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HomeMy WebLinkAboutTB Minutes 1977-07-11 13 ; TOT,"IN OF ITHACA REGULAR BOARD A';ETING July 11 , 1977 - 5 : 15 p . m . At _ a Regular Meeting of the Town Board of the Town of Ithaca , Tomp- kins County , New York , held at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , on the 11th day of July , 1977 , at ' % there were PRESENT : t°]alter J . Schwan , Supervisor Andrew W . McElwee , Councilman Noel Desch , Councilman . Victor Del Rosso , Councilman , Robert Powers , Councilman Catherine Valentino ; Councilwoman Shirley Raffensperger , Councilwoman ALSO PRESENT ; James V . Buyoucos . Town Attorney Lawrence P . Fabbronif Town Engineer/Building Inspector Peter Francese , Chairman , Zoning. Board of Appeals Liese Bronfenbrenner - airman , Planning Board Eva Hoffmann , Planning . Board Beverly Livesay , County `Representative #eery W . Theisen , County 12epresentative Arthur L46 iBeikey , 128 Christopher . Circle btta Schoenfeld ( be veloper ) , Gaslight Village Rep=esentatives of the Media APPOINTMENT TO ZONINt; BOARD : OF APPEALS Mr + Francese reported that the Zoning Board o £ Appeals has unanimously recommended the appointment of Mrs . Sanford Reuning of Buttermilke Falls Road to replace Mrs . Laureen Ripley on the Zoning Board of Appeals . Mrs . Reuning is willing to serve . Motion by Councilman Powers ; seconded by Councilman McElwee , RESOLVED , that this Town Board hereby appoints Mrs . Sanford Reuning , 112 tlest Buttermilk Falls Road , to the Zoning Board of Appeals to comriplete the unexpired term of Mrs . Laurene Ripley , which term will expire December 31 , 19800 ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none ) REQUESTS FOR CHANGES IN OCCiJPANCY PRO17ISIONS OF THE ZONING ORDINANCE Mr . Francese reported that the Zoning Board of Appeals is receiving an increasing number of requests for a change in the zom'ng Ordinance with respect to permitting more persons in a dwelling unit . There are a number of two and three-family housing units near Ithaca College and the owners want to operate them as student housing . Mr . Edward W . King , Attorney and member of the Zoning Board of Appeals is preparing criteria with regard to this type of housing ( sending copy of same to Torun Attorney Buyoucos ) for the consideration of the Zoning Board of Appeals . mr . Francese thought it might be better to get a copy of the criteria to the Tom Board for considerati of re- vised provisions for increased occupancy on a case by case basis so that future Boards of Zoning Appeals have some guidelines . / 33 Town Board Minutes - 2 - July 11 , 1977 Mr . Francese said it appears the occupancy provisions have to be re-worked and reviewed by the Town Board . He said that by the time the Town Board meets again the Zoning Board of Appeals will have something for its consideration . In the matter of the Sign Ordinance , Mr . Francese reported that the Zoning Board ' of Appeals has been presented with four appeals for small signs . These . appeals will be taken up at the . next Zoning Board of Appeals meeting on July 26th . Small temporary or seasonal signs which are appearing. in agricultural zones (which are also resi - dential zones ) should be reconsidered as to legality . The Zoning Board of Appeals will hear . these Appeals and Mr . Francese - said they would keep the Town Board informed . He urged the Town Board to con- sider making needed changes in the Sign Ordinance , REPORTS OF COMITY REPRESENTATIVES`' Mrs . Livesay reported that a letter has gone out to all municipalities asking them to make suggestions for a representative to the County Youth Bureau . It is contemplated now that the Youth Bureau Board ( County-wide Youth Bureau ) will be composed of community representatives . There will be no agency representative on the Youth Bureau Board , as such , that is , an appointee at the County level . All County-wide Youth Bureau members will be recommended by munici- palities : The . Board will be composed of 21 members , 5 members from the City of Ithaca and one from each of the towns and villages and a member from the Board of Representatives . The appointees must be from a list of categories established the State , 51 to be lay people and 49 % office holders . The County will hire a director . The County-wide Youth Bureau Board will not make policy but will be an advisory group . Appointments to this Board are needed by September 1 , 1977 . Supervisor Schwan said that whoever is appointed to this Board must be advised that he or she must attend every Town Board meeting and make a report as to what is going on . The Town of Ithaca Board will act on this matter at its August meeting . Mrs . Livesay said if any municipality is unhappy in any respect with the resolution setting up this Board and the rules and regulations , it is not too late to anend the resolution . Supervisor Schwan noted that he did not think the apportionment of representatives was equitable . sirs . Livesay referred to the Sanitary Code Revisions of the Tompkins County Department of Health . Supervisor Schwan said there are certain things in the new code that the Town of Ithaca cannot live with . It was suggested that the municipalities in Tompkins County should bring pressure to bear on the Health Department or the County Board of Representatives toward the end that certain of the rules and regulations newly adopted by the Health Department be re- scinded . Mrs . Livesay said she . would explore this at the County lev- el . Mrs . . Livesay reported that at the Supervisors and Legislators meeting they discussed ( 