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HomeMy WebLinkAboutTB Minutes 1984-02-13 TOWN OF ITHACA REGULAR BOARD MEETING February 13 , 1984 At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , at 5 : 30 P . M . , on the 13th day of February , 1984 , there were : ® PRESENT : Noel Desch , Supervisor George Kugler , Councilman Shirley Raffensperger, Councilwoman Marc Cramer , Councilman Gloria Howell , Councilwoman Robert Bartholf , Councilman ABSENT . Henry McPeak , Councilman ALSO PRESENT : James V. Buyoucos , Town Attorney Lawrence Fabbroni , Town Engineer Robert Parkin , Highway Superintendent Lee Wilkinson , 361 East King Road Beverly Livesay , Board of Representatives Henry Aron , Chairman , Zoning Board of Appeals Representatives of the Media : Renee Starzyk , WVBR Robert Jason , WTKO Mary Earle , WHCU News PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Fire Contract Supervisor Desch stated that negotiations are continuing on the Fire Contract with the City . He stated that he had met with the Mayor on Thursday to present our views on the draft contract that the City forwarded to us in response to our proposal . The matters that we had requested to be put in the preamble to the contract and the question of two representatives will be put in the approving resolution as we requested . ® The major remaining question has to do with City coverage during serious conflagrations where the present contract leaves the Town unprotected except for mutual aid . The Town position that the City should call in mutual aid before the ccandtment of the last campanYa In contracting with the Town , at the current level which exceeds $ 300 , 000 , we believe that there is liability on the part of the purveyor of the service . Sewer Project The Supervisor went on to say that although there is a separate agenda item , he would report to the Board , on the status of the Town Board 2 February 13 , 1984 project under this report . All of the Segment I documents are being reviewed by DEC and the pwners have authorized advertising the project upon receipt and acceptance of the Gant Offer . Once a Grant Offer has been received , a Special Town Board meeting will be desirable to authorize acceptance . We will not know until that time how much we will be getting , it may be more than the $ 12 , 700 , 000 and it may include the outfall . At that time , we will be in a position of knowing how much temporary financing the Town will need . Our financial consultants will be ready with our prospectus when we have the figure . It could be from $5-7 million , enough to cover the peak cash flow requirements with a built in contingency in case federal and state reimbursements are delayed for any reason . Bids on City/Town notes would be opened simultaneously , and the investment rates determined shprtly thereafter . The Supervisor noted that we still have only verbal word on the EPA administrators approval of the AT . The timing of this , in relation to the overall review, is excellent and a tribute to the perseverence of our City/Town , State and Federal officials , our consultants and Cornell experts . One way of fulfilling our MBE requirements has been accomplished and that is approval of the proposal by Bhandari Consulting Engineers to do the CPM scheduling requirements which is very extensive , particularly with keeping the old plant in operation . The SJS reviewed the proposal and a number of us interviewed the consultant . The advantage to having the CPM work for the owner is the ability to better track the performance of the engineer as well as the cpntractpr . East Hill Plaza The Supervisor stated that Cornell seems to be committing itself to a long term operation of the Plaza as a commercial operation , as they state , no intent of requesting that it be removed from the tax rolls . The work that Mr . Knowlton has done in making this a viable operation is outstanding and it would be unfortunate for the economy of the Town if new ownership would fail to continue the management that we have seen . We understand that Mr . Knowlton will continue in a position of management . Finance & Budget Compared with one year ago , we are in excellent shape on closing last years books , opening the 1984 books and completing our Annual Financial Report , all at a time when we have implemented the new Purchase Order System , new Payroll system , new Health Plan options , etc . This has enabled me to focus on a full range of rapid fire decisions on the sewer project , fire negotiations and pther matters . Finally , we need an executive session to discuss a personnel matter . ® Supervisor Desch went on to say that there are a number of reasons to have this meeting adjourned to February 27 , he asked the Board members to think about their schedules . For example , changes in the Lake Shore West Phase II and Phase III possibilities apparently mean that the EAF will be revised and the scoping session held at a later time . We will need to meet soon to set the schedule for the public hearing on the water/ sewer distribution project to adopt the order . , February 27 would be about right . C9 �r � Town Board 3 February 13 , 1984 The Supervisor