HomeMy WebLinkAboutPB Minutes 1980-03-18 TOWN OF ITHACA PLANNING BOARD
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TUESDAY , MARCH 18 , 1980
. The Town of Ithaca Planning Board met in regular session on Tuesday ,
March 18 , 1980 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca ,
New York , at 7 : 30 p . m .
PRESENT : Chairman Henry Aron , Vice - Chairman Montgomery May , Barbara
Schultz , Edward Mazza , Bernard Stanton , James Baker , Lewis Cartee ( Building
Inspector ) , Barbara Restaino ( Planner ) , Attorney Peter Grossman ( Buyoucos
and Barney ) .
ABSENT and EXCUSED : Liese Bronfenbr. enner , Carolyn Grigorov ,
ALSO PRESENT : Town Councilwoman Shirley Raffensperger , Town Councilman
Marc Cramer , County Representative Gust Freeman , Bruce D . Wilson , Esq . ,
v John VanOrder , John VanOrder , Jr . , Julia VanOrder , Lorenzo Roscioli ,
Elizabeth Roscioli , Roberta H . Chiesa , Tony Chiesa , R . L . Kenerson , Kim K .
Whetzel , Robert Lynch ( WTKO ) , Chris Fickes ( WTKO ) , Eve Raimon ( WHCU ) ,
Dan Geller ( WVBR ) , Pete Millett ( WVBR ) , James P . Savitt ( WVBR ) .
Chairman Aron declared the meeting duly opened at 7 : 35 p . m .
ADJOURNED PUBLIC HEARING : ( Adjourned from February 19 , 1980 ) CONSIDERATION
OF REQUEST OF CORNELL RADIO GUILD , INC . d / b / a WVBR , FOR INSTALLATION OF
RADIO BROADCASTING ANTENNA TRANSMITTING TOWER , 245 BUNDY ROAD , TOWN OF
ITHACA TAX PARCEL NO . 6 - 27 - 1 - 7 .
Chairman Aron declared the Adjourned Public Hearing ( from February 19 ,
1980 ) in the above - noted matter duly opened at 7 : 35 p . m . Mr . Aron briefly
described the background to the matter before the Board for those persons
who were not present at the February 19th public hearing . Mr . Aron asked
those persons for or against this matter to speak .
Mr . John VanOrder , 238 Bundy Road , stated that this area is zoned for
residential .and agriculture only and asked how the Board goes about doing
this . Mr . Aron replied that after the Board has gone over the matter , that
point will be addressed .
Mr . VanOrder stated that he wished to go on record as against this
tower .
Mr . Mazza stated that what the radio station is requesting is being
a public utility under the zoning ordinance which would not be a prohibited
use under the ordinance . He stated that this determination is our. decision .
Mrs . Elizabeth Roscioli , 152 Bundy Road , stated that - many people here
present were not present at the last meeting and she requested that time be
reserved to ask questions after they hear from WVBR .
Mr . Aron asked how many people here were not here before . Several
people raised their hands . Mr . Aron stated that Attorney Bruce Wilson was
present representing WVBR as their agent . He stated to those who were not
present at the la. st meeting that WVBR would like to build a radio station
tower at 245 Bundy Road , Tax Parcel No . 6 - 27 - 1 - 7 . He stated that the tower
is proposed to be 283 feet high including lights and situated on a 500 ' by
500 ' parcel .
Mrs . Julia VanOrder , 250 Bundy Road , asked how this is going to affect
station WTKO because that is what she depends on the most .
Planning Board - 2 - March 18 , 1980
` Mr . James P . Savitt , President of WVBR , stated that it will not affect
her radio at all , and added that he thought that Mr . Lynch of WTKO would
agree with that . Mr . Savitt continued and stated that it will not overpower
it , it being a totally different band , totally different waves ; there will
be no effect at all .
Mr . VanOrder asked about FM 94 , Rochester , Mr . Savitt stated that there
would be no effect on FM 94 ; no effect on other stations ; no effect on TV .
Mr . Aron , referring to the Minutes of the February 19th meeting , asked
Mr . Wilson if they are intending to ask this Board to declar WVBR a public
utility .
Mr . Wilson agreed , stating that that is their position . Mr . Aron
commented that that would be need to be done in order for the radio tower
to be placed in an agricultural or residential zone .
Mr . Aron stated that he has taken great pains to look through all the
• documents and information that has been sent to the Planning Board and all
of the members of the Planning Board have done the same . Mr . Aron stated
that he has contacted the Town Attorney , Mr . Buyoucos , and members of the
Planning Board have done the same thing , for his opinion as to a public
utility , as to whether or not this Board can declare this as a public
utility . Mr . Aron stated that the Town Attorney is working very hard on
this request as to whether it is a public utility or could be declared as a
public utility . Mr . Aron stated that his opinion is not in the Board ' s
hands as yet . Mr . Aron stated that he feels , personally , that he cannot
determine it to tie a public utility without the opinion of the Town Attorney ,
. therefore , he would recommend to this Board here that we adjourn further
this public hearing until the Board has in its hands the opinion of the Town
Attorney so that the Board has something concrete to work with . Mr . Aron
stated that as soon as the Board has that opinion there will be notification
and a continuation of the hearing . Mr . Aron asked for any comments or
statements from the Board to add to this or subtract from it .
Mr . Mazza stated that WVBR has placed some time limit on this for . the
option to run out - June 30 , 1980 , Mr . Mazza stated that if the Board keeps
on adjourning this , it might cause them financial harm . Mr . Mazza stated
that he thought the Board should decide it one way or another .
Mr . Aron stated that as he has said before , the Town Attorney is working
very strenuously on this ; he has all the documents with him ; he is very well
known to all of us , and , he ( Aron ) cannot proceed further . Mr . Aron stated
that , with respect to all and to what Mr . Mazza has said , he feels , rather ,
that it is . much better and for the benefit of all concerned - - the public as
well as WVBR . - - if we have the opinion of the Town Attorney in our hands .
Mr . Wilson stated that he was wondering if it would be appropriate for
the Planning Board to take action contingent upon the Town Attorney ' s
opinion . Mr . Wilson noted also that the question before the Board is as to
impact on the environment .
Mr . Aron thanked Mr . Wilson and stated that he would rather wait for
the Town Attorney ' s opinion before proceeding so that WVBR might not think
that the Board is in favor followed by advice . from the __ Town : Attorney .
Mr . May , referring to page 15 of the February 19th Minutes , stated that
there were several questions that have not been answered .
Mr . Aron ran through those questions , as follows :
Planning Board - 3 - March 18 , 1980
1 . Did you receive any clarification from the FCC ? Mr . Savitt stated
that they have not heard yet from the FCC .
2 . Did you receive any word from the FAA ? Mr . Savitt stated that the
FAA has approved their application . Mr . Aron asked about flight patterns .
Mr . Savitt stated that the FAA has told WVBR that no patterns will be
altered and also that the tower presents no danger to any air craft in the
area . Mr . Aron asked if this were in writing . Mr . Savit stated that it is .
Mr . Aron asked if Mr . Savitt could document this to the Board . Mr . Savitt
said he could , and presented a copy of FAA Form 7460 - 1 ( 1 - 78 ) , signed by
the Reviewing Officer , Hennessy , and dated 3 / 5 / 80 .
Mr . May rioted that on the Form it is stated that the nearest runway
is the Tompkins County Airport . Mr . Savitt indicated that the FCC refers
to Grund and Sundowns as " landing areas " and the FAA refers to airports .
3 . The relation of this tower to existing authorities , for example ,
planes ? Mr . Aron. indicated that this is pretty much a repeat of # 1 and # 2 .
4 . What are the requirements for a tower in specific areas such as :
area , spaces , lighting , height , many other areas ? Mr . Savitt answered in
terms of the applications and discussions at the previous meeting . Mr .
Savitt also noted that the lighting involved is two dull red lights on the
tower , one at the top and one half -way up , not bright , with the one at the
top blinking every second and a half .
5 . A walk of the site by members of the Planning Board . Mr . Mazza
stated that the terrain is fairly flat with little slope to it . He said the
. land is bordered on at least two sides by hedgerows and trees . He stated
that it appears that when there are leaves on the trees it would not be an
eyesore to the public . Mr . Mazza noted that they had to walk to the site .
He stated that there is nothing unusual about the terrain . Mr . Mazza said
that he is a little concerned about the height of the tower in that if it
were to tip over , the diagram shows that it might fall off the property .
Mr . Mazza stated that he thought that the land to the east of the proposed
parcel is not owned by Mr . Carpenter and asked Mr . Savitt if that were
correct . Mr . Savitt agreed , Mr . Hopkins is the owner . Mr . Mazza continued
and stated that if it were to fall , which is probably unlikely , it could
land on someone else ' s property .
Mrs . Schultz , who also walked this land , stated that she would
concur pretty much with Mr . Mazza ' s summary .
