HomeMy WebLinkAboutTB Minutes 1984-08-13 TOWN OF ITHACA
REGULAR BOARD MEETING
August 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
August , 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 P . Fabbroni , Town Engineer
Robert Parkin , Highway Superintendent
Mary Call , County Board of Representatives
Gertrude Bergen , 127 Pine Tree Road
Edward Bergen , 127 Pine Tree Road
Habib Malik , Cornell Diversity
Abdurrauf Khan , 640 Stewart Avenue
Royal D . Colle , Pine Tree Associates
Representatives of the Media :
Mitch Montagna , WTKO
Joe Young , OK - 100
Bruce Ryan , WHCU
PLEDGE OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance .
REPORT OF TOWN OFFICIALS
Supervisor ' s Report
Ithaca Wastewater Treatment Plant
Supervisor Desch reported that there was good news and bad news on
the sewage treatment plant project . Larry Fabbroni will provide
more details . The pile driving operation is going ely well
and the tests are revealing excellent results . The total driving
length , at the end of the job , is expected to be significantly
lower and thus there will be major savings as well as more
® importantly an exceptionally good foundation .
The bad news is what we found under the slab next to the old gas
works . This is the location for the influent building , one which � '
requires a thirty-five foot deep excavation including a major
cofferdam and dewatering . We found a massive foundation of
concrete caissons numbering about 100 in varying length , a number
of which will have to be removed . Extra costs may range 50-75
thousand dollars or more . The SJS Change Order Subccumaittee will
be meeting at 7 : 30 A . M . , tomorrow to consider the applicable change
order in order to avoid delays in the project .
TOWN BOARD MEETING August 13 , 1984
ENGINEER ' S REPORT
Attached find a tabulation of bids for " Construction of
Water Main and Sewer Main 1984 Improvements " as opened August 6 ,
19849 After checking bid extensions , Vacri Construction
Corporation , 33 Otseningo Street , Binghamton , New York 13903 , is
the low bidder with a Total Base Bid Price of $ 272 , 580 . 00 . A
check of their work done for the City in the Cherry Street
Industrial Park revealed satisfactory workmanship and completion
for a similar scale project . Other completed municipal projects
listed on the Bid Proposal show that the dollar amount is well
within the usual limits of projects undertaken by Vacri . The
company is registered in Broome County , N . Y . with majority
stockholders Roberto and Raimondo DeVincentis . Vacri is prepared
to start work as soon as possible with work completed in ninety
( 90 ) days with the exception of touch up seeding in Spring 1985 .
Based on the above , I recommend that the " Construction of
Water Main and Sewer Main 1984 Improvements " Contract be awarded
to Vacri Construction Corporation , 33 Otseningo Street ,
Binghamton , New York 13903 . The following budget for
establishment of a capital project account is also recommended to
you :
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TOWN BOARD MEETING August 13 , 1984
6
Budget - 1984 Improvements
Bond Resolution , Advertising , Etc . $ 21000900
Recording Easements ( 29 ) 609 . 00
Engineering
Design , Bid Administration 61000000
Drafting , Surveying 61000 . 00
Construction Inspection 8 , 500900
Construction
Water 183 , 855 . 00
Contingency 9 , 195 . 00
Sewer 88 , 725 . 00
Contingency 81875 . 00
Easement — Miscellaneous - Shrubs , Tulips ,
etc . 21000 . 00
$ 315 , 759 . 00
say $ 315 , 750 . 00
LPF / nf
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TOWN BOARD MEETING August 13 , 1984
PLANNING AND ENGINEERING REPORT
Lawrence P . Fabbroni , P . E .
Town Engineer
JULY 9 throu h AUGUST 13 , 1984
Water - Addendum # 1 : extending bid date to August 6 , revised
ana wage rates , and rock item stipulated range
Sewer - Bid opening August 6
Preparation of Engineer ' s Recommendation & Tabulation
Completion of Easement Procurement
Completion of grade reference stakes for sewer
Parks - General Maintenance
Completed Forest Home Walkway lower entrance
Feasibility discussions with Village of Cayuga
Heights : Pleasant Grove Road
Budgeting for 1985
Begin construction of Tudor Play Structure
Burns - Completion of subdrain at north end of Phase I
Road - Completin of archeological investigation of borrow
area
Completion of earthmoving from borrow at north end
Begin earthmoving at south end to north and south of
creek
Completion of steam permit application
Preparation for Stream Crossing Construction
Preparation of Phase II plan and profile with field
topo
Computing , - Staff recommendation on Williamson municipal ,
WP , DP accounting system
Staff development of surveying , topo field to plot ,
system
Development of land use file
Entry of base department budgets on Lotus
Indexing of Minutes - Zoning Board of Appeals
Develop - - Minor subdivisions
ment - Staff review of Pine Tree Associates access
Reviews alternatives
Engineering specifications for La Tourelle
Sewer - Complete preparation of Advanced Treatment Study
Treatment - Monitor test pile driving and testing
Plant - Participate in influent building site engineering
. investigation , contractor change order
Brief the SJS subcommittee on contract progress and
change orders , progress payments and requests
- Coordinate information on job progress and changes
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TOWN BOARD MEETING August 13 , 1984
• e
with DEC
Coordinate owner ' s responsibilities in final design
and relocation of Outfall
Trans - - Close off Forest Home Drive southbound between The
portation Byway and McIntyre Place due to unstable road
bank . Investigating engineering alternatives -
gabions , bridge , soil stabilization and related
costs of repair
Counseling of Town residents on latest plans for Rt .
79
Preparation of Fall Northeast Trasnit routes to
include Evening and Saturday service
Drainage - Begin dredging of Fall Creek in Forest Home
Investigation of retaining wall alternatives -
gabion , concrete or metal bin walls , etc . , and
costs for Forest Home Drive - Flatrock
- Hauling of rip rap for upper portion of Quick
waterway and Ewing - Sapp waterway
- Mini - study and implementation of improved drainage
pattern at Drew - Sheffield Roads
- Meeting with homeowners at Blackstone Avenue - St .
Catherine Circle area
- Discussion with I . Lazar about operation to dam in
Forest Home
LPF / nf
Town Board 2 August 13 , 1984
He went on to say that a meeting has been scheduled with DEC on
August 23 to review our draft outline for the Lake Monitoring
Program. The draft outline has been thoroughly reviewed locally by
the SJS and the BPW with extensive input from Ray Oglesby . We
expect to meet with EPA in September . At a separate session with
DEC on the 23rd we will present our facts and figures on the budget
for the remaining segment as there is a three million dollar
difference between what we have requested and what the current
priority list shows .
Flood Insurance
The staff from FEMA have indicated that our Zoning Ordinance
amendrent dealing with Flood Zones does not totally canply with
® Section 60 . 3d of the National Flood Insurance Program . They have
provided a model local law for our review . So this is a project we
will have to add to our list .
Fire Service Master Plan
Supervisor Desch stated that we are off and running on our working
group involved with the development of a master plan . The next
meeting is August 28 , at a site in the Town . The first meeting was
very worthwhile and there was a considerable number of suggestions
on the types of information that could prove very useful , including
the ticket that is filled out on every call . We are hoping to
complete the task in less than twelve months , but this may prove
too ambitious .
1985 Budget
The 1985 budget development is moving along on schedule . He stated
that he would soon be meeting with the Department heads and will
convene a meeting of the Personnel Committee . He noted that he
would like the meeting to be at such a time that Jean and Larry,
separately , can discuss any personnel matters they might have and
the committee can also ask questions of the Department heads , at
that time .
Town Board members should bring to my attention any specific needs
they would like to see evaluated for possible inclusion in the
budget .
Water/Sewer Improvements
The Supervisor stated that the Town received excellent bids on the
first phase of the Water/Sewer Improvements and we have a bond
resolution to consider later in the meeting . The cash flow
requirements between the ' 84 and ' 85 improvements are such that the
full $ 850 , 000 ( $ 600 , 000 water , $ 250 , 000 sewer) can be borrowed now
with the interest gained to help reduce the permanent financing
costs .