noted that the Board has the possible public hearing on the Mixed Use District to consider and also the final form for the resolution on the amerr3ment to the Chateau rezoning . Town Engineer ' s Report Town Engineer Lawrence Fabbroni reported that Northeast Transit will be putting out to bid a new bus to be obtained from the ARC Grant . They will also be considering the long range operational structure for the year 1985 . He reported that Cornell Transit , a private non-profit organization , has taken over East Ithaca operations . There is no municipal subsidy involved . Cornell is planning some expansion of service during peak hours . Cornell is also planning on building a satellite parking area behind the East Hill Plaza . Also , relocation of the entrance to the Plaza and relocation of the entrance of Pine Tree Road is being cpnsidered . These two subjects will be debated at great length , down the road . The State has held two sessions on the relocation of Route 96 , to bring the public up to date , update the EIS also to bring Common Council up to date on the progress . Common Council will have to approve the purchase of any rights-of-way . As far as th Town is concerned , there is a difference of opinion . The Town would like the highway to go through the Hospital parking lot , and the Hospital wants the highway to go further west . Supervisor Desch remarked , the Town Board could take a stand and support the best alternative . Town Engineer Fabbroni remarked that there were pros and cons on both sides . The plans involve the Professional Building, also access to the Professional Building site is tied to the Hospital . There are some opportunities to tie both together . Supervisor Desch noted that the design hearings on the Route 96 project would be held in October or November . Highway Superintendent ' s Report Highway Superintendent Robert Parkin stated that there were no new projects to report on except for plowing and cindering . We have started installing weather stripping at the Highway Barns . Councilman Cramer asked the Highway Superintendent if there were problems with the newly installed engine ? Highway Superintendent Parkin responded that he had taken the truck back to Syracuse Supply who said that the engine was working normal . The engine works fine when it is warm. REPORT OF COUNTY REPRESENTATIVES County Representative Beverly Livesay informed the Board that she was no longer on the Planning and Public Works Committee . I am now ® on the Education , Health and Human Services Ccnvdttee . Mrs . Livesay reported that the Supervisor ' s and Legislators met in Binghamton . We have hopes of getting the implementation of regional meetings of the ground . If anyone has suggestions for topics for the meetings , please let Beverly know . Mrs . Livesay went on to say that asbestos in the County Library may require moving the library this summer . Town Board 4 February 13 , 1984 SIX AREA WATER & SEWER DISTRIBUTION IMPROVEMMT Supervisor Desch reported that the Staff has been working hard to include the critical areas where there has been petitions or conditions of present systems require immediate consideration . Town Engineer Fabbroni remarked that each of the Board members have a copy of his engineering report ( copy attached to minutes ) . This is a follow up to Stearns & Wheler ' s report . Stearns & Wheler felt a 12 " line was needed for future water needs . We now know what type of tenants will be in the old hospital , also we have a petition from the resident of Bundy Road for water . The City has indicated their willingness to cooperate with the Town to supply ® water to the West Hill area . He went on to say that on the South end of Danby Road there are two dead ends and the circulation is very bad . At Ithaca College , the pressure zone ends by Dr . Helen Blauvelt ' s house . He proposes , for an - emergency , a connection direct from the Ridgecrest system to the Ithaca College Grid , this will take care of all of the emergencies we could think of . Other part of South Hill , extend the main 450 ' on Coddington Road and approximately up King Road 1300 ' . Mr . Fabbroni went on to say that the East Hill area was very complicated and expensive . Additional water storage facilities are needed at Pine Tree Road . An additional pipe is needed at Pine Tree Road to feed that tank . Sugarbush Lane will be included in the improvement to serve the three houses . Cornell already plans on extending a line to cover the Warren Farm from Hanshaw Read . Councilwoman Raffensperger asked if the only change on the system for East Ithaca would be service to the houses on Sugarbush Lane , nothing to improve the pressure ? Supervisor Desch responded that in the next phase we will consider the upper levels on West Hill and a tank on East Hill , Mr . Lee Wilkinson , 361 East King Road , stated that as far as his section was concerned , the loop should be installed , as we haven ' t had water for years . He went on to say that infact , : the whole Town should have water . Henry Aron , 106 Woolf Lane , stated that he saw no proposal to extend water past 1290 Trumansburg Road . The area north of 1290 is very short of water . He went on to question when the Town would be ready to extend the water . Supervisor Desch responded that there was a more immediate need to improve the fire flow to the Hospital and South Hill . He projected any extension up the Trumansburg Road would be five years away . Mr . Aron remarked that the residents of Bundy Road had circulated a Petition , perhaps that would help the residents of the Trimnansburg Road area . PUBLIC HEARING - REVIEW EAF AND DEPERMINATICN OF SIGNIFICANCE ON THE CHATEAU . REZONING OF PARCEL N0 , 36 -1 -492 OWNED BY WALTER J . AND JOYCE WIGGINS Proof of posting and publication notice of a Public Hearing to review the EAF and Determination of Significance on The Chateau and consider the rezoning of Parcel No . 