6 . Identifying what is up there . It was noted that Mr . Mazza had
covered this .
7 . and 8 . The guying for a 500 ' x 500 ' parcel ; the guying for all four
corners - - does it cover 100% of the property ? Mr . Aron drew up a sketch
to indicate what has been proposed . He commented that the guying would run
about 250 ' out since the tower is about two feet in diameter . He stated that
it would appear that the whole area , 500 ' x 500 ' , would be used using the
guy wires and all of the parcel would be occupied .
Mr . Wilson stated that he was not sure what Mr . Aron meant by " occupation "
and pointed out that there is nothing there other than the stake itself .
Mr . Stanton also felt that coverage depends on what is meant by occupa -
tion .
Mr . Aron asked. what the estimated life is of a steel . structure erected
such as this .
Planning Board - 4 - March 18 , 1980
Mr . Savitt replied that the estimated life is probably 30 to 40 years .
Mr . Savitt also stated that the guy wires can be pulled .'- in -'- if . - necessary ,
• Mr . Aron stated that he was going by the map presented by WVBR with the
application , adding that they would have to be responsible for its standing
up there , rather than its coming down .
Mr . Aron noted that Mr . Mazza had mentioned the unlikely possibility of
the structure falling , noting that he agreed that its falling straight over
was unlikely , and adding that there is also the possibility of metal fatigue
and its collapse at a certain point on it . Mr . Savitt said that such a thing
is possible . Mr . Aron asked if WVBR had made any physical engineering data
collection as to its metal fatigue and when it would occur and when it could
occur . Mr . Savitt replied that WVBR does not build the tower ; it .. is built
by certain companies and they have that data . Mr . Aron wondered what happens
then . Mr . Savitt said it would be dismantled . Mr . Aron wondered what
happens after , say , ten years , it is no longer feasible for you to be on this
i site - - what happens to the tower . Mr . Savitt stated that WVBR will need a
tower and would either move it to a new site or take it down .
Mr . Aron stated that Mrs . Grigorov of the Planning Board had also walked
this site and has provided the Board with her report dated March 12 , 1980 )
as follows :
" IF a radio tower can be put anywhere in the town , the proposed site
looks like a possibility .
Out Bundy Rd , some distance past the group of houses , ( exactly how far
should be ascertained ) , opposite a single farm house on the right is an
• empty field on the left . The access road would cross this field , and the
tower would be far from the road in the next field . On the other side going
toward Rt79 are more fields . No buildings are anywhere near , and no trees
would have to be destroyed . Although it would certainly be visible from the
road , it would probably create as little visual disturbance there as anywhere .
Whether or not WVBR is a public utility is another matter . So is the
question of whether . present flight patterns would be changed by the tower ,
causing problems for nearby residents .
It would be interesting to know what the life expectancy of a radio tower
is . Might the land become available for development 20 years from now if it ' s
needed ? "
Mr . Aron noted that Mr . Savitt has answered some of the things as to
flight patterns . Mr . Aron noted that question # 8 , above , was guying coverage
and it has been answered " not necessarily " . Mr . Savitt concurred .
Mr . Aron asked if WVBR will comply with safety standards in order to hold
the tower up . Mr . Savitt agreed . Mr . Aron asked how far the guys have to go
out in order to make it safe . Mr . Savitt said that the minimum would have to
be one hundred feet from the tower and would probably require the tower to
be heavier .
Mr . Stanton pointed out that WVBR is not proposing that but Mr . Savitt
is saying that is what the minimum could be .
Referring back to the list of questions from the February 19th meeting ,
Mr . Aron noted that # 9 refers to the requirements of the zoning ordinance .
Mr . Aron stated that there are no requirements under the ordinance at this
time and added that if it is not a public utility , then it is a like a
special permit situation and the Planning Board cannot rule on it .
Planning Board - 5 - March 18 , 1980
# 10 - - reference to tower falling . Mr . Aron stated that this has been
spoken to in re =Life expectancy , crumbling , guying , etc .
Referring back to the matter of zoning ordinance requirements , Mr . Aron
stated that if the tower is ruled a non - public utility , the building permit
would be denied and there could be an appeal . to the Zoning Board .
Mr . Stanton asked how soon the Town Attorney could respond . Mr . Aron
stated that he had talked to Mr . Buyoucos on this today at noon and it was
his feeling that an opinion from Mr . Buyoucos could be in the hands of the
Board by the next: meeting . Mr . Aron noted that Mr . Peter Grossman , from the
office of Buyoucos and Barney , was present . Mr . Grossman stated that he has
spoken with Mr . Eluyoucos and was studying the matter presently and it was
his feeling that an opinion could be presented to the Board before the next
meeting - - April 1 , 1980 .
{ Mr . Aron asked if there were any further questions . The question was
asked if the matter is all up to Mr . Buyoucos . Mrs . Schultz responded that
the Town Attorney has to tell the Board whether it has the right to declare
the proposition a, public utility and then the Board considers the appropriate -
ness .
Ms . Susan Updike , speaking on behalf of her grandmother , Charlotte Van
Order , stated that if the people on the road do not want this tower and the
Board votes for it , and asked , do the people still have to have it rammed
down their throats . Mr . Aron stated that he would not put it that strongly .
He stated that this Board will listen to the residents ' concerns and is not
here to ram anything down anyone ' s throat . Ms . Updike stated that the
• majority of the people that live up there do not want it . Mr . Aron asked
if Ms . Updike were an agent for all the people on the road . Ms . Updike said
that she was not . Mr . Aron expressed the hope then that they would be at
the next meeting . Mr . Aron stated that he would like to assure everyone
that this Board is listening to all of those concerned , that is the residents ,
the applicant , and then will make their judgment accordingly .
Mrs . Roscioli stated that she appreciated Mr . Aron saying that the Board
is listening to all of the residents . Mrs . Roscioli stated that she had
never received any notice of these meetings from the Town , the only thing
she got being a letter from WTKO telling the people what was going on and
that is all that all the residents of the area received . Mrs . Roscioli
pointed out that they live up there and the Board is voting to change their
zoning laws .
Mr . Aron stated , as to notification , the official newspaper is the
Ithaca Journal and under the Public Notices in the legal section matters
that come before this Board for public hearing are published . Mr . , Anon :_
suggested that. time should - be . . taken . to _ .. look __ at . these public notices . Mr .
May pointed out that the Agenda and public notices are also posted in Town
Hall and sent to -the media . A lengthy discussion followed on this matter
with Mrs . Roscioli expressing concern for those who do not receive the
newspaper , do not read the legal section , do not visit Town Hall and do not
hear the item . on -the radio . Mr . Aron stated that by law the Town publishes
such hearings in -the official newspaper and as a courtesy notifies neighbors
in matters of zoning changes . Mr . Aron explained the expenses involved in
notifying everyone by personal mail of every meeting . Mrs . Roscioli sugges -
ted that the News -Letter that they receive from time to time could notify
people of this type of thing . Mrs . Roscioli stated that the residents
cannot notify everybody . She commented that if the letter had not come from
WTKO , no one would know this was happening . Mr . May stated that there were a
number of people here at the last meeting . Mr . Aron stated that Mr . DelRosso
Planning Board - 6 - March 18 , 1980
was present also and is the Councilman from the West Hill area .
Mrs . Chiesa asked about the tax status of this parcel if WVBR does build
on a piece of it . She said because it is owned by Cornell University does
it become tax exempt . Mr . Savitt indicated that it is not owned by Cornell .
Mr . Aron asked Mr . Wilson if this would be a tax exempt property . Mr . Wilson
stated that this is , first of all , not Cornell , this is WVBR , and that area
of land would be tax exempt . The question was asked if WVBR sells adverti -
sing . Mr . Wilson said , :.- yes ,. there is advertising . Mrs . Chiesa stated that
she did not believe that they are really tax exempt .
Mr . Aron stated to Mr . Savitt that WVBR is a type of business . Mr .
Savitt pointed out that no one makes any money ; no one gets paid , except for
the secretary ; the advertising if to pay for expenses .
Mr . Gust Freeman , 258 Bundy Road , stated that he thought that two people
have said that that area may be opened in the future for development . Mr .
Freeman asked if this 280 ' tower lends itself to development . Mr . Freeman
asked if the Board members had researched this as to what effects it would
have on land values in the neighborhood . He stated that these are very
important questions . Mr . Aron stated that Mr . Freeman ' s answer is partly
in Mrs . Grigorov ' s letter and added that there are members of this Board who
also think about all these things .
Mr . Stanton wished to make a comment and stated that it seems to him
that one of the concerns that is larger is the single question and one of
the bigger issues , that being , do we have to have these facilities in the
Town , not only radio towers but others such as solid waste disposal . He
noted that there was an issue about WTKO and it was decided not to locate
WTKO in the Town . He stated also that this area is agricultural and resi -
dential and so the question is where ,, in - fact , we want to keep some agricul -
tural and residential land or where we do not - - if the long term is
residential it has to be kept , and that is a different question .
