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HomeMy WebLinkAboutTB Minutes 1970-07-13V TOWN OF ITHACATown Board Reg ular Meeting July 13, 1970 PRESENT; Walter Schwan, Supervisor Andrew McElwee, Councilman Victor Del Rosso, " Noel Desch, " ^ENT: Harry Baker, Councilman PRESENT: J®^® Buyoucos, Attorney H Da^d Cowan, Zoning Officer Prancese, Planning Consultant Morey, Supt. of Highways u2orf Works ^Hugh S, Ckl ® Director-Tompkins Co. Cornell Planning Office Kesidents from Forest Home Residents from Northeast Members of Radio suid Press SiSfefsince^we^Slfnot havffa®'' p.m. Hethey would discuss th^ a quorum present at that time vote; oisuuss the following items which did not require a NORT^AST WATER IHtAINAGE of^Wlnthrop^Drlve a^ te2^Northeasra/^°'^fth" of residents the resWentrwould go to £®" " would help if * !, state their side* "a-n tn >via ^ school board members andschool board businef^ " ^'his is Mr, Joseph DiGiacbmo anrt mv ^ ^ necessary decisions," group and will call Mr Schiian agreed to be spokesmen for thisresults of the mating! meeting is set up and advise ZONING ORDINANCE biWJSS; SSiSS S-nLSi'bS'i.'Sr"''position, whether now or later; that the Toto ll enti Mai v. and"re^Iij;ib^e. Squireme^tl'""?kmc?'^Lf^ge''eir^^^ rosl?ion"on thi^ l^^wn tfok fd;flnitr^x.oint LnLiallv ®"PO!^sor Schwan felt the Attorney had a good" . R cially in the area of roads, drainace and and resolution #6o4 NYS ELECroiC & GAS EASliMRWT "as received from the NYS Electric & Gas Corp. for an eaSMent ?" ® f^-S^^-ol'-way to rebuild an existing line. Present is stpin require 100' . Land in question loeatert nn mf? TN ? Town for highway purposes and is «... jfi. Drive, bounded by the Baker property andproperty owned.^ by the Immaculate Conception Church. -2- July 13, 1970 Motion by Councilman McElwee; seconded by Supervisor Schwan RESOLVED, that the New York State Electric and Gas Corp.be granted an easement, for the sum of $100.00, requested for 100 ft. in width on land situate as follows: The center line of the right-of-way enters grantor's lands on the south from the lands of Hazel Baker at a point about five feet westerly from a southeasterly corner of grantor's lands; thence extends in a northerly direction a distance of about 50 feet to the lands of ths Immaculate Conception Church of Ithaca on the north at a point about 5 feet westerly from a northeasterly corner of grantor's l^ds. This easement grants the right for an addition al width of 3^ feet on both sides of a center line established by an easement dated October 15, 1924 and recorded in Tompklns County Clerk's office in Liber 6 of Miscellaneous Records at Page 12, and BE IT FURTHER NOTED, that Grantor's land was conveyed to Grantor for highway purposes. It is understood that the Grantee shall construct no poles or other appurtenances, facilities or fixtures other than overhead wires at a height which will not interfere with the use, construction, sind maintenance of the Greuitor's land for highway purposes, but in no event lower than the existing wires. Carried. FOREST HC^E-ROAD PLANS Mr, James Parkes, Assistant Planning Officer in Cornell University's Planning Office, requested permission to speak to the Board with reference to their traffic control plans. He presented drawings showing the proposed changes in the traffic pattern on the Cornell campus and around it, explaining that this was a 10-year plan and that the first phase would Inclose a "Jug handle" at Judd Palls Rd. and Plantation Road. He also indicated that they would open Caldwell Road for nofth-south traffic. He explained this traffic control pattern will be needed to control the flow of traffic on the Campus inasmuch as traffic will be greatly restricted, and people will be forced to drive through the Forest Home area. Three booths will be set up at various entrances to the Cornell Campus to control traffic and to give information. He also indicated that all roads involved were Cornell or State roads and that the Town has no Jurisdiction. He brought this information to the Board merely to keep them up to date on the changes being implemented. Mr, John J^atilaine expressed his opinion that increased use of Forest Home Drive would be extremely dangerous inasmuch as two cars now have trouble in passing. Question v?as raised as to whether or not Cornell could legally close off roads to which the public had been permitted access. Answer given was that it depends on whether or not they are letting the public use the land by their permission, Cv.uestion; Do any of these roads appear on the Town map? Answer: "None shown on the official State map. HoLlwee: Are you coming off private property onto public roads? How about accidents? Hct".