1 ) unemployment insurance ( legislation is be- ing considered to require that all employees must now be covered ) , there being a question as to whether temporary and seasonal employees must be covered ; ( liability insurance . ( insurance rates for liabili- ty are so high many Towns have discontinued their policies . One of the speakers suggested that counties would be wise to adopt a risk management program , in conjunction with insurance , a sort of pooling of risks by the municipalities and the County . Mrs . Livesay said this is not a big problem in this County at this time , but it is something to bear in mind . ICY Town Board Minutes - 3 - July 11 , 1977 Mrs Mri6 Livesay reported that the State Department of Equaliza- tion and Assessment is preparing a new tax status calendar which would make the taxable status dates the same for every municipality . Mr . Henry ' 'Theisen had nothing to report . REPORT OF PARK COMMITTEE Councilwoman. Raffensperged reported that the Park Committee met June 29 and went over the materials being worked on for the summer . There is a Coy Glen presentation which will be made to the property owners in that area . Each member of the Park Committee has had a copy of the presentation , has gone over it , and sent it back with some corrections and the remainder of the Town Board will be receiving a copy. of that ; . ' the Park and Operi . Space Plan is pretty much in completed form . She rioted that Mr . Fabr.oni has been in con- tact with the Development Office at Cornell Un gtersity to continue development of the .Bike Trail in East Ithaca . Mr . Fabbroni reported , th t the Town znt6nds to issue three reports , ( 1 ) Coy Glen , ( 2 ) Lick grook , and Ojj Park and Open Space report . He described the physical dimensions ' of these reports and estimated costs . After some discussion of the . format of the reports , the photographs they will contain , numbers of copies to be prepared , and estimated costs , the Town Board acted as follows : Motion by Councilman - Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that this Town Board hereby authorizes the expenditure of approximately $ 750 . 00 for the preparation of three reports , ( 1 ) a Park and Open Space report , ( 2 ) Coy Glen report , and ( 3 ) Lick Brook report , to be funded out of current funds under a specific appropria- tion or from the contingency account . ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none ) oa PETITION FOR AIENDMENT OF ZONINdORDINANCE TO CHANGE A PORTION OF CODDING .ROAD TO MULTIPLE RESIDENCE The Town Board received on July 80 the petition of Johann W . Gebauer requesting that they consider an amendment to the Zoning to designate the area along the Coddington Road from the boundary line between the City of Ithaca and the Town of Ithaca to the- access road to Ithaca College as a multiple residence district . Supervisor Schwan suggested that before the Board takes any action on this mat- ter , it should have available a tax map which delineates properties on both sides of the road and indicate the type of dwellings so the Board will have a clear picture of the area . Councilman McElwee said this would be spot zoning . It was agreed this matter will be passed along to the Planning Board and Town Engineer for them to put together the necessary information about the area and make a recom- mendation . STREET LIGHTING CONTRACTS WITH NEW YORK STATE ELECTRIC & GAS CORPORATION - GLENSIDE AND REMTICK HEIGHTS The Supervisor advised that new 10-year lighting contracts for Glenside and Renwick Heights are in hand and that New York State Electric & Gas Corporation has asked that they be approved and exe- cuted by members of the Town Board . The Glenside contract calls for $ 60 . 00 per annum increase in cost and Renwick Heights an $ 85 . 00 in- crease in cost . The Supervisor recommended approval of the contracts , and the Board acted as follows : V Town Board Minutes - 4 - July 11 , 1977 Motion by , Councilman Powers ; seconded by Councilwoman Valentino , RESOLVED , that the written contract submitted by the gew York State Electric & : Gas Corporation for lighting the streets and public places of ' District of Glenside , Town of Ithaca , dated July 3 , 1977 , be , and the same , ' hereby is , approved , and, a majority of the members elected to this board be , and they hereby are , authorized and direc - ted to execute the same in the . name and in behalf of the Town of Ithaca . (Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none ) . Motion by Councilman Powers ; seconded by Councilwoman Valentino , RESOLVED , that thb, Vritten contract submitted by the New York State Electric & Gas Corporation for lighting the streets and public places of District of Renwick Heights ,, town of Ithaca , dated July 3 , 1977 , be , and the . same ;hereby is , approved , and a majority of the members elected to this Board be , and they hereby are , authorized and direc- ted to execute the same in the name and in behalf of the Town of Ithaca . ( Del Rosso , Raffensperger , Powers ; McElwee , Desch , Valentino and Schwan voting Aye . Nays - none ) The Board members executed the dontiacts in duplicate and instructed the Town Clerk to forward them to New York State Electric & Gas Corporation for their execution . One copy will be returned for the Town ' s files . PUBLIC HEARING - 6 : 30 p .. m . RE- ZONING 22 . 22 ACRES FROM R- 30 TO R- 15 Proof of posting and publication having been presented by the Town Clerk , the Supervisor opened the hearing to consider the re- zoning of 22 . 22 acres of land from R- 30 to R- 15 ( Tax Parcel No . 6 - 61 - 1 - 8 . 