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HomeMy WebLinkAboutBF146154-001State of New York Department of Conservation WATER RESOURCES COMMISSION Water Supply Application No. k2l In the Matter of the Application - of the - Town of Ithaca, Tompkins County, N. Y., for approval of its acquisi- tion of a source of water supply in connection with a water supply system already constructed for the so-called Schickel Water District in the said Town. SCHICKEL WATER DISTRICT D E C I S I 0 Td Application filed Hearing held in Ithaca Decision December 30, 1963 January 22, 1964 February 6, 1964 LIBER M PACE 359 ; LiBEF 16 PACE 360 DECISION ON WATER SUP?LY APPLICATION NO. 4587 PROCEEDINGS Ben V. Boynton, Supervisor of the town of Ithaca, Tompkins County, acting in the name of the town and on behalf of Schickel Water District in that town, on December 27, 1963 made applica- tion to the Water Resources Commission for approval of the plans of the town for the acquisition of a source of water supply for Schickel Water District and of the construction in connection therewith. This application was filed in the office of the Com- mission on December 30, 1963• After due notice published in the Ithaca Journal and in the Rural News of Dryden, the hearing on this application was hold before David D. Morey, Associate Engineer of the Commission, in the Town Office of the town of Ithaca on January 22, 1964 at 2:00 in the afternoon. At this hearings. the Commission considered the petition, maps and plans submitted, examined witnesses and heard arguments in favor of the project. The petitioner was represented by John W. MacDonald, its attorney*. No objections were filed and no one appeared at the hearing in opposition to the approval of the project. On January 22, 1964 the Cor.;mission caused an engineering inspection to be made of the works constructed in connection with this application. PROJECT The town of Ithaca now proposes to supply water within the Schickel Water District, taking a supply of water for this purpose from the spring which supplies the single existing home now in the district. This home is svpolied through a 1l-inch plastic pipe leading to the spring and it is proposed to extend this line as required to serve two additional homes which are expected to be constructed within the district. The spring as now developed consists of an open -bottom covered concrete reservoir having a storage capacity of 5000 gallons. plater flows by gravity from this spring and reservoir to the single premises now served, where it is pumped to the water supply system of the premises by a household water pumping system. It is expected that similar household pumping systems will be re- quired for the two proposed additional homes. After due study of the petition and its exhibits and of the evidence and arguments given at the hearing, the Commission finds as follows: FINDINGS OF FACT 1, Schickel Water District of the town of Ithaca, Tompkins County, covers a very small area located on the east side of New York State Highway Route 96-B approximately two miles south of the City of Ithaca. � r � -2- 2. The district consists of four lots. One of these lots, designated as lot No. 4, has been set aside for water supply purposes and the remaining three lots are to be used for single- family residences. 3. This district was established by a resolution of the Town Board on January 5, 1961 after the Board had received a taxpayers' petition requesting the formation of the district and after a public hearing had been held by the Board to consider the proposal. 4. The cost of the system within the district is being paid for by the developer of the area. 5. It is estimated that the spring under consideration can produce. 900 gallons of water per day. This yield is considered sufficient to supply the three homes proposed for the area but it is not considered sufficient to provide for future expansion within the district or to support an extension of the district area. 6. The spring has been located generally near the center of lot No. 4, the lot reserved as the spring site. This loca- tion, together with the nature of the development of the spring, is considered to provide sufficient protection against sanitary pollution of the water in the well, 7. No treatment of the water is proposed. The Commission must, however, reserve the right to require that treatment of the water from the spring be provided should conditions in the future indicate that such action is necessary. 8. As its engineer in connection with this project, the applicant has retained Thomas G. Miller, an engineer duly licensed under the laws of this State. The works have been built under the general supervision of this engineer. 9. No important defects in the system as constructed were observed during the engineering inspection made on January 22, 1964, This inspection indicated that some minor grading is necessary at the well site and that a cap should be provided for the screened vent in the well basin cover, At the time of the inspection, a representative of the town stated that these minor deficiencies would be corrected at an early date. The Commission may, therefore, at this time approve the works as constructed and authorize the operation of these works by the town with the understanding that the additional work mentioned above will be undertaken as soon as practicable. 