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HomeMy WebLinkAboutTB Minutes 1985-07-08 0 TOWN OF ITHACA REGULAR BOARD MEETING July 8 , 1985 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 8th day of July , 1985 , there were : PRESENT : Noel Desch , Supervisor Shirley Raffensperger , Councilwoman Marc Cramer , Councilman Henry McPeak , Councilman Gloria Howell , Councilwoman Robert Bartholf , Councilman ABSENT : George Kugler , Councilman ALSO PRESENT : Lawrence Fabbroni , Town Engineer John Barney , Town Attorney Peter Lovi , Town Planner William Grover , Cayuga Vista Edward Mazza , Cayuga Vista Rocco Lucente , Lucente Homes Stephen Lucente , Lucente Hanes David Tyler , Attorney Virginia Langhans , Planning Board Ann Naylor , 113 Park Lane Shelly White- Means , 107 Regency Lane Maureen Blandford , 108 Park Lane Pat Cornell , 117 Park Lane Phil Cornell , 117 Park Lane Bill Schrader , 108 Landmark Drive Pam Rosenberg , 38 Dove Drive Larry Rosenberg , 38 Dove Drive Tom Kern , 114 Park Lane Margaret J . Thomas , 101 Park Lane J . Earl Thomas , 101 Park Lane Lloyd S . Weber , 111 Joanne Drive Kenneth A . Strike , 106 Tudor Road Elmer E . Ewing , 1520 Slaterville Road Beverly E . Livesay , County Board of Representatives Carol E . Brinkerhoff , 105 Tudor Road Gerry Stasavage , 109 Joanne Drive Theodore R . Lindsley , Jr . 104 Park Lane Margaret Ahrens , 104 Park Lane William Frandsen , Spencer , New York Representatives of the Media : Kate Whidden , WIKO Donna Dubin , WQNY Bruce Ryan , WHCU Ken Hughes , FM93 News PLEDGE OF ALLEGIANCE The Supervisor led the asserblage in the Pledge of Allegiance . Town Board 2 July 8 , 1985 REPORT OF TOWN OFFICIALS Supervisor ' s Report Ithaca Area Wastewater Treatment Facility Supervisor Desch noted that one year ago tomorrow , ground breaking ceremonies were held for the Ithaca Area Wastewater Treatment Plant project . He went on to say that in looking back over our progress during the past year , he was pleased to report nothing but successes with virtually every aspect of the project on or ahead of schedule . Of particular significance is the fact that we were able to get the remaining $ 14+ million in funding without the anticipated one year delay so that now we begin to see tremendous progress on the above ground portion of the plant . The Supervisor went on to say that much of the credit for the smooth progression of the project is due to the steady hand of our Town Engineer Larry Fabbroni , the representative of the City and Towns on the project . He has handled very adroitly a number of potentially serious problems and together with the engineers , has kept the number of claims to a minimum . Personnel Committee The Committee is continuing to meet once a month and its Chairperson Connie Allen has distributed an outline of items to be considered in the Personnel Manual , including existing benefits , so that the Town staff can ccannent before the next meeting . The next step will be to identify the approximate cost of improvements such as sick time accumulation , etc . , in time for consideration in the 1986 budget . The Supervisor remarked about the large material packet in the Town Board members folders . He went on to say that they contained the revised Rules and Regulations proposed by the Southern Cayuga Lake Intermunicipal Water Commission . Town Engineer ' s Report Town Engineer Lawrence Fabbroni stated that the Board members had a copy of his report in their folders . (Copy attached to minutes ) , He noted that Assistant Engineer Robert Flumerfelt would be returning next Monday from his vacation . He went on to say that Phase I of the water extension was being finished and that all of the mains for Phase II had been installed . They were proceeding with the taps for Elm Street and then the contractor would be moving to South Hill to make the service connections on King Road . Mr . Fabbroni noted that the contractor was running into rock on Snyder Hill Road and that it may be necessary to open cut the road . ® The Town Engineer went on to report that the State was anxious to get started on Cass Park - Buttermilk Falls project . Preliminary negotiations have been held with the property owners . Also , he had toured the Ithaca College facilities with Councilman Kugler in order to review their Radiant Heating Systems . He went on to say that the Town Attorney had drafted a purchase offer for the landowners on Burns Road , which have been signed by two property owners . Construction has started on Phase II of the Burns Road project . e Town Board 3 July 8 , 1985 The Town Engineer reported that three of the four parties involved in the Park Lane Agreement have signed . Also , the design work for Park Lane has been completed . He noted that he had reviewed the Hospital Escrow Agreement and had now forwarded it to the Town Attorney for his review. He noted that one-half of the new main for the Sewage Treatment across Route 13 had been completed and the road was reopened today . The open cutting of the Conrail railroad tracks would take a total of three days , with the crew working day and night . Town Engineer Fabbroni went on to say that in the past the Town has gotten involved in a number of law suits resulting from actions that the Town was not involved in , therefore , he wanted to bring the installation of the new stop sign at the end of Mitchell Street to the Board ' s attention . He stated that the installation of the stop sign at the end of Mitchell Street , in his estimation was not a safe place for a stop sign . He stated that as he sees it , it was a death trap . People do things by habit . You co up to a stop si re gn , you see another stop sign and you assume the person at the other stop sign will stop and you have a right angle collision . The placement of stop signs in this type of pattern is not an acceptable practice in traffic engineering . He stated that , to protect the Town , he felt the Board should go on record as being against this new stop sign . Councilwoman Howell remarked that she wished to go on record as being opposed to the newly installed traffic sign . All of the people in her neighborhood were against the new stop sign and she noted that she was against it also . Councilwoman Raffensperger remarked that the sight distance to the right is very short . Town Engineer Fabbroni stated that if there was a need for a stop sign coming up from the City , then one would also be needed on Ellis Hollow Road . He again stated that if there was a traffic fatality the Town could be listed as a contributing factor and this would be unfortunate because the installation was acccuplished by the County without input from the Town . Safety wise , if the stop sign is needed , then the best way to handle traffic is with a three-way stop . Supervisor Desch noted that traffic coming into the area from Ellis Hollow Road was doing so at a higher rate of speed then from the ofther roads in the area . Town Attorney Barney responded that the Town Board could go on record as being against the installation of the stop sign and have the Supervisor express the concerns in writing to the proper persons . Supervisor Desch responded that he would write a letter to the Chairman of the Tompkins County Board of Representatives expressing the Town Board ' s concern over the installation of the stop sign at the end of Mitchell Street . ® Councilwoman Raffensperger added that if the stop sign were to remain , then the Board would want the third stop sign installed . Town Highway Superintendent ' s Report Highway Superintendent Robert Parkin noted that his report was