36 -1 -4 . 2 , 20 . 4 acres at 1152 Danby Road owned by Walter J . and Joyce Wiggins from R-30 to Town Board 5 February 13 , 1984 Multiple Residence having been presented by the Town Clerk , the ..Supervisor opened the public hearing . Town Planner Peter Lovi reported that the Environmental Assessment Form dated February 7 , 1984 , replaces the EAF of January 13 , 1984 . The only change to the document is the inclusion of a proposal for indoor tennis courts in a 15 , 200 square foot facility ; accordingly , questions $ 9 and #10 have been changed where necessary . He went on to say that his review and recce mendations are unchanged . A determination of significance by the Town Board should proceed any further action on this proposal . Councilwoman Raffensperger asked if the changes in the EAF were made since the last Board meeting? Town Planner Peter Lovi . answered yes , all the changes have been incorporated in the EAF that were made at the January Town Board meeting . County Representative Beverly Livesay asked what the findings were ? Supervisor Desch responded negative declaration , there were virtually no "yes " answers where there would be an impact . Disruption to the site was very minimal . . . The Supervisor closed the public hearing . RESOLUTION N0 . 24 Motion by Councilman Bartholf ; seconded by Councilman Kugler , RESOLVED, that the Town Board of the Town of Ithaca , after review of the Environmental Assessment Form , hereby make a finding of declaration of negative impact . (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) . RESOLUTION CONCERNING AN APPLICATION FOR THE APVIENDMENT OF THE TOWN ZONING ORDINANCE BY CHANGING THE ZONING CLASSIFICATION FROM RESIDENCE DISTRICT TO MULTIPLE RESIDENCE DISTRICT OF A PARCEL OF LAND CONTAINING APPROXIMATELY 20 . 4 ACRES OWNED BY WALTER J . WIGGINS AND JOYCE WIGGINS , AT 1152 DANBY ROAD , BEING A PORTION OF TOWN OF ITHACA TAX PARCEL 6 -36 -1 - . 42 . RESOLUTION N0 , 25 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , WHEREAS , 1 . The applicants , Walter and Joyce Wiggins , hereinafter also referred to as Wiggins , have applied to the Town Board to rezone from a Residential 30 District to a Multiple Residence District a ® parcel of land containing 20 . 4 acres which is a portion of the lands awned by Wiggins in the Town of Ithaca , designated as Tax Parcel # 6 -36 -1-4 . 2 , which is located on the westerly side of Ithaca-Danby State Highway ( Route 96B ) which parcel is more particularly described in Schedule A of this Resolution , and 2 . The applicant , Wiggins , proposed to construct on said parcel a " bed and breakfast " country inn designated as the "Chateau " on a site plan prepared by William Downing Associates , Architects , dated November 15 , 1983 , revised February 1 , 1984 , Project #83-568 , which site plan prior to its revision , was reviewed by the Planning Board Town Board 6 February 13 , 1984 at a public hearing held on December 6 , 1983 , The Inn will contain 80 units and will be built in phases . Phase I will consist of the construction of 21 units . The Planning Board at the December 6 , 1983 meeting recommended that the 20 . 4 acre parcel be rezoned from Residential District R-30 to Multiple Residence District . . On the basis of the Planning Board ' s recommendation , the Town Board at a meeting held on January 9 , 1984 , adopted a resolution which proported to approve the project of the construction of the bed and breakfast inn in accordance with the resolution of the Town of Ithaca Planning Board . Subsequent to the adoption of the resolution , it was suggested by the Town Attorney that the resolution was not adequate to acccxTiish the purpose of rezoning; the Town Board further found that additional matters had been ® considered at the Town Board meeting which had not been considered by the Planning Board in adopting its resolution , and the Town Board requested further clarification of the Planning Board resolution in several matters . Accordingly , it was ordered by the Town Board at its meeting of January 9 , 1984 , that a hearing be held on February 13 , 1984 , to consider whether or not said prior resolution be recinded and a new resolution with respect to the proposed project be adopted with modifications and additions . Notice of said hearing was duly posted and published as reported by the Town Clerk , and 3 . At a meeting of the Planning Board held on February 7 , 