10. The developer of the area within the district has conveyed the lot forming the spring site to the town to remain in the possession of the town as long as the lot is used as a source of water supply for the system. He has also provided all rights of way required for the !I -inch pipeline to the three premises. LIBE6 16 PAGE 361 LIBER 16 PAGE 362 -3- 11, The carrying out of this project has had no adverse effect on the water supply interests of any other municipality or civil division of the State. 12, The legal damages which may have been caused by the execution of the plans of the petitioner have not been such as to require any special consideration or legislative enactment in order that they equitably miGht have been determined and paid. CONDITIONS The Commission finds it necessary, in order to protect the water supply and the interests of the applicant and of the inhabi- tants of the territory supplied by it with water and to protect the water supply and interests of any other municipal corporation or other civil division of the State and the inhabitants thereof, that the application, maps and plans submitted should be modified to conform to the following: Ae As long as the spring is used as a source of water supply for this system, the apnlicant must retain ownership of lot No. 4 designated as being reserved for water supply purposes on a map filed with this application entitled"Final Sub- division 14ap ito. 1 Portion Of Schickel Property dated January 6, 1961 prepared by Thomas G. TrIillere This lot must be used for water supply purposes only and, together with the spring structure, must -be improved and maintained so as to prevent pollution of the water in the spring by surface drainage. B. The Commission reserves the right to require the taking of further sanitary precautions or the treatment or purification of the water from this source should conditions in the future indicate a need for such action. STATUTORY DETERMINATIONS The Water Resources Commission, having given due considera- hibits and the proofs nd tion to the said arguments submittedtatithe on ahearing,nd its xdetermines and decides as ar1� as follows: -4- First, That the application, maps and plans submitted are modified as set forth above and, as so modified, are the plans hereinafter mentioned. Second. That the plans proposed are justified by public necessity. Third. That said plans provide for the proper and safe construction of all work connected therewith. Fourth. That said plans provide for the proper protec- tion of the supply and the watershed from contamination and that no treatment of the supply is necessary at this time. Fifth. That said plans are just and equitable to the other municipalities and civil divisions of the State affected thereby and to the inhabitants thereof, particular considera- tion being given to their present and future necessities for sources'of water supply. .Sixth. That said. plans make fair and equitable pro- visions for the determination and payment of any and all legal damages to persons and property, both direct and indirect, which will result from the execution of said plans or the acquiring of said lands. a �E� 16 PACE 363 LIBER 16 PAGE 364 DECISION WHEREFORE, the Water Resources Commission does hereby approve the said application, maps and plans of the town of Ithaca on behalf of Schickel Water District as thus modified and does also approve of the waterworks system as constructed and authorizes the operation thereof by the officials of the town of Ithaca. IN VITNESS WHEREOF, the Water Resources Commission has caused ` this determination and approval to be signed and has caused its official seal to be affixed hereto and has filed the same with all maps, plans, reports, and other papers relating thereto in its office in the city of Albany, this 6th day of February, 1964. WATER RESOURCES COMMISSION CECIL E. HEACOX aeore ary to a onservat ion Dept., Alternate - Acting Chairman (L.S.) Attest: COOK ROBERT A. oor• ary o e omm ss on 0 M ! STATE OF NEW YORK ss. CITY AND COUNTY OF ALBANY I, ROBERT A. COOK, Secretary to the Water Resources Com- mission, State of New York, do hereby certify that the fore- going is a true copy of the original decision "In the matter of the application of the Town of Ithaca, Tompkins County, N. Y., for approval of its acquisition of a source of water supply in connection with a water supply system already con- structed for the so-called Schickel Water District in the said Town," duly filed in the office of said Water Resources Commission on the 6th day of February, 1964, and remaining on file therein. I FURTHER CERTIFY that the said copy has been oompared by me with the .original thereof and that the same is a correct transcript therefrom and of the whole of said original. WITNESS my hand and the seal of said Water Resources Commission this llth day of February, 1964. Secretary o e omm ss I on LIM 16 ma 365 A true copy of the original recorded on the 16 day of 11964 at // ,j.2-o'clock X'and examined. Clerk E