attached to the Town Engineer ' s Report . However , in addition , the Highway employees had completed repairing a section of guard rails Town Board 4 July 8 , 1985 on the Stone Quarry Road that a car had driven through . Also , the hydraulic excavator has been delivered . REPORT OF COUN'T'Y REPRESENTATIVES County Representative Beverly Livesay stated that the stop sign at the end of Mitchell Street is the result of action by the County Public Works Committee . She went on to say that she had set a copy of her letter to the State Department of Transportation to each Board member , however , she had not heard from any of the Board members . She went on to say that she was surpised no one had contacted her regarding their opposition to the stop sign . NOTE : Letter was dated July 1 , received by Town of Ithaca July 2 , which was after County authorized stop sign and after signs had been installed . Mrs . Livesay went on to say that it was her understanding that the original request for a stop sign had come from the Town of Ithaca , many years ago . At the time of the request , the Town of Ithaca thought there should not be a three way stop at this intersection . The request for the stop sign was stone walled by the County Public Works Committee . She went on to say that people driving through this intersection , after the installation of the stop sign , think the traffic situation is better . Mrs . Livesay stated that she had asked that stop lines be painted on the pavement . Supervisor Desch asked Mrs . Livesay what was her source of information that made her think the Town of Ithaca wanted a stop sign installed . Mrs . Livesay responded that she thought it was a letter . Supervisor Desch stated that he took issue with Mrs . Livesay ' s statement that the Town had not responded to her letter regarding to the stop sign . The Town was given no opportunity to respond . The Town Engineer has reiterated on numerous occasions the hazards that would be caused by the installation of a stop sign on Mitchell Street . And yet , your action totally disregards that advise . Furthermore , why would Mrs . Livesay take the unilateral action of sending the State a proposal which is contrary to the joint County/Town agreement to look at three specific alternatives ? You did not even have the courtesy of including any reference to this effect . With all the discussions we have had in the past , the minutes will show the Towns unhappiness to adding stop signs to the traffic problems already at the intersection . This Board and staff have been accused of pursuing solutions that are too costly . Your letter to the State will prove to be a more costly solution . Stuart Stein said that all three alternatives should be pursued . You did not inform the State of the three alternatives . You are now putting the Town in a very bad position . Beverly Livesay responded that her proposal was not a request . Supervisor Desch asked Mrs . Livesay why she would send this type of ® letter -to the State , all it accomplishes is to tell the State once again that the local jurisdictions in Ithaca can ' t make up their mind as to what they want . Why didn ' t you include the Town and County Study? Mrs . Livesay responded , my letter came out of a conversation I had with a State official at a conference . This official contacted the Syracuse office who then contacted me and asked that I write a letter stating my proposal . Town Board 5 July 8 , 1985 Supervisor Desch responded that he presumed that Mrs . Livesay would not mind his writing the State asking them to disregard her proposal . Mrs . Livesay responded that she did not see how Supervisor Desch could write the State asking them to disregard her proposal . Supervisor Desch stated that he would write to the State with regard to the three alternate proposals . Mrs . Livesay again stated that she only wrote to the State to give them new ideas , such as the light at Tower Road . She again said that she had responded to a phone call and followed with the ® letter , as requested . She stated that she had informed the State that this was Beverly Livesay ' s proposal . Town Engineer Fabbroni stated that very careful studies had been done to separate out corridor considerations and that his statement still stands for safety . He went on to say that he still thought that the Board should go on record as being opposed to the stop sign . This installation is like no other in the County . SLATERVILLE ROAD HIGHWAY PLAN Town Planner Peter Lovi referred to a letter to the Town Board Members , dated June 20 , 1985 , from Carolyn Peterson , Chairman of the Six Mile Creek Overseer Committee ( see attached ) . Councilwoman Raffensperger remarked that she assumed that when Peter made his presentation , he was not excluding highway mapping of open spaces . Peter Lovi responded that it was quite clear that some acreage is unbuildable and some acreage is buildable with unclear access points . He went on to say that he was not ready to bring the proposals to the Board . Mr . Lovi remarked that he had told the Committee to wait for the survey results . He went on to say that the the Committee wanted him to delay his work , but that he has an obligation to work on concerns of the Town as well as the Committee . Supervisor Desch stated that there was a need to look at all the pieces of land involved . Town Planner Lovi remarked that the Town Board and the Planning Board need all information available to them inorder to plan for the future . Councilwoman Raffensperger remarked that she assumed that the Town Planner was not going to propose amending the Official Highway Map without taking into consideration the concerns of the environment . BUDGET AMENDMENTS RESOLUTION NO , 134 Motion by Supervisor Desch , seconded by Councilman Cramer , To provide funds for operating expenses for balance of 1985 , BE IT HEREBY RESOLVED , that the following budgetary transfers be approved : ►.. TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAYt JUNE 12F 1985 7 : 00 P . M . By direction of the Chairman. of tle Zoning Board of Appeals NOTICE IS HEREBY GIVEN that .Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Wednesday , June 12 , 1985 ? in Town Hall , 126 East Seneca Street , ( FIRST Floor , REAR Entrance , ,NEST Side ) , Ithaca , N . Y . , COMMENCING AT 7 : 00 P . M . , on the foil oljt7 .i ng magi ers . APPEAL of Richard and Mary Louise Perry , Appellants , from -the decision of the Building Inspector denying a Building Permit`: -to place a mobile home in a legal non - conforming use ( farm ) located in Residence District R15 , at 1138 Trumansburg Road , Town of Ithaca Tax Parcel No ,. ; n 6 - 27 - 1 - 11 . 2 . Permit is denied under Article XII , Section 54 , Article U XIII , Section 59b , and Article XIV , Section 75 , of the Town of Ithaca Zoning Ordinance . APPEAL of Siu -Ling Chaloemtiarana , Appellant , from the decision of the Building Inspector denying a Building Permit for the construction of an addition to an existing single family residence located - av Residence District R15 , creating a front yard setback of less than 25 N feet , at 1544 Slaterville Road , Town of .Ithaca Tax Parcel No . 6 - 56 - 3 - 12 . Permit is denied under Article IV , Section 14 , and Article XIV , Section 75 , of the Town of Ithaca Zoning Ordinance , APPEAL of John and Martha Hertel , Appellants , Michael Loehr , Agent , from the -decision of the Building Inspector denying a Building Permit for the construction of a single family residence , with an apartment , located in Residence District R15 on a lot that does not front on a. 1 �N Town road or street , off Crest Lane , Town of Ithaca Tax Parcel No , 6 - 66 - 3 - 3 . 