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HomeMy WebLinkAboutTB Minutes 1978-04-10 4 / 10 / 78 REPORT of the Planning Board Vice - Chairman on April 4 , 1978 Meeting , 29 Board of Appeals since the area proposed for such rezoning does not meet the two acre requirement for a Business zone by one - half acre , with said Planning Board ' s concurrence in the proposal for re - zoning since the properties in question abutt a commercial zone in the City of Ithaca , and , further that if a variance to the requirements of the Zoning Ordinance should be granted by said Zoning Board of Appeals , the re - zoning be recommended for approval by the Town Board by said Planning Board , subject to the conditions that the site as proposed for commercial use have access from Coddington Road and meet drainage requirements set forth by the Town Engineer both as to the site itself and any impact upon the City of Ithaca adjacent . 4 . PUBLIC HEARING : Discussion of Proposed Agricultural District within the Town of Ithaca . After lengthy discussion , the Minutes of which the Town Board has already received , the Planning Board was in complete agreement that the following statement of consensus be rendered to the Town Board by said Planning Board .: THAT the Planning Board of the Town of Ithaca agrees with the essence of the intent of the Agricultural District , but , that the proposed Agricultural District should include only those areas of the Town of Ithaca in the proposed Agricultural District which are currently used for commercial agriculture , rented by commercial farmers , or have primary use potential in agriculture . 5 . PUBLIC HEARING : Discussion of Proposed Town of Ithaca Environmental Assessment Form . After lengthy discussion and comment as to the complexity of the form , the Planning Board resolved unanimously to recommend to the Town Board approval of . the proposed Town of Ithaca Environmental Assessment Form as presented to said Planning Board with minor technical changes in wording as discussed and deemed appropriate by the Town Engineer and staff . 6 . DISCUSSION of Development Proposal on Frandsen Lands in Eastern Heights , Town of Ithaca Tax Parcel 6 - 56 - 3 - 13 . ( A . Cappucci and Wm . Frandsen ) . After reviewing the history of this parcel and discussion of Mr . Frandsen ' s proposal for underground storm sewers and road development , the Planning Board agreed that Mr . Frandsen and Mr . Cappucci , with the guidance of Mr . Fabbroni , should get together and apply under Section 200 of the Town Law for the road development on this parcel . 7 . The Planning Board reviewed the following Sign Permit Applications and took the following action : 4 / 10 / 78 REPORT of the Planning Board Vice - Chairman on April 4 , 1978 Meeting . 30 ( a ) ROY ' S DINING ROOM - CARRY OUT ( East Hill Plaza ) 30 sq . ft , sign on 30 lineal feet . Planning Board unanimously recommended Town Board approval . ( b ) McGUIRE GARDENS ( Elmira Road ) 48 sq . ft . free - standing sign meets size requirements but not 15 ' set - back requirement . Planning Board unanimously recommended , based upon the recommendation of the Town Engineer , Town Board approval of a variance permitting this sign to be located 25 ' from the edge of the road and 35 ' from the centre of the road with the stipulation that said sign not be illuminated after dark . ( c ) CANDLEWYCK APARTMENTS ( Trumansburg Road ) 5 sq . ft . sign . Planning Board unanimously recommended Town Board approval with the stipulation that the sign be located out of the State right of way . ( d ) HAYLOFT APARTMENTS ( Danby Road ) 5 - 1 / 2 sq . ft . sign . Planning Board unanimously resolved its approval of this sign subject to Town Board approval of the 1 . 05 acre rezoning request to Multiple Family District and site plan approval . ( e ) OAK RIDGE ( Danby Road ) 50 sq . ft . sign . j Tabled until further action in re the Monkemeyer Cluster 1 Proposal . 1 q � TOWN OF ITHACA REGULAR BOARD MEETING April 10 , 1978 - 7 : 30 p . m . At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town of Ithaca Offices at the Coddington Road Community Center , on the 10th day of April , 1978 at 7 : 30 p . m . , there were PRESENT : Noel Desch , Supervisor Catherine Valentino , Councilwoman Shirley Raffensperger , Councilwoman Gust L . Freeman , Jr . , Councilman ALSO PRESENT : John C . Barney ( Buyoucos & Barney ) Lawrence P . Fabbroni , Town Engineer /Building Inspector Robert Parkin , Highway Superintendent Gertrude H . Bergen , Deputy Town Clerk Nancy Fuller , Deputy Town Clerk Robert Bonnell , Assistant to Town Engineer Henry Aron , Town of Ithaca Planning Board Barbara Restaino , Town of Ithaca Planner Beverly Livesay , County Representative Joseph Gentili , County Planning John R . Radzik , Ceracche TV ( ATC ) Stewart Knowlton , East Hill Plaza David Cassel , President , East Ithaca Association Jean Baker , 257 Pennsylvania Avenue Lyman Baker , 257 Pennsylvania Avenue Arthur L . Berkey , 128 Christopher Circle Mr . and Mrs . Howard W . Merson , 123 Rich Road Helen Philips , 252 Pennsylvania Avenue Jeanne White , 102 Updike Road Representatives of the Media : Robert Lynch , WTKO ABSENT . Andrew W . McElwee , Councilman Victor Del Rosso , Councilman Robert N . Powers , Councilman PUBLIC HEARING - 7 : 30 P -.'M . ACCESSORY BUILDING - BELL ' S CONVENIENCE GROCERY STORE - 620 ELMIRA ROAD The Town Clerk having presented proof of posting and pub - lication of notice of public hearing to consider approval of the addition of an accessory building for Bell ' s Convenience Grocery Store at 620 Elmira Road , Ithaca , New York , Tax Parcel No . 6 - 33 - 3 . 34 , the Supervisor opened the hearing . Mr . Fabbroni illustrated with map the physical layout of the proposed accessory building . He noted that it meets the zoning requirements and has been recommended for approval by the Town Plan - ning Board . t Town Board Minutes - 2 - April 10 , 1978 No persons wishing to be heard for or against this proposal , the Supervisor closed the hearing , and the Board acted as follows . Motion by Councilwoman Raffensperger ; seconded by Councilman Freeman , RESOLVED , that this Town Board hereby approves the site plan , as presented , for an accessory building to Bell ' s Convenience Grocery Store at 620 Elmira Road , Ithaca , New York , Tax Parcel 6 - 33 - 3 . 