1984 , the previous site plan referred to above revised as of February 1 , 1984 , with certain changes and additions was presented to the Planning Board for further consideration . The Planning Board deleted from the site plan the tennis court building and adopted a resolution in which it sought to clarify its December 6 , 1983 resolution , and 4 . The Town Board has made a determination of Non-Significance and the Town Planner has reported that this complies with the State SEQR I,aw and the requirements of Local Law #3 , 1980 , of the Town . IT IS RESOLVED AS FOLLOWS : Section 1 . The resolution adopted by the Town Board on January 9 , 1984 , be rescinded . Section 2 . The area shown on the survey map of a portion of the lands of Walter and Joyce Wiggins made by George C . Schlecht , dated February 8 , 1984 , and described in Schedule A be rezoned to a district which will permit the use of the premises for a bed and breakfast inn for transient occupancy but as modified and limited by the special conditions , restrictions hereinafter set forth , and which will be generally designated as a Special Multiple Residence District . The structure (Phase I only ) may be converted to a Multiple Residence dwelling but only as limited in the following sections . Section 3 . The Chairman of the Planning Board shall review this resolution and submit any comments , after discussion with the Planning Board , to the Supervisor and the Town Attorney . ® Section 4 . Phase Construction and Use The Town Attorney with the cooperation of the Town Engineer and the Town Planner shall draft a Local Law for submission to the Town Board for its review and its eventual approval and adoption as an amendment to the Zoning Ordinance for the purpose of establishing this district substantially in accordance with this resolution with any modifications or additions deemed necessary to carry out the purpose of this zoning . C91 Town Board 7 February 13 , 1984 A . The Inn will be constructed in phases . Phase I will contain no more than 24 units (rocgms or suites ) for transient occupancy . B . Before any additional phases are constructed the applicant shall have the option to convert Phase I for use as an apartment or multiple residence dwelling containing no more than 22 dwelling units rather than as an Inn . If this option is exercised , no further construction shall be permitted on the subject parcel for occupancy by persons as dwelling units or transient guest units , or for any other purpose other than as shown on the final site plan . C . After Phase I has been constructed , provided the structure ® has not been converted to use as a Multiple Residence dwelling , the applicant may proceed to construct , as an Inn, the structure shown on the above . referred to site plan as the Chateau containing no more than 80 units . In that event , neither Phase I nor the rest of the Inn , as constructed in a subsequent phase or phases , shall be occupied or used as a Multiple Residence dwelling in full or in part . Section 5 . Final Site Plan A . The project shall be constructed , developed and used in accordance with the November 15 , 1983 plan , as revised , but with the tennis court building deleted , and a final site plan , which shall be submitted by the applicant for the Planning Board ' s approval which may reflect landscaping , site locations , engineering , outdoor lighting , signs , building elevations , screening of parking and access areas , establishment of buffer zones and such other matter as may be lawfully required by the Town Engineer and the Planning Board under powers granted to them by law. No building permit for any irk on the project shall be issued until the final site plan has been approved , and the applicant has complied with all conditions required by the Planning Board for work prior to the commencement of such construction , and provided there has been compliance with the requirements of SEQR and Town Local Law # 3 , 19800 B . The project must comply with all applicable laws , rules , ordinances , codes and regulations which pertain to Multiple Residence dwellings and hotels . C . No further subdivision of the site shall be permitted . D . The final site plan shall refer to this resolution and/or any local law or ordinance adopted by the Town - Board . Any deed , mortgage or other instrument transferring any interest in the site area , and any building permit or certificate of compliance shall also include reference to the above . Section 6 . Dining Facilities If the Chateau is constructed as a Bed and Breakfast Inn serving transient guests , a dining room and kitchen shall be permitted in the portion constructed in Phase I for the limited purpose of providing breakfast for the transient guests subject to such ® reasonable requirements and conditions as the Planning Board may impose during its review, and a layout of which is shown on the final site plan . SCHEDULE A DESCRIPTION OF PORTION OF LANDS OF WALTER J . & JOYCE Y . WIGGINS TO BE REZONED i. '- V V Town Board 8 February 13 , 1984 Situate in the Town of Ithaca , County of Tompkins , State of New York . Beginning in the centerline of New York State Route 96B at the southeast corner of land of Laurent and Kaethel Bessou , designated as Tax Parcel # 36-1 -4 . 