2 . Permit is denied under Section 280 - a of Town Law and Article XIV , Section 75 , of the Town of Ithaca Zoning Ordinance , Said Zoning Board of Appeals will at said time , 7 : 00 p . ,-Li . , and said place , hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Lewis D . Cartee Building Inspector Dated : June 4 , 1985 Town of Ithaca Publish : June 7 , 1985 J , t . , 280S 2 s 10 s 170 S �a 3v -X, � 6 i.,. . :*(.:: c '., "max so so Isoo r- l', ,. ; ; ru y , .':a.• .ass . j ice'--•:Y :. i c,r `�:_'� : V�T.: tir: . �i x% 6 11 1 : v . y. x _. Vi. .a_ • ip�zr 9� l ! tx. is cm' oosso 1 o ? .. loss ss:� o O"ll"• \ �_ 0 - \ S S 3, 17 I I Jos , om Q f slo ' odso a = =:to f \UO s d . \ 10 , .III so soot Is ..!ossoo,-". . lab to 53 Is w I � La CA N , \ ' N \ .0s,r •• i V - �J A. . 55 1_ ,. r. , l f In IV so As oo it ;LO s9 • . . w o I m� 26 ai' ! a. / o ' J\ 1 I v ry `p V1 e, o' 0 4e 389 so 1 V 0 o t � ► ► COO) , . . � 102 ac w 17 So �. Town Board 6 July 8 , 1985 Transfer of $ 1 , 000 . 00 from A1990 . 4 Townwide Contingency to A1620 . 412 Townwide Building - Building & Grounds Maintenance $ 500 . 00 to A1410 . 400 Town Clerk Ccntractual $500 . 00 ( Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . ANNUAL LIST OF TOWN HIGHWAYS RESOLUTION N0 . 135 ® Motion by Supervisor Desch ; seconded by Councilwoman Howell , WHEREAS , the Highway Superintendent has updated the "Annual Report of Town or County Mileage " to include the following additions : Lexington Drive - . 17 miles Lisa Place - . 03 miles Lois Lane - . 11 miles Northview Read , West - . 05 miles Park Lane - . 10 miles NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the Annual Report of Town Mileage being 40 . 53 miles , as prepared and presented by the Highway Superintendent Robert Parkin . (Desch , Raffensperger , Cramer , MCPeak , Howell and Bartholf voting Aye . Nays - none) . REFUND ON WATER ACCOUNTS Supervisor Desch stated that in certain areas , there is vulnerability to freezing in the winter . We ask the residents to run water if they go away , to prevent freeze ups . RESOLUTION N0 , 136 Motion by Councilman Cramer , seconded by Councilwoman Howell , WHEREAS , Mr . Lemuel Wright of 1035 Hanshaw Road receives an annual "Freeze Up" prevention credit , and WHEREAS , Mr . Wright paid the original quarterly bill instead of the adjusted bill , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of ® Ithaca hereby authorizes a refund of $35 . 29 for water and $ 6 . 00 for surcharge , making a total of $ 41 . 29 paid to Lemuel Wright , 1035 Hanshaw Road , Account Number 184 -0202423 . (Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . RESOLUTION NO . 137 Town Board 7 July 8 , 1985 Motion by Councilman McPeak , seconded by Councilwoman Raffensperger , WHEREAS , on March 15 , 1985 , Dr . G . Miller of 1024 Hanshaw Road paid , to the Clerk of the Village of Cayuga Heights , the gross amount of the water bill due the Town of Ithaca , and WHEREAS , Dr . Miller should have paid the net amount , and WHEREAS , the Village of Cayuga Heights turned over the money to the Town of Ithaca after the due date and , therefore , was accepted by the computer , ® NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund in the amount of $ 4 . 85 for penalty to Dr . G . Miller , 1024 Hanshaw Road , Account Number 184 -0204285 . (Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . TEMPORARY CLOSING OF BURNS ROAD Town Engineer Lawrence Fabbroni stated because of the design of the new Burns Road , it is necessary to cut the elevation down six to seven feet at the transition with the existing road at the South end and on the North end three feet of fill will be needed plus drainage structures , therefore , Burns Road would need to be closed temporarily . There are three driveways on the North end and on the South end , approximately four properties that will need access . He went on to say that he was not proposing to prevent local access . Also , provisions will be made for the City to get into their silt dams and the pistol range . Supervisor Desch asked what the duration of the closing would be ? Town Engineer Fabbroni responded , the end of October 1985 , Supervisor Desch remarked that fire protection , during the closing, would be no problem as each end of Burns Road is served by different fire departments . RESOLUTION N0 , 138 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the temporary closing of Burns Road for the purpose of the completion of Burns Road Phase I and Phase II , subject to the Certification by the County Commissioner of Highways and other requirements of the law , until the end of the 1985 paving season . (Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . LOCAL LAW ON PUBLIC SEWER HOOKUPS Supervisor Desch noted that the Board had , in the past , discussed the desirability of enacting legislation that would require all persons with public sewer available , to hook up to the sewer by July 1 , 1985 . He went on to say that a large number of people have now tied onto the sewer lines . He went on to ask the Board to think about it and if they know of any properties that need to be pursued , then a local law can be considered . Town Board 8 July 8 , 1985 MINOR ADJUSTMENTS TO SUMMER WORK PROGRAM RESOLUTION NO , 139 Motion by Councilwoman Howell ; seconded by Councilwoman Raffensperger , WHEREAS , the Town of Ithaca is participating in The Cornell Tradition and County Youth Worker Program for Sumner 1985 , and WHEREAS , there is a need to make minor adjustments in the authorizing Resolutions for both programs , ® NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca , that , under The Cornell Tradition , Terri Clark ' s hourly rate be corrected to $5 . 00 / hr . and that , by adjustment of the Fiscal Officer , it be retroactive to the start of her employment , and FURTHER RESOLVED , that the maximum number of youths to be hired under the 1985 Sumner Job Program be increased to 240 (Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER AN EMMTS To THE ZONING ORDINANCE ON RESIDENTIAL DISTRICTS . RESOLUTION NO , 140 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P . M . , on August 12 , 1985 , at the Town Hall , 126 East Seneca Street , Ithaca , New York , to consider the rezoning from Residence District R30 to Residence District R15 the following parcels : 50 -1-5 . 83 40 . 11 acres Darryl & Diane Wolford 502 Coddiington Road Ithaca , New York 14850 50-1 -2 Roberta Wallet 520 Coddington Road Ithaca , New York 14850 50-1 -3 Clarence LaRocque 522 Coddington Road Ithaca , New York 14850 50 -1-4 . 10 John & Beatrice Bright 104 Troy Road Ithaca , New York 14850 ® 50-1 -4 . 4 Robert & Ann Schultheiz 106 Troy Road Ithaca , New York 14850 50-1-4 . 32 Phiroze & Sarah Mehta 102 Troy Road Ithaca , New York 14850 50 -1-5 . 2 Louis & Lucile Macera 115 Rich Road Town Board 9 July 8 , 1985 Ithaca , New York 14850 50-1 -5 . 3 Howard and Anna Merson 123 Rich Road Ithaca , New York 14850 50-1-5 . 4 John Augustine , Jr . 109 Rich Road Ithaca , New York 14850 50-1-5 . 5 Ronald & Kathryn Prouty 512 Coddington Road Ithaca , New York 14850 ® 50-1-5 . 81 N . Revill & N . Bassuk 118 Rich Road Ithaca , New York 14850 50 - 1 -6 . 1 Sally Si.ncock 122 Rich Road Ithaca , New York 14850 50-1-6 . 2 N . Revill & N . Bassuk 118 Rich Road Ithaca , New York 14850 50-1-7 Reginald Collins 126 Rich Road Ithaca , New York 14850 50 -1 -8 Cheryl Larkin 111 Rich Road Ithaca , New York 14850 44-1-5 . 2 12 . 81 acres F . W. Hornbrook 142 Troy Road Ithaca , New York 14850 36-1-4 . 1 1 . 