34 . ( Desch , Valentino , Raffensperger , and Freeman all voting AYE . Nays - none } APPROVAL OF MINUTES The Town Clerk presented the minutes of February 13 , 28 ; March 13 , 27 , 1978 for approval . The Supervisor noted several cor - rections in the Minutes of March 13 , 1978 . Motion by Councilman Freeman ; seconded by Councilwoman Valentino , RESOLVED , that the minutes of February 13 , 29 , March 13 ( as corrected ) and March 27 , 1978 are hereby approved . ( Desch , Valentino , Raffensperger , and Freeman voting Aye . Nays - none ) REPORTS . OF TOWN OFFICIALS Mr . Fabbroni reported issuing a building permit for one one - family home and building permits for two accessory buildings in March of 1978 for a total of $ 48 , 000 of construction , as against five one - family units and three accessory buildings in March of 1977 for a total amount of $ 174 , 250 of construction . Mr . Fabbroni reported there were three sign permits which required Town Board approval ; ( 1 ) Roy ' s Dining Service ( East Hill Plaza ) , ( 2 ) McGuire Gardens ( variance ) , and ( 3 ) Candlewyck Apart - ments ( variance ) . Consideration of approval of these signs was held for later in the meeting . Mr . Parkin reported that the Highway Department has been doing routine spring maintenance for the last month , converting equipment from winter to spring , and working on road shoulders and ditches . Henry Aron read the Town Planning Board report , as follows : ( See attached ) Town Board Minutes - 3 - April 10 , 1978 Supervisor ' s Report The Supervisor noted the large number of meetings had by the Town Board recently , sometimes twice a week . He said this resulted in part by the speed with which the Agricultural District proposal had to be considered . The Supervisor reported that he receives the largest number of calls from the constituency with respect to dog control problems , a few calls .regarding highway problems , some calls with respect to traffic control , and a number of calls having to do with junk cars and other types of junk in yards and side yards . He noted also there is now before the Legislature a proposed new law having to ' do with dog control involving a computerized registration of dogs ( something like automobiles are registered now ) . Mrs . Livesay noted that the County Board of Representatives has adopted a resolution supporting this legislation and urging its passage . She said the new law will allow more flexibility to muni - cipalities to work out dog control problems . It would allow license fees to be set at the local level . Voices from the floor agreed with the Supervisor that there are problems with dog control , speeding cars on Pennsylvania Avenue and Kendall Avenue , junk cars and other forms of junk which attract vermin and are a health hazard . The Supervisor read letter from Mr . and Mrs . Howard Merson , 123 Rich Road , complaining of the keeping of animals ( horses ) in a residential district . After some discussion , it was agreed that this would have to be taken into consideration when the new Zoning Ordinance is made final with respect to how much restriction there ought to be in an R- 30 zone . The number of animals is now restricted only in R- 15 . REPORTS OF COUNTY REPRESENTATIVES Mrs . Livesay reported that at a meeting of the County Board of Representatives two weeks ago a resolution was adopted approving an extra person for the Sheriff ' s position . Mrs . Livesay noted that the County Board of Representatives has been having reports at their meetings from different department heads , and the most recent one was from the Commissioner of Mental Health . At that meeting it was suggested that he might sit in on meetings of town boards and fill them in on what is going on in Tompkins County in the field of mental health . There is a report now out , for 1977 , which demonstrates the use of mental health facilities in Tompkins County . She noted that the statistics indicate that at Meadow House the Town of Ithaca provides 9 . 7 % of the clients when the Town of Ithaca is 19 . 20 of the County popu - lation , but that in the Mental Health Clinic the Town of Ithaca accounts for 26 . 10 of the clients . PERSONS TO BE HEARD Arthur L . Berkey , 128 Christopher Circle , reported that the traffic problem continues on Christopher Circle and Christopher Lane . He inquired whether , if the community makes a proposal for a stop light , they should address the proposal to the Town Engineer . He was advised that was the way to do it . Mr . Berkey inquired whether anything had been done in terms of traffic control since $ 17 , 000 had been budgeted for that purpose . Supervisor Desch noted that the Town will be purchasing 9y Town Board Minutes - 4 - April 10 , 1978 two traffic counters soon , that in the meantime the Town has borrow- ed some of the County counters so that it can properly draw the specifications . Mr . Berkey inquired whether the counting had begun yet . Councilman Freeman answered that the committee charged with this matter met last week and established priorities on where to start the counting . The counting will begin in the immediate future . Among the locations for counting are Pine Tree Road , Coddington Road , Judd Falls Road , Hanshaw Road , and Warren Road . Mr . Berkey said his primary concern is excessive speed in the Christopher Circle and Christopher Lane area . He said fines have not helped very much . Councilman Freeman said the survey in progress involves not only traffic counting but the matter of excessive speed also . With respect to the five - area sewer project , Mr . Berkey urged the Town Board to prepare a budget and financial statement specifying all the facts , particularly how the borrowing will be repaid . The Supervisor said such a statement is already available and that this matter will be covered later in this meeting . Mr . Berkey expressed concern over the equity of charges for water services exchanged between the City of Ithaca and the Town of Ithaca , as a result of the different rates charged by the City and by the Bolton Point system . This led to discussion of emergency situations , City/Town negotiations , and certain imponder - ables , making the discussion inconclusive . PUBLIC HEARING - 8 : 30 P . M . SITE PLAN PROPOSAL FOR A SELF - SERVICE GAS STATION Mr . Stuart Knowlton appeared before the Board to explain the proposal , using blueprints . The traffic pattern to the proposed self - service gas station runs all of the traffic off Judd Falls Road and Ellis Hollow Road in a circle which will funnel it into the park - ing lot or out on to Judd Falls Road (which is the recommendation of the Town Planning Board , Mr . Knowlton said ) . A photo kiosk is also part of the proposal . Mr . Knowlton said he believed the proposal is in accordance with the zoning requirements . He hoped that any re - quired traffic direction signs would not be counted against their regular signage on the East Hill Plaza . Councilwoman Raffensperger noted that the Town Board passed a resolution in the fall of last year that the Town would not approve anything on this corner lot having more than one curb cut , as a safety consideration . She recalled that in 1968 the original re - zoning of the corner was contingent upon the improvement of the safety of what was then called " a traditionally hazardous intersection . " She felt the Town must first do something about