1 , land bounded on the west and north by Cornell University lands , on the east by the Town of Dryden , and on the south by Snyder Hill Road , Mr . Fabbroni explained that this land when originally sub- divided was part of the Eastern Heights development re- zoning , but inadvertently is was left out , and that it is now desired to re- zone it from R- 30 to R- 15 . Arthur L . Berkey , 128 Christopher Circle , asked whether there had been any contact with the people who live in that area about the doubling of the density . It was explained to Mr . Berkey that when the Planning Board had its hearing the people in the vicinity of this tax parcel were sent a notice of the hearing . The same people were also notified of the present hearing before the Town Board , Mr . Berkey asked if there had been any effort by the develo- per or this Board to find out the feelings of the people who live in the area . It was noted that this is the reason the public hearing is being held . Mr . Berkey again noted that he disliked public hear- ings at 6 : 30 p . m . , that they could be held at 7 ; 00 p . m . of later ; that it is inconvenient for many people to attend public hearings as early as 6 : 30 p . m . He asked why this hearing was not held at a later time . The Supervisor said the decision was made at the last meeting of the Town Board . Mr . Berkey asked again why the public hearing could not have been held at 7 : 00 p . m . Councilwoman Raffens - perger said the Board might make a real effort to schedule public hearings at a later hour . Town Board Minutes - 5 - July 11 , 1977 Mr . Berkey asked a question with regard to the area in square feet required for a lot to be served by municipal services . Super- visor Schwan noted that the policy of this 'Town Board has been to re - zone to R- 15 from R- 30 areas served with public water and sewer . Mr . Berkey asked if this policy were stated anywhere . Supervisor Schwan said it was . not , but that it has been Town policy for many years . Councilwoman Raffensperger noted that all the land adjacent to this . land is R° 15 . Mr . Berkey said that does riot mean this land should be R- 15 . He said thAt in these re- zonings the advantage is always with the developer . Mrs . Livesay at this point said that she would like to speak affirmatively for this re - zoning ; further , that she was glad that the Town Board is riotifying , adjacent property owners . (Mr . Berkey inter - posed that this does ' not mean they are listened to ; the fact that people are notified does not mean they are listened to . ) He cited the example of 80 people signing a petition against the development on E . King Road . Pars . Livesay commented hat a re° zoning concerns more people than those ininlediately adjacent . She said this property has been the subject cf considerable discussion in the neighborhood , but no one has objected tents being zoned R-15 , since R- 15 is the least damaging use , and A@45 is acceptable . Mr . Berkey questioned the effect of additional development in this area upon the traffic , which , he said , is already bad . He asked if the Board were just approving another development without consider- ing the roads . He asked if traffic were a problem . Mr . Fabbroni said there is no problem handling 246 cars a day on Snyder Hill Road , but that he is looking into the problem where Snyder Hill Road drops off at a sharp grade with the possibility in the long range ( five years ) of storm sewering the ditch for the area of Snyder Hill Road inhere there is a severe slope , high crown , which would add to the safety problem . In terms of the amount of traffic , this development will have no effect on the road ' s capability of carrying it . Mr . Berkey said he did not mean structurally , but whether there would be conges - tion . Mr . Fabbroni said there will be no congestion . Mr . Berkey in- quired about drainage on Pine Tree Road , Mr . Fabbroni said this area was considered as part of the whole drainage area when drainage re- pairs were made after the July storm last year (not all of which is completed ) . What is completed , however , has been successful in hand- ling run-off . Mr . Fabbroni said he had reason to believe that the drainage study will be vindicated in the long run . Mr . Berkey asked if he were sure this will not aggravate drainage problems below there . Mr . Fabbroni said it would not . No other persons wishing to be heard , the Supervisor closed the hearing at 6 : 42 p . m . and the Board acted as follows : Motion by Councilman Desch ; seconded by Councilman McElwee , RESOLVED , that 22922 acres of land ( Tax Parcel 6 - 61° 1- 8 . 1 ) bounded on the west and north by Cornell University lands , on the east by the - Town of Dryden and on the south by Snyder Hill Road , shall be rezoned from Residence District R- 30 to Residence District R-15 . ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none ) PERSONS TO BE HEARD Mr . Berkey recommended that the Town Board consider having its agenda printed in the Ithaca Journal the Saturday prior to the meeting . He felt this would cost less than $ 100 a year . Mr . Berkey reported certain signing problems in the Christo° pher Circle/Warren Road/Northeast School area , and made certain recom- mendations with regard to improvement of traffic flow and safety ! 