-2rd Stevenson: Wf) are not creating any new entrances, we are eliminating one. Would be about the same as coming out n i of the Plaza onto Triphammer Road. Would depend on how it is signed. Mr. Herbert Mahr, 103 Judd Falls Road, presented a prepsired state ment. He said he would like to focus attention on a serious traffic problem for residents of the Town of Ithaca. He felt the "Jug handle" could be placed in another location and not funnel so much traffic through Forest Home. He indicated that he had not, and the Forest Home Approvement Assn. had not, been able to get together with Cornell officials to discuss common problems.: Mr. Mahr also indicated he felt County officials were working with Cornell, but not giving consideration to residents of the area. He felt they should find a solution that is agreeable to everyone and.then go ahead with construction. Mr. Parkes indicated that he had discussed the plan with the Forest Home Road Committee on June 12, consisting of 8 people, and that they were to make a report to the Association. He was under the -3- July 13, 1970 impression that when the committee reported to the Associati. that they would get a favprable response. Further opposition to the "Jug hsindle" was expressed by the Councilmen in that they felt the placement of the "Jug handle" should be reconsidered and that it could be placed, to bettsr advantage for both Cornell and residents of the Town of Ithaca. Councilman DelRosso entered at this point. RESOLUTION #605 APPROVAL OF MINUTES Motion by Councilman Del Ross; seconded by Supervisor l^chwan RESOLVED, that the minutes of the June 8, I970 meeting be approved as submitted. Carried. RESOLUTION #6o6 APPROVAL OF WARRANTS ^ Councilman McElwee; seconded by Councilman DelRosso RESOLVED, that warrants in the following amounts be paidt Highway $ 8,797.74 General Fund 93,574.86 Carried. AMENDMENT TO ZONING ORDINANCE Planner Francese passed out copies of a proposed amendment to the Zoning Ordinance as follows: Section 74. Special Exceptions. ^ere there are practical difficulties or special conditions which make application of these regulations unreasonable or impossible to comply with; and when, in its Judgment, the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be substantially injured, the Town Board may in a specific case, n ^ notice and hearing and after referal to the PlanningBoard for opinion as per the procedure outlined in section 46 (2) rn above, authorize the following special exceptions to the regulations: 1. Airport or Aircraft Landing Field I 2. Cemetary 3. Hospital or Health Care Facilities t Television transmitting or broadcasting station5. Public Utility use or structure6, Marina, boathouse or bathing facility ^^6 ®*®^^cise of its approvfii, the Town Board may impose such futherance of themay purposes of this orcllncnotj, Snpervisor Schwan that b--ore could consider any new p/.oposal from W. on p...ac.e:fjeno of their towers, we must Sf L f-r special use districts.r Francese S"t<it";ia .u: taeoiplnion of the Town Board on this proposed amende.ent. It the opinion of the Board that item 1 Field, should be deleted. Also, item 5, Public Utili -u; Ist} c-r* ftructure, should be clarified or A3.30, it should be d'lrccrmi.ned if vjb are going to allow certain things in certain areas or if this is to he an overall plan. r""^ Mr. Francese is to take the amendment back to the Planning Board for further consideration. Councilman Desch entered at this point. TOWN CONSTABLE Supervisor Schwan advised that he had checked with the Village Clerk of the Village of Trumansburg, and found that they contract with the Tompkins County Sheriff*s Department for two officers who are on duty I6 hours per day, 7 days per week. Village provides car and all maintenance, gas and repairs, etc. They are quite pleased with this arrangement to date. Approximate cost to the Village per year - $15,000. Supervisor Schwan indicated this was only a report and felt that we should take no action at this time. July 13, 1970 RESOLUTION #607 TAREYTON DRIVE EXT, SOUTH Attorney Buyoucos advised that he has received the deed for this street, and suggested that the street be called Tareyton Drive for its enttlre length. Mr. Morey advised that all requirements had been met. Mcition by Councilman McElwee; seconded by Councilman Desch RESOLVED, the deed conveying a southerly extension of TAREYTON DRIVE, from Francis C, Chase, is accepted only on condition that all covenants such as abstracts of title and other documents have been approved by the Town Attorney, and this acceptance shall become final when the Town Attorney files his approval with the Town Clerk and delivers the deed to the Town Clerk for recording. Carried. GEORGE IDEMAN Reference was