Subdivision 7."
9. Section 27 is amended by adding three new subparagraphs to be
subparagraphs 4, 5, and 6 reading as follows:
"4. Day care home or group day care facility.
5. Groi:^ family day care home upon the special approval of
the Board of Zoning Appeals in the same manner as if said
building was located in a Residence District R-30.
6. Day care center upon special approval of the Board of
Zoning i^peals pursuant to Section 77, Siabdivision 7.
The application for such approval shall be referred to
the Planning Board and no final action shall be taken
until the Planning Board has approved the site plan for
the Center and submitted its report or has failed to so
Town Board Minutes 43 August 8, 1988
act within 30 days of receipt of all required
information."
10. Section 36 is amended by adding a new subdivision, to be
subdivision 5, reading as follows:
"5. Day care centers upon special approval of the Board of
Zoning l^jpeals pursuant to Section 77, subdivision 7.
The application for such approval shall be referred to
the Planning Board and no final action shall be taken
until the Planning Board has approved the site plan for
the center and submitted its report or has failed to so
act within 30 days of receipt of all required
information."
11. Section 43 is amended by adding a new subdivision, to be
subdivision 5, reading as follows:
"5. Day care centers upon special approval of the Board of
Zoning i^peals pursuant to Section 77, subdivision 7.
The application for such approval shall be referred to
the Planning Board and no final action shall be taken
until the Planning Board has approved the site plan for
the center and submitted its report or has failed to so
act within 30 days of receipt of all required
information."
In the event that any portion of this law is declared invalid by a
court of ccnpetent jurisdiction, the validity of the remaining
portions shall not be affected by such declaration of invalidity.
This law shall take effect ten days after its publication, pursuant
to applicable provisions of law.
Supervisor Desch called for a roll call vote.
Councilman Bartholf Voting Aye
Councilman Cardman Voting Aye
Councilwcman Leary Voting Aye
Councilman McPeak Voting Aye
Councilwcman Raffensperger Voting Aye
Supervisor Desch Voting Aye
Local Law No. 9 - 1988, was thereupon declared duly adopted.
Councilwcman Leary stated that there was just one thing she wanted
to clarify on the taxi business. She asked if it was the sense of
the Board that this is desirable if we can legally include Cayuga
Heights?
Supervisor Desch replied, if the Village Board agrees with us. He
felt that v^en we find out that there is a mechanism to do it we
should irnmediately inform Cayuga Heights because they have
interest, obviously.
Town Board Minutes 44 August 8, 1988
Councilvonan Leary remarked, everybody thinks it's an okay idea
then? She stated that she sensed a kind of reluctance on the part
of the Town Attorney.
Tbwn Attorney Barney replied, no it is just the legality of it.
Councilwanan Leary went on to say that she thought it might be a
good idea to include Mr. Clapp in and have another meeting of the
Ccnmittee in the next couple of weeks to fine tune the faiBs. She
went on to say that the point is that the Ccanmittee has been
operating without a chairman since the resignation of Ray Bordoni
and she stated that again she would like to ask to be officially
appointed as she had really been doing the phone calling, etc.
Supervisor Desch remarked, consider it done.
Supervisor Desch noted that there were other persons v^o wished to
address the Board.
Peter Maskell, stated that hopefully he would soon be a resident of
Woolf Lane. He noted that in the beginning of the meeting Town
Engineer Flumerfelt had a resolution in his hand, or somebody
around here did, about adopting a road that Timothy Ciaschi is
bxiilding. He stated that he did not see it on the agenda and his
hopes were that it is going to be voted on tonight because there
are a couple of mortgages hinging on that and without a certificate
of occupancy, without that road deed it can't happen.
WOOLF LANE AOCEPTANCE
RESOLUTION NO. 232
Motion by Supervisor Desch; seconded by Councilman Cardman,
WE3EREAS, Tim Ciaschi has substantially ccnpleted construction of
the extension of Woolf Lane in Westwood Hill Subdivision together
with water and sanitary sewer mains, culverts and related storm
drainage irrprovotients with the exception of the storm water
detention pond, per his agreement with the Town of Ithaca dated
October 7, 1987, and
WHEREAS, Tim Ciaschi proposes to furnish a maintenance bond
insuring coipletion of the storm water detention pond as well as
correction of any defects or deficiencies in the construction of
the aforonentioned itrprovonents for a one year period following the
date of acceptance of same by the Town of Ithaca and any other
requirements of the aforementioned agreement made with the Town of
Ithaca,
NOW THEREFORE BE IT RESOLVED, that the Town of Ithaca accepts said
Wbolf Lane as a Town Highway subject to receipt of the above
mentioned maintenance bond and deed and marketable title for the
highway lands satisfactory to the Town Attorney and subject to
final inspection and approval of the roadway construction by the
town Engineer and Town Highway Superintendent.
(Desch, McPeak, Raffensperger, Baortholf, Leary and Cardman voting
Aye. Nays - none).
KLONDIKE MANOR AND OPEN SPACES
Supervisor Desch noted that this was not a public hearing and the
Board had a draft resolution frcm staff for that iten. We also
have a written statement fran the Juniper Drive people with seme
Town Board Minutes 45 August 8, 1988
suggested changes to the road alignment which he believed all have
received.
Councilman Raffensperger remarked, speaking to the Town Planner, in
addition to the draft resolution we have before the ccanmunication
fran the Juniper Drive neighbors for the alternative location of
the public utilities, that is, roads and the park site. She asked
her to ccrament for the Board your inpression of this proposal.
Town Planner Beeners replied, let me mention seme of the background
of the Planning Board meeting on the 19th. In describing the
Collegeview Lane offset in the plat that the Planning Board
approved with several conditions, the basis of that was there if
Spruce Way became essentially a dead end street with limited access
to the land across the way, the Rapponi land, behind that then that
type of an offset intersection could be acceptable. In addition
there was a requirement that in adding to that arrangoment of an
offset Collegeview Lane intersection, the entire scheme of things,
and extension should be provided through into the Sincebaugh
property into the north. She stated that she felt, as the Board
realized, prior to this a couple of months ago a proposal, in v^ch
she and the Town Engineer saw equal merits as far as an alignment
opposite Spruce Way, was reviewed by this Board although there was
no action taken.
She went on to say that vtet she had received today, a copy of the
recairoendations from the Juniper Drive Association. It seems to
address seme concerns that did ccme up on the 19th. Residents in
the Juniper Drive area, were concerned with usability of open space
with the parcel being approved by the Planning Board as being one
that you could get off after using the bikeway along the NYSEG
right-of-way. In fact there were two small parcels vdiich would be
wayside stops along the trail. What they have shown in this plat
that they have submitted shows a park site that will function a
little better as far as the topography of it goes and it also
provides buffering for the established properties along Juniper
Drive. She felt that the initial preference, as they had
recommended to the Planning Board was opposite Spruce Way.
Essentially she felt that the suggested plat that the Juniper Drive
Association has presented to you does have seme seme merits as far
as the opposite alignment, the function of the park site for both
play and buffer and also provides for an extension into the
Sincebaugh lands, that the Planning Board had requested. She
thought that vtot was semevtot difficult was the timing, and she
felt everybody would agree, the developer has been in this process
for a good amount of time and that there is a need to move on and
make seme decisions.
Supervisor Desch replied, he felt the question was do we have any
idea if the developer has seen the Association proposal?
Ms. Beeners replied, that I don't know. She believed there were
seme attenpts to contact the developer.
