HomeMy WebLinkAboutTB Minutes 1988-05-09TOWN OF ITHACA
REGULAR BOARD MEETING
May 9, 1988
At a Regular Meeting of the Tcwn Board of the Town of Ithaca,
Toipkins County, New York, held at The Mayers School, 1251
Trumansburg Road, Ithaca, New York, on the 9th day of May, 1988,
there were;
PRESENT:
ABSENT:
ALSO PRESENT:
Noel Desch, Supervisor
Henry McPeak, Councilman
Robert Bartholf, Councilman
Patricia Leary, Councilwanan
Raymond Bordoni, Councilman
Thcmas Cardman, Councilman
Shirley Raffensperger, Councilworaan
John Ozolins, Highway Superintendent
Robert Flumerfelt, Town Engineer
John Barney, Town Attorney
Edward Olmstead, City of Ithaca Fire Chief
Gary Moravec, City of Ithaca Fire
Ccjtimissioner
Henry Aron, 106 Woolf Lane
Eveline Aron, 106 Woolf Lane
Robert Greenwood, 1431 Slateirville Road
Pat W. Little, 271 Bundy Road
David Auble, Butterfield Associates
Charles Kehler, 106 Grove Road
Iva Mechene, 125 Hopkins Road
Shirley Johnson, Jacksonville
Mary Poyer, 1435 Trumansburg Road
Ron Poyer, 1435 Trumansburg Road
Sandy Voorheis, 1415 Trumansburg Road
H. C. Heidt, Perry City Road, Trumansburg
Phyllis Joyce, 1416 Trumansburg Road
Lanny Joyce, 1416 Trumansburg Road
Vemon D. Lovley, 1215 Trumansburg Road
Helen M. Lovley, 1215 Trumansburg Road
Doris Madison, 1213 Trumansburg Road
Helen Wheeler, 1539 Trumansburg Road
Louis Wheeler, 1539 Trumansburg Road
Paul Bradshaw, 956 Snyder Hill Road
Nildiil Jain, 5 Glenwood Road
Mark Mellor, 5 Glenwood Road
Arlene Bradshaw, 956 Snyder Hill Road
Harris Sanders, 1201 Trumansburg Road
Jane Elevy Pollok, 1221 Trumansburg Road
Estella M. Sanders, 1201 Trumansburg Road
James S. Ainslie, 245 Hayts Road
Susan Mclntyre, 308 Farm Street
Doria Higgins, 2 Hillcrest Drive
Edward Austen, 255 DuBois Road
Betty Kenjersl^, 230 Hayts Road
TOny J. Kenjerska, 230 Hayts Road
Madeline Hart, 236 Hayts Road
Elmer Phillips, 131 Pine Tree Road
Charles Asay, 131 Hopkins Road
Eva Hoffinann, 4 Sugarbush Lane
Elizabeth Roscioli, 152 Bundy Road
Town Board 2 May 9, 1988
Roberta Chiesa, 159 Bundy Road
Ruth Schaaf, 134 Bundy Road
Herbert Schaaf, 134 Bundy Road
Heather Weiss, 105 DuBois Road
John Weiss, 105 DuBois Road
Gene Ball, 1317 Trumansburg Road
L. Sterginger, 1490 Trumansburg Road
R. Brown, 1408 Trumansbiorg Road
Nancy Kaproth, 465 Sheffield Road
Kathy Shippos, 105 Main Street, Van Etten
j Linda Coyle, Trumansburg, New York
June Walden, 121 Hopkins Road
Gordon Walden, 121 Hopkins Road
Joyce G. Hicks, 169 Oakwood Lane
Anna Lucas, 154 Bundy Road
Donna Van Order, 128 Bundy Road
Wilfred Chaffee, 158 Perry City Road
Irene Chaffee, 158 Perry City Road
Buzz Lavine, Tcnpkins County Planning
Isabel F. Hardy, 1487 Trumansburg Road
Martha Hagaman, 1485 Trumansburg Road
Jack Hagaman, 1485 Trumansburg Road
Representatives of the Media;
Andrew Patersen, WVBR, FM 93
Fred Yahn, Ithaca Journal
PLEDGE OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance.
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REPORT OF TCWN OFFICIALS
Town Supervisor's Report
Water & Sewer Borrowings
Supervisor Desch stated that on May 3 he had corpleted the
borrowing for the water and sewer project for cash flow purposes
involving $1,450,000 at 4.85% interest with the TOnpkins County
Trust Ccarpany being the low bidder for one year BAN's.
Litigation
Supervisor Desch noted that the Town had received the decision on
the Hull matter from the Appellate Division affirming the Supreme
Court decision in favor of the Town.
Klondike Manor Project
Supervisor Desch noted that he had distributed a brief report on
our efforts in appointing a small citizens advisory group to see if
a coiprcmise proposal for the Klondike Manor Project could be
achieved.
SdilWC:
Supervisor Desch stated that the Southern Cayuga Lake
Interraunicipal Water Ccannmission announced today the retirement of
Chief of Plant Operations Donald Terrell. Mr. Terrell has served
the Ccmmission in this capacity since the inception in a very
exemplary fashion, bringing the facility on line in 1976 and
overseeing considerable growth in stature and service. Don is
Town Board 3 May 9, 1988
recognized Statewide as an expert in the area of water treatment.
He will be missed.
TCftP Transportation Form
Participation in TCAD Transportation Form was enjoyable and lively
and hopefully will show the need to get on with critical decisions.
Everybody seems interested in intermunicipal cooperation to solve
the problems but there were not too many ideas as to how to
accarplish that.
Sales Tax
Supervisor Desch noted that the Town received its first sales tax
distribution check in the amount of $283,975.92 as a quarter of our
payment.
Town Engineer's Report
On Going Projects
Town Engineer Robert Flumerfelt stated that the two water and sevrer
contracts are proceeding very well. He noted that the Hospital
Access Road was almost conplete and we expect our contractor to be
ccTEplete with his work in two weeks. The County will then do the
final paving and place the shoulder material.
Infiltration/Inflow Study
Itie Town Engineer noted that the work on the infiltration/inflow
study in the Northeast has started. We have our flow meter on hand
v^ch we have rented with the option to buy for our continuous
readings.
Stream Preventative Maintenance
Town Engineer Flunerfelt stated that last week he had applied for
matching funds fran Tcicpkins County for a program they have each
year for stream preventative maintenance and flood control monies
to reduce the iiipact of flooding. This year they have $15,000
v^ch is available to Towns and we have asked for two-thirds of
that for two projects, $5,000 to use on the Hungerford Heights
drainage problem, vfcch is an item on the agenda and $5,000 to
iirprove the drainage in a stream v^ich goes under East Shore Drive
and under the Conrail tracks and into the lake v^ere erosion now
occurs during heavy runoff.
Forest Hcme Improvement Association
He went on to say that the Forest Hare Improvement Association is
very active and that representatives meet with staff almost
monthly. The Town Engineer noted that he had recently walked the
area with two representatives in regard to the traffic control
signs vAiich are in existence there and he felt that a lot could be
eliminated especially since now that we have more stop sign control
at a couple of those intersections so we will proce^ with taking
down the signs we don't need and updating the speed limit signs and
the truck exclusion signs. The Forest Hcme residents plan on
p)ainting cross walks on the pavement.
Tauqhannock Boulevard Water and Sewer Extensions
Town Engineer Flurrerfelt stated that there have been a lot of
questions from the residents of Taughannock Boulevard regarding the
water and sewer extensions and how they make connection to the
Town Board 4 May 9, 1988
services once they are available. He stated that a two page letter
had been sent out and there are still seme questions ccming in so
tcmorrow night we have a meeting with the residents.
Water and Sewer Contracts
Assistant Town Engineer Eric Whitney reported on the water and
sewer contracts. Mr. Whitney noted that Vacri was about 70%
ccnplete with only water on Trumansburg Road remaining and sewer on
Campbell Avenue. Rizzo Construction, the contractor on Taughannock
Boulevard is about 36% complete.
Si:5)ervisor Desch noted that he had alerted Mayor Gutenberger that
^0^ the contractor may start work on the Campbell Avenue sewer within
about a month so it may be necessary to shift the detour to Fcill
View for a couple of weeks.
Hi^way Superintendent's Report
Highway Superintendent John Ozolins stated that as far as
activities this month, truck #5 was serviced and changed from a
cinder truck to a dump truck again. Truck #4 is in service now, we
are awaiting delivery of some parts. He went on to say that the
940 loader went in to have an in chassis overhaul as well as
replaconent of muffler.
The Highway Superintendent went on to say that all of the residents
on the four streets that we are paving have been notified. One
half of Poole Road has been completed. The culvert across Indian
Creek Road has been replaced. We rented a street sweeper and all
the streets in the Town have been swept and we are continuing doing
ditching throughout the Town.
Hi^iway Superintendent Ozolins stated that Spring Clean Up started
on Monday the 25th and was finished on the 29th. He noted that he
had found a software package dealing with vehicle maintenance v^ich
was about half the cost of other software packages. The Highway
Superintendent stated that the Labor Department came down and did a
safety check on the 12th of April. What they mainly found were
some minor deficiencies that we can correct inhouse. Also, at that
time there was an inspector from the Industrial Hygiene portion of
the Labor Department and conducted a few spot check on the trucks.
The Highway Superintendent stated that the lower portion of Park
Lane was about 40% ccnplete. Ingraham is hauling the fill to
Grandview Park about a mile down the road. He noted that surface
treatment of roads would begin about the second of June.
Building Inspector/Zoning Officer Report
Building Inspector/Zoning Officer Andrew Frost report that twice as
many building permits have been issued this year catpared with last
year so far. The value of construction should be about equal with
last year by the end of June. He noted that mobile hcmes were now
being listed as Miscellaneous Construction now. Mr. Frost went on
to say that there was a use violation at 801 Five Mile Drive, the
gentleman did end up in Coiart and now has ten days to clean up the
M situation. 113 Elmira Road is an ongoing case, that went to Couirt
I and the gentleman was given conditional discharges on all three,
! v^ch he ignored and is now caning back to Coiart this Wednesday.
He stated it was possible for the person to spend seme time in jail
and then he would have to cite him all over again and go through
the whole process again. 1033 Danby is now going to Supreme Court
in June.
ffZ*
Town Board 5 May 9, 1988
Councilman McPeak asked if it would be possible to assess a
financial penalty if scmebody operates without a building permit,
then he is caught, and it has to be issued? Can we charge them
twice as much for a building permit?