Mr . Freeman stated that the land under discussion is in an Agricultural
District and commented that there is something in the Ag District law about
public utilities . Mr . Stanton stated that as a matter of information that
is an issue also .
Mr . Freeman asked if this meeting were adjourned , will the neighborhood
residents be able to speak . Mr . Aron replied that they absolutely will ,
adding that the Planning Board meetings are not closed meetings and that Mr .
Freeman should know that .
Mr . Mazza stated that there would be no further notice ; this meeting
would serve as notice , suggesting that the residents might want to inform
the _ area neighbors .
No .- further discussion followed .
MOTION by Mr . Henry Aron , seconded by Mr . James Baker :
RESOLVED , that this Public Hearing in the matter of consideration of the
request of Cornell Radio Guild , Inc . d / b / a WVBR , for installation of radio
broadcasting antenna transmitting tower , 245 Bundy Road , Town of Ithaca
Tax Parcel No . 6 - 27 - 1 - 7 , as adjourned from February 19 , 1980 , be and hereby
is further adjourned to April 1 , 1980 , at 7 : 30 p . m . because said Planning
Board is discussing with the Town Attorney whether such Board has any
jurisdiction in this matter and on what basis it is .
There being no further discussion , the Chair called for a vote .
Planning Board - 7 - March 18 , 1980
Aye - Aron , May , Schultz , Stanton , Baker .
Nay - Mazza .
The MOTION was declared to be carried .
REPORT OF COUNTY PLANNING BOARD CHAIRPERSON , TOWN COUNCILWOMAN SHIRLEY
RAFFENSPERGER .
Mrs . Raffensperger stated that generally in the last couple of months
the County Planning Board has primarily been involved with the 1980 Census .
She stated that the pre - census review was cancelled ; the post - census review
has been modified to the point where she questions its usefulness to the
Town . Mrs . RaffE! nsperger pointed out that counts will be by enumeration
districts , not blocks , and that there will be new and revised counts .
Mr . May asked. if the :- April lst date is still good for mailing . Mrs .
Raffensperger stated that it is March 28th . Mrs . Raffensperger noted that
the Town newsletter should be out next week and contains a fair amount about
the Census and is encouraging people in the Town to report . She commented
that it has been estimated in the past that the Town of Ithaca has the
greatest = . number not counted .
Mr . Aron commented that illegal aliens may be counted , but not counted
as illegal .
Mrs . Raffensperger stated that there will be local groups assisting
people with the forms which require a fair level of literacy . She noted
that the League of Women Voters is assisting , among others .
Mrs . Raffensperger concluded that the County Planning Board is serving
• as the Complete Count Committee and again stressed the importance of a
" good " count .
Moving on to planning issues that have been discussed , Mrs . Raffensperger
indicated that thare is movement probably to some kind of public transporta -
tion County - wide .
Mrs . Raffensperger touched upon the Warren Road improvement and the
expansion of the Research Park on Warren Road as probably going to impact the
Town of Ithaca more than other places . She stated that that Town is keeping
on top of that .
Mrs . Raffensperger informed the Board about a Conference she recently
attended at Cornell for planners and extension people , called a Conference
on Social Trends and Outlook . She commented that it was very interesting
and she would like to share some of it with the Planning Board since it
was very helpful to her in sorting out some questions she has had over the
years . She stated that this Conference was different in that they did not
talk so much about metropolitan areas and land use matters pertaining to
such areas , but land use in suburban and rural areas like Tompkins County ,
and therefore , the discussions proved to be very useful .
She stated , for instance , that while planners are always telling us
that we are in a time and area that has a slight growth and a stable popula-
tion , there ARE pressures on the Town Planning Board for growth , for develop -
ment . She stated that what was said was that there are OTHER trends that are
influencing this area and the Town of Ithaca . Mrs . Raffensperger stated that
the facts and figures are certainly interesting . - - the population is dis -
persing - - the number per acre is decreasing - - there appears to be a peak
in the young adult: population who will be establishing households .
In seven years the number has decreased from 3 . 1 per household to
2 . 8 per household . We have had a population growth of 9 / 10 of
Planning Board - 8 - March 18 , 1980
a per cent per year , but a growth in households of 2 . 2 % - - cer. tainly an
interesting point .
. Mrs . Raffensperger stated that there was also a lot of talk about
energy and its effect on planners . She stated that it appears that Tompkins
County and the Town of Ithaca will be more severely impacted by the high cost
of energy than the average community because of the number of commuters .
She pointed out that people live on the fringes of the central City area
and have the farthest commuting costs , and so the pressure for more household
growth in the Town is there . She said that Tompkins County and the Town of
Ithaca are going to feel the energy crunch more than a lot of others . Mrs .
Raffensperger said she found it interesting to learn that New York State is
2nd highest in the country in average energy costs per household , and , is
2nd highest in the country in percentage of income spent on energy .
Mrs . Raffensperger pointed out that the Federal and State governments
are not inclined to worry about us , i : e . , areas such as Tompkins County and
the Town of Ithaca , since it is considered that wages are good , among other.
things . She said that we will . . have ... to worry about ourselves - - we must find
our own solutions . Mrs . Raffensperger commented that the Federal and State
governments tend to give money on the basis of gross numbers - - they do not
consider the percentage of people in a community impacted by a little money ,
for example , a little money , in proportion , might affect 50% of the popula -
tion - - and that leaves us to our own devices .
Mr . Aron stated that it seemed to him that the State of New York is
working towards the setting up of homes so that solar energy can be taken
into most of its houses . He said that there will probably be a directive in
the near future indicating that planning boards will have to be very much
aware as to where houses are located and can they / picked up by solar energy .
be
Mr . May stated that he had recently read an article indicating that solar
rights are being considered .
Mrs . Raffensperger now moved on to her report as Town Representative on
the Sewer System :Evaluation Planning Committee , noting that as a Planning
Board , the members may be interested in what has happened in planning for
the expansion of -the present . City of Ithaca sewer treatment plant .
Mrs . Raffensperger noted that ' in 1975 the sewage treatment plant was
declared not to be compliance with U . S . E . P . A . and NYS D . E . C . standards .
She stated that the design capacity was for 4MGD , however , the peak flows
are almost double that and so there is some bypass of treatment . She stated
that the City was required to upgrade the treatment plant and to expand the
service area into a larger area than they had previously been responsible
for , including the Town of Ithaca and the Town of Dryden near Varna . Mrs .
Raffensperger stated that in 1977 the City received funds for the Step I
granting process , which is a facilities - plan . She noted that the first
thing they did was infiltration and inflow analyses ; it _ .. should not . be ._. tr. eated
ifitthe . _ plant ., She (.. noted that they . . have proceeded .with that - . and .'. discovered
through the Sewer - .- System Evaluation Study that it is better to go through
the whole system , do some minor repairs , and cut down on the infiltration
and inflow by about 50% . She indicated that what is economically feasible
will be done , the cost factor being the stopping point , completion being 1983 .
Mrs . Raffensperger stated that there has been Public Hearing on the
Facility Plan which is designed to provide the necessary degree of treatment
for flow and loads , the year 2005 being the design year and 1985 being the
building year . Mrs . Raffensperger noted that this will be a Regional
Planning Board - 9 - March 18 , 1980
Treatment Plant and that the effluent discharged from the Plant to the
outfall location in Cayuga Lake will travel some 6 , 200 feet . She noted
that it now goes into the Inlet . Mrs . Raffensperger pointed out the reason
for the outfall location in Cayuga Lake is that there need'._ be . 85%_ _ removal
of bacteria , suspended solids , etc . , whereas into the Inlet there need be
947o- 96 % removal . Obviously , it is much more desirable to have this outfall
into Cayuga Lake . Mrs . Raffensperger stated that there is some difficulty
looming with the precise route of that outfall pipe from where it leaves
the sewer plant and goes overland into Cayuga Lake . She said that when they
do the Environmental Impact Statement that will become clearer . Mrs .
Raffensperger noted that 10 various alternatives have been discussed .
Mrs . Raffensperger commented that there does not seem to be much possi -
bility of anything innovative , noting that the economics of the matter are
essentially the basis .