14 acres Robert & Patricia Parkin 1146 .Danby Road Ithaca , New York 14850 36-1 -4 . 3 4 . 2 acres Laurent & Kaethe Bessou B . P . 6014 FAAA , Tahiti French Polynesia 36-1-5 Irene Stout 1156 Danby Road Ithaca , New York 14850 43-14 3 . 2 acres Edward Whitlock 115 King Road East Ithaca , New York 14850 43-2-7 Ruth Tyszka 8417 Chapin Parkway Jamaica , New York 11432 43-2-8 15 . 15 . acres Herbert Monkemeyer (portion ) 1059 Danby Road Ithaca , New York 14850 43-2-10 28 . 18 acres Anthony Leonardo 1132 Danby Road Ithaca , New York 14850 Town Board 10 July 8 , 1985 49-1-1 . 78 acres Mazy Carey 610 Coddington Road Ithaca , New York 14850 49-1-2 . 2 . 93 acres Donald & Helen Gregg 612 Coddington Road Ithaca , New York 14850 49-1 -3 Peter & Barbara Romano 614 Coddington Road Ithaca , New York 14850 49-1 -4 Peter & Elizabeth Hedrick 616 Coddington Road Ithaca , New York 14850 49-1-5 Kenneth Heath 618 Coddington Road Ithaca , New York 14850 49-1 -6 Michael & Lisa Allen 620 Coddington Road Ithaca , New York 14850 49-1 -7 2 . 5 acres Leon & Alice Robinson 624 Coddington Road Ithaca , New York 14850 49-1 -8 Ronald & Kathryn Ronsvalle 628 Coddington Road Ithaca , New York 14850 49-1-27 John & Elsie Rawlins 127 Troy Road Ithaca , New York 14850 49-1 -28 John & Doris Perialas Troy Road Ithaca , New York 14850 49-1 -29 Peter & David Rothbart 115 Troy Road Ithaca , New York 14850 50-1 -5 . 6 Town of Ithaca 126 East Seneca Street Ithaca , New York 14850 50 -1 -5 . 82 47 . 51 acres Ithaca College 5 . 83 40 . 11 acres Danby Road 6 . 3 69 . 88 acres Ithaca , New York 14850 AND FUR'T'HER BE IT RESOLUID , that if any of these parcels shall contain a portion of land zoned other than Residence District R30 , that portion shall be unaffected by this action and shall remain in the existing zoning district . (Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . SET DATE FOR PUBLIC HEARING TO CONSIDER AbENEMENTS TO THE ZONING ORDINANCE ON THE DEFINITION OF STREET RIGHTS-OF--WAY RESOLUTION NO . 141 Town Board 11 July 8 , 1985 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 30 P .M . , on August 12 , 1985 , at the Town Hall , 126 East Seneca Street , Ithaca , New York , to consider amending the Zoning Ordinance of the Town of Ithaca as follows : 1 . Article III , Section 7 ; Article IV , Section 14 ; Article V , Section 21 ; Article VI , Section 28 , Article VII , Section 37 ; Article VIII , Section 44 , are amended to include the phrase " from the street right-of- way line " in order to clarify the required front yard dimension . ® 2 . That an appropriate diagram be included in the definitions which illustrates all required yard terminology . (Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . PERSONS TO BE HEARD Supervisor Desch noted that the residents of Eastern Heights had asked to be heard under " Persons to be Heard " as they were concerned with the extension of Park Lane to the Slaterville Road . He then asked if a petition had been circulated . Mr . Phil Cornell , 117 Park Lane presented to the Town Board a petition containing the signatures of 94 residents of Eastern Heights and surrounding neighborhoods . Mr . Cornell then asked where the proposed entrance onto Slaterville Road would be located? Town Engineer Fabbroni responded , just east of the brown barn . Mr . Cornell remarked that he was not against development of the land by either Mr . Frandsen or the Pine Tree Associates which would expand the tax base if done right . If done wrong , it will styme the development and bring our property values down . He went on to say that the major concerns in the area was parks and zoning changes . There are three families in the Eastern Heights Civic Association that are the contact persons for the Association and none were contacted regarding the proposed extension of Park Lane . The petition speaks to these concerns , neighbors should be allowed to have input . Mr . Cornell then read the opening paragraph of the petition , "We , the undersigned residents of Eastern Heights and surrounding neighborhood , wish to convey our extreme concern with the lack of our input into decisions being made by the Ithaca Town Board which directly affect OUR neighborhood . The Town Board should not make any further decisions until input from the neighborhood has been heard and discussed " . Mr . Cornell continued , there are two areas of concern to him , one is safety , this is not a transient neighborhood and the other are the environmental concerns . Mr . J . Earl Thomas , 101 Park Lane added that the new proposed road would carry a heavy traffic load . He went on to say that there were a large amount of children in the area because of the large turn over of property , as a result of jobs in the area . Mr . Thomas stated that he was concerned that the . new road would become the East Ithaca Connector , The East Ithaca Connector which originally was to have been for Pine Tree Road will now become us . He sent on to say that he was concerned about road safety in slippery weather . Come down Snyder Hill Road when it is slippery , you will find people walking to their mailboxes . Mr . Thomas went on to say that cn a trip to Harrisburg , one slippery day , he came over the brow of the hill and there was a car which had come out of Sugarbush Lane , Town Board 12 July 8 , 1985 in the middle of the road . The car was surrounded by people trying to push the car . Another time was in a heavy snow storm when he was going up Snyder Hill Road . The road was covered with people trying to get to their mailboxes . A car came over the hill going to fast . As the car came down the hill his wheels locked and the car skidded into the mailboxes . A woman standing by the mailboxes ended up with mailboxes in her arms . Supervisor Desch responded that the new road will offer a second alternative , that is likely to reduce the problem that Mr . Thomas described . A man in attendance remarked , but not in slippery weather . The ® development should not be approved without proper access . Kenneth Strike , 106 Tudor Road presented the following letter prepared by Raymond Bordoni for the Eastern Heights Civic Association , to the Board on the drainage in the area : "As property owners in the Eastern Heights Community , we wish to express our concerns about the Pine Tree Associates and Frandsen Subdivisions , and the proposed Amendment of the Official Highway Map of the Town of Ithaca . With the possible construction of approximately eighty ( 80 ) more homes by the Pine Tree Associates and the Frandsen Development Corp . , and the possible extention of Park Lane to the Slaterville Road , we feel very strongly that the Town of Ithaca should proceed with the utmost caution in allowing for increased development in this area . As residents of Eastern Heights , we have all experienced the poor drainage conditions that are a result of what was considered to be the best available plans at the time . We have since learned that these plans were inadequate and that subsequent plans had to be developed in order to correct the problems . Depending on whom one talks to , the corrective measures have been successful to some degree or no help at all . We know that new housing developments in most communities are a fact of life . We also know that the Town of Ithaca has had an Environmental Assessment Form completed as of 9 / 19 / 85 . (Reference Applicant : Pine Tree Road Associates ) . What we don ' t know is how many of the property owners of the Eastern Heights comnmity were ever asked about the possible developments and how many of the property owners on either side of the Slaterville Road that