the intersection before any other development there . She said she did not think those intersections can safely handle a greater volume of traffic . Mrs . Livesay agreed with Councilwoman Raffensperger that the greatest concern is safety at the intersection . She said this development is not needed in the neighborhood . Supervisor Desch said that the traffic problem at this intersection has been a recognized one for a long time , and has not improved in the last ten years . On the other hand , he noted -/ �r Town Board Minutes 5 - April 10 , 1978 these are two County roads and the County has a certain responsi - bility to work with the Town to resolve the convergence problem . The ultimate solution is a bypass between Ellis Hollow Road and Route 366 . The Town cannot put itself in the position of turning down every proposal which is presented for that corner . The Super - visor said the present proposal is more realistic than those seen in the past . Councilwoman Raffensperger said that the Town Board must at some point refuse to approve any further development on the corner until the problem of safety with the intersection is solved . Mr . Fabbroni pointed out that about three years ago the County hired a consultant and did a cross - town road study which was turned down by East Ithaca and other areas of the Town as not being the solution . A proposal for a connecting road between Route 366 and Pine Tree Road was made as a scaled down version of the cross- town road . That proposal died at the County Planning Board level . Mr . Fabbroni noted that the next step was his East Ithaca traffic study . And , finally , this year , discussions were initiated with the County and with Cornell University , with the University raising certain objections . Mr . Fabbroni said his recommendation was that this corner not be fixed to relocate Pine Tree Road , it would be a waste of money to improve that intersection . Mr . David Cassel , President , East Ithaca Association , expressed concern over the signs which might be required , since , in his esthetic view they are one of the " tackiest " things around gas stations . He recommended that the Board pay careful attention to the signs and make sure the sign ordinance is being taken into account . Mr . Knowlton said no exceptions to the sign ordinance would be asked for . Mr . Cassel said the curb cut on Ellis Hollow Road is , in his mind , the worst feature of the proposal . He said it was not obvious to him that that is required . He said that until Pine Tree Road is moved , that would be a very dangerous thing , no matter how the Town Engineer works to get a cut which discourages people from coming that way until it is proved it- is necessary for the gas station . He recommended not approving the entrance from Ellis Hollow Road and saving it as an option which could be approved when Pine Tree Road is relocated . Otherwise , it will be dangerous . Supervisor Desch asked Mr . Cassel if he were endorsing the proposal . Mr . Cassel said , " Not necessarily . It is likely it will be approved and I am trying to get the best deal I can out of it . " Mr . Aron , in answer to a remark that if the gas island were to be a failure the area would then remain only as an eyesore , said that it would not become an eyesore , and he quoted from a Planning Board resolution requiring that should the business fail and cease to be operated the pump island and underground installations to be removed . There was some further discussion , for the most part concerned with the entry off Ellis Hollow Road and the traffic pattern which would be created , and whether the entrance could be legally enforced as one way ( off Ellis Hollow Road ) . No other persons wishing to be heard , the Supervisor closed the hearing . In view of the fact that certain questions were unresolved at this meeting and the further fact that three of the Board members were not present , the Town Board acted as follows : I '✓ Town Board Minutes - 6 - April 10 , 1978 Motion by Supervisor Desch , seconded by Councilman Freeman , RESOLVED , in consideration of the fact that there are a number of unresolved problems with respect to ingress and egress , traffic pattern , intersection safety with respect to the proposed self - service gas island and photo -kiosk , and in further consideration of the fact that three Board members are not present at this meeting , that action on the proposal be tabled until it can be reviewed by the full Board . ( Raffensperger , Freeman , Valentino and Desch voting Aye . Nays none ) REVIEW OF SEWER PROJECT BIDS ( FIVE -AREA ) Supervisor Desch stated with respect to the five - area sewer project that seven bids were received , that the low bidder was Stever Brothers of Endwell with a bid of $ 908 ,. 553 . 50 . There is in hand a preliminary budget from the engineers ( Lozier Engineers ) indicating a total project budget of $ 1 . 5 million . The Supervisor read the following proposed notice of public hearing for publication on April 11 , 1978 : " TOWN -WIDE SEWER IMPROVEMENT - INCREASE IN MAXIMUM AMOUNT PROPOSED TO BE EXPENDED PLEASE TAKE NOTICE that the Town Board of the Town of Ithaca will conduct a public hearing . at a Special Meet - ing on April 21 , 1978 at 7 : 30 p . m . at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , to consider the adoption of an order increasing the maximum amount proposed to be expended for the proposed sewer improvement in the Town-wide sewer improvement benefited area in the Town of Ithaca from $ 970 , 000 . 00 as originally approved , and from $ 1 , 200 , 000 . 00 as subsequently approved , to $ 1 , 500 , 000 . 00 , and to hear all persons for or against said increase . " Supervisor Desch reviewed that the Town of Ithaca originally started this project in 1972 . The original engineering estimate for the project was $ 970 , 000 . In the ensuing years the Town encountered changes in the requirements of the Environmental Protection Agency . Fortunately , the Town was able to cope with these changes ( some of them last minute changes ) and was also able to secure an EPA grant which will pay for 75 % of the eligible items within the project . The project was first bid in January of 1978 and three bids were received . The lowest bid received was approximately $ 400 , 000 higher than the bid received last week . The Town Board decided it was not appropriate for the taxpayers of the Town to pay for a severely in - flated bid ( the first bid in January ) and agreed to reject all the bids and bid the project again . Supervisor Desch said the Town now has what it considers a representative and competitive bid and a con - tractor who will do a quality jobs and that the project can now be pursued very close to the original budget . Since the local share to be borrowed at this time ( $ 500 , 000 ) is well below the amount the Department of Audit and Control originally approved it is not necessary at this time to obtain further approval from the Department of Audit and Control . Supervisor Desch said that it. is the desire of this Board to proceed on the basis that it is in the best interests of the Town , and within the approvals of Audit and Control , EPA , and DEC , to raise the total project budget figure from $ 1 . 