Town Engineer ' s Report
Town Engineer Lawrence Fabbroni presented to the Board his written
report for the period of July 9 through August 13 , 1984 . (Copy
attached to the minutes ) .
® Town Engineer Fabbroni added that Mr . I . Lazar had granted the Town
the right to go into the creek over a portion of the property he
owns and has a permit for . The work must be done by the end of
September .
Town Highway Superintendent ' s Report
Town Highway Superintendent Robert Parkin reported they have
completed the grubbing on the Burns Road project . Started hauling
gravel from Forest Home to the Cornell Orchards . He went on to say
� 5 �
Town Board 3 August 13 , 1984
they would be hot patching the Eastern Heights - Salem areas . Have
finished stripping and hope to start paving very soon .
REPORT OF COUNTY REPRESENTATIVES
County Representative Mary Call reported that the County Board
would be meeting tomorrow to consider the resolution on
reapportionment . She stated that she expected the resolution would
pass . The other resolution to be considered is on the Armory which
she said she would not speculate the outcome of the vote .
® NEW YORK PLANNING FEDERATION ANNUAL PLANNING & ZONING INSTITUTE
RESOLUTION NO . 131
Motion by Councilman Bartholf , seconded by Councilwoman Howell ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorizes Henry Aron , Chairman of the Zoning Board of Appeals and
Nancy Fuller , Secretary of the Zoning Board of Appeals to attend
the New York Planning Federation Annual Planning & Zoning
Institute , September 30 through October 2 , 1984 , at the Nevele
Country Club , Ellenville , New York .
( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
NEW YORK STATE ASSOCIATION OF MAGISTRATES ANNUAL CONFEREWE
RESOLUTION NO , 132
Motion by Supervisor Desch ; seconded by Councilman Cramer ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorizes Justice Merton Wallenbeck , Justice Warren Blye , Court
Clerk Lury Wallenbeck and Court Clerk Sylvia Van Skiver to attend
the New York State Association of Magistrates , 75th Annual
Conference and accredited Advance Training Course and the New York
State Association of Magistrates Court Clerks 5th Annual
Conference , October 7 through October 10 , 1984 , at The Nevele
Country Club , Ellenville , New York .
( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
ACCEPT BIDS ON WATER/ SEWER impROVEmENTS - 1984
Town Engineer Fabbroni presented to the Board his Engineering
Report and bid summary . (Copy attached to the minutes ) .
Councilman Cramer asked why there was such a difference between the
® contractors on the completion time ?
Town Engineer Fabbroni responded that one contractor was planning
on doing the work as filler time during other construction , another
• contractor is not busy .
RESOLUTION NO , 133
Motion by Supervisor Desch ; seconded by Councilman Kugler ,
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Town Board 4 August 13 , 1984
WHEREAS , the Town Board authorized bidding of the " Construction of
Water Main and Sewer Main 1984 Improvements " at the June 11 , 1984
Town Board meeting , and
WHEREAS , the above project was advertised July 2 , 3 , 4 , 1984 for
bids to be opened July 27 , 1984 and subsequently , through change
order , August 6 , 1984 , and
WHEREAS , bids were opened August 6 , 1984 , with the apparent
successful bidder , Vacri Construction Corporation , 33 Otseningo
Street , Binghamton , New York 13903 , with the low total base bid
price of $ 272 , 580 . 00 , and
® WHEREAS , the Town Engineer has tabulated bids and based on bid
proposal accuracy , check of selected references , and bids within
budget , recommends award of contract ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca awards the project , " Construction of Water Main and Sewer
Main 1984 Improvements " , to Vacri Construction Corporation , 33
Otseningo Street , Binghamton , New York 13903 , for the total base
bid price of $272 , 580 . 00 subject to unit prices as actually
installed , and
FURTHER RESOLVED , that a Capital Project be established for this
project with the budget as attached in the Engineer ' s Report .
Town Attorney Buyoucos stated that he would like to look at the
Resolution of Acceptance before it is approved by the Board .
Supervisor Desch noted that the Resolution was not part of the
document .
(Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
MODIFY HIGHWAY MAP
Supervisor Desch read a memorandum fron Montgomery May , Chairman of
the Planning Board dated August 9 , 1984 regarding Pine Tree
Associates Subdivision - Slaterville Road Access .
At the Planning Board meeting of August 7th , Pine Tree Associates
discussed with us their development and access preferences for the
subdivision . In the course of our discussions , it was suggested
that the requested second access to the - property be developed
directly from Slaterville Road . This access could be made at the
extreme easterly portion of the parcel ' s frontage .
An extrance road at this point would satisfy the Town Board ' s
desire to preserve two means of access to the property , without
requiring negotiations with Messrs . Fransden and Quick . In
addition , utility services could be brought in from Slaterville
Road and lots could be developed up the hillside in a phased plan ,
® following real estate demand .
The Slaterville Road access would be more than 400 feet from Pine
Tree Road . Mr . Fred Grout of the State Department of
Transportation has indicated that the regulations concerning street
jogs on State highways would not preclude this access . Approval of
the intersection design by NYSDOT would be necessary prior to final
subdivision approval by the Planning Board ,
The Planning Board has been asked by Pine Tree Associates to
request the Town Board to consider the removal of the existing
Town Board 5 August 13 , 1984
mapped streets subject to the development of either of the
following access alternatives :
PREFERRED ALTERNATIVE : Direct access to the subdivision from
Slaterville Road . Second access fran Regency Lane .
ACCEPTABLE ALTERNATIVE : Direct access to the Subdivision from
Snyder Hill Road in the vicinity of the presently mapped Park Lane .
Second access from Regency Lane .
Engineering information to determine the feasibility of the
preferred alternative would be developed following Town Board
approval of the concept . We would appreciate the Town Board ' s
® consideration of this matter at its regular meeting this Monday ,
August 13 , 1984 .
Supervisor Desch stated that the proposals would resolve the
problem of access without going through Eastern Heights .
Councilman Bartholf noted that the proposal would have two roads
coming out on Route 79 at a short distance from each other .
Councilwoman Raffensperger stated that the developers preferred a
cul-de-sac and probably still prefer a cul-de-sac .
Supervisor Desch responded , yes they still prefer a cul-de-sac .
Councilwoman Raffensperger asked if the intersection with Route 79
and Pine Tree Road is scheduled by New York State to be improved ?
Town Engineer Fabbroni responded that the only improvement to the
intersection would be paving to make it wider . He went on to say
that he was not convinced that another intersection in 400 ' is
desirable and that he was concerned about another access road on to
the Slaterville Road .
Supervisor Desch asked the Board to consider the following wording
of a resolution for Planning Board consideration :
The Town Board hereby gives conceptual approval to the Pine Tree
Associates ' development plans showing access to Slaterville Road
and the Town Board will at a later date upon the granting of
preliminary subdivision approval by the Planning Board , consider
the removal of the existing road on the Official Highway Map after
further consideration by the Planning Board of the alternatives
proposed by the Pine Tree Associates has received conceptual
approval from the Planning Board who will make the choice between
the two alternatives proposed .
Councilwoman Raffensperger asked , then we are approving whatever
the Planning Board comes up with as the Official Highway Map ?
Supervisor Desch responded no , approving this proposal and
whichever alternative the Planning Board choses .
® Councilwoman Raffensperger questioned , we are not approving the
plan , we are approving roads ?
Supervisor Desch responded , yes .
Councilman Bartholf noted , we are giving the Planning Board a
choice of roads .
Supervisor Desch continued , once the preliminary subdivision
approval has been given , this will then remove the current roads on
the Official Highway Map and put on the new road .
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Town Board 6 August 13 , 1984
RESOLUTION NO . 134
Motion by Supervisor Desch ; seconded by Councilman Cramer ,
WHEREAS , the Planning Board of the Town of Ithaca met on August 7 ,
1984 and reviewed the two alternatives for circulation from the
Pine Tree Associates proposed subdivision and has identified the
preferred alternative as a direct access to the Slaterville Road
plus an alternative access ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby grants conceptual approval to either preferred or
acceptable access as described ,
® AND FURTHER BE IT RESOLVED , that the Town Board will remove the
currently shown roads from the Official Highway Map , after the
Planning Board has indicated their preference in alternatives as
proposed by the Pine Tree Associates ,
Councilwoman Raffensperger stated that she was concerned that the
Town Board needs to hold a public hearing before changing the
Official Highway Map . Also , this is the first time the Board has
seen the proposal to put an access road within 400 ' of this
dangerous intersection .