are located downhill of these possible developments are aware of the possible problems they will be facing if these plans are carried out . We , the Eastern Heights property owners , have learned that even the best planning and engineering can fall dramatically short of their expected goals . We believe that our concerns and problems should be more fully heard by the Town Board and the Planning Board . We also believe that the concerns of the residents of Slaterville Road should be solicited and heard . We have reviewed the Environmental Assessment Form and agree that there are many potentially large environmental impacts . In fact we feel that there are far too many large environmental impacts . We also agree that some of the problems could be corrected , but , based on prior experience , we don ' t believe for a moment that they will all be corrected . We firmly believe that it will require more than the recommendations detailed on Part III of the Environmental Assessment Form . In order to emphasize the importance of this Town Board 13 July 8 , 1985 situation we feel that the determination by the Ithaca Town Board of a Negative Declaration is not adequate . We feel that for the welfare of the Eastern Heights community as well as the Slaterville Road property owners that a full Environmental Impact Statement should be made before these projects are allowed to proceed any further . Supervisor Desch responded that an extensive study had been done on the drainage in the remaining portion of the Eastern Heights Subdivision . In fact , the State asked the Town what level of development would be taking place . Development and open space was identified . He went on to say that he felt the overall drainage problem had been improved considerably and that further work is ® planned for 1985 in conjunction with the Parks Lane project . A man in attendance remarked that there was fairly substantial damage in 1983 . A number of foundations and driveways were washed out . There is a back up of the water in the direction of my yard , in a short time my yard will be sectioned off . He went on to say that walking down Park Lane , you can see where the water has started to cut a channel . Now you are proposing two more streams of water . Town Engineer Fabbroni responded that this has nothing to do with Park Lane . You are creating a wrong impression . The cutting action by the stream has been reversed . The Town Engineer went on to say that he would be happy to walk the area with anyone . Town Supervisor Desch stated that any specific concerns regarding stream cutting should be addressed to the Town Engineer who will report any needed action to the Town Board , Pat Cornell , 117 Park Lane stated that she had talked with the Supervisor of the school bus system and that he felt there was a need for a full evaluation of safety in the area . He also expressed doubt as to whether school busses would go up Park Lane or Tudor Road . Supervisor Desch responded that there will be a flat landing platform on Park Lane at the Slaterville Road intersection . He went on to say that he did not think Pete Curry , the School Bus Supervisor , would have a problem with this . However , we do owe it to the residents to take a look at where the school children will be picked up and the Town Staff will look into this . Mrs . Cornell continued , stating that she had called the State today to ask if the State knew of the size of the project . She stated that she had talked to Roger Yonkin , of the Department of Transportation who responded that inorder for Park Lane to be started a Safety Transportation Study and an Environmental Study would need to be completed . She went on to say that the design of the community goes against the land . She invited the Town Board members and the press to walk the area . Mrs . Cornell remarked that designs that were established in the past need to be redone . Edward Wilson , 116 Park Lane remarked that the grade of the ® proposed road was going to be a steep slide down hill in the winter . Supervisor Desch responded that the exposure to the South would be better than the exposure at Snyder Hill Road , Mr . Wilson continued , stating that there was a bigger curve than the diagram showed , with a crest . You couldn ' t stop if there was a child in the road at a speed limit of 35 MPH . Mr . Wilson went on to say that there was another problem, that being the park designed by the Town . This is a very vulnerable area because of the Town Board 14 July 8 , 1985 children . A stop sign must be installed by the park to stop the traffic . A woman in attendance remarked that Sharlene Drive was a more direct access to Route 79 , Supervisor Desch responded that an access from Sharlene Drive would be excessively steep . The Town Board was presented with the following from Kenneth A. Strike , 106 Tudor Lane on the Eastern Heights Drainage Problems : "There are a few observations about drainage in the Eastern Heights area based on 14 years residence and one morning ' s exploration of the drainage downhill from the development . They are intended as illustrative of the drainage problems which exist now and which may result from further development . BACKG CM 9. Prior to 1973 the intersection at Tudor Road and Park Lane was subject to frequent flooding . A modest thunderstorm, was sufficient to overwhelm the drainage system . There was substantial erosion taking place in the ditches on Tudor Road , In 1973 there was considerable flooding and property damage which resulted from the very heavy rains associated with a tropical storm that caused widespread flooding in the area . Driveways along Tudor Road were washed out . There was substantial erosion along house foundations . The drainage system which handled runoff from Tudor and Park Lane was sufficiently overloaded that water eroded a new channel down the hill (through the cite of a newly constructed house ) to Slaterville Road . I believe that the road was washed out at that point . The ditch exceeded 6 feet in depth in places . In response the Town did considerable work in the area to control runoff . This included a swail cut behind Tudor Road to drain runnoff into an existing stream , barriers in the ditches on Tudor to slow runoff , and additional storm sewers . The result has been that erosion of the ditches on Tudor has largely abated . Flooding at the intersection of Tudor and Park is less frequent , requiring a good thunderstorm to provide noticable flooding . However , several things should be noted about this matter . 1 . The current measures have not been tested by a substantial storm . That there continues to be occassional flooding at the intersection of Tudor and Park is reason to be pesimistic about the consequences of a major storm . 29 There is substantial erosion of the streams and ditches downhill from Eastern Heights . The swail behind Tudor Road has cut back about 20 feet from the point where it joins a small stream . At the point where it joins the stream it has eroded a hole about 10 feet deep . There is also a hole at the ® point where a new storm sewer enters the same stream further down the hill . The stream has cut a very deep channel from that point down the hill . Residents on Slaterville Road indicate that it continues to deepen . 3 . The ditch which follows the proposed route of the Park Lane extension is also deepening . At the point where it turns downhill near Slaterville Road it has cut a path which is already 6 to 8 feet deep . This ditch is presumably to carry the water from an additional two streets with about 50 new houses . That the hay bale barriers proposed in the Town Board 15 July 8 , 1985 Environmental Assessment Form for the Park Lane Extension will prevent the erosion from a substantial volume of water running down a 16 % grade is doubtful at best . 