2 million to $ 1 . 5 million . All pertinent information with respect to the project will be presented at the proposed public hearing on April 21 , 19780 97 Town Board Minutes - 7 - April 10 , 1978 Motion by Supervisor Desch , seconded by Councilwoman Valentino , RESOLVED , that the foregoing notice is approved and shall be pub - lished in the Ithaca Journal on April 11 , 1978 . ( Desch and Valentino voting Aye . Raffensperger and Freeman abstained ) The motion , therefore , failed . Councilman Freeman recommended that the hearing be held on April 24 . Mr . John C . Barney explained that because of certain legalities it was essential to have the hearing on April " 21 . If the hearing is delayed until April 24 , the contract cannot be signed until May 24 , and the bids expire on May 21st of 22nd . Councilwoman Raffensperger said she would have wished that the Board had more time to consider the matter . There was also some dissatisfaction with the 5 : 15 p . m . hearing time . Mr . Berkey recommended that the hearing be held at 7 : 30 p . m . After some further discussion with respect to timing both as to date and hour , the Board acted as follows : Motion by Councilwoman Raffensperger ; seconded by Councilman Freeman , RESOLVED , that this Town Board hereby approves the notice of public hearing above , with a change of the hour from 5 : 15 p : m . to 7 : 30 p . m . ( Desch , Valentino Freeman and Raffensperger voting Aye . Nays - none ) PENNSYLVANIA AVENUE TOPOGRAPHIC SURVEY Supervisor Desch reported that the Town has considered improving roadways and d3_• ainage in the Pennsylvania Avenue area . To date the Board has been encouraged to hold off on a definitive solution since there is a difference of opinion by the residents in the area as to the solution to the problem . Supervisor Desch proposed that the Town Engineer be authorized to conduct a topographic survey which will show exactly what the problems are in terms of drain - age , grades , location of buildings , to determine whether a roadway can be provided without devaluing property in the process . There was a complaint in the audience that the older residents of the area had purchased their lands in reliance on the old Ithaca Land Company map ( 1895 - Carl Crandall survey ) , that others have since come in and set out stakes and usurped portions of their land without reference to the Ithaca Land Company map . Supervisor Desch , in response , said this points up his feeling that a survey is required to pin down the exact situation . Mr . Berkey inquired whether it was intended to make changes in the basic orientation of the original map . Supervisor Desch said it would be necessary to look at what has been developed in the area and also to look at that in relation to the map as filed . Another landowner in the area commented that the abandoned railroad was leased to the DE& W for 99 years and that in case of abandonment it was to revert to the property owners . He said this land has now been turned over to the New York State Electric & Gas Corporation and in the winter time it has become a " regular Indianapolis 500 with snowmobiles . " He said he did not understand , it being in his deed that this property reverted to the property owners , why someone else can come in and usurp it . It was agreed that the Town Engineer would proceed with the topographic survey with all possible speed . 9 � Town Board Minutes - 8 - April 10 , 1978 BIDS ON FRONT END LOADER Mr . Robert Parkin , Highway Superintendent , noted that three or four months ago the Highway Department was authorized to receive bids on a front end loader . He said he will be trying out several different , machines and will be considering several different ways to bid . He will be working with suppliers and the Town attorney , and the Town Engineer to prepare a final draft of the bid forms . These should be ready within two weeks . AGRICULTURAL DISTRICT Supervisor Desch reviewed that at the Town Board meeting on April 5 , 1978 , a resolution was adopted offering to make an al - ternate proposal to the County with respect to Agricultural District No . 6 . He said he has now prepared a position paper in this matter which has been reviewed by the Town Board . ( This position paper is made a part of the master copy of these minutes . ) The Supervisor asked for a motion to accept and submit to the County the Town of Ithaca ' s alternate proposal with respect to Agricultural District No . 6 , as modified . Motion by Councilwoman Raffensperger ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board hereby accepts and recommends that the Town ' s alternate proposal , as modified , with respect to Agricultural District No . 6 be submitted to the County of Tompkins . ( Freeman , Desch , Raffensperger , and Valentino voting Aye . Nays none ) SPRING CLEAN -UP DAY Motion by Councilwoman Valentino ; seconded by Councilman Freeman , RESOLVED , that May 1 , 1978 is hereby set as Spring Clean - Up Day for the Town of Ithaca for the year 1978 . ( Freeman , Valentino , Desch and Raffensperger voting Aye . Nays - none ) REVIEW OF SEQR CHECK LIST Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that this Town Board hereby approves the State Environmental Quality Review check list , as drafted , contingent upon review by the Town Attorney , and that said list be adopted within the next ten days . ( Freeman , Valentino , Desch , and Raffensperger voting Aye . Nays - none ) REVIEW OF STATUS OF TV CABLE FRANCHISE Councilwoman Valentino reported that there was a formal meet - ing of the Cable Commission on March 30 , that they moved the adoption of the model draft of the TV franchise . They are now asking the towns and villages to adopt the common franchise . They hope for formal adop - tion of the franchise by June 30 . She said there is no need to take any action at this time . All the Board members will be furnished with copies of the draft for review . Supervisor Desch recommended that the public hearing be re - opened at the May 8th meeting . 99 Town Board Minutes - 9 - April 10 , 1978 Councilman Valentino reported that the Review Committee of the Cable Commission has reviewed with ATC the $ 2 . 00 increase to HBO customers . The whole Commission has not reviewed this but the Review Committee recommends acceptance of the $ 2 . 00 increase for the new service . The installation of the extra channel con - verter is also new , the installation charge being $ 10 . 00 . The rental of the converter will be a maximum of $ 40 . 