Supervisor Desch replied, v^t we have officially before us is a
recoiitiendation from the Planning Board. Whether or not that
reccsimendation is acceptable we don't know. He went on to say that
he did not know if there was anyway for the Board to address the
Association's proposal until it has gone through the Planning Board
process as the other have. However, v^en you superirrpose one on
top of the other there is not a very major difference, the
difference being near the intersection with Coddington Road. When
you look at the entire record of this matter you see the pluses and
minuses of all the different schemes. But the minuses seen to have
diminished considerably vdien you look at these two proposals
together. The Supervisor stated that he would like to hear
Town Board Minutes 46 August 8, 1988
c!oninents frcm the Board on the resolution before us and how that
may relate to vdiat the Association would like to see in terms of
changes, hopefully ccmbining the two so that there is a way to
acccnplish the objective.
Councilwcaman Raffensperger asked, the alignment of Collegeview with
Spruce Way is sonething, as far as she could figure out in our
prior discussions, the v^ole Town Board had bought on to as, partly
because it was reccannended and partly because in reading the
material it seemed to be the safest alignment, so that alignment is
something tonight the Town Board could say to the Planning Board we
prefer that Collegeview Drive be aligned into Spruce Way and we
prefer that the dedicated open space first of all be appropriate
for recreational use and as much as possible it be used to provide
a buffer to the residential neighborhood of Juniper Drive.
Supervisor Desch replied, the problem is that vdien that proposal
came before us the Board voted against it because of a number of
things, one being the number of variances on lots that wculd be
required. It means then that there is a change of heart if you go
back to consideration of that in that fashion.
Councilwoman Raffenspergef replied, if there is any possibility
that this v^ole long drawn out process can be resolved in seme kind
of a satisfactory way she felt it was very foolish at this point to
say that we absolutely must decide to put a stairp of app3x>val on
either one of these toni^t. She felt the Planning Board ought to
have the opportimity as well as the developer in the neighborhood
to continue to work together. That process cannot go on much
longer, she felt that was very clear.
Supervisor Desch replied that he felt the developer has to have the
opportunity to say vdiether the Association plan is scmething they
are interested in developing or not.
Councilwcman Raffensperger remarked that she felt that was true.
Lawrence Fabbroni, engineer for the developer stated that he felt
this was highly out of order. The first attempt that the
neighborhood made to contact us with the better suggestion was
Saturday through a phone message vrfiich he received. He felt this
was highly inappropriate and felt it should have been directed to
the developer, so he did not answer that phone call. But to wait
this long, after we had our meeting, to present this at the
eleventh hour basically after everything we have been through. He
stated that he has not even seen the plan that the Board was
talking about and neither has Mr. lacovelli. You are standing up
here talking for ten minutes about scmething we don't know of
period. We have been through many, many plans and configurations
and he distinctly remember, although you didn't discuss the matter
very much the first time he came to you, you asked for lots that
backed onto lots on Juniper Drive, we essentially came back with
that. Whether you did, directly or indirectly, that was asked for.
Now if you even look at this configuration in two seconds with all
the discussions we have had on \miform lots, lots that need
variances, lots that need zoning, lots that are in a configuration
to meet all those requirements, lot 6 can't meet that. It's
questionable in his mind without measuring whether lots 12 and 13
can meet that. We have been around in a circle with the Planning
Board, the Town Board and the Zoning Board on all these issues so
many times and we went back to the Planning Board after you
wouldn't take action on it and in turn the Board of Zoning i^jpeals
said they didn't have anything to hear anymore. We went back with
this latest configuration, we backed lots on to Juniper Drive, we
came up with a road, after further discussion with staff, would be
led through to serve seme useful purpose in the future that wDuld
Tcwn Board Minutes 47 August 8, 1988
mitigate any effect that in the long run Juniper Drive would have
in having a through road in front of them. We discussed for three
hours, vhy the road was better intersected on Coddington Road then
opposite Spruce Way and to reopen all those discussions. He stated
that he could spend another hour of the Board's time here tonight
going over that v^ole discussion but it is a matter of the record
of the Planning Board, vMch he hoped they were all up to snuff on
by this point in time and \tot it has to do with is if you look at
the Raponi land ac2x>ss the road it's in a little comer of the
Raponi land v^ere the Spruce Way right-of-way would ccme up through
it. There is no reason, if there ever was one, to continue Spruce
Way through. Besides the fact that the slope of Spruce Way
opposite v^ere this road is is quite steep, if you are familiar
with Spruce Way going up in there. What he was trying to say was,
how many times do we have to repeat this argument and how much time
do you want me to take of yours tonight, he felt he would be
directed more by there questions than anytJiing else but we went
back to the Planning Board after we were turned down the first time
around vhen we had a road opposite Spruce Way that had slopes of 7
1/2% maximum that connected through to the roads down below. We
went back and we came up with roads that had hi^er grades, went
vdiere people wanted them and put the open space vdiere staff had
more or less told us, they wanted it along the linear path so that
it would ccmpliraent the linear path. The neighborhood at that
point started questioning the slopes of the open space, the wisdom
of \^ere the road goes, v^ether it's opposite of here. At seme
point you folks have to sort through all this data and ask
yourselves v^t is pertinent and \tot is not and vdiat are new
arguments and vAiat are just further delaying tactics in this whole
process? That's pretty blunt but that is just vdiat it has ccme
down to at this point. What we are saying is that we have done
exhaustive st\jdy of the site distance back and forth and up and
down Coddington Road for this new intersection and upon inspection
of your staff they agree that the design you have now can meet
those prior problems we might have had with that. If you look at
the land use itself and the use of the land use and the existing
vegetation on the land use it does not cut through the only mature
wood area up on Coddington Road, now it avoids that area. There
are a lot of considerations, the drainage, everything and he did
not feel was pertinent for the Town Board to reopen, we are not
doing site plan review here, we are strictly looking at, in his
mind the Board was only looking at accepting the road built to TOwn
specifications and accepting a deed to a park but scmehow we are
here discussing v^ether you will accept the park v^ere it is and
v^ether you will accept the road v^ere it is. That's a legal
question that maybe should be looked into seme day but we will
accept that on face value and that is vhy we are here discussing.
Whether the roads approved at the Planning Board through the
authority you have delegated them are vhere you want them or not.
To reopen all these other issues and to spend the time, we haven't
spend your time calling you up on the phone, lobbying with you
because he felt the Planning Board has a pU2:pose and a function
through all this and it was about time now that we get down to the
brass tacks. Is a backyard open space backing onto a neighborhood
or not? It's as much open space as open space you are talking
about. If you convolute the layout then we are back to variances
of lots and every other side issue that everybody else is
interjecting here. We shouldn't make exceptions to the literal
interpretation of the Zoning Ordinance and other fragile airguments
that are meant to reach this end of backing lots onto Juniper
Drive.
Supervisor Desch remarked that he remembered in June a long
discussion on this. He stated that he rennaiibered very clearly
because it seems he was on the minority on the subject. He stated
that the message that he took away and he thought the developer
Town Board Minutes 48 August 8, 1988
took away at that time was that the Town Board wanted to see a
plan, irrespective of the question of jurisdiction, that had no
deviations or variances with regard to the Subdivision Regulations
or the Zoning Ordinance. He went on to say that that was \(^t the
Planning Board looked at on July 19th and gave prelindnary approval
for. He stated that he would like to go back to the point that
kind of relates to what Councilwanan Raffensperger said. What we
are looking at, in both of these plans, and one that has been
approved by the Planning Board and the one that is somevdiat of a
counter proposal on behalf of the Association are not that far
apart. He felt that the way to resolve the issue is to ajprove a
corridor which encorpasses the intersection alignment with Spruce
Way and the alignment approved by the Planning Board. Let the
developer vdio has to go back for the formal final subdivision
approval process look at the merits of both and vMchever way it
ccmes out, the alignment in terms of the road location is
acceptable to the Town. With regard to the open space, the same
thing is true. There is a certain preference for the park space
being between the road and the existing Juniper Drive properties,
there are other preferences of having it \^ere the Planning Board
approved it because of the alignment of the bikeway. Let's give
the Planning Board a little latitude to look at both proposals in
their final subdivision approval.