Mr. Frost replied, not really. In terms of a financial penalty the
only reason that could be hiposed is by being found guilty in Tcwn
Court for violating the law.
^ Councilman McPeak added, if he ccmes and gets a building permit
I j after he had built, and has been caught, can we charge him twice
' the price?
Town Attorney Barney replied, there is not legal basis v^iere you
could do this.
Town Planner's Report
Town Planner Susan Beeners reported that she had attended a number
of meetings in the past month. She went on to say that at the last
Planning Board meeting the Cotprehensive Plan Guidelines were
discussed and that discussion will be continued on the 31st of May.
She asked the Board if they had any specific questions? The Tcwn
Planner went on to say that there have been a number of routine
citizen inquiries on a number of projects and that a large amount
of time is spent on individuals v^o are retiring and want to add an
apartment to their house.
COUNTY REPRESEMATIVE REPORT
County Representative Deborah Dietrich thanked the Board for
holding the meeting on West Hill. She went on to say that so much
_ time is being spent on Solid Waste that other projects are falling
[' through the cracks. Hopefully, we will be able to get a six month
I extension on the Landstrcm Landfill but she would keep the Board
posted on this. Representative Dietrich went on to say that the
County is having an appraisal of the land surrounding the Biggs
Cotplex with the thought of selling seme of that land. She noted
that Beverly Livesay has been selected to lead the oversite
ccramittee on the Youth Development Ccnprehensive Planning
Ccmmittee.
ELLIS HOLLCW EIDERLY PROJECT TAX NOTICE
Supervisor Desch noted that Councilwonan Raffensperger had raised a
question about the definition of fire protection tax and whether it
was a benefit assessment, an ad valorem assessment or a tax. He
stated that one thing that ccmes to mind on that issue, you may
recall that we filed for special legislation with New York State on
the request to allow us to use a share of our County sales tax
revenues for the payment of fire protection district taxes. Since
that is the case it is less desirable to try to interpret the fire
protection tax in the case of the Ellis Hollow project as a benefit
for ad valoron assessment, particularly with the type of a project
since its beginning in 1973 has been paying that amount every year.
Councilman Cardman asked if this was essentially the answer to the
question Councilwcman Raffensperger proposed?
Supervisor Desch replied, yes and that he had also talked with
Councilwcman Raffensperger and she was satisfied.
RESOLUTION NO. 127
9fZ
Tofwn Board 6 May 9, 1988
Motion by Supervisor Desch; seconded Councilman Cardman,
WHEREAS, the Town of Ithaca has been requested 1:^ Ellis Hollow
Elderly Housing Associates to review the tax abateinent agreement in
light of the decision of the Town of Ithaca to take its share of
sales tax direct, and
WHEREZ^, the Town has evalxiated the various options available to it
under the current agreement v^ch has been effective for over 15
years,
NOW THEREFORE BE IT RESOLVED, that the TOwn of Ithaca hereby
modifies the in lieu of payment frcan $20,000 to $14,609 for 1988
and waives any penalty which may otherwise be due if payment is
made by August 1, 1988, and
FURTHER BE IT RESOLVED, that the Town of Ithaca will discuss with
Ellis Hollow Elderly Housing Associates revisions to the agreement
\diich could be inplemented on January 1, 1989 providing the project
files for a tax abatement with Tcmpkins County for 1990, prior to
August 1, 1988.
(Desch, McPeak, Bartholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
ROADWAY NEIWORK FOR THE BUTTERFIEID PROJECT
Supervisor Desch remarked that this was a much reworked layout in
terms of the positioning of the buildings. At one point, there
were all private roads and at another point they were all
cul-de-sacs, so after much persuasion on the part of the staff we
now have a network of roads that makes it much more practical for
the Town to maintain and get fire access in and out, etc.
Tcwn Planner Beeners noted that there were several requirements
vdiich included the requirement of other public facilities, such as
a potential trail easement \diich will be provided in Stage 1, also
the alignment of one of the roads in Stage 1 opposite a
right-of-^way \^ch was approved by the Planning Board in a prior
subdivision. She showed the Board, on a map, the proposed road
network. She went on to say that the trail would head easterly
toward the back line of Butterfield and then over to the Deer Run
road that would be exiting onto King Road.
RESOLUTION NO. 128
Motion by Councilman Bordoni; seconded by Councilman Baartholf,
RESOLVED, that the Town of Ithaca TOwn Board accept and hereto does
accept the location of the proposed Town roads and other proposed
public facilities as shown on "Butterfield" site plan, dated April
5, 1988, by Holmes Johnson Associates, for Phases or Stages 1 and 2
of said proposed development on Town of Ithaca Tax Parcel No.
6-44-1-4.31, conditional upon final acceptance of said improvements
by the Town Board, and further conditional upon ccsnipliance with any
requirements imposed by the Planning Board in Preliminary
Siabdivision Approval and Final Subdivision consideration.
(Desch, McPeak, Bartholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
DOVE DRIVE DRAINAGE IMPROVEMENTS
Town Board 7 May 9, 1988
TCwn Engineer Robert Flumerfelt noted that there has been a
drainage problem in the Hungerford Heights siabdivision area since
its developnent and has existed over the last couple of years. He
went on to say that the drainage is now collected in a eastwest
ditch across the subdivision and it exits on the west leg of Dove
Drive, It crosses that leg and goes down, cutting across a comer
of Cornell's land as the water heads towards Snyder Hill Road,
This is a pasture they use for their quite valuable horses, and
they are afraid of accidents because of the erosion that is taking
place there. It's a continuing erosion problem, there is a lot of
gravel being deposited down by the Snyder Hill Road ditch and there
is quite a volume of water that ccmes down through there. The Town
Engineer stated that this was one of the projects he had applied to
the County for their matching funds to solve this problem. He
stated that his reconmended solution was to install a storm
drainage culvert down the west leg of Dove Drive and to pipe this
flow to the Snyder Hill Road ditch and get it entirely off Cornell
lands. The developer of the subdivision has said he will cooperate
filling as necessary and regrading and seed in the eroded area
of the Cornell property. This resolution is to do that project and
to allocate approximately $5,000 of Town funds in addition to
$5,000 from the County and see if we can solve this problem once
and for all.
Councilman Bordoni asked if this was the result of Vam Brothers
construction on Dove Drive and Pheasant Lane and if so, vdiy was the
Town paying for it?
Town Engineer Robert Flxmnerfelt replied that this was a project
started before his time here. He got involved in it in it's later
stages. He stated that he could not tell the Board about the
entire background of it but anyway the decision was made at seme
point to direct the drainage, instead of down the ccramon property
line between Cornell University and residents land on Dove Drive to
^ direct that water across the Cornell University land. He felt, at
that point, no one realized the volume of water and the closeness
of the roc^ to the surface on the Cornell land and the erosion
capability of those soils. It's a case vAiere bedrock is just a few
within a few inches of the surface. When you get a runoff the
erosion area just keeps widening rather than deepening it's
channel.
Supervisor Desch stated that he felt part of the problem was that
instead of biting the bullet \^en that project was approved as a
subdivision there was an atteirpt to skirt the developed area.
There was two pieces there. The attotpt was to avoid putting pipe
in through vdiat had already been developed but to it around it
instead and that hasn't worked. There is seme gain to be made as
far as the part that the Town will be doing along the westerly leg
of Dove Drive which will eliminate not only this problem but an
older problem as well. Making the developer pay for the vdiole
thing, he was not sure this was achievable or not.
Councilman Bordoni remarked that it just seemed to him with all the
development that has gone on and will be going on, that if this
gentleman is not held accountable then it goes back to that saying
that development is not a way of saving money and ininning your
ccmmunity at a lesser cost but infact it ends up costing you more.
This is a perfect example of it. It's a little distressing to know
that we are going to spend a huge amount of money for the
malpractice of a contractor.
Town Engineer Flumerfelt replied, this is vdiy we are very careful
now to not direct drainage out of the channel that it would
normally and had always previoiosly flowed in, and also we are very
careful to, in any large subdivision, control the runoff so that it
Town Board 8 May 9, 1988
doesn't exceed its former rate hy use of retention ponds and
facilities. Hopefully, this type of thing will not happen again.
Supervisor Desch added, obviously you have the option of sending a
message back to the developer if that is your pleasure.
Councilman Cardman replied, that he felt in this case we should.
RESOLUTION NO. 129
/mm
Motion by Councilman Cardman; seconded by Councilman Bordoni,
RESOLVED, that the Town Board of the Town of Ithaca hereby require
that the developer, Vam Brothers, coixect the problon of the
drainage caused their subdivision.
(Desch, McPeak, Bartholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
AUTHORIZE EXPANSIOSf OF PART TIME TO FULL TIME POSITIOSf
RESOLUTION NO. 130
Motion by Councilman McPeak; seconded by Councilman Bartholf,
WHEREAS, there is a need in the Highway Department for
administrative assistance particularly in the area of ccnputer
input, and
WHEREAS, Patricia Punger vto currently works 20 hours per week as
payroll clerk is available for full-time enployment, and
WHEREAS, Ms. Punger has been eitployed with the Town for five years
and would be of considerable assistance to the Highway
Superintendent because of her knowledge of the Town's accounting,
budgeting and purchase systens,
NOW THEREFORE BE IT RESOLVED, that the TOwn Board of the TOwn of
Ithaca hereby approve the appointment of Patricia Punger as a
full-time Town ennployee serving 20 hours per week as payroll clerk
and 17-1/2 hours per week as Administrative Assistant to the
Hi^way Superintendent, effective date of aK»intment to be May 16,
1988.
(Desch, McPeak, Bartholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
APPOINTMENT OF PARKS AND OPEN SPACE PERSON
Supervisor Desch indicated that this item was not ready for action
tonight as there are more interviews to be conducted.
SET DATE FOR PUBLIC HEARING TO COSrSIDER FIRE STATIOSt BUDGET AND
OTHER FIRE SERVICE MATTERS
Supervisor Desch remarked that this item had to do with the fire
station budget and at this point, also the pending decision with
regard to the renovations and acquisition of three pieces of
equipnent. He noted that there is a need to hold a public hearing
to look at the tax rate exposure for the various options. Also,
there is a need to move forward if we expect to arrive at a
reasonable schedule to proceed with the work.