4 . The current under passes for Slaterville Road seem inadequate to handle this additional runoff . 59 The runoff from Eastern Heights including the eroded material empties into the reservoir above the high dam . " The Town Board also received the following letter from Richard J . & Diane Hicks Hughes , dated July 6 , 1985 : "We recently purchased 119 Park Lane from William Frandsen . There were two major factors that influenced our decision . First was the location including fantastic views , natural settings , and the nice neighborhood . Second was the high quality of construction . After being here a little over a month , we can happily say we are not even the slightest bit dissappointed on either count . However , after attending the neighborhood association meeting on July 2nd , we have some strong concerns that we are writing you about . First of all , we are in favor of both the Frandsen Development and the Pine Hill Development . ' Eastern Heights is a prime location that should be developed with quality homes that will enhance the area . The added housing to the tax roles will increase the tax base which should mean better services with a possibility of reduced taxes . After hearing the concerns of neighbors about the safety of roads , particularly in the winter months , we are dismayed that more long term planning for traffic has not been done in our area . Leaders may have been surprised once with problems of drainage in certain sections and the safety of traveling on Regency and Snyder Hill during winter conditions . However , there can be no surprise now . The Town Board must take actions to lessen these risks , and not create similiar ones in the new developments , or these leaders should be replaced . Getting dirt from the Park Lane interconnection to Route 79 to be used. by the Town for the Burns Road Project should not even be considered as justification . The safety of new interconnections is paramount . I travel to Owego each day and found quite early that Burns Road is very steep . A much more logical connection to Coddington would seem to be Middaugh Road . We would not like to see similiar planning on Park Lane . Specifically , we would like to know if the State can widen Route 79 to three lanes at the intersection with Park Lane . Also , is the State planning a connection of Turkey Hill with Route 79 ? Could Skyview be connected to Park Lane and the new development roads to help spread traffic flaw? What would it take to get actual connection to 79 moved East so the grade might be law enough for school buses to use . ® These are complex issues that have major impacts on the future of Eastern Heights . Because of this , the people rrost affected must be apprised of future plans so that we can be part of the solutions and not just part of the problems . This seems to be terribly lacking today . Ted Lindsley , 104 Park Lane questioned a street coming in from Sharlene Road and; why was it thought it would help traffic . Town Board 16 July 8 , 1985 Town Engineer Fabbroni stated that at the time Eastern Heights was subdivided , Mr . Frandsen was to get sewer lines extended to the project , it never happened and the land was turned over for the park . He went on to say that agreements that were struck were never kept . Mr . Frandsen subdivided on the steep end , up in the parking area of the park . Skyline Road is the one - that provides access to the park . One road being parking lot access to the park , another was foot traffic only . Mr . Cornell stated , this happened in 1967 and 1968 and now you are bringing it back tonight . These things are carved in stone history , we are talking about now . Let ' s talk about the present not the past and why the Association was not notified . ® Supervisor Desch responded that there has been public participation since the beginning . Look at the document the staff has distributed , they will show that we have considered access to Snyder Hill Road , Pine Tree Road , and came back to the best solution being Park Lane Extension . The drainage problem is also being resolved . He went on to say that he took issue that no members of the association were aware of these deliberations . He stated that he was aware of at least two specific discussions about Park Lane with association members during the review of the Pine Tree Associates proposals . We have had public hearings on the Highway Master Plan , the subdivision and drainage . He want on to say that the people of Eastern Heights must understand that while the Town Board has the responsibility to - listen to the concerns and suggestions of the neighborhood , the Board must decide what is best for the whole Town . Councilwoman Raffensperger stated that there was a need to make a reaffirmation to the community whether or not we will at least notify the Civic Association people . Supervisor Desch responded , notify the community , what area ? Councilwoman Raffensperger responded , Eastern Heights and Dove Drive . The Supervisor suggested that it would be better for a member of the association to attend Town Board meetings . PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE OF THE TOWN OF ITHACA AMID THE AMENDMENT OF LOCAL LAW # 4 - 1984 , SO AS TO CLAM CERTAIN RIGHTS OF THE OWNERS OF PROPERTY LOCATED AT 108 THROUGH 230 SAPSUCKER WOODS ROAD Proof of posting and publication notice of a Public Hearing to consider amending the Zoning Ordinance of the Town of Ithaca and the amendment of Local Law # 4 - 1984 , so as to clarify certain rights of the owners of property located at 108 through 230 Sapsucker Woods Road , Town of Ithaca , Tax Parcels Nos . 6-70 - 10 -3 . 12 through 6 -70 -10-3 . 25 , now or formerly owned by Rocco Lucente , ® having been presented by the Town Clerk , the Supervisor opened the public hearing . David Tyler , Attorney for Rocco Lucente presented to the Board the following statement with respect to the public hearing on Lots 2 through 15 Sapsucker Woods Road : "The proposal before you tonight with respect to the duplex buildings on Sapsucker Woods Road is of considerable importance . Town Board 17 July 8 , 1985 As you know , these buildings in the past have been occupied up to now , as non-conforming uses (primarily student housing with six bedrooms upstairs and six bedrooms downstairs permissible for a total of up to 14 unrelated people living in each building ) . This situation was the subject of litigation many years ago between Mr . Lucente and the Town , in which the Town ' s position was over-ruled by appellate courts . In May of 1983 , Rocco Lucente approached the Town Government indicating a potential to covert these duplexes into four family dwellings . The matter went before the Town Planning Board and a recommendation to approve the proposal was made to this Board in the summer of 1984 . In return for the privilege of conversion , Mr . Lucente would relinquish his right under the existing non-conforming use variance . If these dwellings , under certain circumstances , were not owner occupied they would revert to two-family dwellings ( R-15 ) as defined in the Town Ordinance in place of the variance under which the property had been occupied up to the present . It was understood that there would be a five year sunset clause in the law which would require the conversion to be made within that period of time after the enactment of the local law. However , Mr . Lucente understood that he would have the full five year period for the owner occupancy requirement or the reversion to R-15 occupancy attached if he was the owner of the properties . Unfortunately , paragraph 7 of the Local Law No . 