3 ; 1 ) Thence , southerly along said centerline 435 ' mare or less to the northeast corner of property of Irene Stout , designated as Tax Parcel # 36-1-5 ; 2 ) Thence , westerly 200 ' more or less to the northwest corner of said Stout property , ® 3 ) Thence , southerly 100 ' more or less to the southwest corner of said Stout property and the north line of lands of Fairview Manor Realty Co . ; 4 ) Thence , westerly , in part , along a northerly property line of lands of Fairview Manor Realty Co . , and designated as Tax Parcel # 36-1-6 , 1000 ' to a point ; 5 ) Thence , northerly through the lands of Wiggins , 935 ' more or less to the southerly boundary of lands now or formerly of Anthony Leonardo , designated as Tax Parcel # 37-1 -20 . 2 ; 6 ) Thence , easterly along Leonardo ' s southerly line 500 ' to a point ; 7 ) Thence , southerly , in part along the west line of Bessou ' s property (designated as Tax Parcel #36-1 -4 . 3 ) 400 ' more or less to their southwest corner ; 8 ) Thence , easterly , along Bessou ' s southerly line , 700 ' more or less to the centerline of Route 96B and the Point of Beginning . The question of the adoption of the foregoing resolution was duly put to a vote on roll call , which resulted as follows : Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Councilwoman Howell Voting Aye Councilman Kugler Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye The resolution was thereupon declared duly adopted . REVIEW EAF AND DETERMINATION OF SIGNIFICANCE ON ROCCO LUCE[gIE PROPOSAL Town Planner Peter Lovi referred the Board to his memo of January 23 , 1984 regarding the Lucente rezoning and EAF Review . ® The developer ' s request for a rezoning in this case is unusual in several respects . Customarily , the reason for a developer to request a rezoning to Multiple Family is to construct apartments and permit a more intensive use of the land . In this case , the developer has already rented the fourteen ( 14 ) two-family dwelling units on Sapsucker Woods Road for the past 12-15 years to as many as seven unrelated persons in each unit . These rentals have been permitted as a non-conforming use begun before the 1970 amendment to the Zoning Ordinance . 06T Town Board 9 February 13 , 1984 The existing population density and the resulting impacts , particularly in areas such as traffic , off-street parking , noise , garbage control , and buffering are similar to what would be expected from an apartment use . The developer ' s conversion proposal will double the number of dwelling units , though it may reduce the actual number of persons living in this area . The developer has agreed to deed restrictions which would limit the number of unrelated persons who may occupy any unit . The Town Board should consider whether this case will set a precedent for future rezoning applications in which there is neither a question of necessity nor desirability , but rather the need to maintain or expand a non-conforming use . There are at ® least two planning philosophies in this regard : 1 . Non-conforming uses are to be viewed as temporary or transitional and that the intent of regulation should be to eventually bring all lard uses within the cormunity into conformance with the zoning ordinance . 2 . Non-conforming uses are part of the natural evolution of land uses within a cormmity over time and that the zoning ordinance may be changed to accomodate new developments and changing conditions . The Town Planner then went through the Environmental Assessment Form ( copy attached to minutes ) . He noted that there were three mitigating measures necessary to put limitations on the number of unrelated persons : 1 . A rezoning resolution might require no more than one owner per lot . In the extreme , this would result in fourteen owners of identical four-unit apartment houses . It would then be somewhat easier for the Town to enforce any site plan or rezoning restrictions . 2 . The rezoning might be made contingent on the operation of all fourteen units as four-unit apartments by the present owner . In the event that any lot and building were sold , the zoning designation might revert to R-15 , with fourten four-unit , owner-occupied apartments containing as non-conforming uses . 3 . The rezoning may be made contingent on the developer remodeling the buildings as a single family house with two accessory apartments . These dwellings might then be sold , but only operated as an owner-occupied apartment building . Town Attorney James Buyoucos remarked , Mr . Lucente ' s proposal must be looked at , the 1970 Amendments that were adopted for the number of unrelated persons dealt with one or two family dwellings . He went on to question , if Sally and John are living together , and renting, can they rent to another person ? Peter Lovi responded , in a two unit building , as the present ordinance is written , no more than three unrelated persons in a ® building . Double units , double occupancy . Mr . Lovi remarked , that unrelated persons is , of its self , not important . What type of impact will the parking and increased