37 Town Board Minutes - 6 - July 11 , 1977 ( particularly of children ) in the area . At the request of the Town Clerk , Mr . Berkey subsequently clarified and amplified his recommenda- tions by letter dated July 29 , 1977 , pertinent portions of which are attached to and made a part of these minutes . Mr . Berkey inquired about the status of the DeTlitt Park recreation site . Councilwoman Raffensperger said it is being negotia- ted at this time with the School District and other municipalities . Mr . Berkey asked if the Board is planning with the surrounding area people to prevent people from parking . , Councilwoman Raffensperger said there was a meeting of residents of the area . She said an attempt is being made to restrict access so that parking will only be in the DeWitt parking lot . r-4r . Berkey inquired as to the status of the painting of the Christopher Circle Water Tank . Mir . Fabbroni explained that Virginia Erection Co . who were the successful bidders two years ago are now in volved in a bankruptcy proceeding ; that the ., Town would be pre - sented with certain liabilities should it proceed with the work at this time , - since Virginia Erection Co . is riot able to furnish a per - formance bond , kThe originally planned painting was deferred because the City of Ithaca advised ihat . they could not supply sufficient water while the contractor was painting the tank, The Town , therefore , de - ferred painting the tank until the Bolton Point system was developed . Because of the bankruptcy situation . of Virginia erection Co . , it appears now that this job will have to be re -bid . 14r ; Berkey com- plained of , the long ' delay . He indicated th t the Town Board should have discovered earlier what the City of Ithaca would require , it was explained that the delay was due to technical problems with re- gard to drawing down the tank when the City did not have sufficient water and the current bankruptcy problem of Virginia Erection Co . ; that there was no intent on the part of the Town Board to delay the project . Pair . Berkey inquired as to the status of the Beacon Hills development . 1-2r . Fabbroni said the bankruptcy foreclosure has been completed by Sibley Corporation and Beacon Hills , Inc . Very little is salvagable on the site at this time . Mr . Berkey complained that in spite of a petition by some 80 people in opposition to this develop- ment , it was nevertheless approved , and , he said , it has been an eye- sore now for four years . Mr . Berkey said the Beacon Hills development is a prime example of what can happen when the Town Board is insensi- tive to the needs of the people and overly concerned with the desires of a developer . He hoped that the Beacon Hills site would be cleared as soon as possible . ACCEPTANCE OF CONCORD PLACE AS A TO[JN ROAD Mr . Otto Schoenfeld requested that the Town of Ithaca accept title to Concord Place and issue building permits for Tax Parcels 6- 72 - 1 - 35 through 6 - 72 - 1 - 42 , and requested that the Town Supervisor execute an agreement on behalf of the Town of Ithaca with Otto Schoen- feld with respect to completion of the road , security bond , and the furnishing of appropriate documents . 1-1r . Fabbroni presented a pre- pared resolution covering these matters , and the Town Board acted as follows * Motion by Supervisor Schwan ; seconded by Councilwoman Raffensperger , TIHEREAS , { Concord Place in its entirety north of Burleigh Drive , as shownron the subdivision map of Williamsburg Park Sub- division , Section 5 , dated December 2 , 1975 made by R . C . MacDowell , Jr . , Surveyor , is partially completed in accordance with Town speci - fications , and Town Board Minutes July 11 , 1977 Pertinent ,excerpts from letter from Arthur L . Berkey , 128 Christo- pher Circle , ( letter dated July 29 , 1977 ) • --, " Please refer to the attached sketch which has the letters referred to in the suggestions below ° " l . Remove the 30MPH limit sign at the location " B " on the west side of Christopher Circle . Replace it with a 15 MPH limit sign if this is possible . If not , then don ' t replace it at all . Even under ideal weather conditions , there is simply no way that a person can safely drive 30 mph and then make the immediate curve . It was a surprise to both me and the immediate neigh- bors : that the . sign was erected in the first place un- less by mistake . As is , such a sign lures the un- familiar driver into thinking that he/she can drive 30 mph in this area , I suggest that someone drive under the signs that are put up to assure that they fit the situation . i " 2 . Another sign ( 30MPH ) needs to be erected at " G " to show the 301mph speed limit is in force coming from the nest . This is not as important as for the present sign at '' A" since the " F - A - G - E " route is down-hill . 1139 Enforce the 30 mph limit in the " FE " area . Cars tend to drive very fast going west on this stretch of road . Also , because of this , children crossing Christopher Circle at " D " going to Northeast School are endangered . Also , a school crossing sign facing both ways should be erected in the area of " D " . " 40 This year , the grass on the shoulders of the road was only cut down once . In the area " H" indicated in blue , this should be cut more often since the tall grass hides children coming North at that intersection from the vision of drivers coming West on " F to E " . Also , there is a fire hydrant in this area which tends to be hidden by this grass . I have trimmed out around the hydrant twice to be sure it is visible for hook-up , especially at night . Note that my concern centers on cutting the grass in the crucial areas affecting safety . I am not suggesting that all grass on the road should - ers nee Us to be cut on a repeated basis . " i V Y Tom QK D r 1 • _ . f. Town Board llinutes - 7 . 