00 . At the present time $ 30 . 00 is being charged . The Supervisor said the Board members should all have a copy of the changes outlined by Councilwoman Valen - tino . Mr . Barney noted it would be necessary to have a separate pub- lic hearing if the Town intends to adopt any specific additional charges . BOLTON POINT WARRANTS Motion by Supervisor Desch , seconded by Councilman Freeman , RESOLVED , that this Town Board , upon recommendation of the Southern Cayuga Lake Intermunicipal Water Commission that they are in order for payment , and after review , hereby approves the Bolton Point war - rants dated April 10 , 1978 in the amount of $ 15 , 070 . 06 in the Operat - ing Account . ( Freeman , Raffensperger , Valentino , and Desch voting Ave . Nays - none ) TOWN OF ITHACA WARRANTS Motion by Councilman Freeman , seconded by Councilwoman Valentino , RESOLVED , that the Town of Ithaca warrants dated April 10 , 1978 in the following amounts are hereby approved : General Fund $ 24 , 413 . 97 Highway Fund . . . . . . . . . . . . . . . . . . 7 , 666 . 09 Water and Sewer Fund . . . . . . . . . . 51 , 698 . 52 ( Freeman , Raffensperger , Valentino , and Desch voting Aye . Nays - none ) REPORT OF CODES AND ORDINANCES COMMITTEE The report of the Codes and Ordinances Committee is attached to the master copy of these minutes in the Town minute book . This report was read by Barbara Z . Restaino , Town Planner . She noted that the next meeting of the Committee is on April 24th and the Committee will need written comments on the report by that time . Mr . Fabbroni emphasized that the Codes and Ordinances Committee needs direction from the whole Town Board at this time . Supervisor Desch recommended a joint meeting of the Town Board , the Planning Board , and the Zoning Board of Appeals . This was agreed upon , an appropriate date to be selected . COY GLEN PROJECT Councilwoman Raffensperger reported that it is necessary for the Supervisor to execute the Coy Glen compliance form with ., respect to barring discrimination in the use of the facility on the basis of race , creed , sex , etc . Motion by Councilwoman Raffensperger ; seconded by Councilwoman Valentino , RESOLVED , that this Town Board hereby authorizes application to Heritage Conservation and Recreation Services for 50 % matching funds for the 1roposed Coy Glen project , and it is FURTHER RESOLVED that the Supervisor of the Town of Ithaca is hereby duly authorized to execute and submit such application on behalf of the Town of Ithaca . ( Freeman , Valentino , Raffensperger and Desch voting Aye . Nays - none ) l UU Town Board Minutes - 10 - April 10 , 1978 Councilwoman Raffensperger reported that the Federal government will be requiring new property assessments of the lands in the Coy Glen project , that it will be necessary to authorize an increase in the amount appropriated for property appraisals by $ 3 , 750 . The funds would be taken from the Park Reserve Fund . Motion by Councilwoman Raffensperger ; seconded by Councilwoman Valentino , RESOLVED , that an additional $ 3 , 750 . 00 be approved for new appraisals of the properties involved in the Coy Glen project , said funds to be appropriated from the Park Reserve Fund . ( Raffensperger , Desch , Valentino and Freeman voting Aye . Nays - none ) ITHACA-FREEVILLE ABANDONMENT Councilwoman Raffensperger reported that she attended a meeting of the County Public Works Committee and other municipalities with regard to the East Ithaca -Freeville abandonement . She said the County Planning Board has asked the Ithaca Town Board to com- municate to them the Board ' s willingness to work with other planning boards and other municipal boards , and the County Planning Department and County Environmental Management Council . Motion by Councilwoman Raffensperger ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca affirms its intent that the Town of Ithaca Planning Board shall pursue multi - purpose use planning for East Ithaca Freeway in cooperation with the planning boards of other involved municipalities , County Plan - ning - Oepartment , and the Environmental Management Council . ( Freeman , Raffensperger , Valentino , and Desch voting Aye . Nays - none ) RE -APPOINTMENT TO ZONING ' BOARD OF APPEALS Supervisor Desch reported that Jack Hewett is willing to serve another five - year term on the Zoning Board of Appeals . Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that Jack Hewett , 1518 Slaterville Road , be re - appointed to serve an additional five -year term on the Zoning Board of Appeals commencing , retroactively , January 1 , 1978 . ( Desch , Freeman , Valentino and Raffensperger voting Aye . Nays - none ) REPORT OF JOHN C . BARNEY ( Buyoucos & Barney ) Mr . Barney reported that his office had submitted a motion to dismiss the Muka case . It is returnable May Bth . His office will be arguing the case in Syracuse , New York on that day . SIGN APPROVALS Mr . Fabbroni recommended sign approvals for Roy ' s Dining Room - Carry Out ( East Hill Plaza ) , McGuire Gardens ( Elmira Road ) , and Candlewyck Apartments ( Trumansburg Road ) , the first requiring no variance , the latter two requiring a variance . tol Town Board Minutes - 11 April 10 , 1978 Motion by Supervisor Desch , seconded by Councilwoman Valentino RESOLVED , based upon the unanimous recommendation of the Planning Board and the recommendation and the Town Engineer , the Town Board hereby approves sign ( 30 sq . ft . on 30 lineal feet ) of Roy ' s Dining Room/Carry Out , East Hill Plaza , as proposed . (Desch , Valentino , Raffensperger and Freeman voting Aye . Nays - none ) The Town Board next considered the McGuire Gardens sign . This is a 48 sq . ft . free - standing sign which meets the size require - ments but not the 15 foot set- back requirement . A variance , there - fore is required . The Planning Board unanimously recommended approval of this sign , based upon the recommendation of the Town Engineer . Motion by Councilman Freeman ; seconded by Councilwoman Raffensperger , RESOLVED , that this Town Board , based upon the unanimous recommenda - tion of the Planning Board and the recommendation of the Town Engineer , and its own review , hereby approves a variance permitting the McGuire Gardens sign ( Elmira Road ) to be located 25 feet from the edge of the road and 35 ft . from the center of the road , with the stipula - tion that said sign not be illuminated after dark . (.Desch , Freeman , Valentino , and Raffensperger voting Aye . Nays none ) The Board next considered the Candlewyck Apartments sign ( Trumansburg Road ) . Motion by Councilman Freeman ; seconded by Councilwoman Valentino , RESOLVED , that this Town Board , based upon the unanimous recommenda - tion of the Planning Board , the recommendation of the Town Engineer , and their own review , hereby approves a variance permitting the Candlewyck Apartments sign ( 5 sq . ft . ) , with the stipulation that the sign be located out. of the State right of way . ( Valentino , Desch , Freeman , and Raffensperger voting Aye . Nays - none ) WATER REFUNDS Mr . Ray Thomas , Bolton Point Clerk , has recommended three refunds of water billings . Motion by Supervisor Desch ; seconded by Councilman Freeman , RESOLVED , that the following refunds of water billings be made : ( 1 ) to Peter F . Stage , 923 Danby Road , in the amount of $ 73 . 