noise have on the neighborhood is important . Councilwoman Raffensperger remarked that two persons per bedroom does not reduce the population . Mr . Lucente stated that the one bedroom units were rented 40 % of the time to only one person . Town Board 10 February 13 , 1984 Supervisor Desch noted that a two bedroom apartment would contain one family plus one unrelated person , unless the family is more than two people . Mr . Lucente remarked that older couples sometimes take in a student . Councilman Bartholf remarked , the number of persons per unit - four units times two bedrooms per unit total 12 persons . You presently allow 14 persons , this is not much of drop in persons . Town Planner Lovi suggested that perhaps if each building was owner-occupied and therefore , only three apartments would be ® rented . Town Attorney Buyoucos questioned , how that would would be done ? Town Supervisor Desch suggested that after review of the EAF , a declaration of non-significance was determined if the occupancy is limited to occupancy requirements in the new Zoning Ordinance . Mr . Lovi responded that it would be better to make a positive determination and not hold up the Planning Board , Councilwoman Raffensperger stated that she had discussed with Peter Lovi , her concerns with making a negative declaration by mitigation . Supervisor Desch suggested that the Board try to put in a proper frame the occupancy they were willing to consider . He went on to say that we could adjourn until all have had a chance to study the new definition . Councilwoman Raffensperger remarked that the number of unrelated persons needs to be clarified , and made consistant with the Planning Boards decision and petition . She went on to say that existing land use plans should be described then make clear our intent to preserve one and two family areas . Supervisor Desch suggested that further consideration of the Rocco Lucente proposal be adjourned until all of the concerns of the Board on the EAF and rezoning have been resolved , then a determination can be made . PUBLIC HEARING - ADOPTION Cr NEW ZONING LAW Supervisor Desch stated that the public hearing to consider the adoption of a new Zoning Law will be adjourned indefinately . The Supervisor then suggested that the Board hold a Special meeting on February 27 , 1984 , at 5 : 30 P .M . , to discuss the Mixed Use District and set the date for a public hearing to consider the definition of a family . ® SIX AREA WATER & SEWER DISTRIBUTION IMPROVEMENT Supervisor Desch stated that the Project Document and Financial Plan for the Six Area Water & Sewer Distribution Improvement was included in the Board members packet and asked them to take a minutes to look it over . (Ccpy attached to minutes ) . Councilman Cramer asked if more area could be serviced , in 1984 ? Town Board 11 February 13 , 1984 Supervisor Desch responded yes , but we would have to borrow a million dollars and that could add $3 . 00 to the per unit cost . Town Attorney Buyoucos noted that if the Town needed any rights-in- land , they must get them before going to bid . Town Engineer Fabbroni responded that easements were needed in the Bundy Road area . SET DATE FOR PUBLIC BEARING - MIXED USE DISTRICT RESOLUTION NO . 26 ® Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby sets the date of March 12 , 1984 , at 6 : 30 P . M. , at which time they will hold a public hearing to consider revisions pertaining to the definition of a Mixed Use District . (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) . REPRESENTATIVE TO CITY YOUTH BUREAU Supervisor Desch stated that there will be no action on this agenda item tonight . BENEFIT UNIT REFUND Motion by Councilman Kugler ; seconded by Councilwoman Howell , WHEREAS , a house at 219 Snyder Hill Road was constructed in 1970 as a two family unit , and WHEREAS , Christopher and Linda Burris purchased the property and converted said house to a single family unit , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund of one unit of water at $52 . 00 and one unit of sewer at $50 . 00 , total refund of $ 102 . 00 be paid to Christopher and Linda Burris , 219 Snyder Hill Road , Ithaca , New York , Tax Parcel No . 57-1 -18 . 66 . (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) . FINDINGS STATa= FOR SUBDIVISION REGULATIONS Motion by Councilman Cramer ; seconded by Councilman Kugler , ® RESOLVED , that the Town Board of the Town of Ithaca hereby approves the following Findings Statement on the Town of Ithaca Subdivision Regulations . The Town Board finds that : 1 . The existing subdivision regulations , originally prepared in 1955 , were in need of revision in order to incorporate more stringent design standards , an expanded planning vocabulary , and the need for coordinated environmental review. PROJECT DOCUMENT and FINANCIAL PLAN SIX AREA WATER & SI�aER DISTRIBUTION IMPROVENIENT By Noel Desch 2 /13/ 84 Introduction The 1982 . Stearns & Wheler Master Plan identified an extensive program of water system improvements that should be considered by the Town over the next several years to assure sufficient capacity , reliability and a plan of action for extensions where necessary in