Supervisor Desch responded that the Town Board had held a public
hearing which they then adjourned .
Councilwoman Raffensperger responded , not on this alternative .
Supervisor Desch remarked , that he concurred with Councilwoman
Raffensperger .
Councilwoman Raffensperger asked what the staff ' s technical opinion
was ?
Town Engineer Fabbroni responded , the staff felt the proposed road
was too close for the 45 MPH speed limit . Also , its not generally
good to have two highways less than 1000 ' apart on a high speed
highway .
Mr . Colle , one of the developers , stated that Pine Tree Associates
came to the Board to get the existing layout inside the development
taken off the map . We are caught in the middle . The Planning
Board is not willing to let us develop until the roads inside are
erased . The Town Board won ' t erase the roads until access roads
are developed .
Councilman Bartholf stated that he felt the Preferred Alternative
seems steeper than the access through the Quick property .
Town Engineer Fabbroni responded that the further up the road the
more the grade easement drops off .
Councilwoman Raffensperger questioned if it was necessary to have
® this kind of access for this small number of lots .
Supervisor Desch suggest the following be added to the proposed
resolution :
WHEREAS , the Town Board has a concern about the safety of the
access road to Slaterville Road from the Pine Tree Associates
development ,
THEREFORE BE IT RESOLVED , that the Town Engineer be directed to
give a report as to which access is preferred , at the next meeting .
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Town Board 7 August 13 , 1984
Councilman Cramer remarked , at the last meeting didn ' t we decide to
have egress from the Quick-Frandsen property .
Councilwoman Raffensperger remarked that she was not willing to
vote for a resolution that does not give the Planning Board an
option .
Town Attorney Buyoucos asked if it was possible for the Planning
Board to say we like this development this way , however , we need
more information on water , sewer , etc . , and will require an access
road from this point .
Supervisor Desch responded that the Planning Board had asked the
® Town Board to give conceptual approval .
Town Attorney Buyoucos noted that a clear statement was needed , and
that he was not sure we can accept either one until after a public
hearing .
Supervisor Desch stated that he was trying to stear clear of
repetition of public hearings . After the Planning Board has
hearing and a lot of negative feeling with development , then
Planning Board might not give subdivision approval .
Town Attorney Buyoucos suggested the Supervisor write a letter to
the Planning Board outlining the concerns of the Town Board .
Supervisor Desch stated that he had already done that and that we
are now reviewing the results . He then agreed to write again
noting the consensus that the Snyder Hill Road was preferred over
the Slaterville Road , subject to the approval of the Town Engineer
and subject to a public hearing .
Councilwoman Raffensperger remarked , not saying that either one is
the best , its up to the Planning Board to give approval in
conjunction with the subdivision . She went on to say that she
still didn ' t think the Planning Board should be limited to these
two alternatives .
Supervisor Desch reminded the Town Board that the Planning Board
felt these were the two best alternatives that came out of the
Planning Board meeting , after extensive discussion .
Mr . Colle stated that the Planning Board seems unwilling to act
until the roads inside are removed . They won ' t make a commitment
until the Town Board erases interior roadways .
Councilman Kugler remarked , we can ' t erase the road inside until a
decision has been made on an alternative access road .
RESOLUTION N0 . 135 (Amendment to RESOLUTION NO , 134 )
Motion by Councilwoman Raffensperger ;
WHEREAS , after examination is it the opinion of the Town Board that
® neither alternative is necessarily suitable ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby directs the Planning Board to consider the cul-de-sac
concept along with three options .
There was no second to the motion .
RESOLUTION NO , 136
Motion by Supervisor Desch ; seconded by Councilman Cramer ,
997 j
Town Board 8 August 13 , 1984
RESOLVED , that the Town Board of the Town of Ithaca , at a meeting
held on August 13 , 1984 , recommends that the Planning Board proceed
with the two alternatives for highway circulation for the Pine Tree
Associates Project , and
BE IT RESOLVED , that the Planning Board , in their consideration of
the two alternatives , consider input from the Engineering staff as
to the engineering aspects of both alternatives or any other
suitable alternative , and
BE IT FURTHER RESOLVED , that the Town Board will further consider
the removal of roads on the Official Highway Map after receiving a
report from the Planning Board and the holding of a public hearing .
® ( Desch , Kugler , Cramer , Howell and Bartholf voting Aye . Nays -
Raffensperger) .
SET DATE FOR PUBLIC HEARING TO INCREASE VRTER BENEFIT LEVY
RESOLUTION NO , 137
Motion by Supervisor Desch ; seconded by Councilwoman Howell ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct at public hearing at 7 : 00 P . M . , on September 10 , 1984 , to
consider and increase of $ 2 . 00 in the Water Benefit Levy .
(Desch , Kulger , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
APPROVE ENVIRONMENTAL ASSESSMENT FORM - SPECIAL LAND USE (LIMITED
MIXED USE ) DISTRICT
Supervisor Desch stated that Town Planner Peter Lovi had reviewed
the Environmental Assessment Form for the Special Land Use ( Limited
Mixed Use ) District and recommends a negative declaration of
non-significance . He asked the Board if they had any questions .
RESOLUTION NO . 138
Motion by Councilman Kugler , seconded by Councilwoman Howell ,
WHEREAS , the Town Planner Peter Lovi has reviewed the Environmental
Assessment Form on the Special Land Use (Limited Mixed Use)
District amendment to the Zoning Ordinance and made a determination
of non-significance for this action ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby approves the finding of the Town Planner and also
makes a determination of non- significance on the amendment to the
Zoning Ordinance regarding the Special Land Use ( Limited Mixed Use)
District .
® (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none ) .
CONSIDER RAISING THE bATER SURCHARGE BY 5% TO A TOTAL OF 10 %
Proof of posting and publication notice of a Public Hearing to
consider raising the water surcharge by 5 % to a total of 10 % having
been presented by the Town Clerk , _ the Supervisor opened the public
hearing .
Town Board 9 August 13 , 1984
Town Engineer Lawrence Fabbroni presented the following list of
inprovements
WATER SYSTEM MAINTENANCE IMPROVEMENTS
Present Worth
1984 Ten Year
Pine Tree Road Tank Painting $ 30 , 000 $ 30 , 000
Pine Tree Road Tank Cathodic 6 , 500 6 , 500
Hungerford Hill Tank Painting 35 , 000 35 , 000
® Hungerford Hill Tank Cathodic 61, 500 6 , 500
Meter Conversion West Hill 21000 21000
Meter Conversion Forest Herne 2 , 000 2 , 000
Ridgecrest Tank Cathodic 6 , 500 6 , 500
Annual Cathodic Maintenance 3 , 000 30 , 000
Disposal of Old Transformers 5 , 000 51000
Bolton Point Maintenance of Equipment -
PRV ' s , meters , pump station , cathodic -
Annually 6 , 000 60 , 000
Parts Replacement - check valves , gate
valves , PRV ' s , master meters , curb
boxes , valve boxes , pipe , insulation ,
painting , mowing , etc . - Annually 10 , 000 100 , 000
Emergency Response - Labor & Mach . 71500 75 , 000
Cyclical Painting of Tank Interiors
Once every seven years - Annually 51000 50 , 000
Cyclical Painting of Tank Exteriors
Once every seven years - Annually 51000 50 , 000
$ 458 , 500
Present Worth Needs $45 , 850 per year .
Supervisor Desch stated that we did very well in our maintenance
program for a number of years , now there are too many pressures and
we need to set aside $ 30 , 000 to get back on track .
Councilman Kugler asked if we do our own work or hire it out ?
Town Engineer Fabbroni responded , hire out the painting and
cathodic protection work .