Town Board 9 May 9, 1988
RESOLUTIOJ NO. 131
Motion by Supervisor Desch; seconded by Councilman Bartholf,
RESOLVED, that the Tbwn Board of the Town of Ithaca will meet and
conduct a public hearing at 7:00 P.M., on May 24, 1988 to consider
the fire station budget with regard to the renovations and
acquisition of three pieces of equipment.
(Desch, McPeak, Bartholf, Leary, Bordoni and Caidman voting Aye.
Nays - none).
SET DATE FOR PUBLIC TO CONSIDER THE ADOPTION OF A SPRINKLER
ORDINANCE
Supervisor Desch remarked that this will reduce the overall
ccamtunity fire risks. He went on to say that we do not have a
proposed local law ready at this time.
RESOLUTION m. 132
ftotion by Supervisor Desch; seconded by Coimcilman Bartholf,
RESOLVED, that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 6:30 P.M., on June 13, 1988 to consider
a local law requiring the installation of automatic sprinkler
systems in facilities in the Town of Ithaca.
(Desch, McPeak, Bartholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
PERSONS TO BE HEARD
pmt]
No one present wished to speak at this time.
AUTHORIZE ATTORNEY TO REPRESHOT TCMJ ON MARGARET RUMSEY MATTER
Town Attorney Bamey noted that he and the Supervisor had discussed
this matter and that his office would handle this, however, it
would probably be sonneone other than himself.
Councilman Bordoni asked if the Board would have more infonnation
on this?
Supervisor Desch suggested that this should be discussed in
Executive Session at the end of the meeting. Following the
executive session the Board authorized the Town Attorney's office
to represent the Town in this matter.
SET DATE FOR PUBLIC HEARING TO CONSIDER ADOPTIOSr OF A NOISE
ORDINANCE
Supervisor Desch asked the Board v^en they would like to consider
this ordinance.
Councilmen Cardman and Bartholf suggested at the July meeting.
Councilwoman Leary stated that July was too late. She went on to
say that she thought the idea of the Noise Ordinance was because of
a potential problem on East Shore Drive during the summer and it
would be nice to move the date up. She asked about having it
considered at the June meeting.
Town Board 10 May 9, 1988
Supervisor Desch replied that he thought the Kyong matter would
take up most of the June meeting.
RESOLUTIOSr NO. 133
Motion by Councilman Bartholf; seconded by Councilman Cairdman,
RESOLVED, that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 7:00 P.M., on July 11, 1988 to consider
adoption of a noise ordinance.
(Desch, McPeak, Bartholf, Bordoni and Cardman voting Aye. Nays -
Leary).
AUIHORIZE ATTENDANCE AT IMPACT FEES SEMINAR
S\:?)ervisor Desch noted that Board had a resolution requesting
authorization for himself, Susan Beeners and Nancy Fuller to attend
the seminar. The Si:ipervisor noted that the Tcwn Attorney has
stated that he would also like to attend the seminar.
Councilwoman Leary asked viiy was Nancy Fuller going?
Town Planner Beeners stated that she suggested that Nancy attend
because was familiar with the assessment rolls and she helps assign
the units each year.
Councilman Cardman suggested that perhaps another policy making
person should attend.
Supervisor Desch agreed, adding that perhaps a Planning Board
member would be appropriate.
* Supervisor Desch asked Councilman Cardman if he would approve of
five people going and leaving the fifth person, as to \^o it is
open?
Councilman Cardman replied that he would be glad to approve five,
however, he questioned the need for Nancy Fuller to go. He stated
that he would like to see another policy planning person there v^o
has the understanding. We have the S\:^rvisor and Town Planner v^o
are going to reccmmend policy, the Town Attorney vdio needs to get
us through this v^ether we do this right or wrong.
RESOLUTKKNO. 134
Motion by Councilman Cardman; seconded by Coimcilman Bordoni,
RESOLVED, that the Town Board of the Town of Ithaca hereto
authorize the attendance by five people at the American Institute
of Certified Planners "Planner's Training Service Workshop" on
"Impact Fees" to be held at the Sheraton Hyannis, Hyannis,
Massachusetts, June 2-3, 1988, and
FURTHER BE IT RESOLVED, that the Town Board of the Town of Ithaca
hereby authorize a budget amendment fron Part-Town Contingency to
Planning B8020.403 in the amount of $1,000.
Desch, McPeak, Bartholf, Leary, Bordoni and Carxinan voting Aye.
Nays - none).
PUBLIC HEARING TO DETERMINE THE NEED TO ACQUIRE UNDER THE TOWN'S
POWER TO EMINENT DOMAIN THE LOCATIOSI OF TEMPORARY AND PERMANENT
Town Board 11 May 9, 1988
EASSyEJJTS FOR A SEWER MAIN PROPOSED TO BE LOCATED THROUOi THE LANDS
OF TAX PARCEL NO. 29-6--24.1
Proof of posting and publication of a notice of a public hearing to
determine the need to acquire under the Town's power to eminent
dcmain the location of tenporary and permanent easements for a
sewer main proposed to be located through the lands of Tax Parcel
No. 29-6-24.1 having been presented by the Town Clerk, the
Si:pervisor opened the public hearing.
S\:pervisor Desch stated that the public hearing has to do with the
acquisition of an easement to ccmplete the West Haven Road sewer.
Consideration of condemnation is no longer necessary as an easement
has been signed.
WATER ACCOUNT REFUNDS
RESOLUTK^ NO. 135
Motion by Councilman Bartholf; seconded by Coimcilman McPeak,
WHEREAS, a meter reading error was made by the custcmer for his
September 1, 1987 billing,
NCW TEffiREFORE BE IT RESOLVED, that the Town Boaixi of the Town of
Ithaca hereby authorize a refund of $57.79 for sewer, $4.59 for
sewer sinrcharge and $54.97 for water, total refund of $117.35 be
made to D. G. Allen, %D. Tufts, 260 Sapsucker Woods Road, Ithaca,
New York 14850. Account #V-3358.
(Desch, McPeak, Bartholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
RESOLl)TI(»f NO. 136
Motion by Councilman McPeak; seconded by Councilman Bartholf,
WHEREAS, an incorrect reading was taken on the water meter for the
East Lawn Cemetery,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby authorize a refund of $117.97 for water, $11.79 for
water sxarcharge, $67.04 for sewer and $8.26 for sewer surcharge,
total refund of $205.06 be made to the East Lawn Cemetery, 934
Mitchell Street, Ithaca, New York. Account #S-844.
(Desch, McPeak, Baitholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
AUTHORIZE HIGHWAY SUPERINTENDENT TO ATTEND 1988 HIQjWAY SCHOOL
RESOLUTION NO. 137
Motion by Councilman Bordoni; seconded by Councilman Bartholf,
^ RESOLVED, that the Town Board of the Tcwn of Ithaca hereby
authorize Highway Superintendent John Ozolins to attend the 1988
Highway School to be held June 6, 7, and 8, 1988 at Ithaca College,
Ithaca, New York.
(Desch, McPeak, Bartholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
Town Board 12 May 9, 1988
PARTICIPATIOJ IN THE CDRNELL TRADITION PROGRAM
Supervisor Desch noted this was a program the Town has participated
in very successfully for several years with considerable savings to
the Town. Basically it will be for three to four students.
RESOLUTIOSr NO. 138
Motion by Councilman McPeak; seconded by Councilman Bartholf,
WHEREAS, there is a need for additional skilled enployees during
the summer months in engineering, planning and parks departments,
and
WBffiREAS, the Town of Ithaca has an opportunity to participate in
the Cornell Tradition program v^ereby Cornell students can work for
the Town, in jobs relevant to their course of study, and the Town
would be reimbursed for 50% of their salaries.
tKDW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby approve the Town' s enplqyment of three or four
students through the Cornell Tradition Program in the following
areas:
Planning Aide - Planning Department - salary $5.00 to $6.00/hour to
be charged to appropriation account B8020.100 Planning Personal
Services. Funds included in 1988 budget.
Engineering Aide - Engineering Department - salary $5.00 to
$6.00/hour to be charged to ajpropriation account A1440.100
Engineering Personal Services. Funds included in 1988 budget.
Period of enployment to be between May 19, 1988 and August 24,
1988.
(Desch, McPeak, Bajrtholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
SUMMER YOUTH PROGRAM
Supervisor Desch noted this was a County sponsored program for kids
age 14 to 19.
RESQLUTIOJ NO. 139
Motion by Councilman Cardman; seconded hy Councilman Bartholf,
WEIEREAS, the Town of Ithaca is eligible to receive $3,300 in 50%
matching funds fixan Tompkins County as reimbursonent for hiring
youth between the ages of 14 and 19 inclusive for a maximum of 120
hours each during the summer, and
WHEREAS, the parks, engineering, hi^way and planning departments
have ne^ of additional help during the sunmer months,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby approves participation in the Summer Job Program to
the limit of the full eligibility of $3,300. i^propriation
accoimts to be charged for the sunmer youth program are: A1440.1
Engineer Personal Sejn^ices, A7140.1 Playgrounds & Recreation
Personal Services, B7140.1 Parks Personal Services, B8020.1
Planning Personal Services, DB5140.100 Highway Brush & Weeds
Personal Services. Rate of pay to be $3.35 per hour.
Town Board 13 May 9, 1988
(Desch, McPeak, Bartholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
OOMPUTER SMINAR
RESOLUTIOSr NO. 140
Motion by Councilman Cardman; seconded hy Councilman Bordoni,
RESOLVED, that the Town Board of the Town of Ithaca hereby
authorize Sally Alario and Patricia Punger to attend two ccmputer
workshops entitled "DOS" and "Hard Disk Management." Both
workshops to be held at Ccnpiter Education, Ithaca, New York, on
June 3, 1988. Total cost of workshops is $150 to be charged to
A1340.4 Budget Contractual.
(Desch, McPeak, Bartholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
AUTHORIZE STREET LIOCTING FOR DANBY ROAD - VISTA LANE INTERSECTION
RESOLUTIOJ NO. 141
Motion Councilman Bordoni; seconded by Councilman McPeak,
WHEREAS, a street light is needed to sufficiently illuminate the
intersection of Vista Lane/Route 96B (Danby Road) within the Town
of Ithaca,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca authorizes the installation of the above street light as
part of the Townwide intersection lighting policy, the location to
be determined by mutual consent of the Town, NYSDOT and NYSEG.
