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HomeMy WebLinkAboutTB Minutes 1973-02-127 I it ) i \"W|. ' TOWN CP ITHACA REGULAR BOARD MEETING; Peb^Uary 12, 1973'' r : ! At a Regular Meeting of the Tote.ibard of the Town of Ithaca. Tompkins County, New Yofk. held at thb Tote pf Ithaca Offices at 108 East Green Street, Ithacai New York, oft thejl2tb day of February, 1973, at 5:00 p.m., there were t ' i , ! ^p.m., there were PRESENT: ALSO PRESENT: Waltex^ J. $phWah, Supervisor AndreW W. McElwee, Cpuftcilman Noel l)tech. Councilman Victoi* Ijel Rosso, Councilman Robeipt( N. PowerSj, CoUnc llman James'jVi Biiyoucps, Town Attorney Petefi'JCi Prpihcese, Planning Consultant Marioh Morey, Highway Superintendent Mrs 4 iBaiteaira Holcomb, Chaiinnan, Planning Board Robeft; Boothroyd, Jr., Boothroyd Insurance Agency Norbefi: Schickel, Schickel tevlronmental Development Company David Smith, Realtor IJ. M.j Chase^ President, East Ithaca Association Mri and Mrs. Richard Archibald^ ll4 Bonness Lane ArthurL. BOrkey- 128 Christopher Circle Richai'd K. Blatchley, 131 Hohftess Lane Mr. and Mr Si Edg^dr E. Bredbenner, Jr. 141 Hobness Lane Vera Callum David G. Cassel, 152 Pine Tree Road Mrs. R. M. Chase W. L. Coggshall, 323 Eastwood Avenufe Mark Eisner, II5 Pine Tree Road Richard Fischer, 135 pine Tree Road Paul Hartman, 132 Pine Tree Road A1 Hoefer, II3 Northview Road Mary Jones, 150 Honness Lane Mrs. Beverly Livesay, 14? Snyder Hill Road David B. Macklin, 133 Pine Tree Road Herbert Mahr, 103 Judd Falls Road Alex McCord, 15l4 Slaterville Road Ann Mclntyre, 409 Cornell Street Archie Robertson, 132 Honness Lane R. Stephen Shauger, 139 Honness Lane William Stini, II8 Honness Lane George Trimburger, 4l Woodcrest Avenue Other area residents Radio, TV, and Press The meeting was called to order at 5-15 p.m. APPROVAL OF MINUTES Motion by Supervisor Schwan; seconded by Councilman McElwee, RESOLVED, that the minutes of December 11 and 29, 1972 be approved^ as presented. ^ Unanimously carried. ABANDOMMENT OF LEaSEGH'-VALLEY RAILROAD BRANCHES The Supervisor read a letter dated February 7, 1973 from Frank R. Liguori of Tompkins County Department of Planning regarding proposed abandonment of Lehigh Valley Railroad branches: Tompkins County (1) Cortland Branch, East Ithaca to Cortland, 21 miles and (2) Auburn Branch, Dryden to Freeville and to Moravia in Cayuga County, l8,3 miles. Mr. Liguori wanted to know if there was any objection to such abandonment. It did not appear that the Board had any serious objec tion to these abandonments, and the Supervisor said he would write a letter to Mr. Liguori to that effect. f - 2 - February 12, 1973 TRAFFIC ORDINANCE Supervisor read the Town of Ithaca Traffic Ordinance adopted September 7, I96I (effective September 26, I961). He reported that the Town has been asked to institute a ban on parking on Pleasant Grove Road and Snyder Hill Road. Supervisor Schwan; seconded by Councilman Desch,RESOLVED, that the Town Board of the Town of Ithaca, on March 12, 1973^ at 5:30 p.m. hold a Public Hearing to consider amending the Ordinance of the Town of Ithaca by adding to the pro- niDited parking areas, a portion of Pleasant Grove Road, Snyder Hill Road, and such other areas as may seem adviseable. Unanimously carried. RENEWAL OF BOND ANTICIPATION NOTES Super^sor Schwan presented a list of Bond Anticipation Notes cover- of" sanitary water and sewer systems in the Townot itnaca, which notes are due for renewal on March 3. 1973, and asked the Board to give him authority to renew same. Councilman Desch; seconded by Councilman McElwee, ^SOLVED, that Bond Anticipation Notes of the Town of Ithaca, hereto fore executed by the Town of Ithaca, in the amount of $734,250.00 pursuant to provisions of resolutions authorizing the construction water systems to serve East Ithaca Water District, SnyderHill Road Water District, Second South Hill Water district (Note #1), Water District (Note #2), Second South Hill Water District (Ext. No. 1), and Second South Hill Water District (Ext. No. 2J, and that Bond Anticipation Notes of the Town of Ithaca, hereto fore executed by the Town of Ithaca, in the amount of $2,063,500.00 ' pursuant to provisions of resolutions authorizing the construction of sanitary sewer systems to serve Ellis Hollow Road Sewer District, Northeast Sewp District, Slaterville Road Sewer District, South HillSewer Distrl^ct (Note #1), South Hill Sewer District (Note #2), South o r (Note #3), South Hill Sewer District (Ext. No. 1),and South Hill Sewer District (Extension No. 2), all said districts being in Tompkins County, shall be renewed at 3-3/4$^ interest and the Supervisor is hereby authorized to execute such)renewals and such 2 and take such other steps as may be legally requiredto effect such renewals. o ^ >4 I, c & i Unanimously carried, PLANNING BOARD SUBDIVISION CONTROL ' POWER OVER PRELIMINARY PLATS A communication from Frank Liguori, Commissioner, Tompkins County 2^ Planning, indicated that due to an amendment to Section270 of