Supervisor Desch then proposed the following be added to the staff
resolution:
BE IT FURTHER RESOLVED, that the Town Board prefer that Collegeview
Lane be constructed to intersect Coddington Road opposite Spruce
Way. This is in addition to vdiat the Planning Board approved.
This would enccnpass both the July 19th alignment and the alignment
proposed by the Juniper Drive Association dated August 5th, and
BE IT FURTHER RESOLVED, that with respect to the open space the
Ttown Board will also accept the open space as proposed in the
August 5th proposal of the Juniper Drive Association.
He went on to say that basically the Planning Board would have the
latitude of final subdivision approval on either of the locations
for the open space and that would not conflict in anyway with the
use of Collegeview Lane for this siabdivision or the future
connector.
Councilwanan Raffensperger stated that she wculd like to clarify
something, v^en Mr. Fabbroni was talking. It was her irrpression
that when the Town Board turned down the previous road alignment
that one of the things the Board said was that v^en there is
substantial neighborhood opposition to a plan then this Town Boaid
believes that every effort ought to be made to meet the strict
requirements of the Zoning Ordinance. Those statements are related
and very iitportant to have together, they just can't be used in
isolation. She felt a number of the Board members had talked about
it and seme of us at least agreed. She felt this gives everybody
an opportunity to make this case to the Planning Board and that she
was going to second the motion.
I^OLUTION NO. 233
Motion by Supervisor Desch; seconded by Councilwcman Raffensperger,
WHEREAS, the Town of Ithaca Subdivision Regulations require the
Town Board to approve facilities such as parks and roadways, and
WHEREAS, on July 19, 1988, the Town of Ithaca Planning Board,
subject to certain conditions, granted Preliminary Subdivision
Town Board Minutes 49 August 8, 1988
l^roval to the July 6, 1988 plan for the Klondike Manor 12-lot
subdivision, and
WHEREAS, such Preliminary Subdivision T^proval followed the review
by staff and the Board of several road network alternatives, and
WHEREAS, the Town Board has reviewed the staff and Planning Board
reccaiinendations and the record of the Planning Board meetings and
further reviewed the concerns ej^ressed at several meetings by
local neighborhood groups,
NOW THEREFORE IT IS RESOLVED, that the Town Board accepts the
street alignment and open space dedication shown on the Preliminary
Sxibdivision Plat dated July 5, 1988, subject to the following
conditions:
a. The conditions set forth in the July 19, 1988 Planning
Board Resolution granting Preliminary Subdivision
i^roval.
b. The approval is further subject to Final Subdivision
i^roval the Town Planning Board and any conditions
that may be imposed in connection with such approval, and
BE IT FURTHER RESOLVED, that the Town Board prefer that Collegeview
Lane be constructed to intersect Coddington Road opposite Spruce
Way. This is in addition to ^at the Planning Board approved.
This would enccannpass both the July 19th alignment and the alignment
proposed by the Juniper Drive Association dated August 5th, and
BE IT FURTHER RESOLVED, that with respect to the open space the
Town Board will also accept the open space as proposed in the
August 5th proposal of the Juniper Drive Association.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting
Aye. Nays - none).
PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TOWN OF ITHACA
ZOJING ORDINANCE TO CLARIFY VARIOUS DEFINITIONS AND PROVISIOSrS
Proof of posting and publication of a notice of a public hearing to
consider a local law amending the Town of Ithaca Zoning Ordinance
to clarify various definitions and provisions having been presented
by the Town Clerk, the Supervisor opened the public hearing.
Supervisor Desch asked if there were questions regarding the
definitions other than those related to height? He went on to say
that there were so many opinions on vtot the height definition
should say that it was totally inaj^rqpriate to consider adoption
tonight.
A man in attendance stated that he had a question on 4 b, on
height, on the second page. He stated that at the Planning Board
meeting we got into the business of the antenna and chimneys and
protrubances. It was not clear to us v^ere we stand on these and
he stated that he would like this cleared up.
Town Attorney Barney replied, the language you have in front of you
is the original language which measures height to the highest
point, vMch included antenna. The Planning Boaird in it's
recaranendation to you struck the references and said the
measurement would be to the highest point of the roof, but would
exclude things like chimneys and other protrubances. He stated
that this was the reccnitiendation that came to the Town Board.
Town Board Minutes 50 August 8, 1988
Celia Bowers, 1406 Trumansburg Road stated that she had a question
on Page 3, #15, subsection 3. She stated that it says, "in
Agricultural Districts, no agricultural structures shall be erected
or extended to exceed 34 feet in height". She went on to say that
she felt there was a need to define \diat sort of agricultural
piXDducts. At the last Board meeting there was a long discussion
about ccxnmercial agricultural uses at the Planning Board meeting.
They talked about encouraging ccnimercial agricultural uses in the
Town including perhaps trucking. She stated that she would be very
upset to see a trucker be able to erect a garage that more than 34'
in height but be able to say that this was for trucking ccmnercial
agricultural products and, therefore, it does not ccme under the
height requirements.
Town Attorney Barney replied, if you look at section 51, the
cuirrent ordinance says "in agricultural districts, no agricultural
structure shall be erected or extended to exceed 30' in height".
The only change that was made in that discussion was to change 30'
to 34' vdiich is consistent with all other zones.
Mrs. Bowers replied, but hopefully you are going to make this
ordinance a better on than the old one and she felt the old
ordinance was equally as bad.
A man in attendance stated that he had a problon with the word
slab. The definition of the word slab does not appear and it
should be worked out as to how thick a slab can be.
Ed Cobb, Danby Road stated that he would like to make sure the
two-story reference v^ch it seemed to him was lined out in the
process of approving the changes, the two-story was lined out after
any citizen had a chance to notice. It was brought up at the
meeting and then approved by the Planning Board with those
alterations. He stated that there have been several instances
v^ere the public hearings at the Planning Board meetings have been
closed then the Planning Boaixi alters a resolution and passes it
without any public input. It seemed to him that the public should
be allowed to discuss the altered resolution before the Planning
Board votes on it.
Supervisor Desch asked Karl Niklas if he wished to ccmment on his
statement?
Karl Niklas, 1005 Danby Road stated that there were really three
issues involved in vdiat is building heights. One is the definition
of what the height of a building is. The second is how high, v^at
is the maximum height that should be permitted and the third is,
vdiat is the consequence of the definition of hei^t. The maximum
height on density. He went on to say that these were the three
issues in the letter that he sent to each of the Town Board maiibers
and the members of the Town Planning Board. He went on to say that
he had the opportunity to listen to an extremely well prepared
presentation by John Barney the Tdwn Attorney and Susan Beeners the
Town Planner reporting on the Codes and Ordinance Committee' s
suggestions involving building heights, both definition and the
maximum height of those buildings. He stated that he saw after
their presentation various convoluted discussions in v^ch he
cautioned the Chairman of the Town Planning Board, Mr. May, that if
the definition of building height that was being proposed was
accepted that they ought to reconsider the maximum building height.