® Councilman Kugler asked the Town Engineer if he had looked at the
tanks there were already done ?
Town Engineer Fabbroni responded that he hoped to look at them
before summer was over .
As no one present wished to speak , the Supervisor closed the public
hearing .
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Town Board 10 August 13 , 1984
Councilwoman Raffensperger noted that it had come to her attention
that there were properties in the Town that were supposed to have
hooked up to water and sewer and they have not . She went on to say
that these persons should be required to hook up .
Supervisor Desch responded that there was no time specified for
water hook up . There was a grace period for sewer , as a part of
some of the original sewer districts , before thet were dissolved .
There was a ten year grace period , which is now over . The Town
Board can now set a time to require hook ups .
RESOLUTION NO . 139
® Motion by Supervisor Desch ; seconded by Councilman Cramer ,
WHEREAS , the Town of Ithaca currently assesses a surcharge of 50 on
public water bills for the maintenance of the Town water system and
a surcharge of 70 on the public water bills for maintenance of the
Town sewage collections system , and
WHEREAS , the water surcharge revenues have in the past been
sufficient to accomplish not only repairs and electrical pumping
costs but also the painting program involving Town reservoirs , and
WHEREAS , the cost of electricity and repairs have increased faster
than the revenues generated by increased consumption thereby
causing the painting program to be deferred , and
WHEREAS , a 5 % increase will generate approximately $30 , 000 of
additional revenue annually with cost incrase for a consumer
household estimated to be about $ 6 . 00 per year ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby increases the water surcharge from 5 % to 10 % in order
to reinstate the annual painting program , such that sufficient
revenue will be generated in 1985 to enable the Town to repair and
paint the Pine Tree Road or Hungerford Hill reservoirs , and
BE IT FURTHER RESOLVED , that the increases shall become effective
with consumption during September , October , and November billing
quarter wherein the December 1 , 1984 bill would reflect the
increase .
(Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf - voting
Aye . Nays - none) .
PERSONS TO BE HEARD
No one present wished to speak .
REALLOCATION OF FRS DRAINAGE FUNDS
Town Engineer Fabbroni stated that as the Burns Road project
Proceeded it became apparent that it would be necessary to transfer
$ 10 , 000 from the Drainage account to the Burns Road Bridge account
for the following reasons .
1 ) Amount left in Burns Road account is as originally estimated in
1982 for 1983 .
2 ) There was considerably more grubbing for heavy equipment
because of highway department scheduling conflicts , wet conditions
in low land , size of willows , stream permits , etc .
Z LIZ
Town Board 11 August 13 , 1984
3 ) A major base survey error was found on layout which results in
longer haul distances and required redesign to balance out .
4 ) Stream permit requirement calls for temporary culvert
installation .
5 ) The density and water moisture content of borrowed material
requires an additional bulldozer to productively load pans .
6 ) $13 , 492 . 50 rental cost through August 2 . Additinal $ 15 , 000 -
$ 20 , 000 expected through earthwork completion .
Supervisor Desch asked if it would be necessary to close the road
® at the south end ?
Town Engineer Fabbroni responded no , we dropped down the elevation
and will tie in 250 ' above the spot where we had originally planned
to tie in . Mr . Fabbroni suggested that the Board members go out
and look at the project .
Supervisor Desch noted that Federal Revenue Sharing money can now
be transfered without a public hearing .
RESOLUTION NO . 140
Motion by Councilwoman Howell ; seconded by Councilman Bartholf ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorizes the reallocation of funds from Federal Revenue Sharing
Drainage account in the amount of $101000 , Account H5110 to Burns
Road Bridge Account H5122 .
(Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
JANITOR POSITION
Town Engineer Larry Fabbroni stated that Stanley Shriver has been
working with the Town as a janitor under the County Sumer Job
Training Program and is eligible for permanent employment .
Supervisor Desch stated that he had talked to Leon Poelvoorde and
that Leon indicated that he would not be interested in keeping the
job after his retirement from the Highway Department . The
Supervisor asked who would be supervising Stanley Shriver ?
Town Engineer Fabbroni responded that he would be supervising
Stanley Shriver ,
Supervisor Desch asked , what hours will Stanley be working?
The Town Engineer responded , Wednesdays from 12 : 00 noon to 7 : 30
P . M . , the remainder of the week he will be working from 8 : 30 A .M.
to 4 : 00 P . M .
® Supervisor Desch noted that once Leon is gone , there will be no
supervision after hours . lie went on to say that right now we are
spending between $ 1 , 500 and $ 2 , 000 per year for janitorial
services . In 1986 , you will be looking at something between $ 4 , 000
and $ 6 , 500 . He then asked the Board if they were ready to make
this level of Commitment ,
Councilman Cramer stated that the Board should look at the list of
duties .
Lo
Town Board 12 August 13 , 1984
MAINTENANCE WORKER JOB DESCRIPTION
1 . Shovel snow from sidewalks and other walkways .
2 . Patch sidewalks and other walkways .
3 . Pick up litter around Town buildings .
4 . Maw lawn and trim shrubs around Town buildings .
5 . Clean building windows ( outside twice a year minimum) .
6 . Clean gutters , fix pigeon screens .
7 . Touch up painting on exterior as required at Town Hall .
8 . Interior painting on all buildings including trim touch up .
9 . Exterior painting of Town waterpump stations .
10 . Mopping of all floors once a week .
11 . Waxing of all floors twice a year .
® 12 . Dusting of all surfaces twice a month .
13 . Sanitizing of all bathrooms once a week .
14 . Enptying of trash receptacles twice a week .
15 . Set out and take in garbage cans on garbage pickup day .
16 . Sweep alleyway once every two months (winter -- as possible ) .
17 . Run eerrands for Town Hall staff .
18 . Shampoo rugs twice a year .
19 . Dry clean drapes once a year .
20 . Dust blinds twice a year .
21 . Build storage shelves as necessary .
22 . Assist staff , in particular , mailings , surveys , mowing ,
lifting , assembly , delivery , as peak needs demand .
23 . Keep record of extraordinary maintenance contracted on
buildings , e . g . , lock work , roof replacement , exterior
painting , window replacement , plumbing , electrical , door work ,
as ordered .
Town Engineer Fabbroni stated that Stanley would be given this list
to make sure all the work is accomplished ,
Councilman Bartholf wondered if Stanley would get tired of this
type of work after a while .
The Supervisor stated that the Board would need a special meeting
in a week or so on the Bonds and wont on to say that he felt the
Board should meet the person , however , there is no need if the
Board does not want to make this ccmTLitment .
PUBLIC HEARING TLS CONSIDER INCREASING THE BUILDING PERMIT FEES ,
APPLICATION FEE TO ZONING BQARD OF APPEALS AND ALLOW THE COLLECTION
OF A FEE FOR A CERTIFICATE OF OCCUPANCY
Proof of posting and , publication notice of a Public Hearing to
consider amending Section 75 of the Zoning Ordinance to increase
Permit to Build Fees , Section 77 to increase the Applicant Fee for
Appeals to the Board of Appeals , and Section 76 to allow a fee to
be charged for a Certificate of Occupancy having been presented by
the Town Clerk , the Supervisor opened the public hearing .
As no one present wished to speak , the Supervisor closed the public
hearing .
® Councilman Cramer asked what the issuance of a Certificate of
Occupancy entailed ?
Supervisor Desch responded , inspection of the property by Lewis
Cartee before issuance of a certificate .
RESOLUTION NO , 141
Motion by Councilman Bartholf ; seconded by Councilwoman Howell ,
9 LZ
Town Board 13 August 13 , 1984
WHEREAS , the Town Board of the Town of Ithaca held a public hearing
on August 13 , 1984 , to consider amending Sections 75 , 76 and 77 of
the Zoning Ordinance ,
NOW THEREFORE BE IT RESOLVED , that the Town Board authorizes the
following amendments :
Section 75 - Permit to Build
Value of Improvement Present Fee Proposed Fee
$ 1 - $ 5 , 000 $ 2 . 50 $ 5900
51001 - 10 , 000 5 . 00 10000
® 10 , 001 - 20 , 000 10000 20000
20 , 001 - 30 , 000 15 . 00 30900
30 , 001 - 40 , 000 20600 40 . 00
40 , 001 - 50 , 000 25 . 00 50 . 00
50 , 001 - 100 , 000 50900 100000
100 , 001 - 500 , 000 75 . 00 150900
500 , 001 - 11000 , 000 100000 200000
11000 , 001 & Over 150900 300 . 00
Section 77 ( 4 ) - Appeals Fee to Zoning Board of Appeals
Increase from $ 7 . 50 to $ 10 . 00 the applicant fee for appeals to the
Board of Appeals .
