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HomeMy WebLinkAboutTB Minutes 1973-09-10TOWN Qj* ITHACA REGULAR BdARD I^ETING September 10, 1973 : . n j At a Regular Meeting of the Town Board of the T6wn of Ithaca, Tompkins County, New York, held at the Towii of Ithaca Offices at 108 East Green Street, Ithaca, New York, on the 10th day Of Septembdr, 1973, at 5s00 ^ p.m., there were i i .. " I i PRESENTS Walter J. Schwan# Supervisor Andtew W. McElwee, Councilman Victor Del Rossb, Councilman Robert N. Powers^ Coimcilman ABSENTS NOel Desct, Councilman ALSO PRESENTS James Buyoucos, Town Attdrney Barbara l^bldomb, Chairman, Planning Board David Wk dbwan. Zoning Officer iReynoldjs Metz,, Assistant Zoning Officer kenneth! ibrb^hd. Town Engineer-Plsuiner Nation kbteitr Highway Superintendent John liewfebwicz, Coddington Road Community Center Radio, tV, and Press The meeting was called to order at 5s10 p.m. TRANSFER OF FUNDS In view of the fact that the Planning Board contractual expense account was almost completely depleted, the Board took'the following actions Motion by Supervisor Schwan? seconded by Councilman Powers, RESOLVED, that $1,000 be transferred from the Part Town Contingency Fund (B1990.4) to the Planning Board Contractual Expenses Abcbunt (B8020.4> to cover expenses of the remaining 1973 budget year. Unanimously carried. Supervisor Schwan reported that the Town of Ithaca is temporarily footing the bill for Bolton Point in order to keep the engineering work in progress. A contractual agreement has been agreed upon be tween the four municipalities and has been sent to the attorneys in New York and the Department of Audit and Control. It would appear that within a month a contractual agreement will be adopted which is the final step toward getting the Bolton Point project under way. In the meantime the Town of Ithaca has a bill from International Drilling in the amount of $8,936.60 (Lozier bill) for drilling in the lake on the shore at Bolton Point to determine where the rock is. The Board took the following action: Motion by Supervisor Schwany seconded by Councilman McElwee, RESOLVED, that $10,000 be transferred from the General Fund Town-Wide Surplus fund Account No. A2810 to Research-Bolton Point Account No. A8030.0. Unanimously carried. Discussion followed suggesting that the other municipalities involved in the Bolton Point project might wish to pay some of the interim ex penses since the Town of Ithaca was losing interest on Certificates of Deposit and the Town of Ithaca might eventually bill the other munici palities for their proportionate share of the expenses plus interest. It was suggested that the other municipalities might wish to pay their share now and avoid the possible interest charges. The Supervisor saic he would take this up with the other municipalities. ss - 2 - September 10/ 1973 LIGHTING PLEASANT GROVE ROAD Supewisor Schwan read a letter dated AUgust 14, 1973 from Maurice Harris, Cornell University Department ofiBuildings and Properties requesting the Town of Ithaca to contract with the New York State Electric & Gas Corporation for the installation of three 7,000 lumen lights on Pleasant Grbve $6ad, the existing poles to be used for mounting the lights» Mr® 'Harris in his lettsr said the Town should bill Cornell University, Attention of Sui>erihterident of Utilities, Department of Buildings arid Properties, Sxlhually for the full amount of the yearly cost, not to exceed $135 pkr year total for the three lightso f Motion by Supervisor Schwan? seconded by Coiihcilman McElwee, RESOLVED, that the New York State Electric $ Gas Corporation be authorized to install three 7,000 lumen lights on Pleasant Grove Road at an annual cost of $135o00 annually fOf.the three lights, the Town of Ithaca to bill Cornell University iot the same annuhlly. Unanimously carried. REPORTS OF TOWN OFFICIALS Barbya Holcomb, ChairrtiihL Planning Board. Inquired as to the status of the approval of (tO be known as Sesame Street) which Mr. tothony Leonafdo hoped cbuld be approved at this meeting. The Supervisor said no deed or deSOriptiOn had yet been furnished to the Town. Superintendent of Highways, Marion Morey, reported that Mr. Leonardo had the base gravel in but the road has not yet been satisfactorily completed. There was a suggestion that an approval might be given to Mr. Leonardo subject to approval of the deed and [ description by the Town Attorney. Mrs, Holcomb pointed out that the Zoning Officer could not issue a building peinnit until the road had been approved. Under the circiamstances the Board could not take action at this time. This matter was tabled until a special meeting on October 3, 1973 by which time it was expected the requirements fbr> approval might be satisfied. I-lrs. Holcomb reported that the Planning Board is still work ing on the proposed new Zoning Ordinance, that it has been gone over word for word and it is only a matter now of clearing up a few areas where questions still exist. When that is done there will be a joint meeting of the Planning Board and the Town Board for a final review before the proposed ordinance is turned over to the Town Attorney for setting into the final legal language. Marion Mory, Superytendent of Highways. Reported that the Town's present cinder spreader is 11 years old and in bad condition. He did not think the Highway Department could get through the coming winter with it. He requested authority to prepare specifioations and advertise for bids on a new cinder spreader. Motion