(Desch, McPeak, Bartholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING LOCAL LAW NO. 3 -
1987
Town Planner Beeners noted that this item refers to the Butterfield
project. The local law that established that Multiple Residence
District was modified once before as far as the time frame for the
construction of the project. She went on to say that she was
asking for a modification of the time frame in which the Town can
reasonably require the project to be corpleted and suggested it be
extended from April of 1990, as it stand now, to September of 1991.
Councilman CarxSman asked, vhy?
Town Planner Beeners replied that this local law for that multiple
residence district has a lot of conditions in it that she felt
normally would not be required. Back vdien Bill Manos came in with
a proposed, the site had been ab^doned for quite a vMle and there
appeared to be a need to establish a definite deadline to see a
^ reasonable ccrapletion of this project. That was modified back in
1987. Town Board extended the time frame to give a little extra
time on it to see the project ccmpleted. Now we have preliminary
subdivision approval on two of the phases of Butterfield, it
appears a good design has been work out. There has been a good
relationship established with Cornell on their South Hill Swairp and
indeed the project will go on and be ccrapleted. We are asking for
another modification to the time frame.
ii#
Tcfwn Board 14 May 9, 1988
Supervisor Desch asked if that was the only modification being
requested?
Town Planner Beeners replied, yes.
Councilman Cardman remarked that this was an abnormal thing to do
to a developer, to have a time frame.
Supervisor Desch replied, yes. It was a totally different kind of
a project initially because there was concern about impacting on
t the developed properties on the other side of the street. Since
this project sets way back it is totally different.
Councilman Cardman remarked, but you still feel we need to have a
time limit on it? He asked the Town Planner how she felt about a
time limit.
Town Planner Beeners replied that she had confidence that the
project was of a good design now and that Stages I and II could be
constructed within that time frame. She suggested that the time be
modified one more time and if there is a next time around, just get
rid of that time clause.
Councilman Cardman asked viiat this time limit gave the Town? If
they don't finish on such and such of a time, vdiat does it mean?
Town Attorney Barney stated that he had not reread the local law
but he thought the intent was that it would revert back from
multiple residence to R-15 or R-30, vtotever it was.
RESOLUTION NO. 142
Motion by Supervisor Desch; seconded by Councilman Bordoni,
i RESOLVED, that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 8:00 P.M., on June 13, 1988 to consider
an amendment to Local Law #3 - 1987.
(Desch, McPeak, Bartholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
SPECIFICATICaJS AND BIDDING FOR NEW TRUCKS
Highway Superintendent John Ozolins stated that there were two
specifications for bids, one will be for the truck and chassis and
the other for the box and snow plow equipraent. As far as estimated
costs on the vehicle, all the distributors that he had talked to so
far as ordering two at one time say there is a saving there. Buy
one this year and then buy the other the next year but still
bidding on both at the same time. As far as rough costs for just
the truck and chassis we are looking at approximately $50,000 to
$55,000. The box and snow plow equipment will be roughly $23,000
to $24,000. Trade-ins for the two trucks, we are looking at
roughly $2,500 per truck. He went on to say that the box he was
interested in obtaining was a conbination dunp box and cinder
spreader.
Councilman Bordoni asked if the box had a hydraulic cover?
i I
i ' Highway Superintendent Ozolins replied that the box tips sideways
hydraulically but as far as a cover for the conveyor belt, you just
flop it down so you can use it as a regular dunp box without doing
any damage to the conveyor belt. Seneca Coimty has one and they
are extremely happy with it. The advantage of this type of box is
that you can haul and cinder in the morning and in the afternoon
\
Town Board 15 May 9, 1988
you flip down the cover and you can haul gravel or whatever without
having to take the time to pull off an in-box spreader.
Counciljman McPeak remarked, lets go back to the trucks. You said
if we buy two now they would be cheaper?
Town Highway Superintendent Ozolins replied yes, generally if ve
order two and then take delivery of one this year and the other one
after January next ye^ they will split the profit off of one for
the two.
Councilman Cardman asked if the prices he quoted were within the
budget that the Highway Superintendent had for trucks?
Town Highway Superintendent Ozolins replied no, about $31,800 WDuld
have to be taken out of the Reserve Fund.
Councilman Cardman asked if that was for both trucks?
Highway Superintendent Ozolins replied no, that's just for one
truck, we would have to budget for the one next year.
RESOLUTION NO. 143
Motion by Councilman McPeak; seconded by Councilman Bartholf,
RESOLVED, that the Town Board of the Town of Ithaca hereby approve
the specification for two new trucks and box and snow plowing
equipnent for each and authorize bidding for same.
(Desch, McPeak, Bartholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
APPOINTMENT OF HIGHWAY SUPERINTENDENT AS HAZARD COMMUNICATiaNS
OFFICER
RESOLUTION NO. 144
Motion by Councilman Bartholf; seconded by Councilman Cardman,
WHEREAS, the federal Occupational Safety and Health Administration
has expanded the Hazard Ccartnunication Standard to include all
enployers, and
WHEREAS, the Standard requires that aiployers develop a written
hazard ccannunication program, establish a written eirployee training
program, begin a hazard labeling systan and obtain a material
safety data sheet for each material that could be considered
hazardous,
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Ithaca hereby appoint Janis G. Ozolins, Highway Superintendent, as
Hazard Corrnunication Officer assigned with the responsibility to
coordinate the above activities to cotply with the standard.
(Desch, McPeak, Bartholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
APPOINTMENT OF COURT CLERK
RESOLUTION NO. 145
Motion by Councilman Cardman; seconded by Councilman McPeak,
Town Board 16 May 9, 1988
RESOLVED, that the Town Board of the Town of Ithaca hereby appoint
Judy Bemal as Court Clerk to Judge Warren Blye at a salary of
$6.00/hour, 15 hours per week effective immediately.
(Desch, McPeak, Ba3±holf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
FINANCIAL REPORT
RESOLUTIOJ NO. 146
Motion by Councilman McPeak; seconded by Councilman Cardman,
RESOLVED, that the Town Board of the Town of Ithaca hereby approve
the ^ril Financial Report as presented.
(Desch, McPeak, Bartholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
TOWN OF ITEiACA WARRANTS
RESOLUTION NO. 147
Motion by Coimcilman Bordoni; seconded by Councilman Cardman,
RESOLVED, that the Town Board of the Town of Ithaca hereby appraves
the Town of Ithaca Warrants dated May 9, 1988, in the following
amounts:
General Fund - Town Wide $ 41,780.71
General Fund - Outside Village $ 24,200.05
Midway Fund $ 39,621.42
Water & Sewer Fund $249,406.40
Lighting Districts Fund $ 446.96
Capital Projects Fund $ 5,149.21
(Desch, JfcPeak, Bartholf, Leary, Bordoni, and Cardman voting Aye.
Nays - none).
BOLTCM POINT WARRANTS
RESOLUTIC^ NO. 148
Motion by Supervisor Desch; seconded by Councilman McPeak,
RESOLVED, that the Bolton Point Warrants dated May 9, 1988, in the
Operating Account are hereby approved in the amount of $81,203.28
after review and upon the reconmendation of the Southern Cayuga
Lake Intennunicipal Water Coimission, they are in order for
payment.
(Desch, McPeak, Bartholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
SOUTH HILL RECREATIONAL TRAIL
Supervisor Desch noted that the Board had background information on
the South Hill Recreational Trail and the reason this was now
coming back to the Board at this time was because of the deadline
in filing applications. He noted, however, that it was a
relatively large ccaranitment so if the Board did not feel
comfortable in moving forward, it will simply mean that we wait
Town Board 17 May 9, 1988
mtil the next opportunity to apply, viiich will be next year. He
went on to say, that as the Board knew, this is not a new concept,
it's siitply as a joint project with the City, a matter of moving
forward with the application for the environmental bond monies.
Councilman Cardman asked, "if we don't move will we be holding the
City up"?
Supervisor Desch replied no, there is still seme work to be done
with the City, in fact George Frantz, Assistant Planner will be
going to the Board of Public Works meeting on Wednesday. There is
no guarantee that it will all ccme together, it's just that this
would be one step in the process.
Councilman Bordoni asked how the shares were established?
Supean^isor Desch replied, it's based on the length of the trail in
the City and the length in the Town.
Councilman Bordoni rCTiarked, it looks like 80% of it is in the
Town.
Supervisor Desch replied, that's right.
George Frantz, Assistant Planner replied, much of the portion of
the trail that the City would help us on extends from Buttermilk
'Park up the railroad grade and aroimd South Hill to the City line.
Councilman Cardman asked, if we did this, the $43,000 that ccmes
out of Town funds, vdiat fiscal year would this be done in?
Assistant Planner replied that the earliest it could be done, given
this time frame for reviewing the project, bidding and reviewing
jmm "the bids and all the paper work between the Town and the State, it
would be late i^ril of next year.
Town Planner Beeners added, the work would be completed within two
years.
Si:pervisor Desch rotiarked, it would be our priority item for the
Parks budget next year v^ch is something we have talked about for
a couple of years so it does dovetail with that time frame.
The Assistant Planner went on to say that also, a lot of the budget
could be in-kind work on the part of Town crews.
Councilman Cardman questioned, part of the $43,500?
Assistant Planner Frantz, replied, yes. This is more of a
comnitment of Town resources.
RESOLUTION NO. 149
^totion by Councilman Cardman; seconded by Councilman McPeak
RESOLVED, by the Town Board of the Town of Ithaca, that the Town of
Ithaca Supervisor, Noel Desch, be authorized and directed and
hereby is authorized and directed to file an application on forms
*** prescribed by the New York State Office of Parks, Recreation and
Historic Preservation for financial assistance in accordance with
the provisions of Title 9 of the Environmental Quality Bond Act of
1986, in an amount not to exceed $58,000 and upon approval of said
request to enter into and execute a project agreement with the
State for such financial assistance to said Town of Ithaca for the
South Hill Recreational Trail.
9
Town Board 18 May 9, 1988
(Desch, McPeak, Bartholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
PUBLIC HEARING TO CaJSIDER A LOCAL LAW REZOJING 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, FROM RESIDENCE DISTRICT
1^15 TO BUSINESS DISTRICT"B", AND WITH RESPECT TO THE PROPOSED
REZOJING OF A 12 ACRE PORTIGSf 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
^0^ 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 rezoning of a 12
acre portion of said tax parcel frcm Residence District R-15 to
Multiple Residence District having been presented by the Town
Clerk, the Supervisor opened the public hearing.