Section 76 - Certificate of Occupancy
$ 15 . 00 fee for the Issuance of a Certificate of Occupancy .
Supervisor Desch noted that all persons had been notified , then
called for a roll call vote .
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 adopted .
EXTENSION OF LETTERS OF CREDIT
CCbP40NIAND COMMUNITY
Commondland was to complete certain requirement by September 1 ,
1984 , the developer has now asked for an extension to October 15 ,
1984 so he can finish the road work . We will have the same dollar
amount ( $ 10 , 000 ) .
RESOLUTION N0 . 142
® Motion by Councilman Kugler ; seconded by Councilman Bartholf ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorizes an extension of the Letter of Credit for Commonlands
until October 15 , 1984 in the amount of $ 10 , 000 .
(Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
Town Board 14 August 13 , 1984
LISA PLACE
We have already extended the agreement to July 1 , 1984 , the
developer is now asking for an extension until October 15 , 1984 so
that oiling and stoning can be completed . We are holding $ 2 , 000 .
RESOLUTION N0 , 143
Motion by Supervisor Desch ; seconded by Councilman Kugler ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorizes an extension of the Letter of Credit for Lisa Place
until October 15 , 1984 in the amount of $ 2 , 000 .
® (Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
LEXINGIM DRIVE
This is more complicated , the developer Otto Schoenfeld is
deceased . Harry Hamilton , Attorney for the Schoenfeld estate
stated that the will is being probated , however , Mr . Schoenfeld is
a resident of Texas which complicates the situation . Mr . Hamilton
has requested an extension of the completion date for the road from
September 1 , 1984 to October 15 , 1984 . We have a Letter of Credit
on file .
Supervisor Desch asked why we did not extend the completion date to
November 1st ?
Town Engineer Fabbroni responded that the plants close down about
November 1st .
RESOLUTION N0 , 144
Motion by Councilwoman Raffensperger ; seconded by Councilman
Cramer ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize an extension on the Letter of Credit for the completion
Of Lexington Drive to the estate of Otto Schoenfeld to October 15 ,
1984 .
(Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
COURTSIDE
Courtside is proceeding with improvements and would like to have
the $ 7 , 000 reduced to $ 4 , 300 and extend the Letter of Credit to
November 15 , 1984 .
RESOLUTION NO . 145
® Motion by Supervisor Desch ; seconded by Councilwoman Howell ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize the Letter of Credit for Courtside be reduced from $ 7 , 000
to $ 4 , 300 and an extension of the time to November 15 , 19840
(Desch , Kugler , Raffensperger , Cramex , Howell and Bartholf voting
Aye . Nays - none) .
Town Board 15 August 13 , 1984
TOWN OF ITHACA WARRANTS
RESOLUTION NO 146
Motion by Councilman Cramer ; seconded by Councilwoman Howell ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the Town of Ithaca Warrants dated August 13 , 1984 , in the following
amounts :
General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . $ 38 , 356 . 56
General Fund - Outside Village . . . . . . . . . . . . . . . . $10 , 149 . 71
Highway Furxl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36 , 104 . 01
® Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 64 , 298 . 10
Federal Revenue Sharing Fund . . . . . . . . . . . . . . . . . . $ 1 , 131 . 18
Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . $ 330 . 51
Parks Reserve Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11 , 690 . 24
Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 18 , 997 . 78
(Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
BOLTON POINT WARRANTS
RESOLUTION NO . 147
Motion by Supervisor Desch ; seconded by Councilman Kugler ,
RESOLVED , that the Bolton Point Warrants dated August 13 , 1984 , in
the Operating Account are hereby approved , in the amount of
$ 100 , 048 . 69 after review and upon the recorrmendation of the
Southern Cayuga Lake Intermunicipal Water Camrdssion , they are in
order for payment .
( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
SEWER CONNECTIONS
Supervisor Desch noted that there was a few minutes before the next
public hearing , let ' s discuss Councilwoman Raffensperger ' s canunent
on sewer connections . The Board can set a date now to require
those who have not connected to the sewer to do so . He suggested
July 1985 ,
Councilman Cramer asked how many houses are not connected ?
Town Engineer Fabbroni responded , between thirty and forty houses .
Councilwoman Raffensperger commented , we told people they had to
hook on to the sewer then we didn ' t make them do it .
Town Engineer Fabbroni commented , on Bundy Road , I told them they
® had a ten year extension , you had better buy me a bullet proof
vest .
Councilwoman Raffensperger asked , what about Forest Home area ?
Supervisor Desch responded , there was no moritorium there , there is
no remaining grace period for Forest Hone ,
ADOPTION OF A LOCAL LAW TO REVISE ARTICLE II , SECTION 1 , OF THE
TOWN ZONING ORDINANCE BY ADDING TO THE LIST OF PERMISSIBLE DISTRICT
Town Board 16 August 13 , 1984
ITEMIZED IN SAID SECTION , A DISTRICT DESIWTED AS A SPECIAL LAND
USE DISTRICT ( LIMITED MIXED USE
Proof of posting and publication notice of a public hearing to
consider the adoption of a Local Law to revise Article II , Section
1 of the Town Zoning Ordinance by adding to the list of permissible
districts itemized in said Section , a district designated as a
Special Land Use District (Limited Mixed Use) having been presented
by the Town Clerk, the Supervisor opened the public hearing .
As there was no person present who wished to speak for or against
the proposed local law , the Supervisor closed the public hearing .
® LOCAL LAW N0 . 2 - 1984
Motion by Councilman Cramer , seconded by Councilman Kugler ,
LOCAL LAW NO . 2 - 1984
A LOCAL . LAW AMENDING SECTION 1 , OF ARTICLE II OF THE TOWN CF ITHACA
ZONING ORDINANCE BY ADDING TO THE LIST OF PERMISSIBLE DISTRICTS
WHICH MAY BE DESIGNATED AS SPECIAL LAND USE DISTRICT (LIMITED MIXED
USE) *
Section 1 . This local law amends Section 1 of Article II of the
Town of Ithaca Zoning Ordinance by adding to the list of
permissible districts which may be designated as Special Land Use
District ( Limited Mixed Use) .
Section 2 . The uses permitted in such district will be such a
combination of the uses permitted in a residential and agricultural
district and in Business Districts A, B , and E as the Town Board
may permit . The diverse uses must be combined in a unified plan .
Section 3 . The establishment of any such district shall lie in the
sole discretion of the Town Board , as a legislative body . It shall
be established by amending the Zoning Ordinance to permit such
establishment . The enactment and establishment of such a district
shall be a legislative act . No owner of land or other person
having an interest in land shall be entitled as a matter of right
to the enactment or establishment of any such district .
Section 4 . The provisions of the Zoning Ordinance and Planning
Board Regulations , as they may be amended from time to time , and
any other regulations , orders , rules and resolutions shall apply to
the establishment of any such district . In addition , the Town
Board may impose such conditions and restrictions governing the
establishment and regulating the use of land in any such district
as the Town Board deems necessary and desirable .
Section 5 . Except as may hereafter be required by the Town Board ,
the procedures governing an application for site plan approval as
provided in Section 46 and 46 (a) shall apply except that no
application for the establishment of any such district shall be
referred to the Planning Board except by the Town Board .
® Section 6 . Projects such as the Wiggins "La Tourelle " Project , the
Rocco Lucente Sapsucker Woods Project and the Lake Shore West
Project which have been in the process of being reviewed by the
Town Board and the Planning Board shall be deemed to have been
referred to the Planning Board and the Town Board may amend the
Zoning Law to establish such Special Land Use Districts , if final
approval or recommendation has been made by the Planning Board .