4 of 1984 , was inarfully drafted and did not make clear when the owner occupancy requirement attached with respect to units where Rocco Lucente held title . This problem came to light earlier this spring when Certificates of Occupancy were sought for town of the buildings which had been converted . The Zoning Officer had one interpretation and Mr . Lucente another view . It turned on the use of the word " and" versus the word "or" . Town Attorney Janes Buyoucos was the individual who drafted the law but was not called in on this question , we are advised . Tawas Attorney John Barney has elected to take a new position with respect to this particular point . Apprarently the issue was never directly addressed at the hearing or the prior meetings with respect to the 1984 law but now suddenly it was "everybody ' s understanding" that the thirteen month non-owner occupancy limitation for completed buildings would apply to Rocco Lucente as well as new owners . This interpretation makes very little sense since it is obviously impossible for the developer to be the owner occupant . Lucente is seeking to sell the units to individuals who will be owner occupants of one unit and landlords for the remaining three units in each building . Rocco Lucente intends to sell these units as fast as they can be completed and marketed . In most cases Mr . Lucente expects a buyer-owner occupant to own a particular property before a year has expired from the time of completion . However , as we made clear in our previous presentations to this Board , the vagaries of the economy and the real estate market cannot be predicted . These are substantial pieces of property costing in excess of $ 150 , 000 . 00 at this time , and it is ® unreasonable to expect the developer , Rocco Lucente , to guarantee that each unit be sold within thirteen months (which is the proposal before you now) or he loses his right to have them fully occupied . Since these are income properties the marketability of them depends on them being fully rented except for the " owner unit " . They are a type of investment property rather than a straight residential property in the sense a single family home is . Your proposed local law amendments constitutes a potential taking of Mr . Lucente ' s property right of constitutional proportions . Town Board 18 July 8 , 1985 Mr . Lucente came before you and asked for a three year period in which he would be allowed to sell each unit after the issuance of the Certificate of Occupancy . Some concern was raised about his good faith by certain members of your Board at that time , and especially by Mr . Barney . In an endeavor to meet the concers of the Board half way , Mr . Lucente directed me to write to Mr . Desch indicating his willingness to reduce his request to 24 or 25 months if this would be more palatable to the Town Board . He still indicated his strong desire to have the three year period which he felt was a reasonable period to enable him to be sure that each unit was sold to a satisfactory purchaser . Unfortunately the response of the Board to this compromise has been a non-response in the form of a proposed amendment to the Local Law No . 4 of 1984 which attempts to correct the ambiguities and omissions from the 1984 law but doing it in the fashion that gives Mr . Lucente virtually no leeway in terms of marketing these properties . We can only describe the Town ' s response as miserly . We renew our request for the three year period in which to market these properties and ask that the law be so amended . If you limit the period to 25 months , Mr . Lucente will acquiesce to that reduction in his request . If this Board stands on its present proposal , Mr . Lucente goes on record as opposing the 1984 Local Law No . 4 in its entirety . Since Mr . Lucente can forfeit his substantial variance right obtained by the Appellate Court decision by consent only with respect to the 1984 ordinance , you may wish to reconsider the significance of Mr . Lucente ' s opposition and what he stands to lose if the ecomony slows down and your proposed amendment is enacted without revision . In a sour reals estate market , two years is not an unreasonble outside limit to market properties such as these , especially since Mr . Lucente will agree to the five year " sunset" provision embodied in the law , if his compromise is honored . Town Attorney John Barney remarked that if the buildings are not converted then the Town would have a legal right to start a law suit . The law says Mr . Lucente has no rights after the buildings have been converted . Mr . Lucents says he has a five years right . If Mr . Lucente does not want to accept this , then he stated that he would advise the Board not to accept either and take the case before Judge Bryant to see what he has to say . Mr . Lucente will have four to six months to convert the buildings , then thirteen months after the Certificate of Occupancy is issued . He asked the Board to think about this , already you are talking about nineteen months . Supervisor Desch remarked that he could forsee more problems with 24 months opposed to 13 months . For instance , if a buyer in the house next to me has 24 months to rent it could present problems for me . I could probably put us with 13 months rental , not 24 months . As no one present wished to speak for or against the amendment to the local law , the Supervisor closed the public hearing . Councilman McPeak stated that because of the changes in the economy and realestate market , he felt that 24 months was more realistic . Councilwoman Howell responded that she could live with 24 months . Councilwoman Raffensperger stated that she was willing to go along with the Cc ngnittee ' s recommendation , however , she did not want to see four years of renting . Town Board 19 July 8 , 1985 Councilman Cramer remarked , after thirteen months , will Mr . Lucente be coming back for an extension of six months . LOCAL LAW NO 6 . - 1985 Motion by Councilman Cramer ; seconded by Supervisor Desch , LOCAL LAW NO . 6 - 1985 A LOCAL LAW AMENDING LOCAL LAW NO . 4 - 1984 ® Be it enacted by the Town Board of the Town of Ithaca as follows : 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 and to amend Local law No . 4 adopted in the year 1984 so as to clarify certain rights of the owners of property located at 108 through 230 Sapsucker Woods Road , Town of Ithaca , Tax Parcels Nos . 6 -70 -10-3 . 12 through 6 -70 -10-3 . 25 now or formerly owned by Rocco Lucente , more particularly described in Local Law No . 4 - 1984 , such amendments to be as follows : 1 . Section 7 of Local Law No . 4 of the year 1984 as adopted by the Town Board of the Town of Ithaca is hereby amended to read as follows : "At least one dwelling unit in each of the structures , after any conversion as provided herein , shall , within thirteen months of the issuance of a Certificate of Occupancy issued in connection with such conversion be owner-occupied . Such owner , however , must qualify as a household ( or family ) as defined herein . If , thereafter , a structure is not occupied by the owner then the structure may be occupied cn ly 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 been adopted. Notwithstanding the foregoing , however , after the premises have been owner-occupied for at least four consecutive years , at the owner ' s option , the premises may be leased and nonmmowner occupied for a period of up to twelve months out of each consecutive periods of sixty months . " 2 . Paragraph 11 of Local Law No . 