Mrs. Song Kyong stated that she was the owner of the property and
an enployee of her husband. She saw the needs for some
neighborhood services that would be a benefit for a neighbor or an
enployee of that area. We had a plan to live up there so she
considered herself a resident of the area up there, too. Since she
thought about that she heard frcm her neighbors and friends that
they had the same problem and she thought that Bob Leathers vho
renovated her husbands office showed his excellent application of
his talent so she spoke to Bob. Mr. Leathers will es^lain the
plan.
Robert Leathers, Architect for the Kyong Project stated that three
years ago he took a walk on a piece of land, the piece of land was
the Kyong property. The purpose of that walk was to decide in fact
vhat were we going to do with a Greek revival house and how we
might renovate that into Dr. Kyong's offices. In doing that walk
though, we discussed the possibility of their building their own
home there and how beautiful the setting would be for them. This
project started with their desire to move there as a neighbor. One
hour ago, he stated that he took another walk on that same piece of
land. He stated that he discovered today that indeed it was every
bit as beautiful as it was then. A very rural setting. He went on
to say that that may soimd strange within about two miles of a
pretty good sized growing ccmraunity like Ithaca but v^en you are up
on that piece of land you are very isolated. Frcm the middle of
that piece of land the only house you can see is the one down 1:^
the Cornell bams, just south of the Kyong's property. You
overlook the substation of NYSEG'S, the cemetery is on the left and
in the back is a beautiful lake that extends all the way across.
No houses are at all visible except that one house of Cornell's.
Mr. Leathers went on to say that this is indeed a beautiful piece
of land, it should stay beautiful. What has happened as we talked
about putting the Kyong's house there is that we found, indeed,
that it was possible maybe to put seme other things there but with
a different approach. When we first started talking with the
Kyong's about how this might be done it was a little different than
the typical developers approach. The kinds of questions they were
mm asking were not the typical ones, but what if we do that how can we
infact, maintain that rural character. What if, in fact, we put in
some services that could make this even more of a neighborhood.
What if when we develop that we could irtprove vdiat is already there
and that is the jdD we have been assigned. In fact, in developing
it not to have less when we are done but to have something that in
fact is attractive and will be a good neighbor.
Town Board 19 May 9, 1988
Mr. Leathers stated that in ejqjloring vtot might go there, vtet we
discovered was that in fact moderate priced long term rental units
is scanething that is needed. Neighborhood services, now not
supermarkets and department stores and gas stations but in fact
small facilities. Something with a deli in it, something that will
have a laundromat in it, a florist shop, a barber shop, the kind of
searvices that you have are locally oriented, just for the
neighborhood, not for the v^ole City, just for the neighborhood.
So vdiat evolved vdien we talked about this was in fact the images of
^ a very small developer for commercial uses followed behind that
with a multi-family housing. To give you some idea vdiat this would
look like, how this might be done, he stated he was going to turn
this over to Don Ellis, Project Architect on this particular
project to describe to you how we see this pairticular development
done.
Don Ellis noted that there were at least three or four different
kinds of major issues to be addressed here in just putting forward
the particulars of the project. He stated that he would like to
start with the biggest picture and work down to seme particulars
such as traffic counts and the issues of planning. He stated that
he thought the big picture could be helped by a map. The map shows
the Route 96 alignment. He pointed out the Kyong*s parcel, the
hospital coiplex. Mr. Ellis remarked that one of the reasons they
were so excited about this project at this location is that they
are quite convinced that there is a very good fit in the
neighborhood. The nature of the neighborhood in terms of how it is
used today shows Candlewyck, multi-residence, and R-15 that's the
denser of the two categories. Lakeside Nursing Home, R-30,
multi-residence and then this building here. As far as we can see
there are multi-residence and institutional, a Business "A" use.
On the other side we have an R-15 district, the conetery, a little
bit of R-15 with the school house and chapel and then the Kyong
^ parcel v^ich right now contains the house v^ich has been renovated
as doctor's offices. Below that we have a good size parcel that is
held by NYSEG of vdiich only part has been developed as a
substation. There is more land owned by Cornell with a house and
bams in a County setting. Below that is the location of the
future fire station and then seme R-15. This is the nature of the
neighborhood. He stated that he taken photo's in all directions in
order to really understand what the neighborhood is like. On the
other hand, we also walked along the road and took pictures looking
into the site, it's kind of tucked in a bit. It's a very private
and very separate kind of space and a lot of this is not visible at
all.
Mr. Ellis continue, noting that in looking at this back in January
when Mrs. Kyong said let's really take a hard look at this, we went
out and walked this land and the adjacenties, etc. One of the
ideas was that it could be in three parcels and part of reason is a
certain kind of buffering and major pairt of the reason is the
intention to fit it nicely into the neighborhood so that it will be
appropriate and suitable. In that vein, the upper part of the
land, the most conspicuous part, we have no proposal for at all,
it's R-15, zoned R-15 now and we expect that along with other R-15
in this region v^ich will most certainly in the future develop as
single family residences in the R-15 mode. This will develop seme
day in that sort of sense. In the middle there is a strip that we
frnm propose as multi-residence and then ccnmercial. There are good
site lines, easy access, the hospital light is a good ideal
entrance for more than just the hospital. Once you have a strong
intersection like there there is a natural place for any other kind
of development to happen. These three zones that we would have,
assuming the approval of the rezoning request are commercial and
multi-family. The multi-family is twelve acres, as we have it
drawn. Within that, we are proposing ten separate buildings each
OT
Town Board 20 May 9, 1988
having six rental units. They are spaced carefully through the
site to give thon a lot of rocM, each is faced away frcan the other.
We think they fit into the site well. We are proposing a type of
construction that does not rise real high but fits into the land
and works with the landscaping. There is a new road proposed.
There would be a main road coming in from the Hospital entrance
curving slightly. Within the multi-family area we have set aside
1.9 acres that we would deed to the Town for park development.
This sort of anticipates for the future that other residential
^ developnaent may happen to the south and this could be a focus
point. There are several large parcels that are designated R-15.
Mr. Ellis went on to say that the larger parcel near the road is
made up of several things. It is 15.86 acres v^ere we are
requesting you rezone as commercial. This area has quite a few
parts, it has a 125' buffer strip v^ich he felt was appropriate to
provide buffer between the proposed multi-family and the
caranercial. That strip going the vrfiole north and south length of
the property. Along the stream we are proposing the development of
another buffer. Right now this is pasture, on the other side of
the stream by the cemetery it is all wooded and we would like to
pull the woodedness across the steam and develop a buffer on that
side too. That comprises altogether about three acres. So the two
buffers together ccm±)ine into almost four acres. He went on to say
that they had various setbacks that they are working with. There
is a setback from the Trumansburg Road and there is a setback from
the road they are proposing to build. He noted that the road takes
\jp quite a bit of space and even branches within the commercial
section causing even more road, even more land dedicated to
setbacks. We started with almost 16 acres of commercial
development and v^en we are all done we end with 5.4 acres after
you subtract the buffers about three acres that has to do with the
farm as it exists, the farm house, the bam and the tool bam. We
don't want to interrupt them, we want them there as a theme and
pull them into the other part of the development. The sixteen
acres that we propose as commercial, once all the pieces are pulled
from it, is really about 5.5 acres that is available for
development commercially.
Mr. Ellis stated that they were proposing four commercial
buildings. The building sitings are worked out to create
interesting exterior spaces, to create court yards and a sense of
space. It it something like the clustering of bams on the Comell
property. We like that rural idea. There is a drive-thm bank and
the other four are all imder 6,000 square feet vdiich is a magic
number in the bxiilding code. We propose to do them with wood
frames because we think that is appropriate and fits with the
neighborhood. They can be residential-like as opposed to
commercial-like. No flat roofs, these are biu.ldings that take off
with the theme of the buildings that exist in the neighborhood and
are moderate in size.
He stated that he had talked about some of the planning issues and
seme of the site issues. There also are the site utility issues.
The site is quite well serviced. There is sewer at the Bundy Road
vhich will be extended to the new fire station and we get involved
and negotiate to extend up to the Kyong property. The water is
extended through all the areas we propose to develop. The highway
is there, the utility conpany is right next door so it is a site
that is quite well served at this point. Traffic is something that
i is an issue that we all live with these days. This is a proposal
that is perhaps unique among development proposals in one
particular way, this is a low density proposal. We are actually
proposing a density of construction here that is less than v^at
would happen if the R-15 designation was continued and it was
developed as R-15. We are proposing only 60 dwelling units in the
Zl
Town Board 21 May 9, 1988
multiple family area. Under R-15 you can project it several ways
but 69 units seems to be a reasonable number that could develop
here. We are proposing less than vhat might happen if it should
remain R-15. In the ccramercial area, you can't really ccantpare
stores to houses but in terms of square footage, we are proposing
20,000 square feet of development and that includes the existing
buildings so all together we are proposing to add roughly 16,000
square feet of retail space on a parcel that is sixteen acres in
size. It is an exceedingly low density. Within that parcel, if it
*** remained R-15 we could have a much larger number of houses, 84
houses could develop in this space. This is a very low density
project.
Mr. Ellis noted that he had the number mixed up, the first one is
52 houses and 69 in the other one. If the 69 houses were
developed, and if they were more or less like other houses in this
area, we are talking about 30,000 to 40,000 square feet of
development as opposed to our 16,000. It is a very low density
kind of thing. The traffic that would be generated from an R-15
development here, just these two parts and disregarding the back
portion, would be quite a bit more in the critical places than the
traffic that will develop fran \^at we are proposing. The critical
place, of course, is the octopus. One of the things about this
proposal is that it is really West Hill oriented. One might expect
that most people who might live in this multiple residence area
would not work on West Hill. There isn't that much employment on
West Hill. Some of thoxi probably would. We might be surprised how
many actually work on West Hill, the Biggs Coirplex, the hospital or
any of the medically related services here. Seme will not be
crossing the octopus, seme will. In addition to being a low
density proposal, relative to the land use in seme regard it is a
low density proposal relative to the traffic pattern.