As originally proposed, that 34' was to include antenna, chimneys
and protrubances. Now \tot happened was that they approved the
definition of buildings height and struck fran the maximum height
the limit of chimneys, antenna and protrubances and also increased
indirectly the maximum height of buildings permitted. He noted
that in the letter he sent there were three illustrations. He then
Town Board Minutes 51 August 8, 1988
discussed the illustrations (copy attached to minutes). He stated
that the Planning Board had opened a pandora's box to a large
number of potential conflicts and ambiguities that have effects on
established communities and upon the number of individuals
occupying certain zoning areas. He went on to suggest that seme
definition for building height be provided vdiich does not define
the distance landerground vMch might take into consideration
average building. Please consider that you are raising the height
of buildings by changing it to 34'. You are doing this despite
vdiat a lot of people have said to you. You really are effectively
increasing the height of buildings \mder the circumstance of
concrete slab construction. So, there are two very important
issues vMch impact on the density of individuals in new and old
construction.
Doria Higgins, 2 Hillcrest Drive stated that she was very much
against the hei^t change for various reasons. But overall, as a
matter of principal you should not at this point, vdien you are
creating a Carprehensive Plan, you should not be making changes
without good reason for the public welfare and she did not see how
the public welfare was in any way changed. On principal she was
against it at this time and place. She stated that she would like
to point out vdiat would happen specifically with the Chamber of
Ccmmerce building vhich will be going up next to Stewart Park. The
building has to conform in height with other buildings in the
vicinity, the Youth Bureau, v^ch is an administration building, it
is not for the children in the Town. That building looms over the
park. Whether you like it or not, it is an obtrusive building and
it very definitely destroys the character of Stewart Park at that
end of the park. That building is supposed to be 37' tall vhich is
the same as they are proposing for the adjacent building but in
fact it is 47' tall because it's built at what the City calls City
10 vhich is 10' above lake level. The Chamber of Commerce building
is going to be the same height and vhat bothers her about that is
that if you make that change it will be legal and there will be
another 47' tower down there. Will the tower be included in the
protrubance? She felt this was a very dangerous change.
Supervisor Desch remarked that he felt the hope was to simplify it
and obviously it did not do that.
Ms. Higgins agreed with the Supervisor.
Bob Clune, Attorney stated that he was fortunate to practice law
next door to the Town Attorney. He went on to say that he would
like to tell the Board v^at Mr. Barney had done to seme clients of
his as the Attorney for the Planning Board. Vfe had a property that
was before the Planning Board for site plan approval, and the
question arose over height. It was in a multiple residence
district and they thought they had two stories and a basement and a
mezzanine and sure enough there was nothing in the Zoning Ordinance
that defines a story. It does tell us about a height, it says as
long as it is consistent with the height of other buildings in the
area we are okay but not more than two stories frcm the street
side. Our property is pretty close to La Tourelle so we don't have
a height problon because frcm about grade or basoment we are about
34' or so. Because the ordinance is totally silent with respect to
the definition of a story, or any footage with respect to height,
we went to the State Building Code because your ordinance says one
of the purposes of enacting the ordinance is to be consistant with
the Building Code. Under the building code, our basement is not a
stoiry. Under the building code our mezzanine is not a story.
Indeed, we have two stories and we ccmply if you look at the
building code. Your gentleman, Mr. Frost, thought we had a good
idea. He was overruled by my friend Mr. Barney v^o lives next door
to me. Mr. Barney said at one point, no you don't have two stories
Town Board Minutes 52 August 8, 1988
you have four stories and he said to Mr. Frost we aren't really
interested in the building cxxle we are interested in vdiether or not
we can defend scanething in a coiurt of law. So here we are, ray
people are turned down because we have more than two stories. Mr.
Barney of course is not a member of the Planning Board, he says we
have four stories. We aire not sure v^t the Planning Board said we
had other than we had more than two. Now, the point he was trying
to make was that his people do not want to have Mr. Barney's
interpretation reviewed by a court. He stated that he filed an
application to have the Zoning Board of i^peals review it and the
more he looked at the definitive Zoning Ordinance the raore he
thought that may be he shouldn't be infront of the ZBA. That his
real step was into the courts because there is a gap between a
Planning Board turn down and where you go next. The very thing
that we all want to avoid, both the Town and his clients, was the
expense, is going into the courts but we have to do it under the
present Zoning Ordinance as it stands because there is an ambiguity
and because indeed, the Planning Board has decided they are not
going to rely totally on the building code for assistance.
Andrew Frost replied that he just wanted to clarify sonething as
Mr. Clune was lacking seme information. He stated that after
further review of the sketches for Springwood he had determined, in
fact, that the building was at least a thrTee story building,
depending on the square footage of the mezzanine it could be a four
story as well. Our interpretation is close to vhat the building
codes say.
Mr. Clune replied that he was happy to hear that, it's the first
time he had heard that.
Celia Bowers stated that she was very puzzled by the definition of
height. You talk about having an ordinance that is consistent with
other definitions but that she had never heard of a height that was
determined by basement height. You don't say the Twin Towers in
New York or the Ertpire State Building is 310' tall including the
basement you say it's 310' tall from ground level. She felt that
this was a generally accepted start for height. What it seems to
her this ordinance will be doing is penalizing good building
techniques. What you are saying to builders is if you build on a
slab, v^ich she felt was generally considered to be somevAiat less
desirable than a basonent, then we are going to penalize you by
allowing you less height above ground. Frcm that point alone she
felt it shoxild be looked at.
Karl Niklas stated that v^at he would like to see is essentially a
reclamation of the codes and ordinance definations. He really
believed that either consciously or unconsciously the Town Board
has muddied the waters and the mudding of that water is going to
cause a lot of grief and he felt that the Codes and Ordinance
Carmittee had done an excellent job. He stated that he was a
little confused as v^y things have gotten to this stage but he
would say that if the 34' hei^t maximum is maintained given the
definition of building height that we ought to seriously consider a
different maximum building height for those built on concrete
slabs, preferably much lower.
Supervisor Desch asked the Board what their pleasure was? He asked
if they wished to send it back to the Ccmmittee for further study?
Town Attorney Barney remarked that he always welccmed things going
back to Committee but not in a vacuum. This was an issue that was
not debated lightly or thought over lightly. It is issue that we
discussed at great length and he did not think it was really fair
to send it back to the Committee and say think about it again. He
stated that the Board had not heaird fran him as to v^y it was set
Tcfwn Board Minutes 53 August 8, 1988
at this height, you have heard from the audience but not from me.
There have been seme good points made here but you have not heard
vhy we set this particular height.
Supervisor Desch replied, lets get the record of this hearing and
perhaps bring it back to a future Town Board meeting and hear
further ccmment from the Committee and then decide vdiether to send
it back to the Committee.
Councilwcman Raffensperger ronarked, there are other elements in
this that she hoped the Board would be able to discuss at a later
date.
Supervisor Desch suggested that it be adjourned indefinately.
TEMPORARY CLERK FOR HIGEiWAY DEPARTMENT
RESOLUTION NO. 234
Motion by Councilman Cardman; seconded by Councilman McPeak,
WBiEREAS, due to the resignation of the Assistant Budget
Officer/Personnel Manager there is a need for Patricia Punger to
work full-time in the accoimting department in the Town Hall, and
WHEREAS, this has left a vacancy in the Highway Department for a
part-time administrative assistant,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby appointed Caroline Dickens as temporary, part-time
administrative assistant. Such tenporary appointment to be
effective August 8, 1988, for a period of six months. At the end
^ of the six-month period the appointment may or may not become
permanent depending on the staffing needs in the Accounting
Department. Salary to be $6.50/hour, working 5 days of the week, 4
hoiars/day.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting
Aye. Nays - none).
WATER AOCCXINT REFUNDS
RESOLUTIOJ NO. 235
(Because of the lateness of the hour, all refund were approved on
one motion).