the Town Law, it now becomes necessary for town boards to specifically authorize a town planning board to exercise review powers over preliminary subdivision plats. Therefore, the Town Board took the following action: Motion by Councilman Del Rosso; seconded by Councilman Desch, WHEREAS, because of an amendment to Section 276 of Town Law, effective January 2, 1973^ the Town of Ithaca Planning Board requires specific authority to approve preliminary plats within that part of the Town outside any incorporated city or village; and WHEREAS, giving the Planning Board an option to require a sub- divider to submit a preliminary plat is desirable for protection of the public interest in land subdivision; NOW THEREFORE BE IT RESOLVED, that the Town of Ithaca Planning Board shall have the power to approve preliminary plats within the Town of Ithaca, outside the limits of any incorporated city or village in accordance with the requirements of Sections 276, 277 and 278, Article 16 of the Town Law as amended; and BE IT FURTHER i- 3 - February 12, 1973 i RESOLVED, that this authority supplements the authority to approve plats granted the Planning Board by Resolution of September 6, 1962; and BE IT FURTHER RESOLVED, that the Town Clerk shall file with the Clerk of the County of Tompkins a certificate^ certifying tha^ said Planning Board has been authorized to review arid approve preliminary plats as well as final plats for new subdivisions of land in the Town of Ithaca in accordance with Sections 276, 277, and 2783 Article 16, as amended, of the Town Law; and be it fui^ther RESOLVED, that this resolution shall take effect on February 12, 1973 • Unanimously carried. PUBLIC HEARING - REZONING - EASTWOOD COMMONS SCHICKEL ENVIROIMENTAL DEVELOPMENT COMPANY Notice of posting and publication having been presented. Supervisor Schwan opened the public hearing at 5:30 p.m. Mr; Schickel made the following ojiening statementi "Many of you have been here on past occasions during the year and a half We have been discussing this project before the Planning Board and the Town Board. For those of you who haven't, first let me say we are speaking of the 19-acre tract of land to the north of Honness Lane owned by Mr. Enos Pyle. The project is called Eastwood Commons. It is an exciting new concept of home ownership which I will describe briefly. Each person will be the owner of his own dwelling. He will own the structure and he will own the land under it and the balance of the land will be owned by a homeowners associa tion of which all the home owners are members, "The project is being designed as a whole and will be at a density of 10 dwelling units per acre. There are l84 dwelling units projected on the 19 acres which will be built over a period of time as sales take place. We project about five years. Each building con tains four dwelling units. The benefits to the community that we see are that it provides a new type of ownership to meet a real need of people. It provides an attractive carefully designed and maintained neighborhood. It provides a high ratio of taxable property per school age child. These are two-bedroom dwellings. The benefits to the dwelling owner are that the neighborhood is designed as a whole and maintained with freedom from exterior maintenance himself as the maintenance is handled through a homeowners association which makes Sor a strong sense of community and cooperation. "The dwellings are two-bedroom, 4 dwellings per building. One type unit is a single level dwelling on grade. The second type is a two-story town-house type. There are two of those in each building. The third type is a one-level terrace unit above four garages which are attached. No dwelling is above or below another. Each unit has two bedrooms, dining room, living room, kitchen, private entrance, private entry garden, and attached garage. "The site plan has been developed over a period of time in con sultation with the Planning Board and our own designers. There is an entrance off Honness Lane at Hanford Place. It then proceeds across the slope, approximately level, and then has a loop to the east and a loop to the west. It has a second entrance on Honness at this location /Tndicating on ma£7. The design is a residential design, by which T mean it is intended that the only traffic within the resi dential area will be destined for that particular development. There fore, it doesn't have through traffic. The dwellings are so located as to give a variety of interest in the elevations and in the play of the roof lines and to create interesting outdoor spaces. Consider able stress has been placed on the creation of meaningful areas be tween buildings and near each dwelling that a few people surround so - ^ - February 12, 1973 that there is an opportunity to be a little possessive about that as being your own particular area. There is a rather attractive view looking toward Ithaca College and the buildings are designed to capi talize on t]iat view. "One other word about the