^ Mr. Ellis went on to say that an inportant sort of issue relative
to the site is vtot is going to happen with Route 96? Let's take a
look at vdiat has been proposed and v^at influence or affect that
has on vHciat we are proposing here tonight. The proposed alignment,
as to how it terminates at the hospital end seons to be a little
bit unsettled. There are three different proposals for alignment
but they are essentially all the same from the point of view of the
Kyong proposal. They all happen across the road. This seems to be
the physical edge of the consideration of Route 96 vMch needs to
reconnect, obviously, with the existing 96 alignment. It is rather
logical that it does that before Hayts Road, all of the proposals
show that. The 96 development is away fran vdiere we are. What
happens for the commercial is really a good thing, the commercial
development will be, in a planning sense, traditional good
planning. There is a little short coimute from Town, at the end of
vdiich you can stop and run in and pick up a few groceries, drop off
laundry, pick up a few things. It's an ideal kind of location for
that. The schedule for the project is that within this year we
would complete the design and we intend to start construction of
two or three of the comimercial facilities, depending upon the
market, and then construct three of the ten multi-family units
hopefully before the end of this building season. The others would
follow in the next year.
Robert Leathers then showned slides that were taken \^le driving
mm, north on Route 96. He noted that the bam on Kyong's property
almost symbolizes that kind of area, a farm, a rural area. It is
possible to build buildings, if landscaped properly, that can in
fact be good neighbors to everybody else that is there. He went on
to say that the multi-family houses that they are talking about are
not townhouses. It is not apartment bioildings. It is building
that look similar to the ones he showed in the slides. They are
buildings, rural in character, that look like a single family units
n
Town Board 22 May 9, 1988
that have rental units within. That same character of building can
beccnie a ccannercial building. We are talking about building
buildings that are infact going to be in character very similar to
the buildings that are their neighbors, so that we can retain that
same rural setting. He noted that the slides that were shewn of
the buildings were not literally the building that were going to be
built. They are images similar to vtot we may be building. What
we will be building will be in fact scmething that will involve the
v^ole ccirnnunity. He went on to say that a few days ago, Mrs. Perry
v^o lives right down south of this property called us and said she
had seme photos of a shopping area off the Keys in Florida. That
input, that same type of input would continue for months so that we
in fact could find out vdiat you want v^en we build it. So that we
could design scmething that was responsive to the ccmmunity,
something that bxiilds a neighborhood. We want to design scmething
here that is going to work for ever^^iody. We want to build
scmething here that will build that neighborhood a place that you
can meet, a place you can share. Not scmething that divides the
neighborhood, we know how tough that is. He stated that he travels
all over the world doing these types of projects and it was his job
not to divide neighborhoods but to build neighborhoods. He stated
that he agreed, it was a beautiful area and we must keep it
beautiful and it is possible to build those neighborhood services
v^ch can go in these areas, v^ich has adjacenties of land use,
vMch has good access, it is possible to build those there and
build those beautifully so that they will be a good neighbor. He
went on to say that one hour ago, \^y did he go out on that land
again and stand on that land again, because he wanted to convince
himself that it was possible and if it wasn't possible he stated
that he would tell the people. He went on to say that as he stood
there and looked at that big pine tree at the top and the apple
tree against the sky, it's a very big responsibility to design
scmething like this and it is scmething that we take very very
^ seriously. It is scmething that we want to do for you, that we
want to make it good. He stated that he truly believed that in
fact West Hill would be better if there was a small deli, a
laundry, a barber shop, a florist shop there. He stated that he
believed that in fact the neighborhood would be stronger, he
believed that in fact it can be done and be done very very nicely.
That is v^at he is proposing to do here.
ENVIRCMfflSNTAL REVIEW
Si:?)ervisor Desch stated that the Town Planner Susan Beeners will
conduct the environmental review. He noted that most of the people
attending the meeting had been through this before and he
appreciated their bearing with the Board but for the Board this is
the first time most of the manbers have seen this.
Town Planner Susan Beeners noted seme minor typing corrections on
the narrative section. She noted that the application was for the
rezoning of 28.86 acres, 21 acres remaining R-15, 12 would be
multi-family and 15.86 would be Business "B". She went on to say
that the applicant is submitting a corrected copy for the record.
Ms. Beeners noted that Parts I and II have been ccmpleted, also
Part II A and an update to Part II A was ccnpleted for this Board
review. She went on to say that on the next page. Part I, page 2,
it should be noted that presently there are 0.23 acres of roads,
buildings and other paved surfaces. On page 4, #16, she noted that
she has had several ccmments that as far as solid waste facilities
to be used, that it just should be indicated Tatipkins Coxmty
Landfill and the specific location should not be given at this
time. On page 5, #C,3 should read 69 dwelling units. The first
page in the proposed Multi-family section, you need to make the
same amendments that Part II and the update have been ccnpleted for
91
Town Board 23 May 9, 1988
this document. On page 2, 11.27 acres of brush land presently and
the 0.23 acres should be recognized as still being on the entire
site as existing roads, building and surfaces. She stated that she
was not sure that that needed to be there and the Board could emit
that. At the present time there are no structures in the
multi-family area. On page 4 again, it should read just Tcnpkins
Coimty Landfill. On page 5, #C3, 52 imits total in praposed
multiple residence area.
The Town Planner went on to say that the Board had received her
review consisting of the Part II check list with the Part IIA
review that was presented to the Planning Board attached to that is
an appendix "A" prepared by the Town Engineer which has an analysis
of the traffic inpact followed by appendix "B" v^ich is the update
she did after the last Planning Board public hearing. She asked if
the Board wished her to summarize each area?
Sipervisor Desch asked if the Board would like to have the Town
Planner continue or open the public hearing. Supervisor Desch went
on to say that for those of you v^o were not he^ earlier, the plan
is, now that we have heard fran the developer, heard a brief
suninary on the environmental assessment, we will now open the
subject up for questions from the floor. He stated that he hoped
to give as many people as possible the opportunity to speak, he
stated that he did not want to have a hard fast rule that you could
only speak for three minutes but that he also reserved the right if
the people are continuing on longer than is appropriate, he would
then ask to hear from someone else. He stated that he wanted
people to understand that if you have other things that you want to
say and have not had the opportvinity that we plan to adjourn this
hearing and to continue it on June 13th, at 7:00 P.M., and it will
be continued at this location and at that time we will continue the
opportunity for the public to speak and also if there is other new
information that anyone wishes to bring in, either the developer or
the public can file that with us or v^atever. He stated that he
would like to avoid as much repetition as possible. If you feel it
is important for a statement to be repeated it is alright but he
would like to get any new information out first.
Deborah Dietrich, 221 DuBois Road stated that she want to ccnmend
Mrs. Kyong's vision and Mr. Leather's eloquent expression of that
vision but that she had seme questions as to how that vision fits
into a Master Ccnprehensive Plan for both South, West and East
Hill. How does it fit into other things that we are talking about
for West Hill. She stated that she felt we were putting the cart
before the horse a bit by giving this approval without planning
v^at we want first and then moving on to how those pieces fit in.
We tend to go for the first proposed development, we react to the
proposals we don't develop then. The second problem that she had
was that Route 96 may have seme resolution or at least we know \tot
the State may be premising or suggesting within the next two or
three months. Now all of a sudden this at this point, v^y not wait
a v^le and find out v^at is going on with the State proposal? She
stated that she was not sure we will get an answer out of the City.
She went on to say that she did have a question and that was if
this is a cemmercial development solely for the neighborhood and
yet you can only see one house from that caiHuercial development it
seons to her that it wouldn't be good business to put a cemmercial
imm- development in there. It's a very rural area and if our
neighborhood is that iniral, v^o is going to shop there if it isn't
people ccming frcm the City?
Supervisor Desch remarked that all questions should be addressed to
the Board as they will be making the decision. We will put all the
questions on the table. Then we will give the developer a chance
to respond. There are a lot of questions out there that may
Town Board 24 May 9, 1988
require additional work by the developer and perhaps seme
additional work by the Board. Also, we would appreciate your
coming up to the microphone. It will help is in recording to
obtain the correct record. Please give us both your name and
address.
Doria Higgins, 2 Hillcrest Drive read the following:
"Many of us are concerned about the discrepancy between the 20,000
square feet of commercial building shown on the site plan and
j presented as the proposal and the 15.86 acres in the rezoning
request. At the i^ril 3 Planning Board hearing both Dr. Lesser and
Mr. Klein catmented on this discrepancy and I understand it was one
of the reasons they both voted against the proposal. Clearly, if
that much acreage is rezoned commercial there is no way the Town
can prevent future reasonable, law abiding, commercial development
on it. And it is specious reasoning to pretend otherwise.
Some of you, I think, do not realize how large 15.86 acres is.
15.86 acres is more than doiable the size of the Coanmnity Comers
Shopping Center v^ich is about 7.4 acres (as I learned this morning
with the help of the tax assessors staff). A shopping center twice
the size of the Community Comers Shopping Center is a large one.
For you to rezone such a large area v^en the site plan presents
only 5 buildings on half an acre doesn't make sense.
This discrepancy between the 5 or 6 commercial buildings on 1/2
acre as shown on the drawings and the request of rezoning for 15.86
acres also contaminates many of the answers of the Environmental
Assessment forms prepared the Town Planning Department and the
developer. I called the Department of Environmental Conservation
in Albany this moming and reported to them as accurately as I
could the facts in this matter. They said that the environmentals
^ are not valid if the answers are dealing with only a small fraction
of the possible environmental inpact involved. To be valid and
I acceptable the environmentals will have to address the entire 15.86
acres not just 20,000 square feet.
The Kyong plan as so far presented is too vague, too lacking in
specifics. There are too many appealing sounding generalities
offered by them, similar to the pretty pictures of housing shown by
them at the Planning Board meeting as well as tonight — none of
vMch had been designed by Leathers. One letter writer to the
Journal supported the plan because she believed there would be a
restaurant — as you know restaurants are not permitted in the
zoning being requested by the Kyongs. The Hospital Board decided
the plan was too vague to either support or oppose.