0005 July 11 , 1977 WHEREAS , the Town Attorney will approve the deed to be sub- mitted and the description afid Mill certify good title in the Grantor of the deed free and clear of liens and encumbrances , subject to ease- ments and Covenants of record which the Town `Engineer will approve , and WHEREAS , the . Town Engineer , ,will certify approval of descrip- tion and all other matters rela" iig to the acceptance of the road , and 11HEREAS , Otto B . Schoen dla , , his successors and assigns , agree to complete said road in aocr3rdance with the specifications of the Town 6f Ithaca prior to dCtober 1 , 1977 and to supply suf - ficient security arid . execute an agreement to ,be prepared by the Town Attorney and approved by the Tor*n . Fngineer relating to the foregoing and to supply an a8siract of title ; No!4 THFREFnRE , BE IT 1i E50LVED THAT : The Town o , : tthaca will accept to to said road and author - izes the issuance ofk building 0eiti is for parcels 6 - 72 - 1 - 35 through 6 - 72 - 1 - 42 , as shown on said map , aiid The Town Sui�ervisor is hereby authorized to execute said agreement with Otto H ; Schoenfeld : ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none ) MID-WEEK OBSERVER NEWSPAPER BOXES Airs . Hoffmann again noted that the newly installed paper boxes for the Mid -Meek observer ( throughout the Town ) create ' a nuis - ance and an eyesore along the roadsides . This led to considerable discussion . Mrs . Livesay said it is well established that property owners have the right to say they do not want the box , and it will have to be removed . It was agreed that the Town Attorney would look into the legalities of the matter and make a recommendation to the Board . EXEMPTION FROZI REAL PROPERTY TAXATION FOR PERS014S OVER 65 YEARS OF AGE It appears that the State of New York has adopted new legis - lation which makes it possible for municipalities to increase the maximum amount which the owner or the combined owners of property may earn , and still be eligible for exemption from real property taxes as provided by Section 467 of the Real Property Tax Law . Mr . Buyoucos said it would be necessary to hold a public hearing to amend the present Local Law in regard to this matter . Motion by Supervisor Schwan ; seconded by . Councilwoman Valentino , RESOLVED , that the Town Boardof the Town of Ithaca will conduct a public hearing on the 8th day of August , 1977 , at 7 : 00 p . m . , to con - sider the adoption of an amendment to Local Law No . 1 , 1971 , to pro- vide that the income of the owner or the combined owners of the prop- _ erty may be a sum not in excess of $ 7 , 200 in order to be eligible for exemption from real property taxes as provided by Section 467 of the Real Property Tax Law . ( Del Rosso , IRaffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none ) Town Board Minutes - a - July 11 , 1977 SIGN APPROVALS Mr . Fabbroni reported on' the following signs which the ; . Planning Board has approved or recortimended for approval or variance , Grayhaven Antiques . The square footage meets the require ments ofthe iqn r ire ( as long ' as it. is a 'separate venture from Grayhaven Motels ) , Mr .- Fabbroni said they are two distinct operations . Motion by Councilman Desch , seconded by Councilman Powers , RESOLVED , that this Town Board , upon . the iecommendatiori of the- Planning Board , hereby approves of the 7 ft : square sign for Gray - haven Antiques at 657 Elmira Road , as described on Sign Application dated June 6 , 1977 , and signed by Jewel Gtay . ( Del Rosso , Raffensperger , Powers , McElweei Desch , Valentino and Schwan voting Aye . Nays - none ) The Cow Bell . Por an additional sign 10 sq . fti at Ide ' s Bowling and Bi Bards . this additional sighage . still falls within the requirements of the Sign Ordinance , Councilman Del Rosso recom- mended an updating of the sketch on the application so the location of the sign is clear . Motion by Councilman Desch ; seconded by Councilman Del Rosso , RESOLVED , that this Town Board hereby approves , upon the recommenda- tion of the Planning Board , the addition of 10 ft . square Cow Bell sign at Ide ' s Bowling and Billiards , it being understood that the sketch of the - sign on the Sign Application will- be updated to properly locate the sign . ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none ) Eastwood Commons , Has requested a variance to allow for a total of 4 sq , ft . for their entrance sign " Eastwood Commons " on Honness Lane . Mrs . Bronfenbrenner read the resolution of the Plan- ning Board ( July 5 , 1977 meeting ) which recommends a variance in this case . The Planning Board has also recommended that the Eastwood Commons project sign (which is not seen until one is actually on Eastwood Commons premises ) be granted a variance and approved as a temporary sign during the development of the project . Motion by Councilman Desch ; seconded by Councilman Powers , RESOLVED , that this Town Board , upon the recommendation of the Town of Ithaca Planning Board , hereby grants a variance to allow for a total of four square feet for the entrance Sign " Eastwood Commons " placed upon Honness Lane three feet from Wildflower Drive curb and which includes the development trademark ( a cornflower ) and/or the name of the development ; and further , that this Town Board , upon the recommendation of the Town of Ithaca Planning Board , hereby grants a ' variance for approval of the project sign as a temporary sign during the development of the project , this sign being the sign within the project ( sign as described on Sign Application dated June 21 , 1977 ) . ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . gays - none ) i Town Board Minutes - 9 - July 11 , 1977 Eastern Artificial Insemination Coo2erative , Inc . Mr . Fab- broni reported that this sign is an existing s gn for a legal non- conforming ;' use in a residential zone . He said he could not , as Build- ing Inspector , approve any sign in a residential area which is more than two feet square . This is a variance case , Mrs . Bronfenbrenner stated that some people thought the lighting. on the sign was excessive at night. . She read the motion adopted by the Planning Board ( July 5 , 1977 ) , as follows * RESOLVED ; that the Planning Board of . the Town of Ithaca recommend and hereby does '. recommend ' to the To` m Board that the sign for Eastern Artificial Insemination Cooperative , Inc . j ` as described on Sign Application dated June 21 , 1971 , and signed by Bruce Bean , Production Manager , be - granted a variance since it has been placed upon the site for at least fifteen years , however , should such sign be replaced or repaired , it is ; the Planning Board recommendation that it be brought into con- formity with the 'tom of Ithaca Sign Ordinance , and BE IT FURTHER RECbMMENDED that the illumination of said sign be reduced , Mrs . Bronfenbrenner said EAI Cooperative had given no reason for needing the illumination : She said she thought it was a form of advertising . Councilman Powers suggested they may feel they need illumination for the public to locate them . After the discussion the Board acted as follows * Motion by Supervisor Schwan ; seconded by Councilman McElwee , RESOLVED , that this Town Board hereby , upon the recommendation of the Town of Ithaca Planning Board , grants a variance for the sign for Eastern Artificial Insemination Cooperative , Inc . , as described on Sign Application dated June 21 , 1977 ; further that , in accordance with Planning Board recommendation , should such sign be replaced or repaired , it shall be brought into conformity with the Town of Ithaca Sign Ordinance ; further , resolved that the illumination of the sign shall be removed . ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none . ) LETTER OF APPRECIATION FROM PLANNING BOARD TO RETIRING SUPERVISOR WALTER J . SCHWA14 Mrs . Bronfenbrenner read the following motion adopted by the Town of Ithaca Planning Board at its meeting on July 5 , 1977 : BE IT RESOLVED , by the Planning Board of the Town of Ithaca that the Secretary of the Planning Board send a letter of appreciation to Supervisor Walter J . Schwan , to wit * it The Town of Ithaca Planning Board wishes to express its appreciation to Walter J . Schwan for his leader - ship and direction during his four and one-half years of service on the Town of Ithaca Planning Board and his eight years of service as Town Supervisor . Dur- ing his four terms as the senior public official of the Town of Ithaca , his accomplishments marked the emergence of the Town of Ithaca into a modern urban community . With great personal sacrifice on his part the Bolton Point Water Works became a reality . The advent of the Intermunicipal Water Commission brought a new era of cooperation between several of the local Towns and Villages facilitating a planned growth of this area . p r- fff [ 1 Town Board Minutes 10 - July 11 , 1977 It is with .regret that we see . Walter J . Schwan leave the position of Town Supervisor . The Town of Ithaca Planning Board wishes him the best in his new adventures . ( To be � signed , by ail members of the Town of Ithaca Planning Board . ) ' ; ; Supervisor Schwan thanked Mrs . Bronfenbrenner and said this was very , nice . REPORTS OF TOTiR4 OFFICIALS Toim Attorney Mr , Buyoucos proposed a work session with the Tom Board to discuss the matter of roads on Pennsylvania Avenue , It was agreed they would meet on July 19th at noon . Christopher Clrcldr .TAnr _,' There : was considerable discussion of this matter , ` .concern--ice for the most part with a decision to pro° rginia Erection Co ;on the . contract to paint the tank or ceed with Vi to re-bid the jibe % Mr . Buyaucos outlined the risks involved in- to Virginia : Erection to , paint the tank and various alternatives were explored which might protect the Town , since Virginia Erection is not in a position to furnish . a performance bond because of the bankruptcy proceeding they are involved in . Supervisor Schwan said an adverse report has been received bn the condition . of the paint still on and for the tank . ' .' In viex4 ' of the complications involved with Virginia Erection and the fact that the Town Attorney ( as a lawyer ) could not recommend u4ofking with them , the discussion turned to re-bidding the job , It appeared re-bidding would probably involve an increase in the cost of the work , After some discussion , the sense of the Board was that all things considered it would be best to re-bid the project . Motion by Councilman Desch , seconded by Councilman Powers , RESOLVED , that this Town Board hereby authorizes re-advertising for bids on the painting of the Christopher Circle Water Tank . ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none ) Councilman Powers wondered if the Town at this time has any liability with respect to Virginia Erection Co . Mr . Buyoucos said that Virginia Erection Co . would have to be notified before the Toxin re-bids the painting of the tank . Supervisor Schwan said if the job is re° bid, this summer will be lost in terms of doing the job . rt would appear a little late in the season to get the work done this year even if advertising for , bids were done irunediately . Town Engineer Mr .. Fabbroni presented figures for signing Stone Quarry Road ° - speed limits , curve signs ( eight signs at $ 75 each or $ 600 , Cen- ter line painting would cost $ 150 per year ( probably would be done annually by the County ) . Supervisor Schwan said this expense could come out of the highway budget , Motion by Councilman Desch ; seconded by Councilwoman Raffenspergver , RESOLVED , that this Town Board hereby authorizes the expenditure of approximately $ 600 for signing Stone Quarry Road and approximately $ 150 per year for center line painting of Stone Quarry Road . ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none ) Town Board Minutes - 11 - July 11 , 1977 Councilwoman Raffensperger recommended that the Town Clerk notify the petitioners from Stone Quarry Road of this Board action . Mr . Fabbroni noted that this type of work doe 's not come under the State signing program like other signing specified in the Code . Water Pressure Problem on Snyder Hill Road . Mr . Fabbroni noted there is a property on Snyder Hill Road where the pressuke (water ) is excessive . They get a lot of . air . in the line because . ` they are at the end of the liner There is no blow-off at ' the end of the line and all the air goes . into the house service and when they . open the tap the water spurts : out . : ,. A re-hooking to the Hungerford ; Hill tank was suggested or installatiori �of an air control ( estimated cost about $ 1 , 000 ) . Councilman NicElwee. suggested the problem could be solved with a $ 10 air eliminator . Councilman Desch suggested finding out if there are two or three other houses with the same problem . He said it should be easy to bleed it off . Lyman Baker . Mr . Fabbroni noted that Mr . Baker has ' two prob- lems : UT the unfortunate sewer arrangement at his property , and ( 2 ) a problem with water coming across his property from across the road and up above . There was a question whether the first problem which the Town can do anything about or should do' anything about . It ,was agreed that a letter Would be written to Mr Baker. re- iterating what the Town ' s position in this matter : Supervisor Schwan was concerned with setting a : precedent in this matter . There might be a number of similar situations in the Town of Ithaca . 611th regard to the water problem it was generally agreed something would have to be done . Supervisor Schwan thought the simplest solution would be to open the ditch along the right of way . Mr . Fabbroni said this would not keep the water from coming down the road , but the Town could do some things which would ease the situation a little . He said the ultimate solu- tion 15 to re-grade the road . and open up the ditch in order to get the water going down the railway right-of-way . Mr . Buyoucos said it would require a petition from 50 % of the property owners to do that . Supervisor Schwan recommended going in now and fixing the road and then go through the legal procedures to take the road . Sewer Grant . Mr . Fabbroni reported that new eligibility regulations have been formulated with regard to the sewer grant re- quiring additional information which the Town has furnished . To date the archeological study has been approved ( prior to the new regulations ) , The chances of getting the grant still look favorable . A grant award is expected before September 30 ( clearing everything by the end of August , and then a 30-day waiting period . ) When the wait- ing period has expired , the grant will be announced . Building Permits . In the month of June building permits were issued for two 2 - .family dwellings , three 1 - family dwellings , and eight accessory buildings for a total of $ 203 , 700 , as compared to six 1�family dwellings and five accessory buildings in June of 1976 for a total of $ 274 , 725 . 10t?N7 TIIDE SEEDER IMPROVEMENT . SCHEDULING OF PUBLIC HEARING Town Attorney Buyoucos recommended that the Town Board con- duct a public hearing at its next meeting (August 8 , 1977 ) in con- nection with an increase in the maximum amount to be expended for this project from $ 970 , 000 to $ 1 , 200 , 000 . Town Board Minutes - 12 - July 11 , 1977 Motion by Supervisor Schwan ; seconded by Councilman Desch , RESOLVED , that this Town Board will meet on August 8 , 1977 , and will conduct a public hearing beginning at 7 : 15 p . m . to consider the adop-- tioh : of an order increasing the maximum amount proposed to be expend- edtfor' the proposed sexier improvement in the Town-wide sewer improve Mont ben.6fitted area in the Town of Ithaca from $ 970 , 000 to $ 1 , 200 , 000 , ( 6e1 ,Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Mays - none . ) PO)tT OF PLANNING BOARD CHAIRWOMAN flrs . . Bronfenbrenner reported . . . n At the meeting of the Town of :. Ithaca Planning Board on June 21 , 1977 Mr . Dinos Marinos of the , Spartan Inn ( formerly Dun-Rovin Motel ) at 658 Elmira Road presenteda proposal to . convert 13 of the motel units to efficiency apartmerits � These units are to be used by tourists and long term tenants : , Ntr . , Marinos pointed out that both the Wonderland and Gray- haven Motels have efficiency units ; apparently constructed without a permit . " The case was referred to the Zoniig Board of Appeals for further determination . " This presentation was followed by ' a discussion with two members of the Zoning Board of Appeals deaiing with the increased occupancy of residential structures . And . at our subsequent meeting on July 5 , 1977 Laura Holmberg , as attorney for Johann and Anna Gebauer , requested a zoning change from R- 9 to multiple residence district for the area on Coddington Road that lies between the city line and the Ithaca College access Road . " We and by this I do not mean only the Town of Ithaca or the City but also the State and the nation . . . must confront these new problems that have evolved due to changes in life style and family composition , and due to the increasing costs of energy and construction . The many appeals for a variance now coming before the Zoning Board of Appeals and the frequent . 