by Supervisor Schwan; seconded by Councilman Powers, RESOLVED, that the Superintendent of Highways be authyized to pre pare specifications and advertise for bids on a new cinder spreader. Unanimously carried. Kenneth Kroohs, Town Engineer-Planner. Reported that Beacon Hills is now doing preliminary grading and within a week their con struction schedule will be available. Councilman Powers suggested that Beacon Hills work on one side of the road only rather than rip up both sides. Mr. Kroohs said Beacon Hills were yly temporarily working on both sides of the road while dirt is being moved from one side to the other. Councilman Powers said he was concerned that traffic should be well-controlled there so that mud and dirt are kept off of King Road as much as possible. Mr. Kroohs said he would keep a close watch on this. u - 3 - September 10, 1973 Mr• Kroohs noted that complaints are being received from the residents of Burle-igh Drive about people speeding through the area. Supervisor Schwan said the Tovm has submitted a request to the Depart ment of Transportation for an area speed limit in the area bounded by the Tovm of Lansing Line and the Village of Cayuga Heights line and between Hanshaw Road and Warren Road. The Supervisor noted that the Planning Board had been asked to take a look at the Schoenfeld sub- I division and Burleigh Drive and make a recommendation to the Tbwn Board. The Supervisor suggested the possibility of making Burleigh Drive a dead-end street. PUBLIC HEARING - AMENDMENT TO ZONING ORDINANCE - USE REGULATIONS IN R-9, R-15, and R-30 DISTRICTS Proof of posting and publication hAvihg been presented, the Supervisor opened the public hearing at 5s30 p.m. He read the Clerk's affidavit indicating posting and publication on August 30, 1973. Among other difficulties, the Supervisor noted that the present ordi nance does not define a "basement" (kefErring here to the use of the word "basement" in paragraph 2 of the Use Regulations in R-9, R-15, ^d R-30 Residence Districts). Does a "bas^ent" becon^ a living adrea if refined or refinished to make it suitable for living quarters? The Supervisor said there is some confusion as to the intent of the present Zoning Ordinance. Mrs. Holcomb, Chairman, Planning Board, said the intent of the new Zoning Ordinance is to go back to what they thought was the intent of the present Zoning Ordinance, which intent is obscure in the wording .that the second dwelling unit shall not exceed half the size of the floor area. \ ^ Mrs. Holcomb read the resolution of the Planning Board recommending a ; change in the wording of the Use Regulations, psoragraph 2, as follows: - "A two-family dwelling, provided that the second dwelling unit shall not exceed 50% of the floor area of the primary dwelling unit." She said this proposed change is a great deal more workable than the word ing in the present Zoning Ordinance. Councilman Del Rosso asked: If the primary dwelling unit were 1,000 square feet, could the second dwelling or apartment then be only 500 square feet? The Supervisor said he understood this to be the case. Councilman Del Rosso followed up with this question; Suppose you have a one-family house initially, total area of 2,000 square feet, can you put in an apartment 1,000 square feet in area? Mrs. Holcomb said this could hot be done because the primary unit is then reduced to 1,000- feet, and the apartment, of course, is then more than 50% of the pri mary dwelling unit. Councilman Powers said he did not particularly like the proposed wording but that it is better than what we have. Mrs. Holcomb said the Plcuming Board felt the proposed wording change would be useful during the interim period between now and the adoption of the new Zoning Ordinance. It would give the Town some experience . with it and an opportunity to determine whether the Zoning Officer has any difficulty with it. Councilman Powers felt the proposed change in wording would be particularly easy to circisnvent. ^ There was discussion as to what exactly the "primary unit" was. Is it where the owner lives? Or is it the larger portion? The Board seemed to lean toward the idea it is the larger portion. There was — also some discussion of what exactly is meant by "living area". Does it include garage space, fumiace rooms, storage space? The general feeling seemed to be that "living area" does not include garages, fur nace rooms, storage space, and the like. Mrs. Holcomb said one of the things still under consideration was whether, if there is to be a sec ond unit in a house, the new ordinance should require more than 15,000 square feet for the lot. Attorney Buyoucos suggested the possibility of saying there shall be no second unit in R-9, R-15, and R-30 Residenc( Districts. Supervisor Schwan said this raised certain economic diffi culties. He cited that many residents in the Village of Cayuga Heights n - 4 - September 10, 1973 can only afford to live there because they have an apartment in the house. Councilman Powers suggested, further, that this might be a form of discrimination against people who might wish to build between now and the time when there is a naw ordinance. Supervisor Schwah read once again the proposed new wording and asked ^ the Board what action it wished to take. There appeared to be a j j general feeling that the proposed wording, although an improvement, was ambiguous in many respects and still left a considerable number of unanswered questions. The Towii Attorney strongly recommended that the