The Town Planner and others have argued that construction of such a
shopping center "would help retain the residential character" of
the neighborhood, and that "there would be less pmssure on the
ronaining Truman^irrg Road corridor for commercial or high densii^
development" (page 12 of the excerpted Planning Board minutes of
April 3). I find it mind boggling that anyone, much less a planner
could make such statonents in this day and age. These kinds of
developments breed themselves like rabbits. Look at v^t has
happened to Cayuga Heights. First came the Ccnmunity Center
Shopping Center, then Triphammer Shopping Plaza, the the Small Mall
,mm Shopping Center, then Cayuga Mall Shopping Center, then Pyramid
Mall Shopping Center and who know vAiat will be next. And as to
"high density development" there is now in that small area Savannah
Park J^)artments, Lansing West J^jartments, Gaslight Village
i^)artments, Chateau Claire i^jartments, liie Carriage House
Pipartrosnts, Uptown Village Apartments, University Park ^^>artments.
Village Meadows i^>artments and Covert Bridge Apartments. Please
don't insult our intelligence by trying to make us believe that a
or,
Town Board 25 May 9, 1988
modem shopping center more than twice the size of Camraunity
Comers will preserve the low density residential character of our
neighborhood. The facts clearly say otherwise. Those of us v^o
live here, in this neighborhood, live here because we like it, not
because we yeam for Newark, New Jersey.
Decisions such as you are being called upon to make tonight are
being made daily in countless municipalities in every state of our
country, and made mostly by people like yourselves, intelligent,
^ well-meaning, elected officials, but people on the v^ole with
little or nor training or e3g)ertise in planning matters — people
v^o therefore can be led to mistakenly believe such dated slogans
as "you can't stop development," or "the more people the better the
tax base," etc. The fact is that you can stop development, and it
is beccming not only a moral and aesthetical imperative that you do
so, but it is rapidly beccming a survival imperative that you do so
- that we do so. The underlying basic planning variables are the
number of people for whom you are planning and the resources
available to support their life systans. Until those questions are
answered most planning today is bandaiding or wishful thinking.
But before answering those two difficult questions you owe it to
your constituencies to leam the contemporary 20th century truth —
you do not have to mindlessly vote for yet more and more
development because you have been brainwashed into believing it is
inevitable. It is not inevitable. You can stop development — and
they are doing so in other places such as Oregon and Maine. You
can save our beautiful ccmmtunities. Please do so when there is
still beauty to be saved — don't wait until it is a dreadful ugly
necessity."
James Ainslie, 245 Hayts Road stated that there was just one thing
hem that bother him. He heard the timetable of two or three
months as far as Route 96. He went on to say that he represented
^ agriculture on the Economic Advisory Board and that they had met
, I with John Gutenberger four months ago. He checked again with Frank
Liguori and he felt that if you looked into this, the Common
Council will not be presented the plans for Route 96 with the
environmental impact and the rest of it until 1992 and at that time
there will be two elections of the Common Council there will be two
mayorality races and at that time if the Cannon Council approves it
then Route 96 will start to be built. So you are talking about
probably 1995. He stated that his only concern was that on this
project or anything else on West Hill that we have a moratorium on
any building like this until we have a solid Route 96.
John Bowers, 1406 Trumansburg Road stated that he was the nearest
neighbor on the west side of the Trumansburg Road. He stated that
we have heard many eloquent statements from Mr. Leathers and his
associates about the rural nature of our neighborhood and how he
would like to preserve it and how wonderful his firm can improve
our area. He stated that he welcomed input from the ccmmunity from
the residents, frxan the people v^o actually live in this area. The
only thing that he didn't do before putting forth his plan was to
consult the people \^o live in this area. A group of us vdio live
in the area have gone to the trouble to do vhat the planners and
developers have not done. We have gone to the people v^o live in
the area and asked how they feel about commercial development on
Route 96. He stated that he was here to present the Board with a
pmm, total of 480 signatures on a petition vdiich opposes any rezoning of
the land immediately opposite the hospital from R-15 to Business or
to Multiple Residence and it also calls for a moratorium, as has
just been suggested, on any zoning changes in this area until the
Route 96 problem is solved. He went on to say that there were
thirty signatures missing due to circumstances beyond his control,
30 signatures are in the back of somebody truck.
Town Board 26 May 9, 1988
Chris Call, 337 DuBois Road, stated that she had lived there for
the past seven and one-half years. She went on to say that
although her home was the fourth house over the Town of Ithaca line
into the Town of Ulysses she lived closer to the parcel proposed
for a zoning change than most Town of Ithaca voters and the elected
representatives. She considered the area part of her neighborhood
and she strongly opposed cotmercial rezoning of this parcel or any
parcel between the flood control channel and Jacksonville on the
Route 95 corridor. She stated that she was a Town of Ithaca
resident when she spent over a year working with realtors to locate
land on which to build a hone that she intended to live in the rest
of her life. We chose our present neighborhood deliberately for
the stability of zoning protection as well as the beauty of the
surrounding and the superiority of the soii^ and micro climate for
growing things. We believe that future commercial growth in
residential speculative housing would be in the
Ithaca-Cortland-Syracuse corridor and specifically sought a part of
the county vdiere that was not likely. At the time we moved here
she stated that she was actively involved in a plan promoted by the
West Hill Civic Association to prevent the rezoning of the old West
Hill Elonentary School building to acconmodate its sale to an
industrial concein. She stated that she helped to found West Hill
Day Care Center, a not for profit agency, after the West Hill Civic
Association having determined that day care was a needed service in
the neighborhood, and the West Hill Day Care Center is still
providing needed neighborhood services across the street frcan the
parcel imder consideration. Meanv^ile, the School Board found a
use for the building less than a year after it had been proposed to
sell it to industry. The needs of the local School District may
again be more clear to those attending than to those local
officials and School Board members. She went on to say that she
attended an Enfield Elementary PTA meeting last week, an emergency
meeting, on how to cope with the eleven full class roans of
^ children expected next fall in the ten available class rooms there.
I Developnent in the portion of the School District that has Enfield
• ! as a home school is currently being actively stimulated by the Town
Board's decision to install water and sewer lines along Route 96,
Route 89, DuBois Road and the new off shoots of DuBois Road. We
are already building faster than the educational systan can
acccamtodate and an elementary school building would be an excellent
alternative use for this parcel in keeping with the residental
zoning of West Hill from the flood control channel to Jacksonville.
This needed service would provide more jobs in the neighborhood
than the commercial project, as it is described. The roads
currently available cannot acccffimodate the increased traffic
associated with commercial development. Large scale rental housing
projects might also strain available roadways. One wonders
in-deed, if this projects impetus does not stem in part from
individual efforts to bully through an xmdenocratic solution to the
Route 96 issue. That this is the only obvious reason for a clause
in the proposal allowing the developer to make roadway irtprovements
on public roads seem evident. A Triphammer Road configuration is
unacceptable here even if it is privately financed. There is room
for commercial development in the West End of Ithaca, in
Jacksonville and in Trumansburg. Competition from similar
conmercial enterprises at this location would not have a positive
effect. Continuing an appropriate development within those
municipalities is of benefit to County as a \diole and should be
supported if the Town of Ithaca holds the welfare of neighboring
municipalities in any regard at all, v^ch it frequently appears
' not to. As for the response of the immediate neighborhood to the
rezoning proposal, let's just make that clear, just say no.
Terry Moore, 211 Perry City Road, Trumansburg, New York, stated
that he was kind of one of the more distant neighbors of this
development but that he wanted to ccme and speak and ask a couple
fZ
Town Board 27 May 9, 1988
of questions because this v^ole corridor frcan the hospital up to
Trumansburg is developing veiy rapidly it seems. There have been a
niitiber of proposals recently in the Trumansburg area for more
cairoercial developnent on Route 96 and the Town line divisions may
be not the best divisions from a planning point of view. He stated
that his questions involve seme minor technical questions about the
developnent and that he share Ms. Dietrich's concern about the lack
of a Ccsiprehensive Plan for the Town of Ithaca. First of all, he
found it sort of a straw man argument that there could be a total
^ of say 69 units on the commercial area next to Route 96, that's a
possibility. Most developnents in this area do not work on quarter
acre lots. Most developnents in this area work on acre lots to
acre and a half lots. If the land were developed in that way he
would expect that the density would be somevtot lower. He went on
to say that he guessed the other question, to keep it brief, the
other question is what is a neighborhood? Is a neighborhood a
collection of houses, of business, of buildings or is a
neighborhood a place vdiere people live? To him, a neighborhood is
a place v^ere people live and it is caiposed of the people not of
the buildings. Buildings produced by an outside developer, scmeone
vdio does not live in this neighborhood, can be designed to be in
accordance with the physical configuration of the local buildings.
But that doesn't mean that the developnent is congruent with the
needs and the desires of the neighborhood.
Judy Cone, 211 Perry City Road, Trumansburg, New York, in the Town
of Ulysses but that she was a neighbor. She felt it was not
necessary to create a neighborhood up here. This is proof that we
are all neighbors, that is v^y we are all here. She stated that
she would just like to say that this development was not asked for.
The people in the neighborhood would not have signed these
petitions if we wanted it here. She stated that she felt that we
have to wait \mtil the Route 96 is developed or a plan is developed
^ before we do any major rezoning. She thought that the people \^o
1 live here bought their property just on trust that the zoning would
remain stable. When you go changing the zoning on people they
don't know vtet to e3q)ect, we might as well not have zoning. She
stated that she also believed that we should keep the ccnmercial
development in the towns, in Trumansburg and Jacksonville and the
City of Ithaca and keep them viable catmunities, keep thou viable
ccnmercial districts and not go centrifuging it out into the
country side v^ich is v^at they did in Lansing.
Elmer Phillips, 131 Pine Tree Road stated that vtot he had to say
was probably going to be very unpopular. Mr. Phillips stated that
he had lived in Ithaca since 1928 and that he had heard a lot from
jerry ccme lately's. He stated that he had seen a lot of changes
from four wheeled electric trolly cars that went up and down the
hill on to the present time. When we moved v^ere we did on Pine
Tree Road we had a lot v^ch sli^tly exceeds R-15, it's about
20,000 square feet. He went on to say that when you reach his age,
20,000 square feet is all you want to play with or you have
somebody else do it. Mr. Phillips remarked that he had been, one
way or another, associated with planning since mid '40's with
originally some surveys then with the Town Planning Board, then
with the Regional Planning Board and the he retired and decided he
had had enough planning because his chin had been out so much it
almost knocked his teeth out. And that unfortunately is the part
tmm people have to play when they are on a planning board. He went on
to say that it seemed to him for some time that this community is
going to grow and no matter whether you say it will not grow or
not, it will grow. Mr. Phillips continued, saying that he walked
the campxis with the vice president at Cornell, at one time, vdio
said isn't this marvelous, 10,000 students is all we will ever have
and we will never be more than three stories high. Well, vdiat do
they have, 18,000 students, a support crew, professors and others.