Motion by Supervisor Desch; seconded by Councilman Cardman,
WHEREAS, Crescent Development Corporation made a duplicate payment
for the property at 110 Penny Lane on the June water billing, once
in June and again on the final bill,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby authorize a refund of $20.52 for water, $2.05 for
water surcharge, $.20 for sewer, $1.44 for sewer surcharge and
$2.43 for penalty, total refund of $26.64 be made to Crescent
Development Corporation, 1459 Slaterville Road, Ithaca, New York.
Account Number V-3907.
WHEREAS, the final bill for the property at 102 Jimiper Drive was
paid twice.
Ttown Board Minutes 54 August 8, 1988
NOW TEJEREPORE BE IT RESOLVED, that the Tom Board of the Town of
Ithaca hereby authorize a refund of $12.21 for water be made to
Floyd Werner, 136 Seven Mile Drive, Lot #36, Ithaca, New York.
Account Number F-551.
WEBEREAS, the custcarer at 140 Westview Lane paid his June water bill
twice,
NOW THEREFORE BE IT RESOLVED, that the Town Boaid of the Town of
Ithaca hereby authorize a refund of $20.52 for water, $2.05 for
water surcharge, $9.27 for sewer and $1.44 for sewer surcharge,
total refund of $33.28 be made to I. J. Constiniction, 934 East
Shore Drive, Ithaca, New York. Account Number V-3987.
WHEREAS, the customer at 201 Westview Lane paid the June water bill
twice, once in June and again on the final bill,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby authorize a refund of $20.52 for water, $2.05 for
water surcharge, $9.27 for sewer and $1.44 for sewer surcharge,
total refund of $33.28 be made to I. J. Constmction, 934 East
Shore Drive, Ithaca, New York. Account Number T-3786.
WHEREAS, the custcmer at 203 Westview Lane paid the June water bill
twice, once in June and again on the final bill,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby authorize a refund of $20.52 for water, $2.05 for
water surcharge and $1.44 for sewer surcharge, total refund of
$24.01 be made to I. J. Construction, 934 East Shore Drive, Ithaca,
New York. Account Number T-3783.
WHEREAS, the customer at 130 Westview Lane received an adjusted
bill and in the meantime the erroneous bill was paid,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby authorize a refund of $3.71 for sewer be made to I.
J. Construction, 934 East Shore Drive, Ithaca, New York. Account
Number V-3914.
WHEREAS, the customer at 207 Westview Lane paid the June water bill
twice, once with the June billing and again on the final read,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby authorize a refund of $20.52 for water, $2.05 for
water surcharge and $1.44 for sewer surcharge, total refund of
$24.01 be made to I. J. Construction, 934 East Shore Drive, Ithaca,
New York. Account Number T-3785.
WHEREAS, the custcmer at 209 Muriel Street paid his Jme water bill
twice, once on the Jxme billing and again on the final read,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby authorize a refund of $27.89 for water, $2.79 for
water surcharge, $13.29 for sewer and $1.95 for sewer surcharge,
total refund of $45.92 be made to Zachary Simmons, 5116 Coavel
Terrace, Rockville, Maryland, 20953. Account Number T-1511.
Town Board Minutes 55 August 8, 1988
WHEREAS, the custoner at 206 Westview Lane received an adjusted
bill for June, which he paid, and in the meantime also paid the
erroneous bill,
NOW TEIEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby authorize a refund of $20.52 for water, $2.05 for
water surcharge, $9.27 for sewer and $1.44 for sewer surcharge,
total refund of $33.28 be made to I. J. Construction, 934 East
Shore Drive, Ithaca, New York. Account Number V-3968.
WHEE^EAS, the custcmer at 12 Whitetail Drive received an erroneous
June water bill, and
WHEREAS, the custcmer paid the June billing twice, once with the
erroneous bill and again with the final reading bill,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby authorize a refimd of $1.26 for water, $.13 for water
surcharge, $18.75 for sewer, $.09 for sewer surcharge and $.50 for
arrears total refund of $20.73 be made to Edward Hallberg
Associates, P.O. Box 701, Skaneateles, New York, 13152. Account
Number V-3912.
WHEREAS, the custoner at 137 Ridgecrest Road read the meter wrong
for the June water billing,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby authorize a refund of $21.62 for water, $2.17 for
water surcharge, $13.10 for sewer and $1.51 for sewer surcharge,
total refund of $38.40 be made to Dawn M. Fuller, 2 Brianwood Lane,
Newfield, New York, 14867. Account Number F-662.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting
Aye. Nays - none).
FINANCIAL REPORT
RESOLUTION NO. 236
Motion by Councilwoman Raffensperger; seconded by Coimcilman
Bartholf,
RESOLVED, that the Town Board of the Town of Ithaca hereby approve
the July Financial Report as presented.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting
Aye. Nays - none).
TOWN OF ITHACA WARRANTS
RESOLUTION NO. 237
^fc)tion by Councilwcman Raffensperger; seconded by Councilman
Bartholf,
RESOLVED, that the Town Board of the Town of Ithaca hereby approves
the Town of Ithaca Warrants dated August 8, 1988, in the following
amounts;
General Fund - Town Wide $ 50,501.73
General Fund - Outside Village $ 28,795.87
Highway Fund $ 86,172.11
Town Board Minutes 56
Water & Se^«7er Fund
Capital Projects Fund
Lighting District Fund
(Desch, McPeak, Raffensperger, Bartholf, Leary and
Aye. Nays - none).
BOLTQN POINT WARRANTS
August 8, 1988
.$155,349.50
.$402,925.42
.$ 448.09
Yardman voting
RESOLUTION NO. 238
Motion by Supervisor Desch; seconded by Councilman McPeak,
RESOLVED, that the Bolton Point Warrants dated August 8, 1988, in
the Operating Account are herd^y approved in the amount of
$77,752.49 after review and upon the reccanmiendation of the Southern
Cayuga Lake Intennunicipal Water Cotmission, they are in order for
payment.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting
Aye. Nays - none).
RECYCLING
RESOLUTION NO. 239
Motion by Supervisor Desch; seconded by Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca hereby
ej^resses an interest in participating the the pilot recycling
program in the Town of Ithaca.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting
Aye. Nays - none).
AIR CONDITIOJER FOR HIQIWAY DEPARIMENT
RESOLUTION NO. 240
Motion by Supervisor Desch; seconded by Councilman Bartholf,
RESOLVED, that the Town Board of the Town of Ithaca hereby
authorize the purchase of an air conditioner for the Highway
Department Office at a cost not to exceed $800.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting
Aye. Nays - none).
ADDITIONAL WARRANTS
Town Engineer Flumerfelt stated that he had an additional pay
request from Vacri Construction Ccaipany in the amount of $69,062.62
and Rizzo Construction Ccnpany in the amount of $71,700.30.
RESOLUTION NO. 241
Motion by Supervisor Desch; seconded by Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca hereby approve
the pay request from Vacri Constmiction Ccnpany in the amount of
$69,062.62.
Town Board Minutes 57 August 8, 1988
(Desch, McPeak, Raffensperger, Bartholf, Leary and Caix3man voting
Aye. Nays - none).
RESOLUTIOJ NO. 242
Motion by Supervisor Desch; seconded by Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca hereby approve
the pay request of Rizzo Construction Carpany in the amount of
$71,700.30.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting
Aye. Nays - none).
USE OF CAMPRFT.t. avenue FOR A DETOUR
Supervisor Desch stated that the previous resolution adopted by the
Board had a date of July 15th and no one knows when the project is
going to be corpleted. He asked the Town Engineer if he wished to
conment. The Supervisor noted that the detour is working well even
though there have been a few accidents but unless scmeone could
ccme up with a better alternative he would suggest the resolution
be extended.
