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HomeMy WebLinkAboutTB Minutes 1973-04-09A TOWN OF ITHACA REGULAR BOARD MEETING April 9, 1973 _ 5:00 p.m. Town Board of the Town of Ithaca, Tomp- New York, held at the Town of Ithaca Offices at lOd, at^.oo^n"™ +h Tthaca, New York, on the 9th day of April, 1973,ax 5:00 p.m., there were PRESENT: Walter J, Schwan, Supervisor Andrew W* McElwee, Councilman Victor Del Rosso, Councilman Rober*}: Na Powers, Councilman ABSENT: Noel Desch^ Councilman ALSO PRESENT: Barnes V. Buyoudos, Town Attorney Mrs. Bai*bai^a Holcomb, Chairman, Planning Board Peter K. Prancese, Planning Consultant Kenneth Krdohs, Town Engineer-Planner David W. Cowan> Zoning Officer Marion Morey, ^fighway Superintendent i Norbert Schickel William Schickel ' John MacDonald] Attorney Arthui* MiliOfi Engineer w: Li D. BoAr&man Lee, Attornoy Robert Plumerfelt, Engiheer Mr. and Mfs. Montgomery May Messrs. Mark Haag and Philip White Radio, TV, and Press APPROVAL OF MINUTES Supervisor Schwan; seconded by Councilman McElwee, RESOLVED, that the minutes of January 8, February 12, 19. 22. 26 and March 12, 1973 be approved as presented. Unanimously carried. EASTERN HEIGHTS SUBDIVISION DRAINAGE IMPROVMENTS Supervisor Schwan reported that drainage plans with respect to improved drainage in the Eastern Heights Subdivision had been re- ceived. The Supervisor explained this is for drainage off the end of Park Lane and Tudor to divert it from where it is now. He ex plained ^at Eastern Heights will provide the pipe for the improve ments. There was some question of the proper pipe size. The plan for improved drainage submitted by the Eastern Heights engineer will be examined by Ken Kroohs, Town Engineer-planner. Ttie matter was tabled to afford time for our engineer to check out the fig>xres Eastern Heights* engineer. BOLTON POINT - PROJECTS I and II Supervisor Schwan reported that proposed resolutions to establish a town wide water supply system (Project I) and a town-wide water distribution system (Project II) from Bolton Point on Cayuga Lake had been received from the Town's bonding attorneys, Sykes, Galloway, & Dikeman, for consideration at this time. Supervisor Schwsui read the entire resolution for Project I. The following resolution was offered by Supervisor Walter J. Schwan, who moved its adoption, seconded by Councilman Andrew W. McElwee, to-wit: 2 -April 9, 1973 RESOLUTION DATED April 9, I973. A RESOLUTION ESTABLISHING A BENEFITED AREA iN AND FOR THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO BE KNOWN AS THE TOWN WIDE WATER SUPPLY BENEFITED AREA (BOLTON POINT INTERMUNICIPAL PROJECT) AND AUTHORI ZING THE PROVIDING OF A WATER ikpROVEMENT FOR SAID AREA, WHEREAS, the Town Board of the Town of Ithaca, Tompkins County, New York, has heretofore duly caused a plah^ report and map to be prepared and filed in the office of the Town Clerk of said Town in relation to the providing of a water>improvement for the area of said Town outside of any villages, which area is the area benefited by said improvement as hereinafter described pur suant to Article 12-C of the Town Lawj and WHEREAS, an order was duly adopted by said Town Board on March 12, I973 reciting the proposed improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for said water improvement, the 3)roposed method of apportioning the cost of said water improve ment, the proposed method of financing to be employed, the fact that said plan, report and map were on file in the Town Clerk*s office for public inspection and specifying the Town offices on the third floor at lOo East Green Street, Ithaca, New York, as the place where and April 2, 1973i at 7:30 o*clock P.M., Eastern Standard Time, as the time when sUch Town Board would meet and hold a public hearing oh the authori?;ation of^ the said improvement and establishment of the said proposed benefited area and on the plan, report and map filed in relation thereto, at which all per- sons interested in the subject thereof would be heard concerning tlie same; and WHEREAS, said Town Board duly caused a copy of said order to be published and posted in the manner and within the time pro vided by law, and proof of said publication and posting has been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place set forth in said order as aforesaid, at which all per sons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said plan, report and map, and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tomp kins County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing it is hereby found and determined: a) That all the property in the said benefited area as hereinafter described is benefited by said water improvement and that all property benefited by ^ said water improvement is included in said benefited area; and b) That it is in the public interest to establish such benefited area as hereinafter described and to provide said water improvement as hereinafter authorized. Section 2. The establishment of the aforesaid benefited area to be designated and known as Town Wide Water Supply Benefited Area (Bolton Point Intermunicipal Project) in said Town is hereby authorized and approved, said area to consist of the entire area of the Town of Ithaca outside of the Village of Cayuga Heights, the only village located in said Town. c - 3 - April 9, 1973 Section 3. The construction of the aforesaid water improvement substantially in accordance with the aforesaid plan, report and map, consisting of an intake and water treatment plant at Bolton Point on Lake Cayuga in the Town of Lansing, raw water pump station, force mains, plant and pump station roads and a transmission main to the Village of Cayuga Heights and Lansing town line, together with appurtenant facilities including the ^ acquisition of necessary land or rights in land, is hereby authorized at a maximum estimated cost of $4,150,000. Such improvement constitutes a Comprehensive water improvement for use as an inter-municipal water supply facility for the Towns of Dryden, Ithaca and Lansing and the Village of Cayuga Heights, in Tompkins County, Hew York, all for the joint use and opera tion by the Town of Ithaca with the said Towns of Dryden and Lansing and the Village of Cayuga Heights, pursuant