Board should not adopt this change since it was not specific enough, required clarification, and that he could not at this time vouch for its legality. He felt more specific language could be worked out. The Board tabled the proposed amendment to give the Town Attorney an opportunity to work out more specific language and put this decision into the form of the fbllowing resolution: Motion by Supervisor Schwan; seconded by Councilman Powers, RESOLVED, that the TOWn fioard table the proposed amendment to the Zoning Ordinance of the Town o£ Ithaca With respect to revising para graph 2, Section 4, Article III? paragraph 2, Section 11, Article IV? and paragraph 2, Section 18, Article V of the Zoning Ordinance Use Regulations to read: "A two-family dwelling, provided that the second dwelling unit shall not exceed 50% of the floor area" in order to give the TOWn Attbrney an opportunity to re-word the paragraph to make it more specific. Unanimously carried PUBLIC HEARING - REZONING CERTAIN ^ PARCELS OF LAND ON THE DANBY ROAD Proof of posting and publication having been presented, the Supervisor opened the hearing with respect to re-zoning certain lands along the Danby Road (tax parcels 36-1-20, 36-2-2, and 36-2-10) from R-30 to R-15. Supervisor Schwan read the recommendation from the Town Planning Board at its meeting of August 14, 1973 as follows: "RESOLVED, that the Planning Board of the Town of Ithaca recommend and hereby does recom mend to the Town Board of the Town of Ithaca that the lands along the Danby Road in tax parcels 36-1-20, 36-2-2, and 36-2-10 be re-zoned from R-30 to R-15, unless the Tompkins County Health Department shall determine that a lot larger than 15,000 square feet is required." Town Attorney Buyoucos suggested deleting the phrase . . "unless the Tompkins County Health Department shall determine that a lot larger than 15,000 square feet is required." Mr. Buyoucos said it is the Town Board which determines what the lot size is going to be so far as the Zoning Ordinance is concerned. It was agreed to delete the requirement of approval of the Health Department with respect to lot size, but withhold a building permit where there is neither municipal water service nor municipal sewer service available unless the approv al of the Tompkins County Health Department is presented to the Town official authorized to issue building permits. Supervisor Schwan called for any further comment from the Board or the public. No other persons wishing to be heard the following action was taken: Motion by Supervisor Schwan? seconded by Councilman McElwee, RESOLVED, that lands along the Danby Road in tax parcels 36-1-20, 36-2-2, and 36-2-10 be rezoned from R-30 to R-15? that if neither municipal water service nor municipal sewer service is available for connection to any lot in the re-zoned area, no building permit will be issued unless the approval of the Tompkins County Health Department is first presented to the Town official authorized to issue such permit which shall state or show, to the reasonable satisfaction of sucb official, the location and the type cmd specifications of the per mitted private water and sewer facilities. S'S' - 5 - September 10, 1973 This amendment to the Zoning Ordinance of the Town of Ithaca shall take effect ten days after the publication thereof, but such ordinance shall also take effect from the date of its service as against a per son served personally with a copy thereof certified by the Town Clerk under the corporate seal of the Town and showing the date of its pas sage and entry in the minutes. "^1 Unanimously ccurried. _ REVOLVING BEACON ON I.O.O.F. TOWER Assistant Zoning Officer, Reynolds Metz, reported to the Board that there is a revolving red beacon on the Tower of the Independent Order of Oddfellows building, a violation of the Town of Ithaca Sign Law. I4r, Metz and Mr. Cowan indicated some hesitation in proceeding against the violation since the beacon is.a "memorial" beacon. They were in structed by the Board, in the interests of consistency and fairness to other organizations, and since this is a private organization, to pro ceed to inform the I.O.O.F. that they are in violation of the Town of Ithaca Sign Law.'^ CODDINGTON ROAD COfMUNlTY CENTEB REQUEST FOR FINANCIAL ASSISTANCE The Supervisor read a request from the Coddington Road Community Center for financial help in installing a biackto]6ped surface for recreational use. The request was for about $2,000 for a 90 x 50 foot blacktopped surface which would be used for basketball court-tennis court area and flooded for ice skating in the winter. In view of the fact that the Coddington Road Community Center is a ^ private membership corporation, the Board felt it might not be within • the Town's jurisdiction to provide such blacktopping. The request was, therefore, denied. Supervisor Schwan suggested the possibility that the Center might receive funds from the United Fund on the basis of a "one-tme" appropriation to defray the cost of the basketball-tennis court-ice skating rink blacktopping, if they made a request. APPROVAL OF WARRANTS Motion by Supervisor Schwan? seconded by Councilman Del Rosso, RESOLVED, that the Warrants dated September 10, 1973, with the excep tion of Voucher No. 182, be approved for payment, as follows: General Fund .......$ 20,586.89 Highway Fund 10,617,69 Water and Sewer Fund . . . 10,194,47 .Unanimously .carried. ADJOURNMENT The meeting was adjourned until October 3, 1973. f/ - -T X -Cc^ Edward L. Bergen Towh Clerk