Town Board 17 August 13 , 1984
Section 7 . If any portion of this law is declared invalid by a
court of competent jurisdiction , the validity of the remaining
portions shall not be affected by such declaration of invalidity .
Section 8 . This law shall take effect immediately .
Supervisor Desch called for a roll call vote .
Councilman Bartholf Voting Aye
Councilman Cramer Voting Aye
Councilwoman Howell Voting Aye
Councilman Kugler Voting Aye
Councilwoman Raffensperger Voting Aye
® Supervisor Desch Voting Aye
Local Law No . 2 - 1984 , was thereupon declared duly adopted .
ADOPTION OF THE ENACTMENT OF A LOCAL LAW AMENDING THE ZONING
- ORDINANCE TO PERMIT ERECTION AND OPERATION OF AN 80 UNIT MOTEL (TO
BE USED AS A BED AND BREAKFAST INN) ON THE PROPERTY OF WALTER J .
AND JOYCE WIGGINS (PARCEL NO . 6 -36-1-4 . 2 ) CONSISTING OF ABOUT 20
ACRES ON THE WEST SIDE OF THE ITHACA-DANBY HIGHVAY , ROUE 96B
Proof of posting and publication notice of a Public Hearing to
consider the enactment of a local law amending the Zoning Ordinance
to permit erection and operation of an 80 unit motel ( to be used as
a Bed and Breakfast Inn ) on the property of Walter J . and Joyce
Wiggins ( Parcel No . 6 -36-1-4 . 2 ) consisting of about 20 acres on the
west side of the Ithaca-Danby Highway , Route 96B having been
presented by the Town Clerk , the Supervisor opened the public
hearing .
Supervisor Desch stated that Mr . Bill Downing , architect for the
Walter Wiggins project is here and will answer any questions .
As no one present wished to speak , the Supervisor closed the public
hearing .
LOCAL LAW NO . 3 - 1984
Motion by Councilwoman Howells seconded by Supervisor Desch ,
LOCAL LAW NO . 3 - 1984
A LOCAL LAW RELATING TO THE WALTER J . AND JOYCE Y . WIGGINS LA
TOURELLE DEVELOPMENT ON ITHACA-DANBY ROAD ( ROUE 96B ) , AMENDING THE
ZONING ORDINANCE TO PERMIT CONSTRUCTION OF A BED AND BREAKFAST INN
WHEREAS .
1 . The Planning Board has extensively reviewed the proposed "La
Tourelle " development of Walter J . and Joyce Y . Wiggins at public
hearings duly and properly held during the Winter and Spring of
1984 .
® 2 . On June 5 , 1984 , the project was granted Final Site Plan
Approval by the Planning Board ,
3 . All necessary environmental reviews have been completed , after
which -it was determined that the project would have no significant
impact on the environment .
4 . The Planning Board has determined that :
(a) There is a need for the proposed use in the proposed
Town Board 18 August 13 , 1984
location .
(b) The existing and probable future character of the
neighborhood will not be adversely affected .
(c) The proposed change is in accordance with a ccuprehensive
plan of development in the Town .
5 . The Planning Board has recommended that the Zoning Ordinance be
amended to permit this development as proposed and reviewed .
NOW THEREFORE BE IT RESOLVED :
® 1 . That Article II , Section 1 , of the Town of Ithaca Zoning
Ordinance be and hereby is amended by adding to the permissible
districts itemized in said Section a district designated as
" Special Land Use District # 1 " .
2 . In the event that the Town should further amend the Zoning
Ordinance by adding to the list of permitted Districts a Special
Limited Mixed Use District , the District described by this Local
Law shall be designated as such a Mixed Use District .
3 . The uses permitted in this Special Land Use District are :
( a) Any use permitted in a Residential District R-15 .
(b) The operation of a hotel or motel to be used as a Bed and
Breakfast Inn , with site plan approval by the Planning
Board .
(c) The existing construction and use of that portion of the
premises now used and occupied as the L ' Auberge du Cochon
Rouge restaurant and the Barn Apartments as shown on the
final site plans and/ or the survey map of "A Portion of
the Lands of Walter J . and Joyce Y . Wiggins " , dated July
3 , 1984 .
49 This Special Land Use District includes all lots and area
requirements of Residential District R-15 except as modified below :
(a) Side Yards : May not be less than 30 feet .
(b ) Spaces between Buildings : The distance between any two
structures shall be no less than the average height of
both , except that a shorter distance may be allowed if
the resulting space is to be used and maintained as a
fire lane .
(c) Height : No structure shall be greater than 55 feet from
the lowest point at grade to the highest point on the
roof line .
(d) Storeys : No more than two storeys . However , as many as
four dwelling units may be constructed in the basement of
the first phase of the development .
5 . Notwithstanding the provisions of Section 3 , above , the
following particular covenants and restrictions shall govern the
use of the lands in this Special Land Use District # 1 , otherwise
known as "La Tourelle , a Bed and Breakfast Inn " .
( a) The only new construction and use permitted in the above
District shall be a hotel or inn containing no more than
80 units for guests . Such hotel or inn may be
constructed in phases .
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Town Board 19 August 13 , 1984
(b) The exterior design , specifications , and plans for the
buildings and other improvements to be constructed on the
premises and the development of the grounds and
construction of all outside facilities including lighting
and signs shall be limited to those shown on the final
site plan approved by the Planning Board , June 5 , 1984 ,
and on other designs , architects ' s drawings , plans , and
other documents submitted to and approved by the Planning
Board , and shall be in accordance with all such
documents ,
(c) An additional building permit is required for the
construction of signs and outdoor lighting facilities .
® Such permit shall not be issued until the Planning Board
has approved the design and specifications therefor .
(d) No cooking operations or facilities shall be permitted in
the hotel , except that a continental breakfast solely for
guests of the hotel , may be served daily .
( e) No portion of the outside area of the Special Land Use
District shall be used for the service of food or
beverages , nor any public assembly , nor dancing or
musical activities , except as follows :
( 1 ) At any time subsequent to the adopticn of this
Local Law the Town Board may adopt regulations
by resolution or by amendment of the Town
Zoning Law to implement the provisions of this
Local Law , which may also include a requirement
that the owner or his duly authorized
representative , obtain a special permit from a
person designated by the Town Board for that
purpose to permit the use of portions of the
outdoors area in the immediate vicinity of the
La Tourelle structure for limited , temporary or
occasional serving of food and beverage for the
guests of La Tourelle for special occasions
such as weddings or other social occasions .
Such regulations shall be adopted only after a
public hearing has been held , notice of which
has been published in the Official Newspaper ,
at least 5 days prior to such hearing and
written notice thereof has been mailed or
delivered personally to the owner of the above
project , or his duly authorized representative ,
and to such other owners of property , as the
Town Board may direct . Until such time as such
regulations may be adopted , the lands may be
used for the outdoor activities , as described
above , without a permit .
( f) All ambient noise associated with the use of this
property shall be regulated by Article VIII , Section 42
of the Zoning Ordinance .
® ( g) Ingress and egress shall be through the driveway leading
to State Highway Route 96B past the restaurant as shown
on the final site plan and survey map dated July 3 , 19840
( h) All construction must comply with all applicable laws ,
codes , ordinances , rules and regulations .
( i ) These covenants may be enforced by the owner of any land
lying within 500 feet of the boundaries of this district ,
and/or by the Town of Ithaca .
0OZ
Town Board 20 August 13 , 1984
( j ) The above restrictive covenants shall run with the land
and shall be incorporated in a document which shall be
signed by the Owner and recorded in the Tompkins County
Clerk ' s Office . No portion of the building shall be
occupied or otherwise used unless a valid Certificate of
Occupancy has been issued .
6 . This Special Land Use District shall be added and hereby is
added to the Official Zoning Map of the Town of Ithaca at the
location given in Schedule A below .
7 . In the event that any portion of this law is declared invalid
by a court of carpetent jurisdiction , the validity of the remaining
® portions shall not be affected by such declaration of invalidity .