all areas of the Town with regard to sewer improvements . The Town Board in 1980 , as part of the Sewer System Evaluation Survey , committed the Town to replace the 50 year old hospital sewer rather than perform short lived repairs . In 1983 , the Town Board authorized the Town Engineer to perform field surveys and engineering design for the initial phase of the water and sewer improvements described to the Town Board at that time .. In the interim the residents of the West Haven , Elm Street Extension and Bundy Road have petitioned for water service extensions to their properties . The required improvement to provide these services is included within the initial phase . Statement of Purpose and Need The Six Area Water and Sewer Improvements are the highest priority due to ongoing and anticipated . patterns of growth in the Town . Projects such as Lake Shore West , subdivisions in the East Hill area and system flow deficiencies on South Hill dictate that the construction move forward in 1984 . The water service extension to Elm Street Extension and West Haven Road would be acccanplished in 1985 , as a separately bid project . All of the improvements will improve critical fire flows and eventually lead to higher ISO ( Insurance Service organization ) ratings in the areas of the Town . Such higher ratings will reduce property owners insurance costs . Scope The scope of work is detailed in the attached Engineers map , plan and report . Financing The improvement construction will be financed through the issuance of bond anticipation notes and the eventual sale of general obligation bonds . Principal and interest on such BAN ' s and bonds will be paid from revenues collected through annual benefit assessments charged against all the benefitted properties throughout the Town of Ithaca outside of the Village of Cayuga Heights . 1984 Construction Borrowing $500 , 000 1985 Construction Borrowing $ 250 , 000 Estimated Water Units 1985 1983 Units 5243 1984 New housing 20 Cam-onland 60 Racquet Ball 30 Consumption units 20 100 Total 1984 5453 1984 1985 Units 5453 Lake Shore West Phase I 100 - Chateau 20 New housing 20 Conmonland 30 Consumption units 100 Total 5723 1986 Units 5723 New extensions 80 New housing 20 Consumption 100 Total 5923 Estimated Seer Units 1983 Sewer Units 4622 1984 New housing 20 Ccmmonland 60 Racquet Ball 30 Consumption units 100 Total 4832 1984 Total 4832 1985 Lake Shore West Phase I 100 Chateau 20 New housing 20 Ccmmonland 30 Consumption units 100 Total 1985 5102 1985 Total 5102 1986 Consumption units 100 New housing 20 New construction 20 Total 5242 Funds available from reduction in existing debt schedule each year 1985 41 , 046 1986 50 , 446 1987 62 , 023 1988 71 , 596 Funds available from new units Cumulative 1985 Water 480 x 23 11 , 040 1986 Water 200 x 23 41600 15 , 640 1985 Sewer 300 x _ 50 15., 000 1986 Sewer 142 x 50 7 , 100 22 , 100 Total revenue before increase in rate excluding existing fund balances . 1985 Water & Sewer combined 41, 046 + 11 , 040 + 15 , 000 = 67 , 086 1986 Water & Sewer combined 50 , 446 + 15 , 640 + 22 , 100 = 88 , 186 Benefit assessment needed for new Improvement using 750 , 000 @ 90 for 20 years . First year ( 1985 ) interest payment 750 , 000 @ 9% is $ 67 , 500 . Second year principal and interest payment $ 105 , 000 . First revenue is sufficient without an increase , even excluding short term interest earnings on borrowed funds . Second year 105 , 000 - 88 , 186 = $ 16 , 814 shor of revenue if interest earnings and fund balances are excluded . Therefore , raise $23 benefit charge as follows : 5 , 723 x 2 = $ 11 , 446 for two years will generate $22 , 892 against the $ 16 , 814 needed . The sewer rate of $ 50 /unit and Bolton Point rate of $ 29 will remain the same . In 1987 , an additional $ 11 , 577 in debt reduction . will occur which -. might enable either a reduction in the benefit rate back to $23 or a fund balance improvement to begin consideration of the second phase of improvements . In 1985 , the planned institution of the benefit rate for the new sewer plant is expected to be implemented at somewhere between 0 -$ 19 /unit as approved in 1982 , depending on the level of borrowing needed . Probable amount is $ 7 /unit . Mode of Accomplishment The design and construction inspection will be performed by the Town Engineering Department , The construction will be performed by competent contractors following the receipt of competitive bids . The project will be bid in two phases . The initial phase will be ' accarplished in 1984 . and include the following : 12 " reinforcing main to Trumansburg Road Tank including services to Bundy Road Danby Road loops under Route 96 and at Ithaca College Service to Sugarbush Lane and on Coddington Road Crossing under Hanshaw Road to serve Warren Farm Transfer of services on Slaterville Road Replace Hospital sewer_ ( lower half ) The second phase in 1985 wi:l-1. include ; Service to East King Rck_id Service to Elm Street 13 )ctension and West Haven Road Schedule for Construction Release Phase I for bids April 15 , 1984 Receive bids May 15 , 1984 Award contracts June 1 , 1984 Complete construction* December 1 , 1984 Release Phase II for bids March 15 , 1985 Receive bids April 15 , 1985 Award contracts May 1 , 1985 Complete construction* December 1 1985 *excludes final site restoration ND/ js Town Board 12 February 13 , 1984 2 . Although the Town of Ithaca has grown considerably in the past 20 years , in order to preserve its character as a beautiful and desirable place to live in the future , detailed and progressive subdivision regulations are necessary . 