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HomeMy WebLinkAboutTB Minutes 1984-02-27 TOWN OF ITHACA SPECIAL BOARD MEETING February 27 , 1984 At a Special 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 27th 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 Peter Lovi , Town Planner PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . LAKE SHORE WEST - EAF AMID DETERMINATION OF SIGNIFICANCE Kevin Lewis , architect for the Lake Shore West project indicated that his clients were not ccupletely prepared to make a Presentation to the Town Board at this time . He stated that the developers are reconsidering the earlier , decentralized , site plan and are now thinking in terms ' of a more centralized proposal . They are very close to finalizing the details , and should have a proposal ready for the Board ' s determination by March 12 , Supervisor Desch asked the Board members if they had any questions or comnents ? He then thanked Mr . Lewis for attending the meeting and remarked that the Board appreciated the up-date very much : We will put the proposal on the March 12th agenda , if you have submitted the new proposal by then . SUBDIVISION REGULATIONS Supervisor Desch stated that the document he was presenting to the Board is very close to a final draft . He suggested that if the Board members had any ccmnents between now and March 12t1i , they ® should write them down and give them to him . Right now it looks very complete and I am hopeful that we can adopt the revisions on the 12th . Town Planner Peter Lovi remarked that the document was printed . with a 15 pitch typewheel on our word processor . The document is actually formatted to print in booklet style . It is now down to nine pieces of paper to reproduce the entire set of regulations . The Town Board concurred with this timetable and approach . Town Board 2 February 27 , 1984 ROCCO LUCENTE - EAF AND DETERMINATION OF SIGNIFICANCE Supervisor Desch remarked that the Board members had all received his note on the Lucente proposal . After our last meeting , he stated that he had sat down with the Town Planner and the Building Inspector to talk over the occupancy situation and to discuss what the parameters might be , etc . We also talked about how this relates to our definition of a family and the uniform state code . That helped us to narrow down what the issues are . The layout is such that in a one-bedroom unit , you can ' t really have more than two persons living there . The two family unit is different . It might be possible to carve out another bedroom in this unit . He felt that reasonable occupancy parameters for this unit would be a family plus one other unrelated person . He stated that this was what he came up with following these discussions . He asked the Board how they felt . It depends on the size of the family . As a practical matter , the actual occupancy would probably average ten persons . Councilwoman Raffensperger responded that most of them are occupied by nearly 14 persons now. Supervisor Desch responded that there would be four people in the two one-bedroom apartments . In the two-bedrooms apartments , probably six depending on the size of the family . You could have a family of four in the two-bedroom units , however , the practical limit is probably a family of three people . A couple , plus one unrelated person . Councilwoman Raffensperger asked if this was the new or old definition of a family? Supervisor Desch responded , the new one . The parameters the Planning Board will be following are : ( 1 ) each building would be owned by no more than one owner , ( 2 ) the one-bedroom apartment would be limited to two people whether related or not , ( 3 ) the two-bedroom apartment would be available for family plus one unrelated person . This wuuldn ' t result in a large environmental impact . Councilwoman Raffensperger asked if rezoning is granted , what restrictions would have to be included? Town Planner Lovi responded , the restrictions suggested by the Supervisor would be a start . Councilwoman Raffensperger asked it this would be another non-conforming use ? Mr . Lovi responded , yes . The front yards do not meet the required minimum. There may also be some problem with the required open space for recreation . He stated that he would have to check the Zoning Ordiance in more detail . Councilwoman Raffensperger asked about building codes ? ® Town Planner Lovi stated that he would have to look at the ordinance . The parking is okay . Since these buildings may be sold to individuals , there may be a problem with providing scene comm7n recreational site . Supervisor Desch remarked that . 58 acres could be . added for the open land in the back . Mr . Lovi stated that all of that open land may be spoken for in the developer ' s master developTent plan . He suggested that Larry ® LZ Town Board 3 February 27 , 1984 Fabbroni and Susan Beeners would know about the wisdom of a small recreation site here . Supervisor Desch remarked that he was thinking about the desireability of adding the equivalent acreage . Peter Lovi questioned if this was common open space ? He went on to say that there is no obligation that we take open space . Supervisor Desch responded that the determination is up to the Board . Should the Planning Board look at this questipn or not , is one for the Town Board to decide . Look in the back , a lot of that is still open . Councilwoman Raffensperger asked if these are 100 foot lots ? The Town Planner responded, yes . Supervisor Desch asked if all the Board members were comfortable with these conditions ? RESOLUTION NO 35 Motion by Councilman Bartholf ; seconded by