Mrs . Raffensperger pointed out that the most economical approach involves
$ 28 , 000 , 000 . 00 , and of that $ 28 , 000 , 000 . 00 , 87 . 5% is funded by the State and
Federal governments , leaving 3 . 5 million dollars as the local share . She
noted that Operations and Maintenance is $ 500 , 000 with $ 375 , 000 being the
local share ( 25% eligible costs ) . Mrs . Raffensperger commented that 0 & M
presently is $ 185 , 000 . Mrs . Raffensperger pointed out that this is not
going to be an inexpensive project . She stated that it is going to be
very important to the Town . Mrs . Raffensperger stated that 1978 figures
show 28 , 000 sewered locations in the City of Ithaca and 8 , 900 in the Town of
Ithaca ( about 49%, of the Town ) ; projected to the year 2005 - - 32 , 900 sewered
in the City and 18 , 000 ( about 63% ) in the Town . She commented that these
projections have been agreed to by EPA . Referring to the 1975 intermediate
• census , from County-, ..Planning , from the Town , from the City , Mrs . Raffensperger
noted the . 1978 City . p6pulation . as . 28 , 000 and the Town 18 , 300 , with projections
for the year 2005 being City 32 , 900 and Town 29 , 000 ,
Mrs . Raffensperger stated that there is no doubt that what growth there
is going to be in re water and sewer will be in the Town of Ithaca . She
pointed out that there are 2 , 500 acres of residential land available in the
City and the Town , over 85% being in the Town . She added that these are
fairly moderate growth per year statistics .
Mrs . Raffensperger noted that the County Planning Board is working on a
housing inventory with comments on multiple housing and where it should be
placed .
Mrs . Raffensperger commented briefly on septage and noted that it may .
be handled in the upgraded sewage treatment plant .
Chairman Aron thanked Mrs . Raffensperger very much for her excellent
report and for her time in presenting matters of such interest to the Plan -
ning Board . The Board members concurred .
APPLICATIONS FOR SIGN PERMIT
1 . 7th Day Adventist Church , Trumansburg Road
Mr . Cartee presented an application for sign permit , dated March 6 ,
1980 , signed by Archie Brown , on behalf of the Ithaca Seventh - day Adventist
Church , for 15 sq . ft . of signage hanging by chains from two treated poles
and a cross - bar on a proposed brick base with flower box on top . The sign
will read " Seventh -Day Adventist Church " and will indicate the Pastor ,
Worship Services , Sabbath School and Mid - Week Services .
Planning Board - 10 - March 18 , 1980
Mr . Cartee stated that the sign is up and is attractive looking and is
within the requi =rements of the sign ordinance .
MOTION by Mr . Montgomery May , seconded by Mr . Bernard Stanton :
RESOLVED , that the Town of Ithaca Planning Board recommend and hereby
does recommend to the Town Board that approval be granted for the sign for
the Seventh - Day Adventist Church , 1219 Trumansburg Road , as shown on applica -
tion dated March 6 , 1980 , and presented this date , March 18 , 1980 , to said
Planning Board .
There being no further discussion , the Chair called for a vote .
Aye - Aron , May , Schultz , Mazza , Stanton , Baker .
Nay - None .
The MOTION was declared to be carried unanimously .
2 . Benson Motors , 1103 Danby Road
Mr . Cartee presented the application for sign permit from Benson
Motors , 1103 Danby Road , on behalf of William and Robert Benson , Owners /
Applicants , dated March 11 , 1980 , signed by William Benson ,
Mr . Cartee pointed out that the photograph indicates the signage pro -
posed - - " Benson Motors " , 10 ' x 3 ' = 30 sq . ft . Mr . Cartee stated that that
is the only sign up and is over the door , is not lit up , and is within the
• requirements of the sign ordinance .
MOTION by Mr . Montgomery May , seconded by Mr . James Baker :
RESOLVED , that the Town of Ithaca Planning Board recommend and hereby
does recommend to the Town Board that approval be granted for the sign for
Benson Motors , 30 sq . ft . over the door , reading " Benson Motors " , located at
1103 Danby Road , as shown on application dated March 11 , 1980 , and presented
this date , March 18 , 1980 , to said Planning Board .
There being no further discussion , the Chair called for a vote .
Aye - Aron , May , Schultz , Mazza , Stanton , Baker .
Nay - None .
The MOTION was declared to be carried unanimously .
3 . What ' s Your Beef ? , East Hill Plaza
Mr . Cartee presented the application for sign permit from What ' s Your
Beef of Ithaca , Inc . , East Hill Plaza , dated February 22 , 1980 , signed by
Jeff Tripp on behalf of Ruth Corlass , Owner . Mr . Cartee stated that this is
a second sign on the building and was put up like Citizens Savings Bank but
not pursued . He noted that it has been there for several years . Mr . Cartee
stated that the sign is next to the door as you go in . Mr . Cartee pointed
out that there is no hanging sign for this service , adding that it is one
• of two services at the Plaza that does not have a hanging sign , the other
one being Citizens Savings Bank . He stated that it is a nice looking sign
and is burned into the wood and painted . He stated that the signage at
What ' s Your Beef ? is within the limits of the sign ordinance .
Mr . Stanton stated that this type of sign is much more attractive to
him than a hanging sign and he added that if we get too picky , we are going
too far .
Planning Board - 11 - March 18 , 1980
Mr . Cartee commented that if we allow hanging signs , for 15 services ,
we have to give a little and take a little on the two without . Mr . Cartee
pointed out that the frontage of What ' s Your Beef ? is about 40 feet .
MOTION by M:r . Montgomery May , seconded by Mr . Edward Mazza :
RESOLVED , that the Town of Ithaca Planning Board recommend and hereby
does recommend to the Town Board that approval be granted for the wall sign
for What ' s Your Beef of Ithaca , Inc . , East Hill Plaza , reading " What ' s Your
Beef " , as shown on application dated February 22 , 1980 , and presented to
said Planning Board this date , March 18 , 1980 .
There being no further discussion , the Chairman called for a vote .
Aye - Aron , May , Schultz , Mazza , Stanton , Baker .
Nay - None .
The MOTION was declared to be carried unanimously .
• SIGN ORDINANCE COMMITTEE REPORT
Mr . May stated that the committee meeting that was to follow that
Planning Board meeting of February 19 , 1980 , was cancelled because of the
snow storm and so the final draft is not ready yet .
Mr . Mazza stated that he would like to ask the Sign Ordinance Committee
something that Bob Williamson mentioned to him in re billboards and our
requiring that these signs be taken down . He stated that firms have been
getting paid to -take them down and some of their signs have been $ 3 - $ 4000 .
He stated that this is part of the Highway Beautification Act as amended by
some other act . . The State of New York has been paying them to take the
signs down . Mr . Mazza asked if this matter has come up in the committee ' s
discussions .
Mr . May replied that it has not and added that the intent was to try
to determine the life of a sign and then take it down and there would not
be a payment .
Mr . Mazza stated that this might be a problem if someone has paid a lot
of money for a billboard .
Mr . Cartee :3ummarized the matter : of billboards in the Town and stated
that , , -, hopefully , he will be pursuing this to the bitter end .
Mr . May suggested that the sign ordinance committee meet on Thursday ,
March 27 , 1980 . This was agreed to by Mrs . Schultz and Mr . Cartee . The
time and place will be verified following discussion with Mrs . Grigorov .
Mr . May stated that the final draft should be ready for the April lst Plan -
ning Board meeting .
STATUS REPORT PLANNING BOARD BY -LAWS
Mr . Mazza stated that he would have to accept responsibility for not
getting that done . He said that there are just a couple of laws he wanted
to research and :hopefully they will be ready for April 1st .
OLD BUSINESS - THERM , INC .
Mrs . Fuller stated that Town Attorney Buyoucos had suggested that the
Planning Board - 12 - March 18 , 1980
Report of Mr . Cartee to the Planning Board , dated February 22 , 1980 , in the
matter of the Planning Board Public Hearing held on February 19 , 1980
regarding consideration of site plan approval for additional building space
on Therm , Inc . lands , Town of Ithaca Tax Parcel No . 6 - 54 - 2 - 1 , be entered
into the official records of the Planning Board . The Board members con -
curred and that Report is hereinafter set forth .
" REPORT : Lewis D . Cartee , Building Inspector
to
Planning Board
February 22 , 1980
. I met with Mr . James V . Buyoucos on February 21 , 1980 , in Town Hall ,
accompanied by Mr . Henry Aron and Mrs . Fuller . I informed Mr . Buyoucos
that I had measured the height of the structure and that no part of the
building was more than twenty - three feet ( 231 ) above the surface of the
ground . Therefore , Mr . Buyoucos said there was no need for any opinion ,
the Ordinance speaks for itself .
• cc - Members , Planning Board
Lawrence P . Fabbroni
Barbara Z . Restaino
Arnold Albrecht , Therm , Inc . "
APPROVAL OF MINUTES
MOTION by Mr . James Baker , seconded by Mr . Edward Mazza :
RESOLVED , that the Town of Ithaca Planning Board Minutes of February
5 , 1980 , be and hereby are approved as written .
There being no further discussion , the Chair called for a vote .
Aye - Aron , May , Schultz , Mazza , Stanton , Baker .
Nay - None .
The MOTION was declared to be carried unanimously .
REPORT OF THE BUILDING INSPECTOR
Mr . Cartee reported that during the month of February 1980 , building
permits were issued for one one - family dwelling , one conversion , one
chimney for wood stove , and one garage , for a total of $ 61 , 760 of improve -
ments , as compared to February of 1979 where one business addition was gran -
ted a building permit in the amount of $ 293 , 505 of improvement .