64 , based upon a misreading of the water meter ; ( 2 ) to Randall L . Jones , 205 Salem Drive , in the amount of $ 62 . 72 , based on a duplicate pay - ment , and ( 3 ) to Wade Schutte , 1581 Slaterville Road , in the amount of $ 19 . 16 based upon a duplicate payment by the customer . ( Freeman , Desch , Valentino , and Raffensperger voting Aye . Nays - none ) Councilman Freeman inquired why , each month , there appear to be errors in meter readings or duplicate payments . Supervisor Desch stated that considering that the Bolton Point plant is dealing with some 9 , 000 customers in the system , that the number of errors and required adjustments are well within the margin of error . log Town Board Minutes - 12 - April 10 , 1978 EXECUTIVE SESSION The Board duly :retired into executive session . After the executive session the Board reconvened in open session for the transaction of any remaining business . ADJOURNMENT There being no further business to conduct at this time , the meeting was duly adjourned . Edward L . Bergen Recording Secretary REPORT OF CODES AND ORDINANCES COMMITTEE TO : TOWN BOARD FROM : Mr . Robert Powers , Chairman ; Mr . Victor Del Rosso , Mrs . Liese Bronfenbrenner , Mr . Peter Francese , Members , Mr . Lawrence Fabbroni , Ms . Barbara Restaino , Staff Members After careful consideration , the Codes and Ordinances Committee feels that the issues which have arisen pertaining to the revision of the Zoning Ordinance should be brought to the attention of4 the Town Board . The current Zoning Ordinance , adopted in 1968 , has withstood the test of time , but it does not address the present change in social and economic patterns . The 1976 proposal is now the basis for the revised ordinance . Mr . Powers has outlined several reasons why the Committee is using the 1976 draft : 1 . The 1968 ordinance was the basis of the 1976 proposal , which reflects amendments , changes of minds , and changed economic and living patterns . 2 . Substantial amounts of time and money were invested in the document and decisions by the . Town and Planning Boards were given considerable thought . 3 . Definitions are more precise . 4 . There is no indication that the 1976 proposal ignores the lessons learned from the 1968 ordinance . Most members of the Committee agree that several important factors have become obvious since the drafting of the 1976 ordinance and that the basis of the Town ' s new ordinance should be re - evaluated . Mr . Francese has pointed out several trends which appear to have Jong range implications and which were not taken into account in the 1976 draft . The first is the change in demographic patterns in New York State . According to the latest Bureau of Census popula - tion estimates and projections , employment and population growth in the State is below the national average , with an increase of 1 . 9 % as compared to 4 . 8 % for the nation . This indicates that the Town will not grow at the rates experienced during the 60 ' s and early 70 ' s . Secondly , families are becoming smaller and household size is diminishing , with 50 % of all households consisting of either one or two persons . There are fewer children and more elderly people , young couples without children and single people who maintain their i i I 2 - own households . The age profile will change over the next five to ten years , the largest group being 25 to 35 year olds . This age group will increase 15 % by 1980 , while the proportion of elderly people will increase somewhat . These factors indicate that there will be a growing demand for smaller homes and dwel - ling units such as two - family homes , apartments , condominiums and townhouses . The large student population in the Ithaca area adds to the demand for multiple dwelling units . The change in the economic situation and the housing market has also influenced the type of housing which is needed . Few people , particularly young people , can now afford the cost of a conventional single - family home . The cost of building a new home in Tompkins County has risen 62 % in the past five years . In addition , Mr . Francese has stated that property taxes have become burdensome and the new ordinance should give careful con - sideration to ways of making the Town a less expensive place to live . Mrs . Bronfenbrenner is also concerned with the changing demographic patterns and the: broad category of social issues which relate to the new Zoning Ordinance . A basic principle which needs discussion is responsibility of the Town to institute a zoning ordinance which considers housing and service needs of all population groups . Does the Town wish to deal with such issues as group homes , day - care centers , elderly housing , public transportation , etc . ? At the Annual Meeting of the Association of Towns during i February , the trend toward State control in the area of land use was brought up by several speakers . Since these problems are region - al in nature , the State already has State -wide land use regulations ; 1 fresh water wetlands regulations , flood insurance program , agricul - tural district law , mined land reclamation law , and the State Environ - mental Quality Review Act . The State or County may intervene in ` areas of critical concern such as the provision of adequate low and moderate income housing . In the future , localities may be held accountable for regional needs and the general welfare . i Recently , Ms . Restaino has had conversations with Mr . Richard Boos of the Division of Community Affairs , State Department , and has been advised that the Town ' s zoning powers would not be } questioned unless there were excessive restrictions on the various I types of housing for the different economic groups . She received information that it was not the State ' s intention to usurp local zoning control . II i - 3 - An additional consideration is the need for economy in the expansion of municipal services . Mr . Powers has introduced the suggestion that new development occur along established utility lines and near community facilities . According to a recent study , the cost of " sprawl " is the most expensive form of resident develop - ment in terms of economic costs , environmental costs , natural re - source consumption and many types of personal costs such as the inaccessibility of neighborhood services . Planned development at higher