to an agree ment of municipal cooperation to be entered into by and among the said Village and the said Towns pursuant to Article 5-G of the General Municipal Law; The proposed method of financing of the aforesaid costs pursuant to the aforesaid agreement of municipal cooperation. Shall consist of the incurring of joint indebtedness by the said Village of Cayuga Heights and the said Towns of Lansing, Dryden and Ithaca, to be evidenced by joint serial bonds to be issued jointly to mature in annual installments for a period not exceeding forty years, and the share of said costs to be allocated to the Town of Ithaca pursuant to the aforesaid agreement of municipal cooperation, shall be determined on the basis of benefits received or conferred, or to be received or conferred from the aforesaid improvement in said Town, which amount is presently estimated to be $2,551,000, and said amount allocated to the Town of Ithaca shall be borne by the aforesaid benefited area and, to the extent not paid from revenues derived from water rents or other available funds, such cost shall be assessed, levied and collected from the several lots and parcels of land in said benefited area in the Town of Ithaca in just proportion to the amount of benefit which the said water improve ment shall confer thereon. Section 4. This resolution is adopted subject to the execution of an agreement of municipal cooperation among the aforesaid Towns and Village, and is further subject to the approval of the State Comptroller in accordance with the pro visions of subdivision 13 of Section 209-q of the Town Law. Section 5» Pursuant to the provisions of subdivision 11(a) of Section 209-q of the Town Law this resolution is adopted subject to permissive referendum. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman Del Rosso VOTING Aye Councilman McElwee VOTING Aye Councilman Powers VOTING Aye Supervisor Schwein VOTING Aye The resolution was thereupon declared duly adopted. Supervisor Schwan then read the entire text of the proposed resolu tion for Project H. The following resolution was offered by Supervisor Walter J. Schwan, who moved its adoption, seconded by Co\incilman Andrew W, McElwee, to wit: RESOLUTION DATED April 9^ 1973. A RESOLUTION ESTABLISHING A BENEFITED AREA IN AKD FOR THE TOWN OF ITHACA, TOMPKINS COUMT, HEW YORK, TO BE KNOWN AS THE TOWN WIDE WATER DISTRIBUTION BENEFITED AREA (BOLTON POINT INTERMUNICIPAL PROJECT) 30 V - 4 -April 9, 1973 AKD AUTHORIZING THE PROVIDING OP A WATER IMPROVEMENT FOR SAID AREA. WHEREAS, the Town Board of the Town of Ithaca, Tompkins County, New York, has heretofore duly caused a plan, report and map to be prepared and filed in the office of the Town Clerk of said Town in relation to the providing of a water improvement for the area of said Town outside of any villages, which area is proposed to be the area benefited by said improvement as herein after described pursuant to Article 12-C of the Town Law; and M order was duly adopted by said Town Board on1973 reciting the proposed improvement, a descriptiono he boundaries of the proposed benefited area, the maximum amount proposed to be expended for said water improvement, the proposed method of apportioning the cost of said water improve ment, the proposed method of financing to be employed, the fact that said plan, report and map were oh file in the Town Clerk*s public inspection and specifying the Town offices on the third floor at 108 East Green Street, Ithaca, New York, as the place where and April 2, 1973 at 8:00 o'clock P.M., Eastern Standard Time, as the time when such Town Board would meet and hold a public hearing on the authorization of the said improve ment and establishment of the said proposed benefited area and on the plan, report and map filed in relation thereto, at which all persons interested in the subject thereof would be heard concerning the same; and WHEREAS, said Town Board duly caused a copy of said order to be published and posted in the manner and within the time pro vided by law, and proof of said publication and posting has been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place set forth in said order as aforesaid, at which all per sons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said plan, report and map, and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tomp kins County, New York, as follows; Section 1. Upon the evidence given at the aforesaid public hearing it is hereby found and determined: a) That all the property in the said benefited area as hereinafter described is benefited by said water improvement and that all property benefited by said water improvement is included in said benefited area; and b) That it is in the public interest to establish such benefited area as hereinafter described and to pro vide said water improvement as hereinafter authorized. Section 2. The establishment of the aforesaid benefited area to be designated and known as Town Wide Water Distribution Benefited Area (Bolton Point Intermunicipal Project) in said Town is hereby authorized and approved, said area to consist of the entire area of the Town of Ithaca outside of the Village of Caytaga Heights, the only village located in said Town. Section 3« The construction and installation of the aforesaid water improvement substantially in accordance with the aforesaid plan, report and map, consisting of, as a first stage of construction, approximately 85,000 linear feet of transmission mains of varying diameters, a two million gallon storage reservoir 3o B - 5 - April 9, 1973 and three booster stations, together with appurtenant facilities including the acquisition of necessary land or rights in land, ishereby authorized at a maximum estimated cost of II4930 000, Such improvement constitutes a comprehensive water improvement for use as an inter-municipal water transmission facility for the Towns of Dryden and Ithaca and the Village of Cayuga Heights, in Tompkins County, New York, all for the joint use and operation by the Town of Ithaca with the said Town of Dryden and the Village of Cayuga Heights, pursuant to an agreement of municipal coopera- m entered into by and among the said Village and thesaid Towns pursuant to Article 5-G of the General Muhidipal