The Town Engineer replied that he had no ccniments.
RESOLUTIOJ NO. 243
Motion by Supervisor Desch; seconded by Councilman Cardman,
RESOLVED, that the Town Board of the Town of Ithaca hereby approve
the continued use of Caitpbell Avenue as a detour route for Cliff
Street until October 1, 1988.
(Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting
Aye. Nays - none).
RFP - PLANNING CONSULTANT
Town Planner Susan Beeners remarked that she had received seme
ccnroents back already. She went on to say that vhat the RFP
essentially would be for is vhat is spelled out in about the third
or fourth page "Scope of work that would be provided".
Karl Niklas asked if the issue would be open to public ccmment?
Supervisor Desch replied yes, you are welccme to make public
coranent.
Town Planner Beeners went on to say that on or about page three
there is a description of v^at the scope of work is we are asking
for. One is the evaluation of all present and presently pioposed
elements of the coiprehensive plan and reccnroendations for
appropriate revisions or additions. Then as it reads elsevrfiere in
here there is nimber "b" that it will be additional recommendations
to enhance the plans effectiveness. Under "b" also including, the
scope of work to be provided, review and propose revisions to the
draft comprehensive plan statement. Recommendations for any
changes to existing local law, rules or regulations needed to
irrplement the suggested revisions and additions to the plan. The
purpose of work that we are trying to get from a consultant is to
take a very expeditious kind of an overview and then come back here
in six to eight weeks after meeting with a number of different
groups and reviewing all of the different elements that are in the
Town Board Minutes 58 August 8, 1988
plan and make sure reconmendations as to \^ere to go rather than
spending initially a lot of time writing out how he would define
height and thing like that. She went on to say that the timetable
would renain the same. She recommended that letter "d" be added
vdiich would be recommendations for systems to improve the
effectiveness of public participation in the comprehensive planning
process. The one other real major change she would propose to
revise the structure of this is, is that instead of, as you have
it, "first the consultant would provide a preliminary
recommendation and if that were acceptable after review by a number
of involved parties then that consultant might be authorized to
proceed on with a final reconmendation. It*s really the Board
decision and she felt she should talk with the Town Attorney also
as to how to arrange a contract. Perhaps we would want to make
this exclusively for the preliminary reconmendation and the work
she would expect, at this time, to consist of six to eight weeks of
work and thus try to restructure this RFP so that it was not
automatically built in that there was the option of going on with
the final. The final recommendation could be phased over a long
period of time. Some consultants have told here it would take a
year and a half to two years because it has taken that amount of
time for similar types assignments.
Ms. Beeners stated that she would like to make one more comment and
then open it up for suggestions. She went on to say that it was
recommended to her by some consultants that she spoke to to try to
explain vdiat the status of the Town and v^at was going on here to
give a consultant an idea of how to structure a proposal. That is
vAiy in the beginning of this she had tried to summarize vdiat seme
of the recent coiraunity issues weare. She felt it would be
appropriate to add some additional statements in there, such as a
desire that there be increased attention to a solution to existing
traffic problems, a desire that new development pay their fair
share of cost of additional municipal and public infrastructure and
services including irrprovements to transporiiation services and
schools. She went on to say, as a new one, and this is partly
again looking at some of the GINA statonents, there might be added
a position for administration and enforcement of present
regulations. Those are the main substance of vtot she had.
Councilwoman Leary questioned, you are including the draft of
ccmprehensive plan right, as an appendix?
Town Planner Beeners replied, yes.
Councilwcman Leary asked the Town Planner if she was including seme
of the conments that were made at the public hearing in that?
Town Planner Beeners replied, she was not expecting to do that.
Time wise she was not sure v^ether the minutes from that meeting
would be available to send along with the comprehensive plan
statement. It might be an area v^ere someone who was responding to
the RFP would call and ask for additional information or ask to
meet with staff and perhaps the minutes would be available at that
time. It does not appear to be worth her time, in the next two or
three weeks, to put her time into that document.
Councilwcman Leary replied but it would be something that at some
time the consultant would see?
Town Planner Beeners replied, yes. In fact she was taking written
comments from the public so that can be included.
Councilwoman Leary as the Town Planner if she was also including
^pendix A and B, the Objectives for 1988 and the chronology with
the RFP?
Town Board Minutes 59 August 8, 1988
Town Planner Beeners replied, if it's considered to be desirable.
She stated that it seemed to her to be a fairly ejqsedient way to
actually show the status of vdiat things are.
Councilvonan Leary replied, that she just want to point out, on the
chronology, the copy that she has still does not have the addition
of the resolution authorizing the whole prxxess and she felt it was
important to include that.
Town Planner Beeners replied that the reason she did not include
that in a way is because it woiild be referred to as pursuant to
Town Board and actually she guessed they could include an
appendix v^ch was the actual Tbwn Board resolution. She felt the
problem with that was that vdien she realized the research it would
take into Town Board minutes to find prior resolutions, she did not
have the time to research those other times in the past ten years
or so. If there was additional time available to her from someone
else, perhaps they could be included.
Councilwcman Leary felt the resolution authorizing the study should
be included because it was the most recent action and if it wasn't
for this resolution the v^ole thing would not have been started.
Councilwcman Raffensperger stated that it was not clear how the
committee was constituted.
Town Planner Beeners constituted or instituted?
Councilwcman Raffensperger replied, instituted. Constituted it
says, instituted is not clear. Vflio does it, v^o appoints the
members, what process? That wasn't clear. Coimcilwcman
Raffensperger remarked, having made these suggestions she stated
that she would like to congratulate her on the tremendous job she
has done in a very short period of time in putting this together.
Councilman Cardman rotiarked, he would strongly suggest that the
committees be constituted by the Town Board. Reconmendations of
names of participants be approved the Town Board, it is a Town
Board resolution.
Supervisor Desch remarked that he agreed with this and it should be
this way.
Karl Niklas stated that he would like to make a few comments, \^ch
starl: on page 7. Generally phasing of work? He stated that he
just wanted to make some observations and perhaps you could discuss
this at another time. He went on to say the second line down,
"upon determination by the Town that the preliminary recommendation
was satisfactory" he assumed you meant Town Board or was that
intentionally left vague because you weren't sure v^o?
Town Planner Beeners replied, at this time she saw a planning
subcommittee doing the general review of the consultant's work.
The Planning Board being the next step in which that committee
would make a recommendation and the Planning Board making a
recommendation to the Town Board.
Councilman Cardman renarked, there are probably too many steps in
there.
Mr. Niklas replied, that he felt ifet he would like the Board to
discuss at some time is the word "Town" which appears a couple of
times in that very first paragraph and he felt it was a little
vague and it might be beneficial to all of you to clarify v^at you
mean by the Town. He went on to note the second paragrajdi, five
lines down, "process under gone through consultation with the
Tcwn Board Minutes 60 August 8, 1988
various representatives, individuals and groups of the Town". He
thought that there were two problems with that, one that it was a
little vague and second it's a little vague because there is no
indication as to how those individuals or groups are selected or
identified or made involved with the process. Mr. Niklas ronarked
that these are not criticisms, these are really point that you
might want to consider for clarification. Second paragraph from
the bottom beginning "it is e^^cted that a comprehensive planning
subconmittee consisting of ". He stated that he had just hear
frcsa Mr. Cardman that that committee would be appointed by the Town
Boaird, but his question would be, that the composition in terms of
numbers is not specified. It would be interesting to see the
balance of the representatives, of Town residents for example v^at
percentage of that committee is composed of Town residents.