REPORT OF THE TOWN PLANNER
Mrs . Restaino reported that the final draft of the proposed zoning
ordinance amendments is in the works and the Codes and Ordinances Committee
is going to start working on that and , hopefully , it will get done soon .
Mrs . Restaino reported that aerial photography of the whole Town will
be done this year , the last run being 1976 . She stated that it will be done
very soon now , most likely the beginning of next month .
Mrs . Restaino reported that the Town is negotiating with Cornell about
the Lehigh Valley Railroad right of way .
Mr . Aron asked if the Town Board had acted upon the proposed Town of
Planning Board - 13 - March 18 , 1980
Ithaca SEQR law . Mrs . Restaino reported that the matter was adjourned to
April 7 , 1980 , where the discussion is going to be continued . Mrs . Restaino
noted that she had requested that the forms be adopted at the same time .
ADJOURNMENT
Upon Motion , the Chair declared the March 18 , 1980 , meeting of the
Town of Ithaca Planning Board duly adjourned at 9 : 50 p . m .
Respectfully submitted ,
Nancy M . Fuller ,
Secretary .
TOWN OF ITHACA PLANNING BOARD
TUESDAY , MARCH 18 , 1980
A G E N D A
7 : 30 P . M . ADJOURNED PUBLIC HEARING : Consideration of request of
Cornell Radio Guild , Inc . d / b / a WVBR , for installation of
radio broadcasting antenna transmitting tower , 245 Bundy
Road , Town of Ithaca Tax Parcel No . 6 - 27 - 1 - 7 .
( Adjourned from February 19 , 1980 . )
8 : 00 P . M . Applications for Sign Permit - 7th Day Adventist Church
Trumansburg Road
Benson Motors , 1103 Danby Road
What ' s Your Beef ? , East Hill Plaza
8 : 15 P . M . Report of County Planning Board Chairperson , Town Councilwoman
Shirley Raffensperger
Report of Town Councilwoman Shirley Raffensperger as Town
Representative on the Sewer System Evaluation Planning
Committee
8 : 30 P . M . Final Report Sign Ordinance Committee
8 : 45 P . M . Statu :� Report Planning Board By - Laws
8 : 50 P . M . Old Business - Therm , Inc .
8 : 55 P . M . Routine Business
Approval of Minutes - February 5 , 1980
Report. of Building Inspector
Report: of Town Engineer
Report: of Town Planner
9 : 30 P . M . ADJOURNMENT
Nancy M . Fuller
Secretary
NOTE : IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND ,
PLEASE NOTIFY ME IMMEDIATELY AT 273 - 1747 .
Mrs . Grigorov and Mrs . Bronfenbrenner have reported that they
. will be unable to attend .
A QUORUM ( 5 ) IS NECESSARY TO CONDUCT THE MEETING .
Thank you .
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DO NOT REMOVE CARBONS Forst Approved O.M.B. No. 04-R0001
DEPARTMENT OF TRANSPORTATION FOR FAA USE ONLY 9
FEDERAL AVIATION ADMINISTRATION
NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION AERONAUTICAL STUDY NO,
1 . NATURE OF STRUCTURE � 1
FAA will olther roturn 'this form or F o
A. TYPE B. CLASS C. PROPOSED LENGTH OF issue a separate acknowledgement.
TIME TO COMPLETE J r
® NEW CONSTRUCTION C] PERMANENT ( Months ) A. The proposed structure:
ALTERATION TEMPORARY One ❑ I�ooa not require m notice to PAA.
Vsold not exceed • any2. NAME AND ADDRESS OF INDIVIDUAL , COMPANY, CORPORATION, ETC. PROPOSING f`
standard , of Pert Tf and would
nal .. bbee r '+
THE CONSTRUCTION OR ALTERATION ( \' urnber, Street, City , ~ tate and Zip Code ) a hazard to , air navigation.
1
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r �ho d b ' 'obstruction marked
por FAA Advisory Circular
Cornell Radio Guild , Inc . Chapter(s)
Radio Station WVBR-FM [I Obstruction . marking and lighting are
TOsat necessary. '
227 Linden Avenue
Ithaca. , New York 14850 Requiresarmoucl,ase notice.
Use FAA farm onelosed:
J B . FCC Idwas [] was not advised.
L
REMARKS: --
5. COMPLETE DESCRIPTION OF STRUCTURE ( Include epectire radiated poker of proposed or
modified AAf. FAI w' TV station rend assigned frcgaency : size and configuration of Power
transinission line in vicinity of FAA facilities as (1Pp1;0priat0 .
280 -ft . tall uniform cross-section triangular guyed
radio tower with 3--bay FM broadcast antenna .
Add 3 ft . for lights for total of 283 ft . above
ground . Broadcast i_ acilities : 93 . 5 MHz , 3 . 0 kW ERP , I LNG OFFICE!
300 feet antenna height above average terraine
E I NG OFFICER DATE
4. LOCATION OF STRUCTURE
A. COORDINATES ( To nearest second ) B. NEAREST CITY OR TOWN, AND STATE
LATITUDE LONGITUDE Ithaca , New York
p „ _ �• ( 1 ) DISTANCE FROM 4B (2) DIRECTION FROM 4B
42 27 21 76 33 16 2 miles MILES /A/d/ ///�17f/k� 290 ° True
C. NAME OF NEAREST AIRPORT, HELIPORT, OR SEAPLANE BASE ( 1 ) DISTANCE FROM NEAREST POINT OF (2) AIRPORT
DIRECTION FROM
7
NE` ES UNW
Tompkins County Airport . b � mi'4�es 2450 True
D. DESCRIPTION OF LOCATION OF SITZ: WITH RESPECT TO HIGHWAYS, STREETS, AIRPORTS, PROMINENT TERRAIN FEATURES, EXISTING STRUCTURES,
ETC. ( Attach a highway, street, or any other appropriate map or scaled dr•atving shorcing the relationahip of construction site to nearest
airport ( s ) . 11 more space is required, continue on a separate sheet of paper and attach to this notice. )
1 , 000 feet off Bundy Road on level , high ground . 245 Bundy Road . Se
attached map . � O - I
C I vR
ITIA'i I Vii
IJ IRDS 1 LIE r' l, J I
}IIS DETER . t S I,,'i11D !L T& TE , OR
1011, 1 F 1 Rr
AT DA IiIATED
5. HEIGHT AND ELEVATION ( Complete A, B and C to � a W RK SCHEDULE GATES
A. ELEVATION OF SITE ABOVE MEAN SEA LEVEL A. REGI
T ;; OTS `� r1 feet T �® tE1 e
. OF r1. Rdt ' o FCC approval
HEIGHT OF STRUCTURE INCLUDING APPURTENANCES AND LIGHTING
B. (if any ) ABOVE GROUND, OR WATER IF SO SITUATED '0 CC! QIg�3D 6t B. END
two months later
C. OVERALL HEIGHT ABOVE MEAN SEA LEVEL ( A + B ) 1433 fp- pt
YES NO
7. OBSTRUCTION MARKED AND/OR LIGHTED IN AC- A. MARKED ( if required by FAA) X
CORDANCE WITH CURRENT FAA ADVISORY CIA- B. AVIATION RED OBSTRUCTION LIGHTS ( if required by FAA)
CULAR 70/7460- 1 , OBSTRUCTION hWRKING AND
LIGHTING C. HIGH INTENSITY WHITE OBSTRUCTION LIGHTS
D. DUAL LIGHTING SYSTEM X
I If=BY CERTIFY that all of the above statements made by me are true, complato, and correct to the bast of my knowledge.
DATE TEL. NO. ( Give areaI TYPED NAME/TITLE OF PERSON FILING NOTICE SIGNATURE
r
code )
607 - 273 - 4000 I Peter A . Millett , Engineer
*F-Notice is required by Part 77 of the Federal Aviation Regulations ( 14 C .F.R. Part 77) pursuant to Section 1101 of the Federal Aviation Act of
1958, as amended (49 U.S.C. 1101 ). Persons who knowingly and willfully violate the Notice requirements of Part 77 are subject to a fine
(criminal penalty) of not more than $ 500 for the first offense and not more than $2 ,000 for subsequent offenses, pursuant to Section 902(x)
li of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1472(a)). C f
FAA Form 7460. 1 ( 1 -78) SUPERSEDES PREVIOUS EDITION DO NOT REMOVE CARBORNS
r.....�r. •v 11
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• 15 . '1' ltis ( ) prion ayre: enient rel ) rusunts the eritiru agreement
Between Buyer and Seller c� onc: ernirny the property Involved and may
not be t , tudif :ied except in writing signed by the Darty against whom
the modification is sought to be enforced ,
16 . Notices , including Buyer ' s notice of exurcise to Seller ,
may be kjiven at the addresses indicated below :
SELLL•' R : Ralph Be and Alicia Carpenter
1388 Mecklenburg wt. od
Ithaca , New York 1. 4850
BUYER : Cornell Radio Guild , Inc .