Law. pe proposed method of financing of the aforesaid costs pursuant to pe aforesaid agreement of municipal cooperation, shall con- pcurring of joint indebtedness by the said Village of pyuga Heights and the said Towns of Dryden and Ithaca, to be evidenced by joint serial bonds to be issued jointly to mature installments for a period not exceeding forty years,and the spre of said costs to be allocated to the Town of Ithaca purpant to the aforesaid agreement of municipal cooperation, shall be determined on the basis of benefits received or con ferred, or to be received or conferred from the aforesaid pppvement in said Town, which amount is presently estimated to be $1,420,700, and said amount allocated to the Town of Ithaca Bhpl be borne by the aforesaid benefited area and, to the extent mot paid from revenues derived from water rents or other avail- iable funds, such cost shall be assessed^ levied and collected from the several lots and parcels of land in said benefited area Ithaca in just proportion to the amount of benefit "Which the said water improvement shall confer thereon. Secpon 4. This resolution is adopted subject to the execution of an agreement of municipal cooperation among the aforesaid Towns and Village, and is further subject to the approval of the State Comptroller in accordance with the pro visions of subdivision 13 of Section 209-q of the Town Law. Section 5. Pursuant to the provisions of subdivision 11(a) of Section 209-q of the Town Law this resolution is adopted subject to permissive referendum. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman Del Rosso VOTING Aye Councilman McElwee VOTING Aye Councilman Powers VOTING Aye Supervisor Schwan VOTING Aye The resolution was thereupon declared duly adopted. Town Attorney Buyoucos advised the Board that it would be nec esseijry to adopt a resolution giving the Supervisor, or in his stead the Deputy Supervisor, permission to apply to the State Comptroller, Department of Audit and Control for authority to create Project I and Project II. Motion by Supervisor Schwan; seconded by Councilman McElwee. RESOLVED, that the Town Board of the Town of Ithaca authorizes the Supervisor of the Town of Ithaca, or in his stead the Deputy-Super visor of the Town of Ithaca, to apply to the State Comptroller, Department of Audit and Control, for permission to establish a benefited area in and for the Town of Ithaca, Tompkins County, New York, to be known as the Town Wide Water Supply Benefited Area (Bolton Point Intermunicipal Project) and authorizing the providing of a Water Improvement for said area (Project I) at an estimated cost to the Town of Ithaca of $2,551^000, and to establish a bene fited area in and for the Town of Ithaca, Tompkins County, New York, 3^ - 6 - April 9, 1973 to be known as the Town Wide Water Distribution Benefited Area (Bolton Point Intermunicipal Project) and authorizing the providing of a Water Improvement for said area (Project II), at an estimated cost to the Town of Ithaca of $1,420,700j Unanimously carried. PUBLIC HEARING - EASTWOOD COMMONS DEVELdl^WT Proof of posting and publication having been presented, the Super visor opened the public hearing with respect to amending the resolu tion of February 26, 1973 approving the Eastwood Commons Development of the Schickel Environmental Development Company, Town Attorney Buyoucos explained that the reason for the amendment proposed is the Board's concern about density and its desire to clarify the section having to do with occupancy. Motion by Councilman McElweej seconded by Councilman Powers, WHEREAS, in approving the establishment of a Multiple Residence District and change in the Zoning Map of property of the Schickel Environmental Development Company, on Honness Lane, the Town Board has been concerned with the question of density and the establishment of said district arid the approval of the change in the Zoning Map were predicated on cbntrol of density by limiting the use and occupancy of each dwelling unit in such develop ment ; and WEIEREAS, the Zoning Ordinance as presently amended does not permit any boarders, roomers or lodgers in any dwelling unit in a Multiple Residence District and it is not the intent of this Board that boarders, roomers or lodgers be permitted in each dwel ling unit in this development; NOW, THERER)RE, (1) Paragraph (a) of Section 6 of the Resolution adopted on the 26th day of February, 1973^ is deleted and it its place it is resolved as follows: (a) Each such dwelling unit shall be used and occupied only as a single family dwelling; the word "family" as used in this resolution shall be deemed to consist not only of one or more persons related by blood, marriage or adoption, but also not more than two unrelated persons. (2) Paragraph C(l) of Section 4 of the resolution adopted on the 2Dth day of February, 1973> requiring that the County Higliway Department and the State Department of Transportation approve curb cuts and water drainage is deleted in its entirety inasmuch as the streets and roads will be Town roads and not County or State roads. Unanimously carried. Mr. Norbert Schickel and his attorney, John MacDonald, had requested deletion of the words "rules and regulations" in Section 4 (B)(3)(a) of the original resolution. The Board was inclined to retain the phrase, and only require Eastwood Commons homeowners' association to advise the Board of the rules and regulations they make, and if the Town does not object within a certain time, they can be said to be approved. Copies of the Certificate of Incorporation and the By-Laws of the Eastwood Commons Residents Association, Inc. were distributed to the Board. It appeared that the Board had not previously seen this material in time to make a Judgment to approve or disapprove of same. Some of those present thought the public also ought to have a copy of these to study. It was agreed that copies would be made avail able to anyone who wished to have a copy. 7 - April 9, 1973 Consideration of the Certificate of Incorporation and the By-Laws was deferred until Monday, April 16, 1972, to give the Board members time to study the material. EASTWOOD COMMONS DEVELOPMEDJT - DRAINAGE PLAI^ Mr. Norbert Schickel presented drainage plans for