spaces which are also designed to be moderate sized spaces but with a certain variety for different fami lies with different needs, and, therefore, with different possibili ties open to them. We have arranged here indicating on map/a place for parking campers and boats so that they are not in the driveways, and we have hooked a driveway into this house here /indicating on map7 and we have agreed we will grant an easement to the~^own here /indi cating on map/ and a right-of-way to the property line here /indicat ing on mag/. ^ ^ 'Ve reciueet the change from R-15 to Multiple Residence in accord ance with this proposal. „ i . other sketch. Since the site plan we havebeen talking about is actually 19 acres, and when you look at it, it + ^ ^ ^ sense of the scale of the open space, we have selec- ^2 14 Jin P^Jrtion and given a little more detail so that you mightget a little better idea. /Mr. Schickel indicated various points on roadways, par'E^ing spaces, w&lkways, enclosed entrygardens, green spaces, and gave dimensions of the various s'paces,/ "I will be glad to answer any questions." The Supervisor asked for comments from the Board. Councilman Desch suggested Mr, Schickel might wish to speak to the question of main tenance and control of the parking. Mr. Schickel said the paved por- tion would be between two concrete curbs. In certain locations there will be parking along the road but off the curbing. Everything beyond the concrete will be maintained by the homeowners association. Every thing beyond the right-of-way, except the roadway, will be maintained by the homeowners association. Parking is never on both sides of the street, parking will be on one side of the street only. It will be a rolled curb wherever it is. The Supervisor then opened up the hearing for questions from the pub- «J» ^ # Robert M. Chase, President of the East Ithaca Association, read a resolution of the East Ithaca Association with respect to the proposed development, as follows: "Be it resolved that the members of the East Ithaca Town Association, hereby urge the Town Board, Town of Ithaca, to preserve the character of the east ^haca community in accordance with the existing zoning ordinance. The preservation of our environment can be maintained and enhanced by retaining the R-15 designation of the Pyle tract. Modern planning principles encourage the placement of "green belts and open spaces adjacent to well developed areas. Permitting multiple residency in the Town proximate to the city line is contrary to these modern principles. The proposed plan for multiple residence provides two means of access within 350 feet of each other. Both of these connect to Hon- ness Lane. Such singular access via Honness Lane may be reasonable for R-15 density, but it imprudent for the vehicular traffic generated by multiple residency. Previous construction on East Hill has created serious water and erosion problems on downhill exposures. Developing more area with high density dwelling units will further impair the natural capacity of the land to absorb run-off waters. // - 5 - February 12, 1973 The^Towri Board Is urged to support the practical zoning Judg ments and tc> preserve the character of East Ithaca by maintaining the R-15 designation of the Pyle Tract." Mr, Chase said the foregoing resolution of the East Ithaca Town Association i^ the result of discussions among the residents of the area, including residents of Slaterville Road, Pine Tree Road, and Honness Lane, and was paSsOd at the Association meeting on Wednesday, 7, 1973i Mr. Chase distributed copies of the resolution to the Board membersl Following is a summary bf public comment: W. L. Coggshail -:3^3 ^AStwood Avenue Mr, CoggBh^il said his property is adjacent to the proposed development and thAt he was curious about the drainage layout for the ^4 j Schickel bald the matter bf drainage was taken up in con-siderable detail with the Planning Board and that he is committed to the proposition that no surface water will go over Mr. Coggshall's property. Herbert Mahr, 103 Judd Falls Road Mr. Mahr asked if the units did not sell, would they then be rented. 4> Schickel said their plan is to build a model home and afew others. They will build only based on sales. They do not expect to build many units ahead of actual sales, and do Bot anticipate an inventory of unsold buildings. Mr. Schickel said he had no intention s-ny dwellings, but being realistic (and supposing the worst thing that could happen) they might end up with a building or two with no buyers and after a certain number of years or months they might consider renting them. He did not think they would be particu larly desirable as a rental proposition since if the price was in the neighborhood of $30,000 they would have to rent for over $300 a month, Mr, Mahr said he was concerned about the density. It is clear from the drawing, he said, that there are too many houses in the development, Mr. Mahr suggested that there should be more of a mix in the price of the