227 Linden Avenue
Ithaca , New York 14850
1N W .1 '1' NI_: SS HL•' REOF , the parties have Set their hands as of the
ay and date: first set forth above .
f�y: )c
Ll' li G . CAI2YENTE
ALICIA CARPEN ;r-
CORNL: LL RADIO GUILD ,
Y____
LS^ f SAVITT , P E: SIDENT
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STA'L' L 01 ' NEM YORK )
, COUNTY 01' TOMPKINS ) ss :
Ori tl : :r_ r l c � day of � .-ter. o » P "" ) 1979 , before me per -
aona l ly c ,-into RALPH G . CARPENTL' R and ALICIA CARPLNTER , to me known
to bc! the individuals described in and who exc: cutud the foregoing
instrument and acknowledyed that they exQcuteci thu same .
11 : ti i ! : R . RUSH
Nnta l y l , ' „ . tit u ,• . . I York
ot ry Public
Q. WILSON '� . � �� ' '. - . ',
NIYATLAW Tcria A\ i •1lcti .iU, 198t) ( 4 )
roN HODS[
-4t SENECA STRELT
RI<W YORK 14050
BUYOUCOs & BARNEY
ATTORNEYS AT LAW
SAVINGS BANK BUILDING
A JAMES V. BUYOUCOS ITHACA, NEW YORK 14850
AREA CODE 807
JOHN C, BARNEY
PHONE AR 3-8841
April 27 , 1970
Town Board
Town of Ithaca
East Green Street
Ithaca , New York 14850
Re : WTKO Re - Zoning
Gentlemen :
The notice of the public hearing held. by the Town Board
states that the application is made to re - zone from a R- 30 zone
to a special 'business district . The particular type of business
district is not described . Similarly , the notice of the public
hearing held - :by the Planning Board does not describe the particu-
lar type of business district . According to the minutes , the
Town Planning Board proceeded on the theory that the application
was for re - zoning the area to a Business " B " district as des -
cribed in Sec '. ion 33 of the ordinance . The minutes of the
• Planning Board support this . In addition , since the notices
for each hearing stated that the premises were to be re - zoned .
to a special business district , the district would have to be
one of those set forth in the ordinance under Article VII , Sec .
31 . The public was aware , therefore , of the nature of the
application and it would appear to me that the notice was
sufficient . .
Assuming that the application was properly made for a
re - zoning to a Special Business " B " district , the following
questions arise :
Is a. structure for transmission of radio signals
( radio tower ) and a transmitter building a permitted use under
Section 33 of the Ordinance ? Subdivision 13 of this Section
permits a telegraph and telephone office . Section 14 permits
any municipal or public utility purpose necessary to the main -
tenance of utility services " . Contrary to any opinion you may
have received from any other source , I find neither a New York
statute nor a New York State court decision which expressly
defines a radio broadcasting station as a public utility . I
find no federal statute which gives an all encompassing definition . •
of a public utility which 'expres'! ly includes , among other activities ,
radio broadcasting and transmission . Thus , there is no precedent
in New York State which gives the express definition we seek .
pro
Town Board - 2 - April 27 , 1970
No evidence has been re' sente'd that �iridicates that .
'the 'drafters of 'the Town ordinance intended 'to include radio
broadcasti*Aq under Section 33 , oaragraph 14 . Therefore , the
phrase could be construed to mean only those activities which
constitute a public utility in the ordinary sense , and I find
no support for the position that radio broadcasting is a public
utility in the ordinary sense . In New York State , public
utilities are subject to the jurisdiction of the Public Service
Commission ,, Section 5 of the Public Service Law enumerates the
. activities which are subject to the jurisdiction of the Commis -
- sion , and they include , among others , gas , electric , telephone ,
telegraph , common carriers , railroads , buses , and the like .
Radio broadcasting is not mentioned , but I remind you that the
regulation of radio broadcasting has been pre - empted by the
Federal Government .
If the: application is to be granted , therefore , the Town
Board must interpret the phrase " public utility " in a broad and
general manner in order to include radio transmission stations .
In support of such an interpretation , the Town Board could
consider the following .
a . The Federal Communications Act of 1934 ( 4
which
151 )
which created the FederallCommunications Commission concerns
• itself with telephone , telegraph , radio and television . It
authorizes the Commission to grant station licenses for radio
broadcasting " if public convenience or necessity will be served
thereby " ( 47USC 307 ) .
b . Section 31 of the Transportation Corporation Law
of the State of New York declares that radio stations shall
possess the powers and be subject to all the duties granted to
or imposed -upon telephone or telegraph corporations except the
right of condemnation . The Public Service Commission of the
State of New York which regulates public utilities also has
jurisdiction over telephone and telegraph lines .
The foregoing statutes do not , of course ,
expressly define radio broadcasting as a public utility but they
do indicate that the activities of radio broadcasting sufficiently
affect the community and are so affected with public interest
that they must be controlled and regulated by the government .
C . Considerations similar to the foregoing were
weighed ' by the Supreme Court of the State of Washington ,
( State v . * RE!dman , 374 Pacific Reporter , 2d Series , decided
Sept . 20 , 1962 ) . That case involved an application for a permit
to a radio transmitter station ( a one - story building. and three
240 - foot steel radio towers ) in a residentialsingle - family
district . The zoning code permitted a " piiblic -utility and
M •
•. O
Town Board - 3 - April 27 , 1970
governmental buildings or structures The court affirmed
the granting of the permit . It reviewed certain cases and
stated " From the foregoing cases , it is clear that although a
radio station ..does not constitute. a public utility in the
ordinary sense , it is , nevertheless , ' a public utility 'iTri 'a
limited sense impressed With 'a public interest . " ( italics
Added
The Town Board may choose , therefore , to make a
determination that the phrase " public utility " includes radio
broadcasting activities . If it does , I must advise the Board
that the Town would . not be immune to a lawsuit which might
successfully challenge this determination .. - The Washington
case , cited above , is not a precedent which a New York .Court
moo must follow . It can be aruged ( as it was by the judge who
dissented in the Washington case ) that the question is not
whether a radio station can ever be called a public utility ,
but whether the proposed structures constitute a public
utility within the meaning of Section 33 of the Town Zoning
Ordinance . Therefore , while the Board may grant WTKO ' s
application to establish the Special District , the Board must
be aware that its determination can be challenged and a court
might decree that the phrase " public utility " did not include
radio broadcasting activities . I do not predict this , but there
is a possibility .
Before establishing the Special District , the Board must
also consider the effect of Section 37 of the Ordinance which
regulates area , yard and height requirements in a Business
District . Subdivision 3 of Section 37 states explicitly that
all structures shall conform in height to other structures
in the— vicinity and that no structure shall exceed 2 stories
in height . No exCeptiorisare stated . The. requirements apply
to all the vermitted uses in the special district , including
public uti. lities . .
The principle under which a Special District such as the
Business District " B " may be established is that of a " floating
zone " . This means that any residential area in the Town may
be subjected to a use which is not residential . Accordingly ,
it is important for the Town Board and Planning Board to comply
with all other requirements of the Ordinance in establishing
a Special District , such as those contained in Section 37 and
not amend them casually .
If the Town grants the application of WTKO , it must establish
not a Business District " B " which would permit all the uses
authorized b:y Section 33 , but a Business District limited to
the erection of such facilities as the Town Board shall determine .
It may establish special conditions .
Town Board - 4 - April 27 , 1970
However , may the Town Board in establishing a . - district
permitting any one or more of the uses set forth in Section 33
overlook ar change the requirements of Section 370? It is my
opinion that this may not be done unless Section 37 is properly
amended , with proper notice , to permit different requirements
in the case of radio towers . The notice of public hearing
before the Town Board did not specify any such amendment .
Owners of property in the Town are entitled to rely on
the protection of Section 37 .
Thus , it appears that if the Board chooses to determine
that radio broadcasting is a public utility within the meaning
of Section 33 and proceeds to establish the special district ,
with appro;� riate limitations as to the number of structures ,
and the like , any such determination shall be subject to the
condition -that a variance be obtained from the Board of Appeals .
The effect of this determination will be that the Town Board
determines the advisability of permitting the use of the land
for the purposes stated , but no building permit may be issued
unless the Board of Appeals determines whether or not to grant
a variance and permit a structure in excess of 2 stories in
height . _
It can be seen from the foregoing that there is a question
as to ( 1 ) the interpretation of the phrase " public utility "
and ( 2 ) the authority of the - Zoning Officer to issue a building
permit for the proposed towers in view of the requirements of
Section 37 .