Mr. Niklas stated that he had another concern, in this same
paragraph, four lines fran the bottom, "it is expected that the
Codes and Ordinance Committee would continue with the drafting of
priority legislation revisions for review ". He stated that
he knew vhat priority means in his own life style and his own
research at Cornell but he was not really sure vhat priority really
means here. For example, his concern would be that we have already
considered suggestions on the redefinition of heights, the
suggestions as to maximum building heists and presumably there are
many other items of legislation that would be presented before us
and he felt GINA representatives had stated that it was very hard
to repair a moving car, particularly if it's going very fast. He
stated that his concern was that a lot of things could be rapidly
involving vhile this consultant and the Town Planner are trying to
stabilize the situation. He stated that he would like to draw the
Board's attention page 12, the time table for review and award.
This time table provides you with a measure of how fast the vehicle
could move before you get a final report. He stated that he had
done seme calculations for the time table for review and award. He
stated that he computed maximum and miniittum time for the completion
of the first phase. The minimum time is nineteen weeks and six
days, the maximum time is thirty-two wedcs just for the completion
of that first phase. The second phase, he got a minimum of ten
weeks and a maximum of seventeen weeks, if he adds the third
component vAiich is the very bottomi, the ininimum time that you would
have a document that could really be considered and voted on would
be 1.05 year and the maximum time would be 2.10 years. The point
is, as the Town Planner indicated earlier, the process could take
anyv^ere to a year to a year and a half and with his time table up
to two years. A lot of things can happen in two years. If you
don't stabilize things during that process a lot of things may ccmie
too late.
Councilman Carxhnan remiarked that he thought Mr. Niklas' point was
well taken and that it would have to be the Town Board' s
responsibility to make sure we provide the Planner or the
consultant with a stable environment in that we are not running a
parallel track of changing every ordinance or introducing
ordinances. That is going to have to be our responsibility once we
finalize this document and make that canmiititent.
Town Attorney Barney replied, scmietimes its an interesting analogy
to say you can't change a moving car, however that's true but you
also can't stop the car because there are forces that are pushing
that car long. For example, Mr. Clune being here with his rather
clever presentation is a prelude to a law suit that we are going to
have because or definition of height is scattered in four or five
different ways and if we go through our own ordinance we can pick
up several ways. He went on to say, now we can sit back and say we
are going to wait for a consultant to give us seme idea as to how
to define hei^t. He stated that he could and has pulled out five
Town Board Minutes 61 August 8, 1988
or six different definitions done by consultants • We are going to
have to select one. Now we can wait to do that, we can wait until
he cxjnes in with his reconmendation and have the same debate, in
the mean time spend a considerable amount defending ourselves in a
law suit vdiich we might prevent J:^ taking seme action on seme of
these things. He stated he appreciated vdiat Mr. Niklas says but at
the same time he would strongly reccramend that we don't stand still
in those areas v^ere we knew we have a problon. Let's do them.
That doesn't say they c:an't change as part of the cenprehensive
plan.
Mr. Niklas replied that he would like to address the ceraraent that
the Town Attorney made. He stated that he was not sure how he
preceived vtet he was suggesting. Mr. Niklas stated that he was
only pointing out that there were diffieulties that should be dealt
with by you and he deferred to his legal judgonnent, and he deferred
to the gcxxl judgement of the Town Board in dealing with this but he
thought that \dien you consider the time table and lot of projects
there were going to be considered and a lot of zoning regulations
that you might be considering clianging, that that understanding
should be in the forefront as to v^at you define as being priority
legislation. He stated that he had seme other comments but that he
would write to the Town Planner and the Town Board.
Supervisor Desch remarked, that he would like at this time to bring
it back to the Board. We have not heard all the public comment
that we need to hear, he asked the Board v^t was their pleasure?
Councilman Cardman stated that he would like to see the Town
Planner incorporate the really minor suggestions that have been
made, clarification of the nirtiber of people on the subcommittee,
that the Town Board appoints the committee. Those items that she
has discussed and at the earliest possible time get it back to the
Town Board for approval to then go out. If this can be done at the
special meeting, okay.
Supervisor Desch remarked that the thought just occurred to him
that we are going to have this special meeting on the moratorium
questioi;! on the 29th, wouldn't it be appropriate to have other
public input come back at that same time and perhaps be in a
position of deciding vfet to include in it. We are talking about
the possibility of taking action after other public input on the
29th. Just putting the request for proposals out does not commit
the Town to spend any money, however, at some point in time we will
have to face that question, as you well know.
ADJOURNMENT
The meeting was duly adjourned.
ATFtDAvn or ntnjcATiON
The Ithaca Journal
irf ^tfn ^rrrk, ^mttpkm* dmntf^,
L...S.!>i.li^AJI.S being duJy rwom, deposes
and s£\*s, tiiat he resides in Ithaca, County and state aforesaid and
th«t be ii ....CLJar-L.
of Tht Iteac\ JouiWAn a pubb'c Dev.*spaper printed and published
in Ithaca-aforesaid, and that a notice, of which the annexed is a true
cop>', was published in said paper
and that the first publication of said notice was on the
<!»>• of 19..BS'.
lis /ibed and sw-ora to before me, this day
19
Natcrv Fublic.
JEAN FORD
Notary Public, State of New York
No. 4654410
Qualified in Tompkins Count^^
Commission expires May 31, ]9k.J
r. •
? TOWN OF ITHACA
NOTICE OF PUBLIC HEARING,
PLEASE TAKE NOTICE, that the
Town Board of the Town of
Ithcco will meet and conduct
o public hearind on August 8,
1988 at 6:45 P.M., ot the Town
Hall, 126 East Seneca Street,
Ithcco, New York, to consider
amending the Town of Ithaca
Traffic Ordinance to provide
for sighoge on Dotes Drive
and will ot this time heor oil
person in fovor of or opposed
to the amendment of said Tra
ffic Ordinance. - n , , , '
■••■'VviHii- iJeon H. Swdftwood
ATFlOAVn Of W%UCA7lOS
The Ithaca Journal
> fiisit nf ^tfo ^trrk, ^nntpkijiB dmmtg,
being duly r*>vom, deposes
And sax's, tbat be resides in Ithaca, Count>' and state aforesaid and
tiiat be is ..-jCLf.lGT.Er_
of Tht Ithac\ JotTLVAi. fi pubbc ne-wspapei printed and published
in Ithaca -aforesaid, and that a notice, of xx'hich the annexed is a true
cop>', was published in said paper
and that Ae first publication of said notice was on the
day of ..
and sv.'om to before me, this
Sotcry Public.
JEAN FORD
Notary Public, State of New York
No. 4654410
Qualified in Tompkins ^O'Jnfyr^^
Commission expires May 31, 19.^7
TOWN OF ITHACA. . \ n
NOTICE OF PUBLIC HEARING »
PLEASE TAKE NOTICE, that the
Town Board of the Town of
Ithoco will meet end conduct
o public heoring on August 8,'
1988 at 6:50 P.M., at the Towa
Hall, 126 East Seneca Street,;
Ithaca, New York, to consider,
amending the Town of Ithoco-^
Traffic ' Ordinance to ban,
through truck traffic or» Hon-,
ness Lone and will at this time,
hear all persons in favor of or;
opposed to the amendment ot n
said Traffic Ordinance. !Jean H. Swartwpod ^
Town Clerk
July 29^1988 . 1
zy^/i J L
ArriDAViT or wiucArios
The Ithaca Journal
fitsit trf ^efo ^nrk, ^mnpkini Cntmt^,
S>.u\.Va../u..^ . being dul>- FNvorn, deposes
and «>'s, that be resides in Ithaca, Count)- and state aforesaid and
that he is
of The Iteaca. Jovtlnai, a public nevs-spsper printed and published
in Ithaca aforesaid, and that a notice, of >»*hich the annexed is a true
cop>', v.-as published in said paj>cr
and that the first publication of said notice was on the
day of 19...SS
Su^^rib^ and^^'om to before me, this
of
JEAN FORD
Nofary Pubiic, State of New Yq(^
No. 4654410Qualified in Tompkins County r^O
<^Ofnmission expires May 31, 19 JC/
t^Oicry Fublic.