densities can reduce total capital costs borne by local government as much as 62 % because the costs of roads and public utilities are lowered . Total per dwelling unit capital costs ( including. residential , open space/ recreation , schools , roads , utilities and land ) range from $ 48 , 900 for single - family conventional housing at two units per acre , to $ 20 , 700 for high- rise apartments at ten units per acre . The amount of land required is substantially less for higher density development . In addition , less woodland would be cleared , minimizing adverse im- pacts on the environment and more open space would be preserved . The 1976 document eliminates the R- 9 district completely , and it stipulates a 30 % ceiling on high density development in each neighborhood . This may prevent growth near established utilities , shopping and community facilities , while encouraging growth in outlying areas of the Town . The current trend toward to tment suburban sprawl " is documented in the Tompkins County Depar of Planning Comprehensive Plan Studies . The " Selective Communities Plan " is an alternative to the sprawl pattern and emphasizes that growth occurs where utilities and neighborhood services are avail - able , while leaving open space and rural areas undeveloped . _ Clustering and reducing the minimum frontage requirements in areas which have sewer and water presents a more economical method of development and also saves open . space . More compact housing such as zero lot line duplexes and townhouses use less land and services for the amountoof people accommodated , while offering an affordable type of housing . Small commercial areas which serve immediate neighborhood needs and are located away from main highways are an alternative to strip development . Mrs . Bronfenbrenner has introduced some legal matters which the new Zoning Ordinance must address . It must be based upon a comprehensive plan and must be reviewed by the County . The recent State Environmental Quality Review Act requires that a major zoning revision be accompanied by an environmental review , and that new policies consider environmental values . In addition , State codes governing energy efficient construction may have to be dealt - 4 - with . Mrs . Bronfenbrenner also feels that it is important to go to the public with the " purpose and intent " section of the Zoning Ordinance after the Town and Planning Boards have dis - cussed these matters . Mr . Del Rosso believes that the Committee has misconstrued its task and is looking at the principles underlying the whole Zoning Ordinance , rather than amending small areas . He does not see any glaring oversights in the 1976 document and feels that it addresses many of the Committee ' s current concerns . The Committee intends to proceed with the areas of the 1976 draft which present the least apparent difficulties . As the specific districts are finished , these sections will be given to the Town Board , Planning Board and Town Attorney for review and comment . This process seems preferable to waiting until the entire document is completed . The information will be presented in the following sequence . 1 . Agricultural Zone District 2 . Mobile Home Park District 3 . Institutional Use District 4 . Special Flood Hazard District 5 . Industrial Districts 6 . Business Districts 7 . Residential Districts - - - _ - - As requested by the Supervisor , the Committee is aiming to complete work on the new Zoning Ordinance by September 1 , 1978 . At this time , the Committee is seeking direction from the Board and requests its opinion on the issues which have been discussed . A re - evaluation of some of the basic principles underlying the new Zoning Ordinance may be necessary and may take additional time . Comments from the Board , both individually and collectively are welcomed . i w TOWN OF ITHACA ALTERNATE PROPOSAL AGRICULTURAL DISTRICT NO . 6 APRIL 10 ,• 1978 Towns of Ithaca , Enfield , and Newfield The Town Board of the Town of Ithaca became aware of consideration being given to the creation of Agricultural District No . 6 on March 13 , 1978 through our County Representative Mrs . Beverly Livesay . Mrs . Livesay reported at our regular Town Board meeting that she had been made aware of the proposal via Mr . James Ray ' s statement to the County Board of Representatives the same day . The first specific information concerning the District was revealed in the Ithaca Journal on March 13 , 1978 . ' Subsequently , on March 16 , a formal notice was published in the legal notice column of the Ithaca Journal . Such notice indicated the necessity for modification proposals - to be filed by April 16 , 1978 . On March 20 , Town Supervisor Noel : .Desch requested input from the Agricultural District Development Committee by letter to Mr . James Ray , Chairman . A copy of this letter is attached . Coincident with the Town ' s re - quest , Mr . Gary Evans , Senior Planner of the County Planning Office , provided more detailed maps of the overall District on approximately March 20 . The maps delineated those properties within the proposed District owned or leased by the farmers who petitioned for the formation of the District . In the Town of Ithaca , petitioners ' land represents 24 . 5 % of the land area included in the . proposed District . On March 27 , Mr . James Ray , Chairman of the Agricultural District Committee , came to the Town Board meeting to explain the general purpose of the law and how it relates to the specific con - cerns of the petitioners . He further indicated that the proposal had been in the development stage for several years and that par - _ ticipation of Town of Ithaca farmers throughout this development has been insignificant . In spite of two formal meetings of the Town Board , a pub - lic hearing by the Town Planning Board , discussions with Ithaca residents , farmers , and members of the Agricultural District ' v r - 2 - Committee , no answers have been forthcoming as to why 4 , 391 acres of land beyond the viable commercial agricultural operations of the petitioners was included in the District proposal . Discussions with Town of Ithaca petitioners reveal con- siderable confusion as to the intent , administration , restrictions , benefits to and responsibilities of those accepting exemptions within the District . Of the approximately 250 non- petitioning landowners included in the District , none have come forward to support or oppose the proposed District . This suggests that the vast majority of property owners are either unaware of the proposal to form an Agricultural District or not knowledgeable of the implications pertaining to the future health , safety , welfare , and economic viability of their community . Land use in the Town of Ithaca west of Routes 13 and 96 includes substantial areas of residential , commercial , light in- dustrial , recreational and public service uses . There has not been extensive residential construction in this area in the past five years nor is the rate of growth likely to accelerate upon the completion of the hospital . The Town of Ithaca zoning ordinance and the revised County Sanitary Code will continue to be valuable tools with which our local government will continue the pattern of orderly growth . In fact , the Town is in the process of updating the Zoning Ordinance to make provision for land use consistent with the needs of our community . Also of major significance is the long - standing Town policy to avoid the investment of public funds toward the extension of water and sewer for the primary purpose of serving 1 undeveloped areas . This policy has been consistently supported in i of constant attack b developers . There is no reason to be - lieve Y P lieve that this policy will be changed within the next five years , for there is sufficient open area where services are available . 