To allay any of these doubts and to reduce the possibilities
of a successful challenge to the final action of the Board in
a lawsuit to which the Town would be a party , the better
procedure would appear to be as follows :
1 . Proceedings should be initiated to amend
Section 33 of the Zoning Ordinance to include radio broadcasting
and television towers . ( Commercial broadcasting )
2 . The Town Board should decide whether it wishes
to legislate as to the area , yard , height and special require
ments for radio and television broadcasting towers or whether
it will leave these matters to the Board of Appeals . If it
wishes to legislate and establish minimum requirements , then
Section 37 and , if desired , Section 38 should also be amended .
3 . Some other minor amendments would be made to conform
other sections of the zoning ordinance to the above change' . I
would also recommend that the first sentence of Section 33 be amended
i to read : " Permitted uses in a Business District " B " shall be
dd a
F ' 0
r
Town Board - 5 - April 27 , . 1970
any one or more of the following and subject to such reasonable . .
conditions as the Town Board may determine to carry out the
general purposes of the Ordinance : "
Sections 32 and 34 - 36 , inclusive , should be
similarly amended .
4 . In the alternative , the Board may wish to consider
the establishment of an entirely separate land use district
for radio. . and television activities and structures .
IN THE MATTER OF : PUBLIC HEARING : CONSIDERATION OF SITE PLAN APPROVAL
FOR ADDITIONAL BUILDING SPACE ON THERM , INC . LANDS ,
TOWN OF ITHACA TAX PARCEL NO . 6 - 54 - 2 = 1 .
RESOLUTION : Planning Board
February 19 , 1980
MOTION by Mr . Edward Mazza , seconded by Mr . Bernard Stanton :
RESOLVED , that the Town of Ithaca Planning Board grant and hereby
does grant Site Plan Approval for additional building space on Therm ,
Inc . land , Town of Ithaca Tax Parcel No . 6 - 54 - 2 - 1 , being a 44 ' x 160 '
addition to existing facilities as shown on site plan presented to said
Planning Board orL February 19 , 1980 , such site plan being entitled
" Therm Boundaries - Showing Location of Proposed Addition " , dated March
30 , 1975 , Revised". February 1980 , conditioned upon an opinion from the
Town of Ithaca Attorney with respect to Article VIII , Section 44 , para -
' graph 4 , of the Town of Ithaca Zoning Ordinance , which opinion shall be
obtained within two weeks from the date of this meeting and if such
opinion is not given the approval is granted .
Aye - May , Bronfenbrenner , Stanton , Mazza , Grigorov , Schultz .
Nay - None .
Carried unanimously .
REPORT : Lewis D . Cartee , Building Inspector
to
Planning Board
February 22 , 1980
I met with Mr . James V . Buyoucos on February 21 , 1980 , in Town Hall ,
accompanied by Mr . Henry Aron and Mrs . Fuller . I informed Mr . Buyoucos
that I had measured the height of the structure and that no part of the
building was more than twenty - three feet ( 231 ) above the surface of the
ground . Therefore , Mr . Buyoucos said there was no need for any opinion ,
the Ordinance speaks for itself .
cc - Members , Planning Board
Lawrence P . Fabbroni
Barbara Z . Restaino
Arnold Albrecht , . Therm , Inc .
314 0 0
SCS
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/ 3 5 h o uJ 0
NEXT MEETING : WEDNESDAY , MARCH 12 , 1980 , 7 : 30 P . M . , COUNTY PLANNING
' TOMPKINS COUNTY DEPARTMENT OF PLANNING
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Frank R . Liguori PE Commissioner of Planning
S U M M A R Y
COUNTY PLANNING BOARD MEETING
FEBRUARY 13 , 1980 7 : 30 P . M .
The meeting was called to order by Chairperson Shirley Raffensperger . An atten -
dance record is attached , including guests . A quorum was present .
Acceotance of January 9 , 1980 Meeting Summary
The summary of the January 9th meeting was accepted without change .
Privilege of the Floor
Carl Cox said he is temporarily acting as Zoning Officer for the Town of Ulysses
and it is quit .. an experience . .
Gould Colman asked if there was anything new to report on the Lehigh Valley Rail -
road rights - of -way . Tom Brown , Chairmalof the LVRR ROW Committee , said negotiations
are still going on between the municipalities and the LVRR Company . The process is
slow and there is nothing new to report at this time .
} Committee Reports •- None
Report of the Chairperson
Shirley Raffensperger reported that the EMC has decided not to continue pursuing
the Connecticut Hill issue at this time because it is doubtful that it is an
issue at this time . The County Board of Representatives has the issue "on hold "
and Shirley suggests that appointment of a Committee at the County Planning Board
also be put " on hold " pending further developments .
Shirley Raffensperger said there is considerable talk on the issue of banning
nuclear waste transportation through municipalities . She asked that the County
Planning Department consider assembling some hard facts in relation to the legal
issues . Frank Liguori said that the Planning Department should not get involved
in making value judgments but he would look into assembling factual information on
the existing regulations and the role of various federal and state agencies . It
was also suggested that the activity should be coordinated to include the Health
Department , EMC , and other groups which may already be doing research on the issue .
The question also came up in relation to the transportation of other hazardous
materials , particularly as to whether or not there is an alert issued when such
materials are trahSDorted .
Role of Human Service Coalition
Anne Jones , Chairperson of the Human Services Coalition , thanked the Board for an
opportunity to outline the role of the Coalition so that the Board members might
better understand i : s function and its relationship with County Planning . She
128 East Buffalo Street , Ithaca , New York Telephone (607) 274 . 5286 / 274 . 5287
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introduced John Gaines , Robert Wagner , and Margaret Harding as- members of the
Coalition Planning Committee , and Linda Robinson , a staff person . Frank Liguori
is also a member of the Coalition Planning Committee . . Chris Buscher opened the
discussion with a description of the organization and the staffing of the Coalition .
He pointed out that the three full - time staff persons are augemented with volunteer
. help and use of consulting services .
Chris said that one of the important .functions of the Coalition is to provide
review and comment on applications for United Way funding and funding through the
revenue sharing programs of municipalities . A special Standing Committee on Review
and Comment reviews all such applications , after preliminary review by staff , and
makes recommendations to the funders and agencies . He also pointed out that the ..
Coalition provides consultation service to municipalities , organizations , and
agencies , including management , planning , grantsmanship , etc . . . One of the major
activities during 1979 was the priority setting management study for the United
Way which will provide useful tools to assist in setting priorities for funding . .
Some examples of recent activities include studies of the user aspects of the City
Youth Bureau activities , Disabled Resident Study for the City of Ithaca , Needs
Assessments and training programs in cooperation with the County Extension Associa -
tion, and Greater Ithaca Activities Center on affirmative action and using the media .
John Gaines , Chairman of the Planning Committee of the Coalition and Director of
. the County Youth Bureau , said the Planning Committee was recently . reorganized as a
forum for agencies to exchange planning information and to develop a task focus .
approach . The Planning Committee meets monthly and reports to the Human Services
Coalition Board .
On question , Chris Buscher said meetings of the Coalition are open to the public
and they welcome people input . A newsletter is mailed to some 400 people and is
rather openended and others can be added to the list .
Gould Colman asked how priorities are set in relation to the use of United Way
funding ? Chris Buscher replied that the Coalition has provided the United Way
with some basic management and priority setting tools which may be used to help
establish priorities in funding .
Board members expressed . their appreciation to the speakers for a better under -
standing of the role of . the Human Services Coalition .
1980 Census
Douglas Salter of the National Planning Data Corporation addressed the Board on
the 1980 Census . He pointed out that a complete count for _ Tompkins County will
be important , particularly to insure that the county obtains its fair share of
revenue sharing or other federally funded grants and program activities which are
based primarily on gross population or segments of the population . He said . his _
estimates suggest that during the 1970 census perhaps 2 . 6 to 2 . 7 percent of the
population was missed in Tompkins County , particularly in the City of Ithaca and
Town of Ithaca . The national average was 2 . 5 percent . This suggests that Tompkins
County has an under -count greater than the nation as a whole . He pointed out that
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this is due to the large number of people in the county who live in group quarters
and unidentified apartments or living units . He said that any efforts in Tompkins
County to improve the complete count must include the student population at Ithaca
College and Cornell University . He suggested that a program be developed 'to
reach - these students . He also pointed out that the Planning Board ( serving as the
Complete Count Committee ) must be prepared to deal with negative or opposition
statements directed against the census . He estimated that the actual county popu -
lation at the present time is approximately 875300 . Unless something is done to
insure a more complete count , the census count may be as low as 85 , 263 . He pointed
out that the census in Tompkins County will be , entirely through mailings : The
Complete Count Committee Guidelines are attached .
Liaison Activities
F . Liguori reported that the Economic Advisory Board is beginning to put together
a State of the Economy ( Tompkins County ) Report for the County Board of Represen -
tatives . The resolution forming the Economic Advisory Board asked that this be
done on an annual basis . Millard Brink , the liaison with the Economic Advisory
Board , will keep the Planning Board informed on this activity .