TOWN OF ITHACA - ,
NOTICE OF ADJOURNED .I'fi
PUBLIC HEARING '
PLEASE TAKE NOTICE, that the
Town Board of the Town of
Ithoco will meet ond conduct
on odjourned public hearing
on August" 8, 1988 ot 7:001
P.M., ot the Town Holl, 126j
East Seneco Street, Ithoco,
New York, to consider o locol
low rezoning o 15.86 ocre por-j
tion of Town of Ithoco Tox Por-
cel No. 6-24-4-14.2, locoted ot,
1290 Trumonsburg Rood,!
48.86 ocres totol, from Resi
dence District R-15 to Business
District "8", for the proposed
development of o neighbor
hood commerciol service cen
ter, ond further, with respect
to the proposed rezoning of o!
12 ocre portion of soid Tox!
Porcel from Residence District^
R-15 to Multiple Residence:
District, Oo Kyong ond Song Jo
Kyong, Owners, ond will ot
this time heor oil persons jn
fovor of or opposed to the
odoption of soid locol low.
Jeon H. Swortwood
Town Clerk
July 29, 1988
AFFiDAWT Of nriUCATiOh!
The Ithaca Journal
^isit nf ^tfn ^ctIl, Pumpkins dmntly, 9iJi
...d..€Cs..L. g .^..i..i*.../Vs^„S.. being du]y ^^vorn, deposes
and s£>*s, tbat he resides in Ithaca, County* and state aforesaid and
tiut be is ...£L.l2r:.kr..
of The Ithac\ Journaj- a public ne\^'spapeT printed and published
in Ithaca-aforesaid, and that a x>otice, of \t*hich the annexed is a true
copy, was published in said paper ....
cyAJj^^....s^3.)..i5l.£t
and that the first pubh'cation of said notice was on the ..aei.
day of ^.... a?...8.e.
and s>X'orn to before me, this .
19. ^
JEAN FORD
Notary Public, State of New York
No. 4654410
Qualified in Tompkins Countyp^d
Commission expires May 31, 19^./
A'otcn/ Public.
; ^ ^ TOWN OF rfHACA
NOTICE OF PUBLIC HEARING ' '
PLEASE TAKE NOTICE, thot the
Town Boord of Ae Townvof
Ithaca will meet ond conduct
a public hearing on August 8,
1988 at 8:00 P.M., at the town
Hall, 126 East Seneca Street,
Ithaca, New York, to consider
o local low governing noise in
the Town of Ithaca and will at ^
this time hear oil persons in j
favor of or opposed to the ]
adoption'of'saia iocol low. j
■; Jean H. Swartwood
.. Town Clerk iJ0ly29,1988 •
ATFIDAVIT or n'rucArioN
The Ithaca Journal
^tatf xji ^thf ^nrk, ^;ninpfem» Cdmatf^,
..C^..^..v.L^—!^..0.1..i.i..AJ..S being duly s^vom, deposes
and s«>*s, tbat he resides in Ithaca, Count)' and state aforesaid and
Hat he is ...£Ll<2r:.l;r
of Tht Ithaca. Jouknai. a public Deu'spaj>er printed and published
in Ithaca -aforesaid, and that a notice, of u-hich the annexed is a true
copy, was published in said paper
and that the first pubhcation of said notice was on the
of 19..3S.
and rw'om to before me, this day
Notcru Fublic.
Nr., n ''ORD
Nofary Public, s,aie of New Vort
QuaWied ^
^^ommission ^ompfcins Couni^^expires May 31, JpSV
' TOWN OF ITHACA * :
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that tlie
Town Bbord of the Town of
Ithoco will meet ond conduct
o public heoring on August 8,
1988 at 8:15 P.AA., ot the Town
Hall, -126 Eost Seneco Streetv
Ithoco, New York, to consider
o local low governing'toxi
cobs in the Town of Ithoco and
will at this time heor oil per
sons in fovor of or opposed to.
-the adoptipnjQiKlid locq! Jovy.
• . n ; ? •'Swortwood
^ Town Clerk
July 29, 1988 n • • .
AFFIDAVIT or FiftUCATlOS
The Ithaca Journal
$
^ filoh cf ^nrk, ^mnpfeini Cloimtg,
being du3y r»vorn, deposes
and saN*s, tbat he resides in Ithaca., Connty and state aforesaid and
that he is ...-Cl<.lfir?.lC.-
of The Itkac\ Jovknai- a public nevk'spaper printed and published
in Ithaca aforesaid, and that a z>otice, of udiich the annexed is a true
cop>*, was published in said paper
and that the first pubh'cation of said notice was on the ..aa
day of ,19..S.S.
1.
Suba^ibed and s>^'om to before me, this . ... ... day
of 2:
Notory Fublic.
JEAN FORD
Notary Public, State of New York
No. 4654410
Qualified in Tompkins Cdunlyr^^
Commission expires May 31, 19k^
•.TOWN OF ithaCa.?!:-^
NOTICE OF PUBLiG HEARtNG,,'?
{ PLEASE TAKE NOTICE/, that the\
' Town Board of- the Towrh.^of,j
' Ithaca will meet and conduct j
a public hearing on August 8,']
1988, of 8:30 P.M., at fheT■Town Hall, 126 East Seneca 'Street, Ithaca, New York, toconsider a local law amend-};ing the Town of Ithaca Zoning ^Ordinance to permit day core
-.facilities in Residential, Busi-'
ness and Industrial zones in
the Town of Ithaca and will atthis time hear all persons in.favor of or .opposed to the 'odoptioh of saia local low.' j
'^Uean H. Swartwood i\ Town Clerk
July 29, 19M
' \
ATFIDAVIT or rt'UJCATiOS'
The Ithaca Journal
^ cf ^trrk, ^mnpkm* Clmntt^,
bciog duly rA'om, deposes
and M>'s, that he resides in Ithaca, County and state aforesaid and
Alt he i!
of Tax lTaAC\ JofRSAJ- a public newspaper printed and published
in Ithaca aforesfiid, and that a notice, of which the annexed is a true
published in said paper
and that the first publication of said notice was on the
day of -.S=^19..SS!
id rw'om to before me, this day
JEAN FORD
Notary Public, State of New York
No. 4654410
Qualified in Tompkins County-^^
Commission expires May 31, IPXy'
Noicru Fublic.
:: ::;iTOWN of ithaca
NOTICE OF PUBLIC J<EARINGrl
PLEASE TAKE NOTICE.'^lhot the]
Town Board ofjthe Town fof!
Ithaca will meet and conducti
o public heoring dh August 8,
1988, 'ot 8:45 P.AA., .at the
Town Hell, H26 East Sehec'o
Street, Ithoco, New York, to
consider o local low amend
ing the Town of Ithaca Zoning
Ordinance to clarify various
definitions and provisions onct
will at this time hear all per-j'
sons in favor of or opposed to
the adopt|ort.of said local law.
, , f Jean H. Swartwodd
n M ' • Town Clerk
July 29, 19M
r