Town Board 28 May 9, 1988
mach larger tlian that now. Actually in total, much larger than the
City of Ithaca v^ch has remained pretty stable for the last sixty
years that he has been here. The Town of Ithaca was almost a
non-entity at that time, we found more pumps in the front yards of
places than anything else with shallow wells. It has grown and
grown and grown, and the only reason that it grows is because
scmebody needs a house or sanething to live in, otherwise they
would stop building. So if you want to say, we can stop it, you
can try it but they have also tried it in New England. Read Yankee
^ scraetime and you will discover how they have tried to stop it but
it can't be done if there is going to be continuous growth in a
connunity of people. He stated that he agreed with the man v^o
said that houses are built for people, not just for houses. He
stated that he sometimes wonders though when he looks either in the
Town or the City vhether people really believe that v^en he looks
at it from their front yards. Mr. Phillips remarked that this was
a slight regression but he felt that West Hill was bound at
sometime to have a small conmercial development v^ether it is large
enough even as it is proposed is the question that can only be
answered by people v^o go through the acreage and figure out v^at
the future might bring and use a clear cut crystal ball as we have
not done very often in the past. Mr. Phillips went on to say that
he agreed completely with the people v^o say we do need a
comprehensive plan and then we would have a picture of idiat was
necessary in the commtunity. Mr. Phillips remarked, but don't think
you can stop growth because you can't. The only thing you can do
is control growth and, therefore, if growth is controlled so that
people have a pleasant place in which to live and in vdiioh the
commiunity is a pleasant place to live, we can get along with both
commercial and with residential together.
Charles Asay, 131 Hofdcins Road stated that one of the things that
he sees with this project and the one of reasons that he is for it
is that he thought by the Kyong's taking the approach that they
j have, and made the front part of it a neighborhood store idea and
the back part housing the 60 units, he felt that one of the things
that he wanted to see if there is going to be growth in this area
that it is quality growth and that it stands up to the standard of
the growth that he would like to see. He went on to say that with
the Kyong's putting both of these factors in place, he thought it
was in their best interest to make this quality complex and to make
it of the highest standards. Mr. Asay went on to say that he was
not one to forecast to see vdiat is going to came in the future but
if this is one of the first types of this project ccmdng in, then
he wants this one of high standards. Because if there are others
to follow and this one is not of a high standard, as it is, then he
felt the others ones that do come in can be of a lesser quality.
Nancy Kaproth, 465 Sheffield Road stated that she was a Town of
Ithaca resident. Ms. Kaproth went on to say, to the Town Board,
that she was certain they would hear this evening, much about the
problons involving locating the proposed Kyong developnent across
from the County Hospital. She stated that she hoped a satisfactory
accomEnodation can be arrived at between the close neighbors, the
Board and the developers so that in some acceptable form the
development can be brought ahead. Ms. Kaproth stated that she was
here tonight to tell Board members that there are people in the
Town \dio are tired of driving through the Octopus for each and
jMt every purchase and v^o would enjoy seeing a small commercial
district located in the West Hill area. Town planning is an issue
here, some have sited concern that another Elmira Road situation
would mushroom or perhaps another Pyramid Mall. She stated that
she did not believe that granting this development means variances
have to be granted to others. Limits can be set if things are
planned. She went on to say, finally how many petition signatures
are from Town residents? She felt this was inportant. How many
87,
Town Board 29 May 9, 1988
signatures on these petitions are fron otployees who work near by?
She stated that she personally had not been approached although she
fits both categories.
John Weiss, 105 DuBois Road stated that he supposed vhen he first
heard about the possible development there he also thought about
the inconvenience of going through the Octopus. And the fact that
he grew up in a small city neighborhood, a larger density
neighborhood, about 100 miles from here and he has lived in Ithaca
for nine years until he moved up to a less dense neighborhood up
here. So it all sounded pretty good and he didn't see himself as
someone was standing against development in a kind of rigid
position, he stated that he just didn't like rigid positions in
some ways he supposed. But the more he got into it and examined it
and went to the Planning Board meeting, etc., a number of doubts
came to his mind. A number of arguments against this particular
development that were presented at the meeting impressed him and
also the number of people who signed the petition also impressed
him. Also, some of the things that happened since on the edges
also began to raise questions in his mind. The fact that also
impressed the minority of the Planning Board was that they were
being asked to authorize far more than they had details for as far
as rezoning went that seemed to him a little bit to be something to
be worried about. The second thing to be worried about tonight,
are that the pictures that we saw of possible buildings, the kind
of buildings that we might expect don't seen to be, he stated that
he could be wrong, entirely identical to the pictures we were shown
as possible buildings at the Planning Board meeting. So we have in
fact a series of random pictures that look good that seem to be
presented to us a possible• things we might see up there, although
this is not developed yet. He went on to say that he also saw and
he reacted to the number of problems of getting information, a
number of problems in getting oneself heard at the meeting. But
then something else that developed on the edges of things also
began to bother him, more or less as his own position began to be
clarified besides the repetition of arguments by some others and
that was as he watched for vhat was going to happen in front of the
hospital. He stated there he watched the Town Planner talk about a
node. A node in front of this area. We were supposed to releave
the pressure from this node by a road that went down from 96 to 79
and then another road that went down from 96 to 89. So he stated
v^at he saw developing in fact was a second Octopus there. He
stated that it was the notion of a second Octopus that bothered him
and he felt this was one of the things that was behind a lot of
people not from the Town of Ithaca seeing that their interests are
also very much involved in this issue. People all the way from
Trumansburg to Ovid to he did not know v^ere might indeed be
interested in that kdLnd of development. He stated that was one
example and then he felt the final argument was one that was made
by a lot of people has to do with the lack of an overall plan. It
seemed to him that if we can't get together and plan then we just
don't know v^at we have got in the future, especially with the
uncertainties of Route 96 and everything else. So lack of a
Comprehensive Plan was a kind of a final argument, however, one
might see the Lansing node or v^tever happens to the second
Octopus or not a second Octopus or \^dlatever it is in front. What
the building looks like is a minor thing he felt because he did not
think he had very good taste anyway in v^at buildings should look
M like. But he felt that he certainly had a pretty good sense of how
long you take to get through the Octopus and two of them is a
! little bit more than he would want.
Supervisor Desch announced that the Board would hear one more
person and then adjourn the hearing until June 13.
I
i)^
Town Board 30 May 9, 1988
Paul Bradshaw, 956 Snyder Hill Road stated that for years he had to
cone downtown to do all his shopping and to go to the bank, etc.
And then low and behold, there was a node developed up on East Hill
called the East Hill Shopping Plaza. Me, and hundreds of my
neighbors now no longer have to come downtown to contribute to the
traffic and he stated that he would hope that the Board would
approve this project to keep these people here so that they do not
have to go downtown also.
^ Supervisor Desch adjourned the public hearing. He asked the people
in attendance if they would like the hearing held here again. All
agreed.
^ RESOLUTIOW ND. 150
Motion by Supearvisor Desch; seconded by Councilman Bartholf,
RESOLVED, that the Town Board of the TOwn of Ithaca hereby adjourn
the public hearing to consider the rezoning of 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, from Residence District R-15
to Business District "B", and with respect to the proposed rezoning
of a 12 acre port.ion of said tax parcel from Residence District
R-15 to Multiple Residence District until 7:00 P.M., on June 13,
1988, and
FURTHER BE IT RESOLVED, that said meeting will be held at The Mayer
School, 1251 Trumansburg Road.
(Desch, McPeak, Bartholf, Leary, Bordoni and Cardman voting Aye.
Nays - none).
_ ADJOURNMENT
The meeting was duly adjourned.
The Ithaca Journal
tion^kois dloimiy,
f "' - l>eifig du)y fvorn, deposes
' and ttvj. tivAt be resides ic Itbacs, County- and rtste aforesaid and
tbat be is - clerk
Itbaca Jouknal a public oew-spaper prioted and publisbed
Id Itbics aforesaid, and that a asotioe, af erbicblbe annexed is a tnie
tapi. w«s pabliiked is uid mper jXjptll 1 cP </j •
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and that the first publication of said sotioe was on the ..jS9
e«y of QsjSdJ. 19.?.Z....„
-QSaai.4=i...klon>^Sul^-bed ^d rn-ors to before »e. Ibis ^ dsy
JEAN FORD
Notary Public, State of New York
No. 4654410
Qualified in Tompkins Count;
Commission expires May 31
Hoiary Public.
TOWN OF ITHACA .NOTICE OF PUBUC HEARING 1NOTICE is hereby given that
the Town Board or the Town ofIthaca will hold o public hearting, pursuant to Article-2.of
the New York State Eminent
Domain Procedure Low, to determine the ne^ to ..gcqoireunder the Town's power of
eminent domoin ond if such
need exists, to determine thelocotion of temporary ondpermanent eosements for osewer moin, proposed to be
locoted through the londs ofTox Porcel No. 29-6-24.1, od-]joining West Haven Rood in''the Town .of Ithoco, whichsewer moin would be o publicproject to extend the Towh-wioe sewer. .-J:The hearing will be held .oh
AAoy 9, 1988 of 6:30 P.AA., otThe Ahoyer School,-. 1251. Tru-^. monsburg Rood, Ithoco,'New
York. 'The purpose of the project is toprovide municipal sewer serv-^ice to properties in the Town
of Ithoco on the eost side of
West Haven Rood ond to the
north of Elm Street, whichproperties were not previouslyserved by the Town sewer sys
tem. j
The temporary and permonenteosements proposed to be oc-Siired for the construction of
e sewer moin will cross the
londs of Tax Porcel No. 29-6-24.1, property presently'owned by William L Lower,
and will consist of o twentyfoot wide permanent eose-
ment and two odditionol temporary easements, eoch fif
teen feet wide, on each side
of the permanent eosement,which eosements will extendjapproximately one hundredfeet in length ocrcss sold!property. !There ore currently no olter-inote proposed Iccotions for'the project. All persons hoving ion interest in tne project ore jinvited to ottend the heoring ^to give oral or written |
stotements ond to submit oth-jer documents concerning theproposed public project. -1Jean H. Swortwood;
Town Clerk,
April 29. 30, 1988 . iMoy 2, 3, 4, 1988. _ M