the Eastwood Comons development on Honness Lane, Contending in the main that with this drainage proposal one third less water would be draining to the southwest corner of the property and the water going to the north will not present a danger to Mr. Coggshall»s existing 42 inch culvert. Further, that the velocity of the water draining over the property would not be substantially greater than it is at present. Mr. Kenneth Kroohs, Town Engineer-Planner, noted that at the April 3> 1973 meeting of the Planning Board he had requested details of the discharge pipes for the stream at the north end of the property and the diversion ditch, as well as the detail of the actual diver sion ditch. These were presented to him and he found them to be satisfactory. He said that rock will be placed at the base of the two discharge pipes to prevent erosion. Mr* Arthur Miller (Schickel engineer) claimed that the drainage plan woilld be beneficial from the standpoint of erosion, jyfr. Coggshall said that it would not be beneficial at his culvert. Town Attorney Buyoucos asked whether the proposed drainage plan would guarantee that the channeling of the water would not cause damage to other property. Mr. Miller said the effect will be less than under existing conditions. He said, however, if there is damage under existing conditions there may be damage in the future, but there would be no increased damage be cause of the Schickel development using the proposed drainage plan. He said with the proposed drainage plan water run-off will be less than it is at the present time. Mr. Coggshall claimed than an additional 82 acres of land was being drained toward his culvert under the proposed plan and he felt his culvert could not stand any more than it was already taking, Mr. Miller said the proposed drainage plan was relatively simple. The water is carried along the street to catch basins and collected into storm sewers and most of it is carried off the north end of the property. The drainage pattern is to the southwest corner and north west corner. There would be very little drainage left over the ground. There would be a shallow sodded ditch along the west edge of the property parallel to Slaterville Road so that no water will run over the adjacent properties of Coggshall and King. Mr. Kroohs recommended that the water be picked up at the catch basins at the southerly intersection of Strawberry Hill Road, Wildflower Drive, and Sunny Slope Lane and be discharged at the stream at the north end of the property. Mr. Kroohs stated there is a substantial problem on Slaterville Road. The State has verbally agreed through Mr. Shannon3 New York State Department of Transportation Regional Engineer, to deepen the ditch in conjxmction with the work the Town intends to do with regard to the improvement of conditions on Honness Lane. Mr. Robert Plumerfelt, (engineer for Mr. Coggshall), contended that water will be diverted to a stream into which it does not now naturally flow. He said Mr. Coggshall*s culvert was somewhat full during last June's storm. Under questioning by Town Attorney James V. Buyoucos, however, Mr. Plumerfelt said it appears that the pro posed drainage plan is on the safe side with regard to the determina tion of run-off factor and the rainfall intensity. He also said, under questioning, that they had been conservative in determining the run-off quantity that goes through Mr. Coggshall's culvert. It was Mr. Coggshall's contention, however, that the estimates did not take into consideration the proposed development and the drain age of additional acreage. Under questioning, Mr. Plumerfelt said he thought the plan is sufficient, contending only that there is some acreage of surface run-off that is being diverted to a channel 3o H - 8 - April 9, 1973 Which does not now carry it. Mr. Buyoucos asked Mr. Plumerfelt whether, in his opinion as an expert, the drainage plan presented was an adequate one for handling the run-off anticipated as stated with respect to this Subdivision. Mr. Plumerfelt said he could only comment that he thought the plan is adequate, but that he had not checked pipe sizes or grades with respect to this drainage plan. He said all he had determined is what happens to the course of the present surface water on that parcel. Mr. Buyoucos asked whether, if Mr. Coggshall»s cUlvert were increased in size, some of the doubts and concerns would bO dissipated* Mr. Plumerfelt said they would. Mr. Miller said he could understand that there might be some concern or doubt, but the fact is that the culvert with a head of water has sufficient capacity to carry off the run-off. Mr. Buyoucos asked whether he would feel the same way if there was development of the vacant land further up. Mr. Miller said he could not comment on that without having the development defined, but that they had used conservative figures in obtaining run-off characteristics, but they would vary and be affected by further development. He said they had based their calculations on a 50-year storm, by-passing 25-year storm calculations. Mr. Miller noted that the Coggshall culvert had car ried last year's June storm. Mr. Montgomery May recited drainage problems they had had in the past and noted that he wS.s much concerned about additional velocity as he felt it could cAuSe considerable damage. Mr. Kroohs said that this drainage plan would put a little more water through Mr. Coggshall's culvert,that we may be approaching capacity and that we would have to keep an eye on it if Cornell University were to do any developing up above. Mr. Plumerfelt felt that Mr. Coggshall's ditch was pretty much at capacity now. Mr. Miller disagreed, saying there was approximately 20 or 30 cubic feet per second left. Mr. D. Boardman Lee, attorney for Coggshall, said the Schickel drainage plan underestimated the drainage area. Councilman Powers asked if under this plan it was Miller's contention that there would be no more water by the time it hits the southwest property line than there is now and the velocity would not be any greater because of the rip-rap. Miller said that was his contention. Councilman Powers wondered, since Slaterville Road was such a large part of the problem, how much pressure could be brought