8 . The Town reserves for itself , its agencies , and all other
persons having an interest , all remedies and rights , to enforce the
provisions of this law , including , without limitation , actions for
an injunction or other equitable remedy , or action and damages , in
the event the owner of the parcel covered by this law fails to
comply with any of the provisions thereof .
9 . This law shall take effect immediately .
SCHEDULE A :
REVISED DESCRIPTION OF PORTION OF 1AND OF
WALTER J . AND JOYCE Y . WIGGINS
TO BE REZONED
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 lands of Laurent and Kaethe Bessou , designated
as Tax Parcel No . 6 -36-1-4 . 3 :
1 . Thence , southerly along said center line 435 ' more or less , to
the northeast corner of property of Irene Stout , designated as Tax
Parcel No . 6 -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 propety and the north line of lands of Fairview Manor
Realty Co . , Tax Parcel No . 6 -36-1 -6 ;
4 . Thence , westerly , in part along a northerly property line of
lands of Fairview Manor Realty Co . ,, and designated as Tax Parcel
No . 6-36-1 -6 , 1100 ' 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 No . 6 -37-2-20 . 2 ;
6 . Thence , easterly along Leonardo ' s southerly line 600 ' to a
point ,
7 . Thence , southerly , in part along the vest line of Bessou ' s
property ( designated as Tax Parcel No . 6-36-1 -4 . 3 ) 400 ' more or
less to their southwest corner ,
Z 6Z
Town Board 21 August 13 , 1984
8 . Thence , easterly along Bessou ' s southerly line , 700 ' more or
less to the centerline of Route 96B and the Point of Beginning .
Containing 20 . 3 Acres , more or less .
Supervisor Desch called for a roll call vote .
Councilman Bartholf Voting Aye
Councilman Cramer Voting Aye
Councilwoman Howell Voting Aye
Councilman Kugler Voting Aye
Councilwoman Raffensperger Voting Aye
Supervisor Desch Voting Aye
® Local Law No . 3 - 1984 , was thereupon duly adopted .
ADOPTION OF A LOCAL LAW WHICH WILL AMEND THE ZONING ORDINANCE TO
PERMIT THE CONVERSION OF 14 BUIIDINGS ON THE ROCCO LUCEN'I'E ,
SAPSUCKER WOOODS ROAD SUBDIVISION (PARCEL NO . 6-70 - 10-3 . 12 THROUGH
6 -70-10-3 . 25 ) SO THAT EACH BUILDING WILL BE DIV= INTO 4
RESIDENTIAL UNITS
Proof of posting and publication notice of a Public Hearing to
consider a local law which will amend the Zoning Ordinance to
permit the conversion of 14 buildings on the Rocco Lucente ,
Sapsucker Woods Road subdivision ( Parcel No . 6 -70 -10 -3 . 12 through
6 -70-10 -3 . 25 ) so that each building will be divided into 4
residential units having been presented by the Town Clerk , the
Supervisor opened the public hearing .
The question was again asked , if the property is sold by Mr .
Lucente , the new owner must be a resident ?
Town Plannner Peter Lovi responded , the building must be owner
occupied .
Town Attorney James Buyoucos noted that the local law does not
state a period of occupancy .
Mr . David G . Allen , 254 Sapsucker Wood Road commented on parking
and garages , noting that the enclosed garages are now used for the
storage of junk . He went on to say that he stands on what he said
at the Planning Board hearing .
As no one else wished to speak , the Supervisor closed the public
hearing .
Councilwoman Raffensperger asked about a new owner not living in
the building?
Town Planner Lovi responded that if one unit in a structure was not
owner occupied , then the structure can only be occupied according
to the stipulations of an R-15 zone .
® LOCAL LAW NO . 4 - 1984
Motion by Councilman Cramer , seconded by Councilwoman
Raffensperger ,
LOCAL LAW NO . 4 - 1984
A LOCAL LAW RELATING TO ROCCO LUC ENTE - SAPSUCKER TAODS ROAD
SUBDIVISION ANUZM NT TO THE ZONING ORDINANCE TO PERMIT CONVERSION
OF 14 DWELLING UNITS
ZE
Town Board 22 August 13 , 1984
RESOLVED .
That the Town Board of the Town of Ithaca enact and hereby does
enact this Local Law to amend the Zoning Ordinance of the Town of
Ithaca to permit the 14 existing buildings located at 108 through
230 Sapsucker Woods Road , Town of Ithaca Parcels No . 6 -70 -10 -3 . 12
through 6 - 70 -10-3 . 25 , owned by Rocco Lucente and more particularly
described in Schedule A of this Resolution , to be modified to
permit the conversion of each existing building to no more than
four ( 4 ) dwelling units subject to the following terms and
conditions :
1 . ZONE DESIGNATION OF AREA
® The area covered by this Local Law shall remain Residence District
R-15 and all provisions of the Town Zoning Ordinance , as amended ,
shall govern , except as otherwise modified by this resolution or
any law or ordinance adopted pursuant thereto .
2 . CONVERSION OF DWELLING UgITS
Each of the 14 buildings may be converted into no more than four
( 4 ) dwelling units , consisting specifically of two ( 2 ) , two-bedroom
dwelling units and two ( 2 ) , one-bedroom dwelling units , as more
particularly shown on the final building plan and final site plan
approved by the Planning Board and subject to any other
requirements of the Planning Board , and the Town Board ,
3 . CONVERSION PERIOD
(a) The conversion of the 14 structures must be completed
within five ( 5 ) years of the adoption of this Local Law.
Any structure which has not been converted within this
five ( 5 ) year period may not be later converted or
remodelled to contain more than two ( 2 ) dwelling units
and the present owner , Rocco Lucente , or any of his
successors , distributees , assigns , or other transferees ,
shall have waivered and surrendered any prior right to
rent and he or they are specifically prohibited from
renting, such building to a greater number of occupants ,
including unrelated occupants , than is allowed in a
Residence District R- 15 for two ( 2 ) family houses , under
the current provisions of the Town Zoning Ordinance as of
the date of the adoption of this Local Law .
(b) The process of conversion shall be planned so that there
shall be no more than four ( 4 ) structures uncompleted at
any time , except that the planting of trees and shrubbery
on any lot may be postponed to a more favorable season ,
but no more than twelve ( 12 ) months after completion of
the conversion .
4 . OCCUPANCY RESTRICTIONS
(a) Except as stated in paragraph 3 ( a) , occupancy of each of
® the two (2 ) one-bedroom dwelling units in any converted
structure shall be limited to one household (or family) ,
which is defined either as , ' any numer of persons related
by blood or marriage , including adopted children ' or ' no
more than two unrelated persons occupying a single
dwelling unit . '
(b) Except as stated in Paragraph 3 ( a ) , each of the two ( 2 )
two-bedroom dwelling units in any converted structure
shall be occupied by no more than one household or
family, as described above , plus one unrelated person .
Town Board 23 August 13 , 1984
( c) After the conversion , remodelling , or modification of any
such structure has begun pursuant to a valid building
permit , the structure shall not be occupied or leased
other than in conformance with the requirements of this
Resolution .
5 . CONVERSION INTO LESS THAN FOUR UNITS
In the event any structure is , at any time , converted to less than
four dwelling units , the conversion shall be final , and any such
structure shall thereafter contain no more than such lesser number
of units into which the building was converted and the number of
such dwelling units in such structure shall not be thereafter
® increased . For example , any structure converted into 3 or 2
dwelling units shall thereafter continue to be used and occupied
only as a 3 or a 2 dwelling unit structure , as the case may be .
6 . DESTRUCTION OF BUILDING
If any converted building is partially or substantially destroyed
or damaged by fire or other " act of God " , the owner may rebuild a
structure of similar design and dimensions , having no more than the
number of dwelling units it contained immediately prior to such
damage or destruction .