Councilman Kugler , RESOLVED, that the Town Board of the Town of Ithaca , acting as lead agency in the environmental review of a rezoning proposal made by Mr . Rocco Lucente , hereby makes a determination of negative significance on the basis of the following conditions : ( 1 ) Each building would be owned by no more than one owner . ( 2 ) The one-bedroom apartment wuuld be limited to two people whether related or not . ( 3 ) The two-bedroom apartment would be available for family plus one unrelated person . (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) . Councilwcman Raffensperger asked the Town Attorney if the restrictive covenants could be changed or removed from deeds with the consent of all property owners ? Town Attorney Buyoucos responded that the Planning Board was relying on the opinion that restrictions would run with the land . Generally those restrictions cannot be changed except as otherwise provided for . If 600 of the people in the affected parcels agreed , then maybe it could be modified . If the Planning Board believes that these restrictions should be put in the deeds for the benefit of the public at-large as a condition of site approval , then there may be no abrogation . To assure continuity , each deed would contain the provision that no premises can be sold unless the Planning Board ' s restrictive covenant is indicated . WATER AND SEWER IMPROVEMENTS Supervisor Desch stated that he would like to alert the Board that the overall project has changed . The Town Engineer reported a $ 750 , 000 improvement . In working with the figures and the Bonding Attorneys , we can proceed with a separate $ 600 , 000 water improvement and a $250 , 000 sewer improvement . The sewer irrProvement would not require raising the benefit rate . In reviewing the petitions , it is clear that almost all of the Town Board 4 February 27 , 1984 property owners on Bundy Road are in favor of having water service and sewers . Town Attorney Buyoucos asked if the word 'outdated" could be removed? Supervisor Desch asked the Town Engineer if 'outdated " referred to the 2 " galvanized pipe ? Town Engineer Fabbroni responded , yes . The Supervisor responded , then lets say so in the order . The Town Attorney asked when the order would be published? The Supervisor responded , the 1st of March . RESOLUTION N0 , 36 Motion by Supervisor Desch , seconded by Councilman Cramer , IN THE MATTER OF PROVIDING A PROPOSED WATER IMPROVEMENT IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK TO BE IDENTIFIED AS THE TOWN OF ITHACA WATER SYSTEM IMPROVEMENT - 1984 IN AN AREA OF SAID 'TOWN TO BE KNOWN AS THE TOWN OF ITHACA WATER SYSTEM BENEFITTED AREA - 1984 PURSUANT TO THE PROVISIONS OF ARTICLE 12 -C OF 'TOWN JAW . WHEREAS ,, a plan , report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca , Tompkins County , New York , relating to the creation and construction , pursuant to Article 12-C of the Town Law, of water system improvements to be known and identified as the Town of Ithaca Water Improvement - 1984 , and hereinafter also referred to as " improvement" to provided such water improvement including extensions , to the present Town water improvement , such water system improvement to be constructed and owned by the Town of Ithaca , and WHEREAS , said plan , report and map have been prepared by Lawrence P . Fabbroni , the Town Engineer , a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the area of said Town determined to be benefitted by said Town of. Ithaca Water System Improvement - 1984 shall be known as the Town of Ithaca Water System Benefitted Area - 1984 and consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and WHEREAS , the proposed Town of Ithaca Water System Improvement - ® 1984 consists of the water improvements set forth below, and in the areas of the Town , as set forth below and as more particularly shown and described in said map , plan and report presently on file in the office of the Town Clerk . (a) Construction of a 12 " reinforcing water main to the Trumansburg Road Reservoir , north of Bundy Road from Trumansburg Road in that area of the Town from a point located near the Candlewyck Apartments Complex and running thence westerly along the north side of Bundy Road to Tax Parcel No . 26-1-1 ( 160 Bundy Road) and then north crosslot to the Reservoir . Town Board 5 February 27 , 1984 (b) Construction and installation of ( i ) New 8 " and 12 " water mains respectively to provide water service for a portion of the properties in the Elm Street Extension Road Area and the West Haven Road Area , the water main itself to be installed on the south side of Elm Street Extension and on the east side of West Haven Road , and ( ii ) Construction of a hydropneumatic pump station in this area for the distribution of water . (c ) Construction of ( i ) 8 " service main loops under Danby Road near a south line of the Town , which will also provide water service to properties in this area which are not presently receiving municipal water service and ( ii ) Construction of an emergency connection between tank zones near Ithaca College , and ( iii ) Construction and installation of a new 8 " water main extensions on East King Road and Coddington Road , the water main itself to be installed on the south side of East King Read and the east side of Coddington Road . (d) Construction of ( i ) New 8 " water mains to provide municipal water service to properties on Sugarbush Lane , (ii) Constructing service connections to an existing 6 " main on portions of Slaterville Road which are presently receiving municipal water services from an outdated galvanized main . WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 600 , 000 . The proposed method of financing to be employed by said Town of Ithaca consists of the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed forty years , such bonds , to be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca Water System Benefitted Area which are deemed benefitted by said improvement , so much upon and from each as shall be in just proportion to the amount of the benefit which the improvement sahll confer upon the same ; and WHEREAS , it is now desired to call a public hearing for the purpose of considering said plan , report and map and the establishment of said Town of Ithaca Water System Benefitted Area - 1984 , and the providing of said Town of Ithaca Water System Improvement - 1984 therein , and to hear all persons interested in the subject thereof , all in accordance with the provisions of Section 209-q of the Town Law; NOW , THEREFOARE , IT IS HEREBY ORDERED , by the Town Board of the Town" of Ithaca , Tompkins County , New York , as follows : Section 1 . A public hearing will be held at 126 East Seneca Street , Ithaca , New York , in said Town , on the 12th day of March , 1984 , at 7 : 05 o ' clock P . M . , Standard Titre , to consider the aforesaid plan , report and map and the question of creating said Town of Ithaca. Water System Benefitted Area - 1984 and the providing of said Town of Ithaca Water System Improvement - 1984 therein and to hear all persons interested in the subject thereof and concerning the saw to take such action thereon as i me s 'required by law. ® Section 2 . The Town Clerk of the Town of Ithaca , Tompkins County, New York , is hereby authorized and directed to cause a copy of this order to be published once in the Ithaca Journal , and also to post a copy thereof on the Town signboard maintained by the Clerk , not less than ten nor more than twenty days before the day designated for the hearing as aforesaid , all in accordance with the provisions of Section 209-q of the Town Law, Section 3 . This order shall take effect immediately . Town Board 6 February 27 , 1984 The question of the adoption of the foregoing order was duly put to a vote on roll call , which resulted as follows : Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Supervisor Desch Voting Aye Councilwoman Howell Voting Aye Councilman Kugler Voting Aye Councilwoman Raffensperger Voting Aye The order was thereupon declared duly adopted . Supervisor Desch explained that the sewer improvement is $ 250 , 000 of the total allocation , the method of financing is the same . RESOLUTION N0 , 37 Motion by Councilman Bartholf ; seconded by Councilwoman Howell , IN THE MATTER OF PROVIDING A PROPOSED SEWER IMPROVEMENT IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK TO BE IDENTIFIED AS THE TOWN OF ITHACA SEWER SYSTEM IMPROVEMENT - 1984 , IN AN AREA OF SAID 'DOWN TO BE KNOWN AS THE TOWN OF ITHACA SEWER SYSTEM BENEFITTED AREA - 1984 PURSUANT ZO THE PROVISIONS OF ARTICLE 12-C OF THE 'TOWN LAW . WHEREAS , a plan , report and map has been duly prepared in such manner and in such detail as heretofore been determined by the Town Board of the Town of Ithaca , Tompkins County , New York relating to the creation and construction , pursuant to Article 12-C of the Town Law of sewer system improvements to be known and identified as the Town of Ithaca Sewer Improvement - 1984 , and hereinafter also referred to as " improvement " to provide such sewer improvement including extensions , to the present Town sewer System improvement , such sewer improvement to be constructed and owned by the Town of Ithaca , and WHEREAS , said plan , report and map have been prepared by Lawrence P . Fabbroni , the Town Engineer , a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection; and WHEREAS , the area of said Town determined to be benefitted by said Town of Ithaca Sewer System Improvement - 1984 , shall be known as the Town of Ithaca Sewer System Benefitted Area - 1984 , and consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and WHEREAS , the proposed Town of Ithaca Sewer System Improvement - 1984 consists of the sewer improvements set forth below, and in the areas of the Town , as set forth below and as more particularly shown and described in said map , plan and report presently on file in the office of the Town Clerk : (a) Replaoermnt of the existing 10 " sanitary sewer line , from a point near the City line and running northerly in approximately the same location as the present sanitary sewer main to the Tompkins Coranunity Hospital lands . (b) Extension of the sewer line from Trumansburg Road , in the area backlot of Candlewyck Apartments , up to 160 Bundy Road along the north side of Bundy Road , and Town Board 7 February 27 , 1984 WHEREAS , the maximum amount proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 250 , 0000 The proposed method of financing to be . employed by said Town of Ithaca consists of the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed forty years , such bonds , to be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca Sewer System Benefitted Area , which are deemed benefitted by said improvement , so much upon and from each as shall be in just proportion to the amount of the benefit which the improvement shall confer upon the same , and WHEREAS , it is now desired to call a public hearing for the purpose of considering said plan , report and map and the establishment of said Town of Ithaca Sewer System Benefitted Area - 1984 , and the providing of said Town of Ithaca Sewer System Improvement - 1984 therein , and to hear all persons interested in the subject thereof , all in accordance