2oning violations , many in flagrant disregard of Town rulings , are an indication like crime during prohibition that the Zoning Ordinance does not reflect the wishes and needs of the people . (The same can be said for the Sign Ordinance ) . At the same time " Collegetownization " ( sorry ) is spreading and causing the decay and decline of many neighborhoods . "lle must find solutions on two levels .* ( 1 ) - - solve the existing violations and zoning change and variance requests by finding equitable solutions for the individual situations as well as the .needs of the whole Town - - preferably not by spot- zoning or granting of variances to people , who have knowingly flouted the Zoning Ordinance . the Zoning Ordinances -- both old and proposed - - must be revised to incorporate a viable " occupancy unit " ( family? ) definition . ZriIe must find a way to deal with the problems that make multiple occupancy objectionable and not at the same time legislate against the right of people to live together as they wish . Some of the questions to be resolved area parking - - especially numberous cars on a property or street , including on front lawns or close to . adjoining buildings ; trash and litter removal ; noise ; deterioration and lack of upkeep of some properties , especially those operated by absentee landlords ; " permanent guests " , whose pres- ence often leads to over-occupancy and additional parking problems . Town Board Minutes - 13 - July 11 , 1977 "At the July 5th meeting a number of sign variance requests were discussed and approved ( see minutes for motions and delibera - tions ) . The Sign Ordinance is also in great need of revision . At present 50 % of the signs in the Town are illegal . Further study of this ordinance will take place at the July 19th meeting . . : The Planning Board also dealt with a request from , the Mormon Church to approve the operation of their annual camp near . Enfield Park . The church ' would like permanent approval of this project . =- requiring only yearly Health Department approval ( see minutes of July 5 meeting of Planning Board ) . ." APPOINTMENTS TO YOUTH BUREAU ? Councilwoman Valentino reported there are „ trio persons avail - able , and willing and able to serve on . tlie City of Ithaca Youth Bureau Board -- Mrs . Norman Howell , 120 Clover Lane , and Mr . Herbert Mahr , 103 Judd Falls Road . She recommended their appointment to fill the two vacancies on the Mouth Bureau Board . Motion by Supervisor Schwan ; seconded by Councilwoman Raffensperger , y . RESOLVED , that Mrs . Norman Howell of 120 Clover Lane and Mr . Herbert Mahr , 103 Judd Falls Road , are hereby appointed to fill the two vacan- cies on the City of Ithaca Youth Bureau Board . (Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none . ) APPEARANCE TICKETS Councilwoman Valentino reported she had talked with Town Attor- ney Buyoucos about " gaps " in the Town ' s dog ordinance . The ordinance does have a clause relating to appearance tickets ; however , it appears no appearance tickets have as yet been printed . Mr . Brothers of the SPCA has recommended waiting on printing these until Mrs . Livesay ' s committee has made a recommendation . Mrs . Livesay ' s committee has made a recommendation that all municipalities should use uniform ap- pearance tickets , leaving only a blank to fill in the name of the municipality . Councilwoman Valentino said the SPCA will issue the appearance ticket without a contract . She recommended that the Town appropriate sufficient money to print appearance tickets . Appearance tickets make it possible to cite a person for a violation and an ap- pearance before the justice , , which by-passes the more involved complaint procedure . , The SPCA issues an appearance ticket when they see a viola- tion , but4they do not usually pick up the dog . Motion by Councilwoman Raffensperger ; seconded by Councilman Desch , RESOLVED , that the Town of Ithaca hereby appropriates the sum of $ 100 for the printing of appearance tickets in connection with the Dog Con- trol Ordinance . ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none ) BOLTON POINT WAR MITS Motion by Councilman Desch ; seconded by Councilman McElwee , RESOLVED , that this Town Board , after review , and upon the recommenda- tion of the Southern Cayuga Lake Intermunicipal Water Commission that they are in order for payment , hereby approves the Bolton Point war- rants dated July 11 , 1977 in the amount of $ 30 , 009 . 30 in the Construc- tion Account and in the amount of $ 23 , 188 . 53 in the Operating Account . ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none . ) Town Board Minutes - 14 - July 11 , 1977 TOWN OF ITHACA WARRANTS Motion by Councilman McElwee ; seconded by Councilman Powers , RESOLVED , that the Town of Ithaca warrants dated July 11 , 1977 in the following amounts are hereby approved : General Fund . . . . . . . . . . . . . . . . . $ 202 , 474 . 74 Highway Fund . . . . . . . . . . . . . . . . . 19 , 864 . 05 Water and Sewer Fund 91932 . 32 ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Ayel Plays - none ) ADJOURNMENT The meeting was duly adjourned at 9 : 20 p . m . Edward , L . Bergen Town Clerk