to bear on the State. The consensus seemed to be that there was not a great deal that could be done in this direction beyond the verbal commit ment referred to above. The Board deferred action with respect to Mr. Schickel's drainage plan until Monday, April l6, 1973 at 5:00 p.m. Mr. Schickel then exhibited detailed water and sewer plans and stoim and sanitary sewer plans, as well as detailed landscaping plans for two sample units, showing elevations and profiles (all of which are on file in the Town Offices). Motion by Councilman McElwee; seconded by Councilman Powers, RESOLVED, that the site plans, water and sewer plans, storm and sanitary sewer plans, and landscaping plans for sample units, as presented, showing elevations and profiles, be approved, for the Eastwood Commons development. Unanimously carried. PUBLIC HEARIiro - HAAO & WHITE Proof of posting and publication having been presented, the Super visor opened the hearing with respect to the request of Messrs. Haag & White for the rezoning of 8.37 acres of land on Five Mile Drive and Fidler Road from R-9 and R-30 to Multiple Residence, 30 units in two buildings. w?^ 1 - 9 - April 9, 1973 Town Attorney Buyoucos wanted the record to show that the firm of Buyoucos & , Barney has represented Messrs Haag & DJhite in other relations with Messrs. Haag &White in this particular matter of rezoning. i Messrs. Haag & White presented their site plans to the Board for ^ consideration. It appeared that the Board was satisfied with the I proposal except in one respect -- the number of stories involved in the project. According to the Zoning Ordinance of the Town of Ithaca ... Wo structure shall exceed two stories on the roadside." It & White proposal might entail three stories.I was^^noted that there is some ambiguity as to the meaning of the words story and basement" in the Ordinance. In view of the general consensus of the Board that the Haag & White proposal probably did involve a three-story structure and, further, the generally favorable attitude of the Board toward the proposal^ there was considerable dis cussion of how Haag & White might best proceed to accomplish the pro- -.1" Ordinance might be amended, whether Haag & WhiteShould seek a variance or special permit from the Zoning Board of Appeals. After considerable discussion, the sense of the Board was as follows: The Town Board of the Town of Ithacaj, following a public hearing, is ready to approve the Application of Mark Haag and Philip White to rezone certain lands in the Town of Ithaca to multiple residence, which lAnds front on Five Mile Drive (corner of Pidler Roadjj in accordance with plans submitted to the Town ^ard on April 9, 1973, except that a question has arisen ks td the meaning of Subdivision 5 of Section 28 of the Zoning Ordinance limiting the height of structures in the Multiple Residence District to two stories on the road side. The Town Board looks favorably upon the height of the proposed structures in the plans as submitted. A question has arisen as to whether or not the structures are in fact two stories in height or two stories with a basement. Therefore, the Town Board refers to the Zoning Board of Appeals in accordance with Section 77 of the Zoning Ordinance to consider the advisability of granting a special permit or a variance to the applicants to build the structures shown on the site plan and as located thereon, three stories in height instead of two, and the Board recom mends favorable approval of such application. The public hearing was adjourned until Monday, April l6, 1973 in order to continue consideration of the project after the determina tion of the Zoning Board of Appeals. ACCEPTANCE OF EASTERN HEIGHTS PARK Motion by Supervisor Schwanj seconded by Councilman Powers, RESOLVED, that the Town Board of the Town of Ithaca instructs the Town Attorney to examine the deed from Eastern Heights, Inc. to tiie Town of Ithaca for the Eastern Heights Park and if he finds it in order to approve the same so that it may be recorded in the Tompklns County Clerk's Office. ps0s Unanimously carried. FIRE CONTRACT BETWEEN THE VILLAGE OF ^ CAYUGA heights and the TOWN OF ITHACA Motion by Councilman Powers; seconded by Supervisor Schwan, RESOLVED, that the fire contract between the Village of Cayuga Heights and the Town of Ithaca for the year 1973 be approved. Unanimously carried. J - 10 - April 9, 1973 Motion by Supervisor Schwan; seconded by Councilman Powers, RESOLVED, that the Town of Ithaca furnish two voting machines for the Cayuga Heights School and three voting machines for the Hortheast School to the Ithaca City School District with the understanding that the Town of Ithaca will bill the Ithaca City School District for the man hours involved in delivering, setting up, and returning the machines. Unanimously carried. TRANSFER OP BOLTON POINT RESEARCH FUNDS Motion by Supervisor Schwan; seconded by Councilman Powers, RESOLVED, that the Town Board Of the Town of Ithaca authorizes the transfer of the year-end balance of $2,602.51 in the Bolton Point Research Account (Account No. A8030.O) at December 29, 1972 to the January 1, 1973 beginning balance to pay bills still outstanding in this account. Unanimously carried. ABSTRACT CHANGES AND ADDITION Motion by Councilman Powers) seconded by Councilman McElwee, RESOLVED, that the following abstract changes and addition be made: Change page total of Abstract ^2 (February, 1973) from $22,991.07 to $22,991.33. Change page total of Abstract #4 (March, 1973) from $4,596.42 to $4,596.44. Add abstract Number lA for approval in the amount of $1,274, General Fund, omitted from abstracts for meeting of January 8, 1973. REPORTS OF TOWN OFFICIALS Barbara Holcomb, Chairman, Planning Board, reported that the Planning Board had received a letter from Robert I. Wright of North East Appraisals, Inc. (dated April 6, 1973) requesting a letter to the effect that the Planning Board has decided to allow the 50 ft. road that is projected on the Woolf Property, located on DuBois Road, which road is located on a preliminary subdivision plan prepared by John Dougherty on March 31, I969 (L.S. 36171). Motion by Councilman McElwee; seconded by Supervisor Schwan, RESOLVED, that when a final subdivision