4 of the year 1984 is amended by designating the first sentence in said paragraph to commence with " ( a) " and adding a new subdivision " (b) " to read as follows (b) The words "owner-occupied " means occupancy by the deed owner of record of the premises . In any action to enforce any violations of these provisions , any relief , obtained against the record owner of the premises , such as injunction , damages , or declarations , shall be binding upon all persons having any interest in the property , beneficial or otherwise , or any persons having a lien on the property derived through the record owner . 3 . This law takes effect immediately . Councilwoman Raffensperger then proposed the following Resolution . Town Board 20 July 8 , 1985 RESOLUTION N0 . 142 Motion by Councilwoman Raffensperger ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby tables Local Law No . 6 - 1985 , until a recamiendatioi from the Committee ( Councilman McPeak , Councilwoman Howell and Town Attorney Barney) is received by the Town Board on the thirteen month versus twenty-four month caner-occupancy . Councilman Bartholf questioned the developer being allowed two years , then the property is sold , will the new owner then have ® twenty-four months to rent the property also? Town Attorney Barney responded , twenty- four months total . As the local law is proposed , Mr . Lucente would get thirteen months to rent , the new owner would not be allowed to rent . (Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) , SUBCCff4ITI'EE REPORT ON CAYUUA VISTA CDVENANTS MODIFICATIONS Councilwoman Howell reported that the Committee had met and gone over the ideas presented by Cayuga Vista . She went on to say that the Committee felt that Cayuga Vista and Colands were so close together in concept that the rules and regulations for Cayuga Vista should be the same as they are for Commonland . Edward Mazza , representing Cayuga Vista responded that Cayuga Vista was not at all like Commonland and that Cotumonland had consented to the restrictions . The Supervisor went on to say that he did not believe the Town could legally impose these restrictions . Town Supervisor Desch asked Mr . Mazza if he were willing to met with the Committee to work out a compromise . He went on to say that he had a feeling that there was no way the Board was going to give the Cayuga Vista developers a seven year rental period . Mr . Mazza responded that it was hard to get bank financing with the restrictions placed in the Covenants . He went on to say that infact , the whole project may die at this point . Town Engineer Fabbroni remarked that there was one fallacy in applying every set of circumstances to every project . He went on to question what does the maximum density load up to under clustering ? The developers of Cayuga Vista have not asked for the maximum density in this project . Councilwoman Raffensperger responded , we are not talking about density , only character of density . Town Attorney Barney warned the Board about giving Cayuga Vista ® carte blanche to rent . Councilwoman Raffensperger questioned the fact that there were some occupancy restrictions . Supervisor Desch responded yes , in the Covenants Town Engineer Fabbroni remarked that Commonlands came up to 124 units . Cayuga Vista did not ask for the number of units they could have , they are entitled to more units . Town Board 21 July 8 , 1985 Councilwoman Raffensperger asked how many units are we talking about for the acreage ? Mr . Mazza responded , 32 units . There is close to nine acres of land . Councilman Cramer asked if Commonland was allowed seven years of rental? Town Engineer Fabbroni responded no . Density is the big difference between the two projects . Councilwoman Raffensperger remarked that the discussion was not ® density but rental . Supervisor Desch asked the Committee to meet with Mr . Mazza . He then told Mr . Mazza to look for a middle ground , not seven years or there would be no need to hold another meeting . Town Attorney Barney suggested that perhaps someone should chat with the Bank to ascertain their concerns . FINANCIAL REPORT RESOLUTION N0 , 143 Motion by Councilman Cramer ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the Financial Report for the month ending June 30 , 19850 ( Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER A MMENT TO THE ZONING ORDINANCE ON RESIDENCY OCCUPANCY Supervisor Desch stated that this agenda item will be adjourned until a later date . APPROVAL OF MINUTES Councilwoman Raffensperger stated that she had a correction to the May 13 , 1985 Board minutes . On page 21 , under Environmental Assessment ( Park Lane Extension ) she asked that "which she reported to the Supervisor" be added to the sentence - Councilwoman Raffensperger stated that she had received a telephone call pertaining to the project , which she reported to the Supervisor . Supervisor Desch stated that for clarification , the resolution pertaining to the Environmental Assessment (Resolution No . 119 ) should be modified to read . . . . declares that the proposed action will not have a significant environmental impact , i . e . , is a negative declaration . RESOLUTION NO , 144 Motion by Councilman McPeak ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the minutes of the May 13 , 1985 Town Board meeting as corrected . Town Board 22 July 8 , 1985 ( Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . RESOLUTION N0 , 145 Motion by Councilwoman Raffensperger ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the minutes of the June 10 , 1985 Town Board meeting as presented by the Town Clerk . ® (Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . PINE TREE ASSOCIATES REQUEST FOR REVISIONS TO RESTRICTIVE COVENANTS Supervisor Desch stated that no action will be taken on this agenda item tonight . PLANNING BOARD BY-LAWS AND POLICIES Supervisor Desch stated that action on this item will be adjourned until the August meeting . TOWN OF ITHACA WARRANTS RESOLUTION NO . 146 Motion by Councilman Cramer ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated July 8 , 1985 , in the following accounts : General Fund - Townwide . . . . . . . . . . . . . . . . . . . . . . . . $ 69 , 146 . 52 General Fund - Outside Village . . . . . . . . . . . . . . . . . $ 13 , 405 . 69 Highway E'und . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75 , 311 . 84 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 354 , 953 . 74 ° Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 343 . 85 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16 , 696 . 96 Federal Revenue Sharing Fund . . . . . . . . . . . . . . . . . . . $ 1 , 391 . 21 ( Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . BOLTON POINT WARRANTS RESOLUTION N0 , 147 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Bolton Point Warrants dated July 8 , 1985 , in the Operating Account are hereby approved , in the amount of $ 47 , 019 . 99 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment , (Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . Town Board 23 July 8 , 1985 Town Engineer Lawrence Fabbroni stated that the public had come and spoke on the issue of the Park Lane Extension . He went on to say that he had to obtain one more signature on the Pine Tree Associates agreement . He stated that unless he heard opposition fran the Board , he assumed , therefore , that he was to forge ahead with the project . ADJOURiv= The meeting was duly adjourned . own Clerk