units, Mr. Schickel said he felt that they had not pushed the density to the utmost. Mr. Schickel also pointed out that in the East Ithaca area generally there is quite a rich mix of housing. Mrs. Beverley Livesay, l47 Snyder Hill Road Mrs. Livesay said she was not so much concerned about the particular development, but with the planning aspect for the Town of Ithaca as a whole and how this development fits into the Town of IJhs-ca overall planning. She was concerned about the traffic that 184 units would generate. She felt that the limited access into the development is very nice for the people in the development but did not feel that it makes for good movement within the Town of Ithaca. She felt that people living in the development should be able to go in at least three different directions away from the project. Mr. Schickel said the kind of traffic generated by a resi dential development of the kind contemplated is somewhat exaggerated in people's minds. It Just does not, he said, generate that many cars when spread over the number of times people come and go and that an erroneous impression can be created by simply counting the number of cars, since they are not all coming and going at the same time. ' I ; - 6 ' ^ February 12, 1973 Mrs. Livesay felt that even 20 or 30 or 40 cars are a lot, particularly when they are added to y/hat are alreiady there. She cited also the bad visibility at the corne^ pf HonneSS liahe and Slaterville Road. In this connection, Mrs. Barbara Holcomb, Chairman of the Town Planning Board, said that Honness Lane will be posted to 40 miles per hour as soon as signs are received, and the Planning Board is reconl— mending that the lower portion of Hohness Lane, since it is a Towh road, have underground drainage in the roadside andflthat a walkwaj^ be constructed to eliminate slipping iiito the ditches.-' She reported further that the Town-Engineer-Planher by an engineering calculation had determined that ttere is adequate sight distancd ;to the left df a car entering Slaterville Road from kohness Lane so that a car trax^el— ing 55 miles per hour Oh wet pavement oh-Slaterville Road would hdve time to stop. The problem as it now exists is th^t the stop sign is too far back from the i intersection of Hohness lliaild and Slaterville Road. ^ The Planning Bc^ard^ therefore,'is recommending that a sbop-"line be painted at the point where a car shoifld stop. In this way cars coming down Honness Lane will be stopping nearhr to Slaterville Road where the sight is better in both directions. She noted that these improvements to Honness Lane will be made regardless of whether the Schickel Development is approved or not*; Alternative means of access to the proposed Schickel Development were suggested but it did riot appeiar that they were practical (Woodcrest, for example.) I ; • i , ; Paul Hartman, l32 Pine Tree ROad Mr. Hartman was concerned aboht the change in sonirig. He asked what was to prevent the Board from bhangihg the zbnirig of the Blatchley property, for example. He said he did not understand the philosophy of having a zoning change just because a nice development comes along. He felt people in the area have no protection from possible future zoning changes (including people who might buy houses in the Schickel Development). Mr. Hartman was also concerned about how many street lights this development might generate. He was advised that as far es the Town is concerned, it only installs street lights at the inter- Sections of accepted Town roads. Mark Eisner, 115 Pine Tree Road Mr.^ Eisner was concerned cl>out access. He felt there should be additional access but not at the expense of traffic through the development. Mary Jones, 150 Honness Lane Mrs. Jones said she agreed with Mr. Hartman. She said the old resi dents of the area were influenced when they bought the properties by how the area was zoned. She felt residents in the area did not want additional traffic on Honness Lane any more than the future owners of property in the Schickel Development would want traffic through the development. She said she did not understand why it should be re-zoned. David B. Macklin, 133 Pine Tree Road Mr. Macklin wanted some estimate of the minimum distance between the proposed units as compared with distances between one-family houses already in the area. Mr. Schickel said the distances vary consider ably up to 100 feet. Mr. Macklin inquired about the concept of a 360- degree view and the height of the buildings. Mr. Schickel said the buildings would be two-story buildings and the buildings will have windows that look out in all directions (one person having normally to be able to see out in three directions.) Mr. Macklin was concerned with how much playground area there would be. Mr. Schickel said each unit would have CDnsidercri)le area around it, and in addition a picnic area, Mr. Schickel said that, in general, there are substeintial open spaces around the units and there will be play equipment. Mr. Macklin /oZ^ - 7 - February 12, 1973 said he was not familiar with the condominium field and he wondered if each family becomes re^pohsible for the care of the specified area around his unit or is this left to the developer. Mr. Schickel said this is not a condominium development. It is a private home ownership arrangement. If the building was a condoRiinium one would have an un divided interest in the building biit wduld not own a particular part of the building. In thd case of Eastwdod Commons the owners of the building would own the building and the land under it. The land under t>mmr ^e building would be maintained by the homeowners association, includ ing the exterior of the building except for the enclosed garden which the owner wuld maintain, Richard K. BlatchleV, 131^Honness Ij^he • i Mr. Blatchley was mostly Concerned w|ii^ drainage and felt this devel opment would just add to the difficulties already experienced in the area. Under questioning ttom Town Attorney Buyoucos, Mr. Blatchley said he had noticed odcCsiOns when the present drainage ditches have not been sufficient to hahdle the water. Mr. Francese, Planning Con sultant, felt that U drUihage plaii Can bo devised which will not allow the neighborhood to be adversely affected by water run-off. Mr. Eisner remarked that the history Of developments in the Town of Ithaca is not encouraging in this respect. Mr. Francese said there was no need to rOpeat hiotdry. Mrs. Edgar E. Bredbenney, Jr., Mrs. Bredbenner said she has owned property on one side of Honness Lane since 1958 and that she has had a lot of trouble with drainage. She said she had been advised by Mr. Crandall at the time she bought the property that she would have a considerable amount of water. She was, therefore, much concerned about drainage from a new development. ' Archie Robertson, 132 Honness Lane Mr. Robertson said he had bought his house in 1936 when there was no zoning law. He said he was in favor of the land being developed. Under questioning by Town Attorney Buyoucos as to where he lived in relation to Mrs. Orcutt (71 Woodcrest) and whether he had observed any surface water coming down in this area, Mr. Robertson said — "Only the creek - I haven't seen any surface water." William Stini, 118 Honness Lane Mr. Stini reverted to the traffic problem which he felt was critical. He said he hoped the Planning Board had tcdcen into consideration the tempo of traffic flow on Honness Lane and Slaterville Road. He said there would be the peaks in the morning and evening and that just two or three cars can pile up traffic, even with the proposed new stop- line. He felt the Town will be faced with a series of accidents at the intersection. He suggested other means of egress, such as Wood- crest or Eastwood. He emphasized the danger of accidents at the inter section of Honness Lane and Slaterville Road and said the Town Board should take this into immediate account. Ann Mclntyre, 409 Cornell Street jmm Mrs• Mclntyre said she did not think zoning should be an end in itself; that it should not stand in the way of a development like this which is controlled and which one knows in advance what it is going to look like. She said she felt it was a wonderful development, that she was acquainted with the plan, that it will be a lovely place to live, under excellent management. She felt the Town should not lose the opportunity to have a carefully planned and controlled development for the sake of zoning which is not an end in itself. Mrs. Mclntyre said, "I am willing to sign a bill of sale right now." - 8 - February 12r 1973 Mark Eisner Mr, Eisner suggesjted that the development had been laid out in such a way as to get as many units on the land as possible from an economic point of view and taUcing into consideration also the possibility of getting approval of the project. Mr. Schickel pointed out that around the country peoplb are developing housing not too dissimilar to the Eastwood Commoh^ proposal at as much as 16 units to the acre. This proposal is fot 10 units to the acre. Mr. Schickel said i^at certain ly certain economic conditions and requirements were necessary or one simply does not get financing for a project such as this. He said, further, that Of covirse there is a profit motive involved but that he would never build anything for that motive alone4 Vdra Gailum ' ^s. C^llum ^aid she had recently sold her home on Kay Street which is a cul-de-sac in the northeast. She said she was interested in this kind of a living Situation and that she is familiar with the Schickel type of manag^ent which she said is excellent. She felt this type of development was ideal fot people who are no longer able^ mow lawns, shovel^ snoW, and do other types of maintenance. She said it is a type of development that would meet her needs and the needs of other people she knows. Mr. Buyoucos, Town Attorney# nbted that the Zoning Ordinance does not say this area will be forever A-15 and said that he has advised some people that he has represented that this