made to the minutes of May 11 in which it was indicated that Zoning Officer Cowan should write to Mr. Ideman with reference to his property on Judd Palls Road and Ellis Hollow Road. Mr. Cowan indicated that he had inspected the Ellis Hollow property. He had not inspected the Judd Falls property. Mr. Cowan will look at the property further and point out to Mr. Ideman Section 60 and Section 38, Par. 5j of the Zoning Ordinance. It was also pointed out that the contractor had not settled complaints received from Mr. Ideman and that we were still retain- pending a release from Mr. Ideman. After cohsiderabie discussion it was the opinion of the Board that this matter should be turned over to Lozier and that they should work with Mr. Ideman n and Mr. Auble'to take care of his complaints. . , ^ CODE OF ETHICS Legislation mandating the adoption of a Code of Ethics by each local gdy^^ has been approved by Gov. Rockefeller. = Thia amends the General Municipal Law to^ require the adoption of a Code of; Ethics whldh- 'must- be^ filed within 30 days after" adoptioni'; Supervisor Schwan appointed a cbmhiittee of Ifoel Desch and Victdr Dei Rosso to^ Wdrk oh this Code for the Town of Ithaca and report back;to > the Board within 'two months". Attorney Buyoucos will also work with this committee. FOREST HOME WATER RATES Decision was made to establish new rates for the Forest Home Water District (505^ of present rates) effective July 1, 1970. CITY DIMP Letter was received from R. 0. Dingman, Supt. of Public Works, for . the City, advising that the dump on West Clinton Street would be discontinued as of July 10, 1970. Supervisor advised that we had discontinued use of this dump as of June 30 and that our last payment^to the City would be as of June 30, and that the City has been hqtifled accordingly. RALPH L^ ROUNDS A bill in the amount of $50.00 was presented from Mr, Rounds for repair and unplugging sewer connection on Muriel Street. Queotton " was raised as to whether or not the home owner should pay for this, or::the Town? It was the opinion of the Board that since the contractor should have taped the line before tying in, that the obBtructibn" was the fault of the contractor and that he should stand the-costt of repairs. Councilman Del Rosso raised the. question as to what the Town was doing about cleaning up after storm damagej ie,. next to Williams Glen. ^Mr. Morey will check on this. It was the opinion of the Board that any flooding done on private property by a creek or stream on that property is the home owner's responsibility. -5- July 13, 1970 RECOGHITION CounCllnian ])dcElwe6 felt that we should recognij^e Individuals leaving the Town who have served In various capacities over the years. He felt they should receive some type of plaQ[ue of certificate citing their years of service. Concensus of the Board was that this would be an excellent Idea, Town Clerk is to present samples of various certificates to the Bew4 at Its next meeting, NORTHEAST WATER MAINAGE Councilman Desch (who arrived latB to the meeting) asked what ' action had been taken regarding water drainage In the Northeast area. There was considerable discussion as to the placement of the drainage ditch, who was responsible and whether or not easements should be obtained. There was also raised the question as to whether or not these easements should be permanent or temporary. Councilman Desch suggested we obtain temporary ease ments from the property owners for construction of a ditch. Also, before issuance of any permits for development of the other lots they should be graded so that the ditch Is maintained. It was suggested that the Town do the work from the road and that the developer construct swale. If problem exists In coordinating work. Town could do the work and then backcharge the developer. Attorney raised the question as to liability on water going on down to Cayuga Heights, etc. It was determined that 15 properties are Involved, 2 deeds have oeen recorded, balance Is owned by Chase, Town Attorney Is to make search of the two deeds to Individual home owners and then search sale from Schoenfeld to Chase. Ditch to go on lot line. Mr, schwan and Mr. Buyoucos to look Into situation to determine ir easements should be temporary or permanent. Town will do thework and will construct ditch approximately 8» wide by 3' deep. ,1.^ RESOLUTION #6o8 MAGISTRATE'S SCHOOL | Justice Hartsock requested permission from the Board to attend a Magistrate's School at St, Lawrence on July 21, Councilman Desch; seconded by Supervisor Schwan KtsOLyED, that Justice Hartsock be granted permission to attend a Magistrate's School on July 21, I970. Carried, Meeting adjourned at 7:30 p.m. L,j,/ Elizabeth K. Parrlsh Town Clerk n