3 _ The most recent substantiation of this policy is the collector sewer project scheduled for construction in 1978 serv- ing five of the older established areas of the Town , including Glenside and Elm Street Extension on West Hill . The five - area sewer extension project has come about as the result of requests from the home owners of these areas and is made possible only because of the fact that the Town at large shares in the benefit and the cost . : The award of a substantial EPA grant attests to eligibility in terms of the pre - existing need for service , i . e . in the case of Glenside and Forest Home dating back to 1920 or earlier . Such improvements would not be possible within an Agri - cultural District or in . the event the alignment of the services necessitated passage -through an Agricultural District-. _ < The new sanitary sewer system is sized to permit - exten - sion to adjacent developed areas such as West Haven Road and the Drew subdivision as the health conditions require . The present boundaries proposed for Agricultural District No . 6 would deprive these property owners from the same living conditions available to virtually every other established residential area of the Town . Similarly , the adequacy of both public and private water systems on West Hill is marginal . The construction of the new hospital will use most of the spare capacity in the City and Town distribution system serving West Hill . It is the responsibility of the Town Board to provide public water to all users where there is demonstrated need , including farmers . Again , the proposed boundaries for the Agricultural District would deprive us of the economic base and access to provide this service . The same case can be made with regard to vehicular circu - lation . The official Town Highway Map identifies roadway extensions to improve local circulation between Trumansburg Road and Elmira Road . The Agricultural District proposal must recognize these local and regional needs and the constraints provided in the A 4 - Agriculture and Markets Conservation Laws . At the same time , the roadway alignments can and will take into account the access needs of farmers from one farm parcel to another . It is . also clear that the Agricultural District Develop - ment Committee is not aware of the provisions of the State of New York Environmental Quality Review Part 617 of the Environmental Conservation Law ( 8 - 0113 ) as amended January 24 , 1978 , Section 617 . 15 item ( e ) requires the following action . " Any development , project of permanent facility of non - agricultural use in an agricultural district will require the completion and acceptance of an Environmental Impact Statement unless specifically listed under Type II actions . " Type II actions are actions which have been determined not to have a significant effect on the environment ; for example , construction of single and two - family - residences , - alteration or extension of utilities thereto ; repair and maintenance of existing highways . Owners of non- agricultural land in the District would be deprived of their right to develop their property within the con- straint of the Zoning Ordinance and other local ordinances . Fur - ther , multiple family , commercial , light industrial , public service developments would be inordinately costly in relation to the cost of similar services elsewhere in the Town and County . The Town of Ithaca through its Town Board and Planning Board is convinced that the Agricultural District No . 6 proposal now on file and including 28 % of the land area of the Town of Ithaca is inappropriate because of its failure to recognize the existing land use in the Town of Ithaca and , further , is not consistent with the long range plans of the Town , and would , therefore , deprive the people of this large section of the Town of Ithaca from those services , including water , sewer , transportation , and the proper balance of residential , commercial , industrial , farming and public service and recreational facilities so vital to the preservation of the standard of living now common throughout the area . 5 The Town of Ithaca is equally convinced that there currently is a need for an Agricultural District in the Town and that acceptable Agricultural District boundaries can be set to include the viable agricultural land commercially farmed by people who understand the ramifications of the Agriculture and Markets Law and desire to be included in the District . The Town of Ithaca looks forward to the opportunity to work with the Tompkins County Planning Board and the County Board of Representatives in the spirit of intermunicipal cooperation toward the establishment of an Agricultural District which is consistent with the intent of the law , the objectives of the Townspeople , including farmers , and our local governments . We are prepared to assume a leadership role in the effort . For _ example , we are -willing - to contact every property owner in the Town to inform thein - of the provisions of the law . Property owners in the proposed District , particularly petitioners , would be given the opportunity to discuss in public forum the many aspects involved with the commitment to be .included in the District . The resulting input should then be analyzed jointly by the Town and County Planning Boards , the Town Board , and the County legis - lature . At the same time , the County should evaluate the success - of the five existing Agricultural Districts to see what has hap- pened in these areas since the District was formed . If , in the judgment of the County Planning Board , the review process precludes the accomplishment of the detailed assess - ment articulated above , we , the Town Board of the Town of Ithaca strongly believes that lands in the Town of Ithaca should be ex- cluded from Agricultural District No . 6 now on file .