area could turn out to have considerable density. George Trimburger, 41 Woodcrest Mr. Trimburger emphasized the serious drainage problem in the area, particularly because of the impervious clay subsoils He Said he had seen good engineers become as "kindergarten students" when dealing with drainage conditions like this. W. L. Coggshall, 323 Eastwood Avenue Mr. Coggshall said he was concerned about the run-off into the ravine north of the property. He has a culvert, 42 inches and 118 feet long which he said would get more run-off when the Eastwood Commons land is developed. He said it was important there is not so much run-off that the culvert is damaged. Mr. Coggshall also objected on the basis of the traffic pattern which will be created. He felt that no satis- factoiry answer had been given to the question of why the only access is on Honness Lane. He was also concerned that this development might only be the first of many. He felt there was no coherent plan and that the area or the Town is being "nickeled and dimed" to death on piecemeal developments. He felt there should be some overall plan so that people in the Town would know how much development to expect in some concrete numbers or percentages. Mrs. Holcomb, Planning Board Chairman, said the Planning Board had been wrestling with the matter of establishing density percentages and ratios of multiple in relation to single family or two-family units. She said the Town of Ithaca is exploring new ground in this type of situation and would like to reach the point where we could say that at no time in the future would there be more than a certain percentage of multiple in a particular neighborhood. But at the present time we have no quotas. The Planning Board is researching the matter and has written the office of Planning Services to deter mine whether anyone else in the country has done this and what kind of percentages and ratios they use. The Town is doing a count based on the 1970 census of how many houses we do have in each neighborhood cuid when all this is put together, hopefully, the Town will be able to establish some reasonable percentages, ratios, or quotas. - 9 - February 12, 1973 Mr, Richard Archibald/ 114 Honness Lane Mr, Archibald sai(| he was opposed;-td this development for all the reasons that have been discussed;*^* trafficr drainage, etc. He said that although it might be a nice'development he felt it was in the wrong location considering the deiisity. He felt that with the traffic and drainage problems the developtnent should have access to at least two major highwayd, that it should be pn a comer. He said it lowers the R-15 complexion of the neighborhood as well. Richard Fischer;'13^ Pine Tree Road ! Mr. Fischer referred to the statements'by Mr. Hartman and Mrs. Jones iand asked what the purpose of zoning was. He said people move into an area with certain expectations and do not expect the "rug to be pulled out from under them". Their expectations are dashed by a change in zoning. He felt the Town BoSrd might be setting a precedent. He cited the large Pjiece of Blatchley land and said the Board might be imder considerable pmssure to tezone this land some day if they approve the Schickel development at this time. Rezoning another large tract would aggrava;te the traffic problem even more. Mrs. R. M. Chase# 105 Honness Lcme Mrs. Chase felt that her children would not be safe in the vicinity of the proposed dPvelPpmeht nor would the children of the development be safe. She said a flock of children stand on the corner of Honness and Slaterville now. R. Stephen Shauger# 139 Honness Lane Mr. Shauger asked at what point does a development such as this cost the Town money. It appeared that in terms of income received there would not be as much impact on the Town as there would be on thP County and the School District in taxes. The Town would have 184 new water and sewer customers. It was suggested that from the Stand point of the Town it might be costing the Town money not to develop. The Supervisor said he would rather put it that there is a lot of un productive land in the Town. Herbert Mahr# 103 Judd Falls Road Mr. Mahr said if quotas with respect to density are established after developments are built it is then too late. He noted that traffic is certainly a problem of first priority, and since everyone wants the traffic directed away from his own area, a by-pass road is the answer. He felt roads, a by-pass, and overall planning should have priority over individual developments, and these priorities should take up most of the time of the Planning Board and the Town Board. David Smith, Realtor Mr. Smith noted that Price-Waterhouse had done a study which indicated that real estate values do not decrease in high-rise areas and he felt this would apply in this area. He said he felt this would ease the concerns of some people who are disturbed by the proposed development. Arthur L. Berkey, 128 Christopher Circle Mr. Berkey hoped the Town Board would place top priority