plan for Woolf Subdivision, Stage 2, as shown on Map 334, Town of Ithaca Map Pile, is presented, the Town of Ithaca will agree to accept a 50 ft. right of way on Woolf Lane extended from its intersection with DnBois Road to a point approximately 400 feet into the development as is presently shown on said map. Unanimously carried. Mrs. Holcomb distributed to the Board copies of proposed Preface to the proposed new Zoning Ordinance. This is an outline of the I background and general intent of the proposed Zoning Ordinance. (Copy of this material is attached hereto and made a part of these minutes.) This material is subject to further study and possible revision. Mrs. Holcomb reported that as soon as Peter Prancese has completed the work he has been doing on the Zoning Ordinance he intends to phase out entirely his work as Planning Consultant for the Town of Ithaca. She noted that Ken Kroohs will devote considerable time this summer to the road survey and will be working full time in the summer. Most of his time will be spent on engineering problems - 11 - April 9, 1973 rather than planning. Mrs. Holcomb said she would be taking a vaca tion in the summer months and that Sandy McCullough, a planning student at Cornell University, would take over the work she has been doing (apart from her activities on the Planning Board), if the Board approved. Miss McCullough would be doing the planning and a^inistrative work from day to day that Mrs. Holcomb has been doing. This arrangement was agreeable to the Board. This would be for three summer months. Mrs. Holcomb reported that oh March 20, 1973 the Planning Board had passed a resolution requesting the Ithaca Town Board to impose a Moratorium on zoning changes until the proposed revised Zoning Ordinance has been adopted^ but in no case for a period to exceed six months from the date of the adoption of the Moratorium. The Board did not appear inclined to adopt this measure for various reasons —possible legal challenge, effectively prejudging the new Zoning Ordinance and putting it into effect before a public hearing, etc. The Board was inclined to handle situations as they arose. Mrs. Holcomb reported that with respect to the Groff Associates proposal for elderly housing the Senior Citizens have now agreed that there is a need for housing for the elderly. The Senior Citizens are still concerned about transportation. It appears that the County now leans toward granting tax abatement for this project. With respect to Groff Associatefe Mrs. Holcomb had some concern that this is not the same organization as when the Town Board adopted its resolution approving the tax abatement. Apparently it has changed its membership, its voting stock, and its name. Brief discussion of this matter did not lead to any conclusion or action. The general consensus was that the Town heed not take any action at this time. TYPEWRITER PURCHASE The Town Board considered the purchase of a new IBM Typewriter. Motion by Supervisor Schwan; seconded by Councilman Powers, RESOLVED, that the Town of Ithaca purchase a new IBM Correcting Selectric Typewriter for the sum of $576.00 with the understanding that there would be a trade in allowance of $110.00 on the IM typewriter currently in use, leaving a net expense of $466.00. Unanimously carried. APPROVAL OF WARRAM'S Motion by Councilman Del Rosso; seconded by Councilman McElwee, RESOLVED, that the warrants dated April 9, 1973, in the following amounts, be approved; General Fund $ 11,074.34 Highway Fund S 7,869.75 Water and Sewer Fund $ 1,815.72 Unani.moi IS 1 y c a i- i-.l e 0, ADJOURNMENT The meeting was adjourned at 9:00 p.m. until Monday, April 16, 1973, at 5J00 p.m. yi Town Clerk n At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at 108 East Green Street, in Ithaca, New York, in said Town, on the 9'th day of April, 1973, at 5:00 o*clock P.M., Eastern Standard Time. The meeting was called to order by Supervisor Walter J. Schwan and upon roll being called, there were PRESENT: Walter J. Schwan, Supervisor Andrew W. McElwee, Councilman Victor Del Rosso, Councilman Robert N. Powers, Councilman ABSENT: Noel Desch, Councilman f ' f % r\ f 1 The following resolution was offered by Supervisor Walter J. Schwan, who moved its adoption, seconded by Councilman Andrew W. McElwee, to-wit: RES«LUTIOW DATED April 9, 1973. A RESOLWTION ESTABLISHING A BENEFITED AREA IN AND FOR THE TOWN OP ITHACA, TOMPKINS COUNTY, NEW YORK, TO BE KNOWN AS THE TOWN WIDE WATER DISTRIBUTION BENEFITED AREA (BOLTON POINT INTERJiUNIGIPAL PROJECT) AND AUTHORIZING THE PROVIDING OF A WATER IMPROVEMENT FOR SAID AREA, MEREAS, the Town Board of the Town of Ithaca, Tompkins County, New York, has heretofore duly caused a plan, report and map to be prepared and filed in the office of the Town Clerk of said Town in relation to the providing of a water improvement for the area of said Town outside of any villages, which area is proposed to be the area benefited by said improvement as herein after described pursuant to Article 12-C of the Town Law; and WHEREAS, an order was duly adopted by said Town Board on March 12, 1973 reciting the proposed improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for said water improvement, the proposed method of apportioning the cost of said water improve ment, the proposed method of financing to be employed, the fact that said plan, report and map were on file in the Town Clerk*s im 3;S fA[;£l035 urn 018 r>;:t036 - 2 - r 1 p % f ^ P s ¥ \ f ^ office for public inspection and specifying the Town offices on the third floor at 108 East Green Street, Ithaca, New York, as the place where and April 2, 1973 s-t 8:00 o*clock P.M., Eastern Standard Time, as the time when such Town Board would meet and hold a public hearing on the authorization of the said improve ment and establishment of the said proposed benefited area and on the plan, report and map filed in relation thereto, at which all persons interested in the subject thereof would be heard concerning the same; and l^HEREAS, said Town Board duly caused a copy of said order to be published and posted in the manner and within the time pro vided by law, and proof of said publication and posting has been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place