7 . OWNER OCCUPANCY
At least one dwelling unit in each of the structures , after any
conversion as provided herein , or after a sale or other transfer of
title by Rocco Lucente or his executors or administrators , shall be
owner-occupied ; such owner , however , must qualify as a household
( or family) as defined herein . If any such structure is sold or
title is otherwise transferred by Rocco Lucente , such new owner or
transferee of title must occupy at least one dwelling unit in any
such structure within 13 months of acquiring title , if , thereafter ,
a structure is not occupied by the owner then the structure may be
occupied only as permitted by the regulations of a Residential
District R- 15 for a two-family dwelling as if this amendment to the
Zoning Ordinance had not be adopted .
8 . PARKING
( a) Parking of automobiles may be permitted in the front yard
in areas designated therefor .
(b) The number of automobiles and the space which shall be
provided for each building shall be six ( 6 ) , at least 2
of which shall be in an enclosed garage and the remainder
of which shall be parked in the front yard . No more than
one automobile shall be parked in each space .
( c) The location and materials of each parking space and
driveway shall be located and constructed in accordance
with the requirements of the Town Planning Board as shown
on the final , approved site plan , or as otherwise
® provided by the Planning Board .
(d) Parking spaces and driveways must be maintained in good
repair and neat condition at all times .
9 . RESTRICTIVE COVENANTS AND OCCUPANCY
( a) No building shall hereafter be occupied by any occupant
either as an owner , or his household or family or his
lessee , until :
90
Town Board 24 August 13 , 1984
( 1 ) A document containing restrictive covenants
substantially as provided herein and containing such
additional provisions as may be reasonably required
to carry out the purposes of this law shall have
been signed and acknowledged by the present owner ,
Rocco Lucente , and recorded in the Tompkins County
Clerk ' s Office .
( 2 ) A Certificate of Occupancy has been issued by the
Town for each dwelling unit in the structure .
(b) Such covenants and restrictions shall run with the land
and may be enforced by any one or more of the following :
® ( 1 ) The Town Board .
( 2 ) Any owner of any of the lots ( 2-15 ) covered by this
law .
(c) The restrictive covenants and all other provisions of
this law shall bind Rocco Lucente , his heirs ,
distributees , successors , and assigns or any other person
who may now have interest in the title of the land .
10 . INVALIDITY AND SEVERABILITY
In the event that any portion of this law is declared invalid by a
court of competent jurisdiction , the validity of the remaining
portions shall not be affected by such declaration of invalidity .
11 . DEFINITIONS
The words " structure " and "building" may be used interchangeably .
12 . ENFORCEMENT
The Town reserves for its agencies , and all other persons having an
interest , all remedies and rights , to enforce the provisions of
this law , including without limitation , actions for any injunction
or other equitable remedy , or action and damages , in the event the
owner of any of the parcels covered by this law fails to comply
with any of the provisions thereof .
13 . This law shall take effect immediately .
SCHEDULE A
Description of land of Rocco Lucente on Sapsucker Woods Road .
The area to which the provisions of this law apply is located on
the West side of Sapsucker Woods Road , and consists of 14 lots
( Lots 2 to 15 inclusive ) , shown on the survey map of the "Rocco
Lucente Subdivision on the West side of Sapsucker Woods Read " made
by Carl Crandall , C . E . , dated April 8 , 1967 , a copy of which is on
file in the Office of the County Clerk .
® The area begins on the West side of Sapsucker Woods Road at a point
which is the Northeast corner of Lot 1 as shown on said map , which
is 250 feet North from the intersection of the West line of
Sapsucker Woods Road and the North line of Hanshaw Road ; thence
North 1427 feet , more or less , along the street line to the
Northeast corner of Lot 15 ; thence to the Northwest corner of Lot
15 ; thence South along the West line of Lots 15-11 inclusive , 497 . 5
feet , more or less , to the Southwest corner of Lot 11 ; thence East
about 25 feet to the Northwest corner of Lot 10 ; thence South along
the West line of Lots 2-10 inclusive , 950 feet , more or less , to
Town Board 25 August 13 , 1984
the Northwest corner of Lot 1 ; thence East along the North line of
Lot 1 , 175 feet to the place of beginning .
Supervisor Desch called for a roll call vote .
Councilman Bartholf Voting Aye
Councilman Cramer Voting Aye
Councilwoman Howell Voting Aye
Councilman Kugler Voting Aye
Councilwoman Raffensperger Voting Aye
Supervisor Desch Votina Aye
Local Law No . 4 - 1984 , was thereupon declared duly adopted by a
® slight change to clarify certain portions . The Local Law was
adopted at the meeting , due to the need of the owners and
developers to begin the project .
PUBLIC HEARING TO CONSIDER AMENDING THE NO PARKING ORDINANCE
Proof of posting and publication notice of a Public Hearing to
consider amending the No Parking Ordinance to include No Parking on
both sides of Winthrop Drive from the entrance to the Northeast
School parking lot , Westerly to the intersection with Brandywine
Drive having been presented by the Town Clerk , the Supervisor
opened the public hearing .
Harlin Mc Ewen , 422 Winthrop Drive stated that he wanted to know
what prompted the Town Board to consider this amendment to the No
Parking Ordinance ?
Supervisor Desch responded , the letter from Timothy and Anne
Benedict dated July 25 , 1984 :
"We wish to bring to your attention a problem situation on the
segment of Winthrop Drive from Northeast School west to Brandywine
Drive . The problem involves the parking of vehicles along both
shoulders of Winthrop Drive by those individuals and groups using
the athletic playing fields belonging to the school . This
situation occurs almost every evening throughout the spring ,
summer , and fall .
This situation is extremely dangerous for the following reasons :
I . The potential for a child or pet being hit by a car is
very great .
2 . With cars parked along both shoulders , there is only roan
for one way traffic .
3 . People stepping out of their parked cars are stepping
directly into the road .
4 . These cars are very often parked close to the driveways
along the road and this tends to restrict one ' s view when
Pulling out of the driveway .
The Tampkins County Sheriffs Department is aware of this situation
as they send an officer up several times each week to request that
cars along Winthrop Drive be moved .
As our residence is in the "Heart " of this problem area , we
respectfully request that "No Parking" signs be installed and
enforced along this portion of Winthrop Drive . This will in no way
inconvenience those who are using the playing fields as there is
more than ample parking very close by in the Northeast School
parking lot .
0 t
Town Board 26 August 13 , 1984
Your prompt action concerning this matter will be greatly
appreciated . " Signed Timothy and Anne Benedict ,
Mr . Mc Ewen stated that the School District was a bad neighbor . He
then showed pictures that he had taken in 1979 . He went on to say
that the exact same situation exists tonight , there are never any
cars in the parking area though . The play areas have become a
community athletic field . There is no management of parking . On a
Sunday afternoon when you hope for a little peace and quiet , there
are always horns blowing and yelling .
Mr . Mc Ewen went on to say that somebody has to get permission to
use the fields . Also , cars are now driving on the playgrounds .
® There need to be rules requiring the cars to park in the parking
lot .
A lady on Winthrop Drive asked what would happen if we or the
neighbors have a party , there will be no place for them to park if
parking is banned on both sides of the road .
Harlin Mc Ewen commented that safety was a severe problem . Several
times you couldn ' t get a fire truck down through Winthrop Drive .
He went on to say that he hated to see a no parking ban , as the
residents could no longer park there . He again said the School
should manage the parking better , they are bad neighbors . Many of
the groups are from out of town . Mr . Mc Even added that the
neighbors had had Dewey Dawson from the Tompkins County Sheriff
Department ride up and down the road with a bull horn , asking
people to move their cars .
Councilman Cramer stated that signage would give a bad innage to
the neighborhood .
Councilwoman Howell suggested a letter be written to someone on the
School Board . She asked about putting up a fence .
RESOLUTION NO , 148
Motion by Supervisor Desch , seconded by Councilwoman Howell ,
RESOLVED , that the Town Board of the Town of Ithaca hereby adjourns
the public hearing to consider amending the No Parking Ordinance to
include No Parking on both sides of Winthrop Drive from the
entrance to the Northeast School parking lot , Westerly to the
intersection with Brandywine Drive until further investigation into
the problem is completed and the School has a chance to respond to
the problem .
(Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
ADJOURNMENT
The meeting was duly adjourned .
Town Jerk