on the quali ty of life in the particular area of proposed developments, even more than on the specifics of traffic, drainage, and accident potential. He said, based on his experience in the last year attending Town Board meetings, the decision to re-zone had already been made, and that the public hearing is a futile exercise. He questioned, in this develop ment, as in others (i.e. Beacon Hills), what the criteria are in mak ing a decision to re-zone to multiple over the objections of the people in the area. Supervisor Schwan said the function of a public hecuring is to explord^a proposal, not to answer questions which delve into the whole theory and concept of zoning and rezoning. Mr. Berkey - 10 - February 12r 1973 i ' \ then asked# with respedt to the particular Eastwood Commons develop ment# what factors muat be present in order for the Board to make a decision to rezone to multiple. Mr. Schwan said some of the factors to be considered in a proposal to rezone are the intent of the ordi nance# availability of land# density# traffic, and need. '' IR. M. Chase, President, East Ithaca Town Association Mr. Chase said he thought thare is no adequate provision for mainten ance of the area by the homeowners associa'tion; that the physical facility on the^site pl^ not appeaf adequate. He said further he had the feeling the intent' oi the zonih^ ordinance was to enhance the quality of life. He said the proposed development, although it may be a good one, is in the wrong Ibcatioh; it should be further out in the Town. It should not be in a hlopihg area if it is going to be more dense than R-15 unless thare is astute drainage expertise. • . , n i Mr• Buyoucos, Town Attorney # said if this land were not rezoned, houses in the area might be put up in random fashion or possibly in dreary rOws. He said if a resolution to rezone is adoptOd, it will provide that the open areas will be maintained by a homeowners associ ation and that the by-laws of the homeowners association and the Certificate of Incofporation of the homeowners associatibn must be approved by the Town Board. Further, if the homeowners association does not t^e care of the land in a reasonably satisfactory manner the land will be taken care of by the Town and the expenses will be charged to the developer. Mr. Buyoucos said he was anxious to have someone say what more the Town Board could do with respect to mainten ance of the area, that the Town Board is imposing conditions which are unique in Tompkins County. David B. Macklin, 133 Pine Tree Road Mr. Macklin stated again the concern for quality of life and the main tenance of property values. He was not impressed with the study of property values mentioned by Mr. Smith for a highly urbanized area where he said the quality of life is abominable, mainly due to over crowding • He said the maintenance of property values in the area was probably attributable to the probability of more high rise apartments in the same area. Supervisor Schwan did not think the Ithaca situa tion should be compared with New York City, and said the Town Board had no intention of allowing "wall to wall multiple" be built. He emphasized again the work of the Planning Board in trying to determine quotas and ratios to avoid too much density in a neighborhood. He also noted that the density in the area of the Schickel proposal is far less than in the northeast. Mr. Schickel said the whole purpose of the design of his development is to enhance the quality of life. It is the reason for having a homeowners association with legal powers to carry out its function. Single family homes have no such organization. If the property is not properly maintained in a single family home area there is not much the neighbors can do about it. Mr. Schickel said the Eastwood Commons development would be well-manicured, with well-designed roads and curbing and parking. It will have a number of amenities which are somewhat more expensive but which will lend a little higher standard than what is in the area. Supervisor Schwan said the discussion had consumed something over an hour and a quarter and that if there was nothing further from the floor he would close the hearing. No other persons wishing to be heard, the public hearing was closed with no action taken at the time. The Board will hold another meeting on February 19, 1973, for further consideration of the Schickel proposal. SLATERVILLE ROAD WATER RUN-OFF Alex McCord, 1514 Slaterville Road, asked what had been done about this recurring problem. Supervisor Schwan said he h^d talked to the Conservation Department people and had been advised they had to "" 11 - February 12, 1973 1 I i abandon the work they were doin^' on Mr. Marion's land for lack of funds. Mr. McCord indidated where they had worked by means of photo graphs. Supervisor SchWan noted again that Mr. Marion will not let anyone on his land to icorrect the situatiori. It was suggested that the people in the area get in touch with Mr. Marion and also that the East Ithaca