set forth in said order as aforesaid, at which all per sons desiring t© be heard were duly heard; and WHEREAS, said Town Board has duly considered said plan, report and map, and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tomp- kins County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing it is hereby found and determined: a) That all the property in the said benefited area as hereinafter described is benefited by said water improvement and that all property benefited by said water improvement is included in said benefited area; and b) That it is in the public interest to establish such benefited area as hereinafter described and to pro vide said water improvement as hereinafter authorized I r ^ 9 % f ^ 9 % # 1 P % ube:^ - 3 - Section 2. The establishment of the aforesaid benefited area to be designated and known as Town Wide Water Distribution Benefited Area (Bolton Point Intermunicipal Project) in said Town is hereby authorized and approved, said area, to consist of the entire area of the Town of Ithaca outside of the Village of Cayuga Heights, the only village located in said Town. Section 3. The construction and installation of the aforesaid water improvement substantially in accordance with the aforesaid plan, report and map, consisting of, as a first stage of construction, approximately 85,000 linear feet of transmission mains of varying diameters, a two million gallon storage reservoir and three booster stations, together with appurtenant fa«ilities including the acquisition of necessary land or rights in land, is hereby authorized at a maximum estimated cost of $1,930,000. Such improvement constitutes a comprehensive water improvement for use as an inter-municipal water transmission facility for the Towns of Dryden and Ithaca and the Village of Cayuga Heights, in Tompkins County, Hew York, all for the joint use and operation by the Town of Ithaca with the said Town of Dryden and the Village of Cayuga Heights, pursuant to an agreement of municipal coopera tion to be entered into by and among the said Village and the said Towns pursuant to Article 5-G of the General Municipal Law. The proposed m.ethod of financing of the aforesaid costs pursuant to the aforesaid agreement of municipal cooperation, shall con sist of the incurring of joint indebtedness by the said Village of Cayuga Heights and the said Towns of Dryden and Ithaca, to be evidenced by joint serial bonds to be issued jointly to mature in annual installments for a period not exceeding forty years, and the share of said costs to be allocated to the Town of Ithaca pursuant to the aforesaid agreement of municipal cooperation, shall be determined on the basis of benefits received or con ferred, or to be received or conferred from the aforesaid 018 PAGE 1037 018 1038 - 4 - I f 1 f y t 4 improvement in said Town^ which amounti'is presently estimated to be and said amount allocated to the Town of Ithaca shall be borne by the aforesaid benefited area and, to the extent not paid from revenues derived from water rents or other avail able funds, such cost shall be assessed, levied and collected from the several lots and parcels of land in said benefited area in the Town of Ithaca in just proportion to the amount of benefit which the said water improvement shall confer thereon. Section 4. This resolution is adopted subject to the execution of an agreement of municipal cooperation among the aforesaid Towns and Village, and is further subject to the approval of the State Comptroller in accordance with the pro visions of subdivision 13 of Section 209-q. of the Town Law. Section 5» Pursuant to the provisions of subdivision 11(a) of Section 209-q of the Town Law this resolution is adopted subject to permissive referendum. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows; Councilman Del Rosso VOTIRG Aye Councilman McElwee VOTING Aye Councilman Powers VOTING Aye Supervisor Schwan VOTING Aye t ^ \ • \ The resolution was thereupon declared duly adopted. * * * ® «<? • . f S f \ ¥ S P s r % -.j USE STATE OF NEW YORK COUNTY OF TOMPKINS SS. : I, the undersigned Clerk of the Town of Ithaca, Tompklns County, New York, DO HEREBY CERTIFY: That I have compared the annexed ejctra«t of the minutes of the meeting of the Town Board of said Town, including the resolution •ontained therein, held on the 9th day of 'April, 1973^ with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole • of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that all members of said Board had due notice of said meeting, IN WITNESS VJHEREOF, I have hereunto set my hand and effixed the seal of said Town this lOth day of April, 1973. Town Clerk 318 fAEElOSS !) f ^ # 1 ' « UBER 018 F^ttiOSO At a regular meeting of the Town Board of the Town of Ithaca_, Tompkins County, New York, held at 108 East Green Street, in Ithaca, New York, in said Town, on the 9th day of April, 1973, at 5:00 o'clock P.M., Eastern Standard Time. The meeting was called to order "by Supervisor Walter J. Schwan, and upon roll being called, there were PRESENT: Walter J. Schwan, Supervisor Andrew W. McElwee, Councilman Victor Del Rosso, Councilman Robert N. Powers, Councilman ABSENT: Noel Desch, Councilman The following resolution was offered by Supervisor Walter J. Schwan, who moved its adoption, seconded by Councilman Andrew W. McElwee, to-wit: RESOLUTION DATED April 9^ 1973. A RESOLUTION ESTABLISHING A BENEFITED AREA IN AND FOR THE TOWN OP ITHACA, TOJ-IPKINS COUflTY, IW YORK, TO BE KNOWN AS THE TOW WIDE WATER SUPPLY BENEFITED AREA(BOLTON POINT INTERIWNICIPAL PROJECT) AND AUTHORI ZING THE PROVIDING OF A WATER INIPROVEMENT FOR SAID AREA. WHEREAS, the Town Board of the Town of Ithaca, Tompkins County, New York, has heretofore duly caused a plan, report and map to be prepared and filed in the office of the Town Clerk of said Town in relation to the providing of a water improvement for the area of said Town outside of any villages, which area is the area benefited by said improvement as hereinafter described pur suant to Article 12-C of the Town Law; and WHEREAS, an order was duly adopted by said Town Board on March 12, 1973 reciting the proposed improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for said water improvement, the