3 . The periodic , haphazard subdivision of farmland throughout the Town is not in the public interest , is destructive of open space , increases the future cost of public services , and is contrary to a rational policy of land development . 49 The new Subdivision Regulations control casual subdivision of farmland by requiring all land proposed to be subdivided to be reviewed by the Planning Board prior to its sale or ® development . 5 . The efficient provision of public utilities , the need to protect open space , and the increasing cost of constructing detached , single- family housing has encouraged the Planning Board to consider the increased use of clustered housing in the design of residential subdivisions . 6 . The interests of all Town residents would be best served by the swift adoption and application of these regulations . ( Desch , Kugler , Raffensperger , Crarmrr , Howell and Bartholf voting Aye . Nays - none) . SUBDIVISION REGUTATION REVISIONS Councilman Cramer noted that there were a number of definitions left out of Article III . The Town Planner should look this section over again . Supervisor Desch asked what is . the next step , the Board doesn ' t seem to have any major questions ? Town Planner Lovi responded that he would suggest that if there were no major problems with the Subdivision Regulation , then he would print the new draft and the Town Board could schedule another work session . Supervisor Desch agreed that the Town Board would hold another work session to go over any changes with the Town Planner and then the revisions would be sent to the Town Attorney for his legal review. 1984 AERIAL PHoTOG WH Town Engineer Fabbroni stated that there was a proposal to fly the area in 1984 . Three flights will be flown over the Town of Ithaca and produce photos at 2000 ' to the inch . We can then have them blownup to 400 ' to the inch . We will also receive half-tones which we can have reproduced on paper copies and sell to the public . He went on to say that he was given a price of $ 1 , 950 on the telephone ® and that a formal proposal would be sent to him . Authorization is needed from the Board so that it can be flown after the snow leaves the ground and before the trees begin to leaf out . RESOLU'T'ION N0 , 28 Motion by Councilman Kugler ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Town Engineer to proceed with arrangements to have � � T Town Board 13 February 13 , . 1984 aerial photographs of the Town of Ithaca flown , at a cost not to exceed $ 2 , 000 . Councilman Kugler suggested that an article be put in the Newsletter to let Town residents know the maps can be purchased by them for $ 5 . 00 . (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) . ASSOCIATION OF TMNS RESOLUTIONS ® Supervisor Desch asked the Board members if they wished the Town Delegate to vote no on any of the resolutions . As no one was opposed to any of the resolutions , the Delegate was directed to cast an aye vote for all of the resolutions . TOWN OF ITHACA V&,RRANTS RESOLUTION N0 , 30 Motion by Councilman Cramer ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated February 13 , 1984 , in the following amounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . $ 62 , 952 . 87 General Fund - Outside Village . . . . . . . . . . . . . . . . $ 11 , 554 . 38 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47 , 616 . 88 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 221 , 320 . 32 Lighting District Fuixl . . . . . . . . . . . . . . . . . . . . . . . . $ 345 . 35 Parks Reserve Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11 , 631 . 72 (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) BOLTON POINT WARRANTS RESOLUTION NO , 31 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Bolton Point Warrants dated February 13 , 19841, in the Operating Account are hereby approved , in the amount of $ 61 , 436 . 88 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Ccmnission , they are in order for payment . (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) , F.X =IVE SESSION RESOLUTION NO , 32 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby moves into Executive Session to discuss a personnel matter . Town Board 14 February 13 , 1984 (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) . RESOLUTION NO . 33 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby moves back into open session . ( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) . ® RESOLUTION NO . 34 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Town Engineer to take the appropriate action necessary to terminate Larry Stanton , a highway employee . (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) . ADJOURNM NI The meeting was duly adjourned . T<xnni Clerk