F . Liguori also reported that the Ithaca - Tompkins County Transportation Commission
is moving forward with a study of opportunities for rural transit in Tompkins
County which hopefully will lead to the preparation of a project application for
implementation of El first phase of a rural transportation program for 1981 .
F . Liguori reported. that the county is preparing specifications . for contracts for
an air photo flight: of the entire county at a scale and specifications which will
• meet several needs „ including the Assessment Department , Planning Department , EMC ,
City and Town of Ithaca , and other municipalities . The flight will be done early
this spring before leaf -out . The prints will be available to the municipalities
at a nominal fee .
A- 95 Reviews
F . Liguori reviewed the A- 95 Statements for the past month .
Due the lateness of the time , the Agenda item " Issue for 1980 " was postponed until
the March meeting .
The meeting was adjourned .
NEXT MEETING
The next meeting will be Wednesday , March 12 , 1980 , 7 : 30 p . m . at the County Planning
Office .
Respectfully submitted ,
Frank R . Liguori
Commissioner of Planning
NEXT MEETING : WEDNESDAY , APRIL 9 , 1980 , 7 : 30 P . M .
s COUNTY PLANNINIG OFFICE
4 TOMPKINS COUNTY DEPARTMENT OF PLANNING
D=rank R . Liguori PE Commissioner of Planning '
S U M M A R Y
COUNTY PLANNING BOARD
i•IARCH 12 , 1980 7 : 30 P . M .
The meeting was opened by Chairperson Shirley Raffensperger and guests were
introduced . An attendance record is attached . 14 members were present out
of a total membership of 29 , short of a quorum . Acceptance of the Summary
of the February 13 „ 1980 meeting will be considered at the April 9th meeting .
Privilege of the Floor
Anne Jones reported. that the Human Services Coalition and the County Planning
' Board leiill sponsor a Workshop on use and preparation of grant proposals . The
Workshcp will be held on April 1st , 1980 and public announcements will be made
in the news media . Municipalities and agency members were urged to participate
in the Workshop . Call Chris Buscher at 273 - 8686 for details .
Shirley Raffensperger reported on a recent meeting . at Cornell which produced
some interesting statistics in relation to Tompkins County . As an example ,
the number of households in the county is increasing , while the number of
persons per household seems to have decreased from 3 . 1% at the 1970 census .
to 2 . 8% at the present time . It was also pointed out that lower income
people generally live further away from their jobs and , therefore , are
s forced to spend more of their income for commuting . The per capita use of
{ energy in the county is relatively high , which is generally the case in
most rural farm areas . It was. also pointed out that Upstate New York communities
do not seem to get a good proportionate share of Federal and State subsidies
for energy- conservation (various ) activities .
Beverly Livesay sail she feels there is a need for a committee which would
help to coordinate the various home energy programs , including the winterization
programs , and also help in identifying a program to preserve the existing
housing stock ; and perhaps provide additional housing , particularly for the
low income . She suggested that one of the agencies that might do this is a
sub - committee of the County Planning Board .
1980 Census
Continuing with the series of the 1980 Census , Peter Francese , a partner in
the local agency whil:ii publishes a nationwide magazine called The American
Demographic , spoke on the 1980 Census . He pointed out that the Census will
provide a we of statistical information , including complete commuter
patterns . The latter. ought to assist the county in the programs addressing
the energy problems . He stressed the importance of a complete count in Tompkins
County to assure a equitable reapportionment and equitable share of grants ,
which are based upon population .
128 East Buffalo Street , Ithaca , New York Telephone (607) 274 . 52881274 . 5287
Peter discussed in some detail the local review program of the Census Bureau:
The pre-review program has been cancelled but the post-census review has ,
in effect, been improved and beefed up. During the middle of June, a
preliminary count of total population and dwelling units for each enumeration
district in each municipality will be summarized and submitted to each munici-
pality. A couple of weeks prior to receiving the preliminary counts , each
municipality will be sent a set of maps showing line enumeration districts
within the municipality . From the date of receipt of the preliminary count,
municipalities will have precisely 10 days to submit comments in relation
to the Census numbers to the Binghamton Office. - It was pointed out that the
Census Bureau is not particularly interested in errors which involve only a
few people, but rather errors which involve several people and could be called
gross errors . The Census Bureau office in Binghamton will be open for an
additional, 30 days during the month of July to resolve any discrepancies or
gross errors in counts as justified by municipalities . Peter urged that
each municipality be prepared so that when they receive the preliminary count,
they will be in a position to evaluate the numbers and make a determination
as to whether or not gross errors have been made. He suggested use of the
latest population estimates produced by the Census Bureau, dwelling unit
counts , and other information. The final counts by the Census Bureau for
individual State population in the nation as a whole must be submitted to
Congress by December 31, 1980 . Counts for the county level data are expected
to be available at about April 1, 1981. (The County Planning Department will
assist municipalities in the review efforts) .
Shirley Raffensperger said the League of Women Voters and other local service
groups will assist individuals to complete the Census questionaire on request .
Assistance may be obtained at 274-5275, at least between March 31 and April 4 ,
1980 . The office wi'.- be kept open longer if necessary.
The number to call if one fails to receive a questionaire is the toll free
number 1-800-262-1000.
There was considerable. discussion on efforts to insure complete count at
group housing areas, such as Cornell and Ithaca College . It was pointed out
that the group dormatories will be well covered by special enumerators, but
students living in the community (off campus) may inadvertently or intentionally
not be counted. Liguori says that he has contacted the Cornell Sun and the
Ithaca College Ithacan to obtain publicity prior to the Census .
Is ues for 1980
Liguori distributed revised copies of the Issues for 1980 (copy attached) .
Subsequently, he discussed each issue as listed and said he would see that
the Board is kept informed on important developments. He pointed out
several issues which might involve a prime advisory role by the Planning Board.
Progress Report - Airport Industrial/Research Park
Liguori said that overall planning for the Airport area Industrial/Research
Park and specific project planning and design for the Phase 1 improvements
are continuing at a brisk pace. The various concerns are being addressed
one by one and the items are beginning to drop into place. It is complex
in the sense that there are several legitimate interest groups and municipalities,
several projects, and several concerns , all of which must be addressed.
Municipalities and agencies involved include the Village of Lansing , Town
of Lansing , Cornell University , Morse Chain Company , County of Tompkins , .
• Town of Ithaca , and the Area Development Corporation . Projects include
the development of a site plan and site improvements by Cornell University ;
improvements in public water , sewerage , and utilities by the Village of
Lansing ; the County , and other entitles ; improvements and realignment of
portions of Warren Road by the county ; and a nigh technology concept
involving Cornell University and the Area Development Corporation .
The major concerns expressed to date have to do with potential increased
traffic along Warren Road and the impact of this traffic in the Village
and Town of Lansing , and the Town of Ithaca . The impact of the proposed
Indust-rial/ Research Park developments on the neighborhood are also being
addressed as well as the traffic impact on the future Rt . 13 - Warren Road
. interchange . The impact of this interchange on Dart Road is also being
y r investigated .
The preliminary engineering design for Warren Road improvements from the
Rt . i3 intersection to Hillcrest . Road are essentially complete . The
proposed improvements call for a full two - lane road with 10 root shoulders
and turning and acceleration lanes at key intersections . The 10 foot
shoulders will also be used as bikeway . The next step will be to prepare
: final detailed plans and specifi
t.iV cations for bidding and construction .
Project plans for improvements to the public water and sewerage system will
be developed jointly by the village , the county , and the Area Development
Corporation , hopefully with federal funding . The County Planning Department
• is currently evaluating the implications to a future Rt . 13 -Warren Road
intersection and the: desirability lily of including sufficient land for a
cloverleaf to keep options open for the future . The Planning Department
is also looking. into the impact of increased traffic on Warren Road to the
south in t:`_ e Town of Ithaca and to the north . The target date for filing
of applications for funding is June .
Shirley Raffensperger read a letter from the Town Supervisor pointing out some
of the Town of Ithaca concerns , particularly for a need for improved bypass
arrangements to reduce traffic along Warren Road and through the Forest Home
area .
Planning Department Reoort
Liguori said that a draft report .has been completed on "A Review of Regulatory
Con gals on the Transportation of Radioactive Materials . " The report is
now being circulated among other interested parties for comment . A report
hopefully will be available at the April meeting .
A- 95 Review
One project was submitted for review under the A - 95 Review system . This
was the Ithaca Neighborhood Housing Service which is requesting a grant
from the Department of HUD for the purchase and renovation of deteriorated
absentee owned duplexes in target areas in the city for improvements and
use as . Section 8 apartments .
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The Board was pleased to hear that Leonard Miscali is convalescing satisfactorily
from an illness and will be at the April meeting . The Board wished him well .
The meeting was adjourned .
NEXT MEE T TNG
The next meeting will be April 9 , 1980 , 7 : 30 P . M . , County Planning Office .
Respectfully submitted ,
Frank R . Liguori
Commissioner of Planning