Town AsdociatiOxi might talk with Mr. Marion to try to work out a solution. AS a last raSort the Town mxght have to cohsider condemning an easement in order to work oh the land. INSURANCE REVIEW Robert Boothroyd, Jr;, BoOthroyd Insuretnce Agency, appeared before the Board to review the Town's insurance program. Items covered in the reviews •1 i>i With regard to errors and omissions insurance this is notavailable. Apparently there is no market and it can't be bought. n- uii • required to carry New York State StatutoryDisability for employees. There is 26 weeks coverage and a 7-day wait ing period. Regular insurance companies will write this type of insur- ance for businesses, but those not required to carry it (as for instance municipalities) they will not write the policy. The Town would have to get ^his type of insurance through the State Fund. Supervisor Schwan noted ^at as part of State Retirement, even if an employee is hurt off the job, they are entitled to three quarters salary until age 65 at which time they can draw pension. , _ - Town will now carry, instead of individual policies,blanket coverage of at least $5,000 on each employee of the Town; The Supervisor is covered for $290,000 and the Town Clerk for $50,000. This new blanket arrangement was effected at a savings of some $350.00 and was approved at the December 29, 1972 meeting of the Board. (4)^ There was discussion of the Town's excess liability insur ance which IS presently in the amount of $3,000,000. Mr. Boothroyd recommended that this be increased to $5,000,000. Under questioning or the Board members as to whether there was any experience to indicate how much towns should be covered for, it did not appear there were any firm figures in this regard. Town Attorney Buyoucos asked why the Town s ordinary liability insurcuice did not cover possible large claims against the Town. Mr. Boothroyd said with regard to the maintenance of street sidewalks and roads there is an exclusion in the ordinary liability insurance policy and the Town must stand the first $10,000 of any claim. The consensus of the Board was that the Town should be covered in the excess liability policy to the extent of $5,000,000.00. Motion by Supervisor Schwan; seconded by Councilman McElwee, RESOLVED, that the Town of Ithaca increase its excess liability insur ance coverage from $3,000,000 to $5,000,000. Unanimously carried. (5) The Town's voting machines are now insured for $1,800 each. Since such machines now cost $2,200 approximately the Board instructed Mr. Boothroyd to increase the coverage to $2,200. (6) The contents of the Town office are now covered to the extent of $3,000. Penddlng an exact inventory of the contents of the Town office Mr. Boothroyd was instructed to cover these contents for $10,000. (7) Mr. Boothroyd explained that all Town parks are covered under the Town's regular liability insurance and no special arrange ments have to be made in this regard. /f - 12 - February 12, 1973 TRANSFER OF FUNDS Motion by Supervisor Schwan; seconded by Councilman Desch, RESOLVED, that Highway Department Item IV be transferred to Item I to balance out the account for the year. ($5,168.85) Unanimously carried. APPROVAL OF WARRANTS Motion by Councilman McElwee; seconded by Councilman Desch, RESOLVED, that the Warrants dated February 12, 1973, in the following amounts, be approved: General Fund $ 34,386.66 Highway Fund 9,021.97 Unanimously carried. "GAS FOR LESS" - Elmira Road (near Town Highway Barn) Supervisor Schwan reported that it had come to his attention that this station is on Town land and they are not being chatged by the Town of Ithaca in any way and that this situation is one of many years* standing^ Supervisor Schwan said he would look into the back ground and history of this matter and report back to the Board. REPORTS OF TOWN OFFICIALS Mrs. Barbara Holcomb, Chairman, Planning Board, reported that the Town has two planning students working with the Planning Board, rough ly 10 hours a week (as part of a course they axe taking) and they are ^ doing research on density, figuring out how many units we have in the Town of Ithaca in the various areas. 1 Mrs o Holcomb reported that the Planning Board is reserving one of their two meetings a month just for the zoning ordinance. They have been revising the section on intent (there is no such section in the present ordinance). They are also doing the final revisions on the body of the ordinance and hope to have a joint meeting of the Planning Board and the Town Board in April to iron out any changes and to de termine if the intent is essentially what they are trying to do. Af ter that it will go to the Town Attorney to polish the language, and give final approval from a legal point of view. ADJOURNMENT The meeting, was adjourned until Monday, February 19, 1973. It was suggested that the Town Board walk over the land itself where the Schickel development is proposed, prior to the meeting on February 19, 1973. . y/? ■Cc^ Edward L. Bergen Town Clerk