proposed method of apportioning the cost of said water improve ment the proposed method of financing to be employed, the fact that said plan, report and map were on file in the Town Cl«rk's t ^ ¨ % f \ f \ rs * < f s LIBER - 2 - office for public inspection and specifying the Town offices on the third floor at 108 Sast Green Street^ Ithaca, New York, as the place where and April 2, 1973j at 7:30 o'clock P.M., Eastern Standard Time, as the time when such Town Board would meet and hold a public hearing on the authorization of the said improvement and establishment of the said proposed benefited area and on the plan, report and map filed in relation thereto, at which all per sons interested in the subject thereof would be heard concerning the samej and "WHEREAS, said Town Board duly caused a copy of said order to be published and posted in the manner and within the time pro vided by law, and proof of said publication and posting has been duly presented to said Town Boardj and WHEREAS, said public hearing was duly held at the time and place set forth in said order as aforesaid, at which all per sons desiring to be heard were duly heard^ and WHEREAS, said Town Board has duly considered said plan, report and map, and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tomp- kins County, New York, as follows; Section 1. Upon the evidence given at the aforesaid public hearing it is hereby found and determined: a) That all the property in the said benefited area as hereinafter described is benefited by said water improvement and that all property benefited by said water improvement is included in said benefited area; and b) That it is in the public interest to establish such benefited area as hereinafter described and to provide said water improvement as hereinafter authorized. 118 ml03± I f ^ ¨ % f \ i n » s im 018 MEE1032 - 3 - Section 2, The establishment of the aforesaid benefited area to be designated and known as Town Wide Water Supply Benefited Area (Bolton Point Intermunicipal Project) in said Town is hereby authorized and approved^ said area to consist of the entire area of the Town of Ithaca outside of the Village of Cayuga Heights, the only village located in said Town. Section 3* The construction of the aforesaid water improvement substantially in accordance with the aforesaid plan, report and map, consisting of an intake and water treatment plant at Bolton Point on Lake Cayuga in the Town of Lansing, raw water pump station, force mains, plant and pump station roads and a transmission main to the Village of Cayuga Heights and Lansing town line, together with appurtenant facilities including the acquisition of necessary land or rights in land, is hereby authorized at a maximum estimated cost of $^,150,000. Such improvement constitutes a comprehensive water improvement for use as an inter-municipal water supply facility for the Towns of Dryden, Ithaca and Lansing and the Village of Cayuga Heights, in Tompkins County, Hew York, all for the joint use and opera tion by the Town of Ithaca with the said Towns of Dryden and Lansing and the Village of Cayuga Heights, pursuant to an agree ment of municipal cooperation to be entered into by and among the said Village and the said Towns pursuant to Article 5-G of the General Municipal Law. The proposed method of financing of the aforesaid costs pursuant to the aforesaid agreement of municipal cooperation, shall consist of the incurring of joint indebtedness by the said Village of Cayuga Heights and the said Towns of Lansing, Dryden and Ithaca, to be evidenced by joint serial bonds to be issued jointly to mature in annual installments for a period not exceeding forty years, and the share of said costs to be allocated to the Town of Ithaca pursuant to the aforesaid agreement of municipal cooperation, shall be determined fy i % ' % - 4 - on the "basis of benefits received or canferred^ or to be received or conferred from the aforesaid improvement in said Town^ which amount is presently estimated to be $2,551j000j and said amount allocated to the Town of Ithaca shall be borne by the aforesaid benefited area and, to the extent not paid from revenues derived from water rents or other available funds, such cost shall be assessed, levied and collected from the several lots and parcels of land in said benefited area in the Town of Ithaca in Just proportion to the amount of benefit which the said water improve ment shall confer thereon. Section 4. This resolution is adopted subject to the execution of an agreement of municipal cooperation among the aforesaid Towns and Village, and is further subject to the approval of the State Comptroller in accordance with the pro visions of subdivision 13 of Section 209-1 of the Town Law. Section 3- Pursuant to the provisions of subdivision 11(a) of Section 209-1 of the Town Law this resolution is adopted subject to permissive referendum. The luestion of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Councilman Del Rosso VOTIHG Aye Councilman McElwee VOTING Aye Councilman Powers VOTING Aye Supervisor Schwan VOTING Aye The resolution was thereupon declared duly adopted. * * * USER 0 .8 RACE 1033 I • *, Iv LI5ER 018 PAGE 1034 STATE OF NEW YORK COUNTY OP TOMPKINS SS. : Ij the undersigned Clerk of the Town of Ithaca^ Tompkins County, Kew York, DO HEREBY CERTIFY: That I have compared the foregoing copy of the minutes of the meeting of the Town Board of said Town, including the resolution contained therein, held on the 9th day of April, 1973, with the original thereof on file in my office, and that the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject mabters therein referred to. I FURTHER CERTIFY that all members of said Board had due nobice of said meeting. IN WITNESS V/HEREOF, I have hereunto set my hand and affixed the seal of said Town this 10th day of April, 1973. p. '''iAvfoVv- Town Clerk : ] UbS, 3 ;A i. i." n n / -V.c :rfH.IDct:ccE'Ot?;' OApr 13 I2 58p«l3nvoKrKi^s couHTy. CiEflVS OrFlCI;H.)! (- OoI—iM I orMvj•:V- ate^NewYoiX-' rJCOfdeJ 4'•! *■ ^-■.: ,..OL^fmXS..:.'.'•'^••3....,ah.'-cio^'v p- ■'■• »..i5r..; .,J,Q30.. ^ E-t/ efet ; a'c:: .' »c C-'c* '\f; < x:q It-i ' o:>'.; >'•H■--{A - .•('I !H ■J \' '•• ' J-i •■" ''fxi^ >1'■•'■;,'"II,HI/y-iy.?/'^-1*s*Gi. /