with the provisions of Section 209-q of the Town Law , NOW, THEREFORE , IT IS HEREBY ORDERED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Section 1 . A public hearing will be held at 126 East Seneca Street , Ithaca , New York , in said Town , on the 12th day of March , 1984 , at 7 : 15 o ' clock P . M . , Standard Time , to consider the aforesaid plan , report and map and the question of creating said Town of Ithaca Sewer System Benefitted Area - 1984 , and the providing of said Town of Ithaca Sewer System Improvemrent - 1984 therein and to hear all persons interested in the subject therof and concerning the same and to take such action thereon as is required by law. Section 2 . The Town Clerk of the Town of Ithaca , Tompkins County , New York , is hereby authorized and directed to cause a copy of this order to be published once in the Ithaca Journal , and also to post a copy thereof on the Town signboard maintained by the Clerk , no less than ten nor more than twenty days before the day designated for the hearing as aforesaid , all in accordance with the provisions of Section 209-q of the Town Law , Section 3 . This order shall take effect immediately . The question of the adoption of the foregoing order was duly put to a vote on a roll call , which resulted as follows : Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Supervisor Desch Voting Aye Councilwonan Howell Voting Aye Councilman Kugler Voting Aye Councilwoman Raffensperger Voting Aye The order was thereupon declared duly adopted . Town Attorney James Buyoucos asked if Counilman McPeak had been given notification of this Special meeting ? Supervisor Desch responded yes , he was notified in writing with a COPY of the agenda , but he was on vacation . AWARD BID ON USED 1975 PICK-UP TRUCK Town Engineer Lawrence Fabbroni informed the Board that the Club Cab has crank case problems . Roy Casteriine bid $ 156 . 78 for the truck . Mr . Fabbroni suggested the matter be deferred to the March 12th meeting and in the interim he stated that he mould like Councilman Bartholf ' s expertise on the matter . Mr . Fabbroni Town Board 8 February 27 , 1984 believed the bid was somewhere in the ball park , it was already advertised in the newspapers , and Mr . Casterline , a Town Highway Employee , knows more about the truck than anyone . Seminars Town Planner Peter Lovi asked the Board to consider approving his attendance at three conferences , all of which would benefit him in his work . These conferences would cover topics such as open space , ability to regulate , etc . The seminars are held in Rochester , Syracuse and Albany are are very informative on matters of New York State legislation regarding residential and community planning , and would give him the opportunity to meet the persons who put on the seminars and generally give him a good perspective as to how other officials in city planning are handling similar problem . It was agreed that Mr . Lovi would apply for the first of such meetings to be held in Rochester on March 9th . A general discussion ensued covering the charge for sending one or two persons . RESOLUTION NO . 38 Motion by Supervisor Desch , seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizing up to six persons to attend any combination of the three conferences to be held in Rochester , Syracuse and Albany . (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting Aye . Nays - none) . SEWAGE TREATMENT PLANT Supervisor Desch read to the Town Board , the Advanced Treatment Report from EPA on the Sewer Project . (Copy attached to minutes) . Town Attorney Buyoucos asked the Town Supervisor to read the rules and regulations governing proper notification of members to Special Town Board Meetings . The Supervisor informed the Town Attorney that all Board members had received notification according to proper protocol , in writing and with sufficient notice . MIXED USE DISTRICT Supervisor Desch asked the Town Planner Peter Lovi if he would discuss the Mixed Use District ? Town Planner Lovi responded that he thought the Chairman of the Codes and Ordinance Committee should report to the Board . Codes and Ordinance Committee Chairman , Marc Cramer stated that the ® Committee had discussed the advantages of having a concrete contract or "document " drawn up that would give the Town a greater degree of control on the subject of zoning , specifically with reference to multiple districts . A discussion ensued with comments from Town Attorney James Buyoucos , who indicated that he would be working with the Planning Board with regard to the above , and also to the obligations of the developers in multiple residential districts . Mr . Buyoucos ended by saying that he and Peter Lovi will have to put our heads together here . 12 , Town Board 9 February 27 , 1984 Mr . Buyoucos went on to suggest that a special , specific multiple residential language be adopted to the existing Zoning Ordinance which restricted and limited its purpose to activities which were primarily resdential , but might have some ancillary commercial uses . Town Planner Lovi noted that the CcnYnittee had discussed the pros and cons of single versus multiple zoning variances . Supervisor Desch asked , what are we prepared to do in terms of legislation ? The consensus of the Board was to wait for a mare specific proposal ® from the Lake Shore West developers before proceeding . ASSOCIATION OF TOWNS MEETING Supervisor Desch asked about the recent New York City , Association of Towns Meeting? Councilwoman Howell and Councilwoman Raffensperger commented about the speakers and meetings . ADJOURNMENT The meeting was duly adjourned , ot� Cl k