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HomeMy WebLinkAboutTB Minutes 1986-10-20 TOWN OF ITHACA SPECIAL TOWN BOARD MEETING October 20 , 1986 At a Special Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , at 5 : 30 P . M . , on the 20th day of October , 1986 , there were : • PRESENT : Noel Desch , Supervisor Henry McPeak , Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman Gloria Howell , Councilwoman Robert Bartholf , Councilman Patricia Leary , Councilwoman ALSO PRESENT : Lawrence Fabbroni , Town Engineer John Barney , Town Attorney Deborah Dietrich , Board of Representatives Lucia Armstrong , 121 Honness Lane Nelson Stillwell , 128 Honness Lane Christine Stratakos , 124 Honness Lane Nell Mondy , 126 Honness Lane Larry Hull , 491 Floral Avenue Dirk Galbraith , 308 North Tioga Street Constance E . Cook , 209 Coy Glen Road Marian Woolley , 133 Glenside Road Gerald Greene , 204 Glenside Road Adolph Turco , 200 Glenside Road Betty Turco , 200 Glenside Road Carol Ridall , 172 Seven Mile Drive Jim Ridall , 172 Seven Mile Drive Gertrude Armbruster , 850 Five Mile Drive Philip White , Jr . , 348 Applegate Road Mark Tomlinson , 224 Bostwick Road Eleanor Sturgeon , 718 Elmira Road Tracie Evans , 174 Calkins Road George Sheldrake , 174 Calkins Road Paul Tavelli , 405 North Tioga Street William Seldin , 405 North Tioga Street Richard Tompkins , 176 Seven Mile Drive Linda Tompkins , 176 Seven Mile Drive David Dubin , 178 Seven Mile Drive Mr . & Mrs . Richard Sullivan , 136 Seven Mile Drive Ron Beashear , Tupper Road , Spencer Wendy Beashear , Tupper Road , Spencer Paul Jacob , 146 Seven Mile Drive Jonathan Albanese , Attorney • Andrew D . Young , 136 Seven Mile Drive , Lot 14 Carolyn G . Howden , 136 Seven Mile Drive , Lot 14 Douglas Williams , 136 Seven Mile Drive , Lot # 4 Mr . & Mrs . Derek M . Johnston , 136 Seven Mile Drive , Lot # 3 Mr . & Mrs . George Dickinson , 136 Seven Mile Drive , Lot 12 Dorothy Negley , 136 Seven Mile Drive , Lot 17 Grace E . Cutter , 136 Seven Mile Drive , Lot 15 Judith Pallattee , 136 Seven Mile Drive , Lot # 1 Janice Cuer , 136 Seven Mile Drive , Lot # 11 Town Board Minutes 2 October 20 , 198X4 W . R . Albern , Sunnyslope Terrace Jeff Coleman , 178 Calkins Road Ronald Be Knewstub , 179 Calkins Road Sandra L . Knewstub , 179 Calkins Road Nansen Josselyn , 152 Seven Mile Drive Donald Josselyn , 152 Seven Mile Drive Lisa Snyder , 126 Seven Mile Drive Joan Reuning , 167 Calkins Road Sanford Reuning , 167 Calkins Road Larry Phillips , 167 Calkins Road Kathleen M . Naegely , 136 Seven Mile Drive Chuck Smith , 136 Seven Mile Drive Paula Lukas , 136 Seven Mile Drive , Lot # 16 • Millard Brink , 706 Elmira Road Lucille Brink , 706 Elmira Road Representatives of the Media . Ken Hughes , WHCU PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . CERTIFICATE OF APPRECIATION FOR TOWN ENGINEER Supervisor Desch , on behalf of the Town Board , presented to Town Engineer Lawrence P . Fabbroni a Certificate of Appreciation for the fine job he did on the new Burns Road . Town Engineer Fabbroni thanked the Board for the Certificate of Appreciation . REPORT OF TOWN OFFICIALS Supervisor ' s Report Supervisor Desch stated that early in 1987 the Town Board would need to schedule a public hearing to consider the new Senior Citizens exemption . He went on to say that information on Items 14 and 15 on tonights agenda , dissolution of existing fire districts and the establishment of Town of Ithaca fire districts , will be distributed to the Board members very shortly . The financial impact of the proposed fire contract with the City will be discussed further at a meeting to be held this week . Town Engineer ' s Report Coddington Road Pump Station Town Engineer Lawrence Fabbroni reported that one of the valves at the Coddington Road Pump Station is malfunctioning and the sister • valve is starting to act the same way . We have people looking at the problem , however , the Town Engineer noted that he wanted to alert the Board as it may result in a major expenditure . Hospital Access Town Engineer Fabbroni reported that meetings are continuing to be held with the County and the Hospital on the new access road . He stated that there was no new progress to report . Forest Home Drive Town Board Minutes 3 October 20 , 198X (V Town Engineer Fabbroni stated that the wet weather has caused problems on Forest Home Drive . The gravel is so wet that it is making it difficult to compact for paving . Therefore , the surface will be double oiled and then stoned with paving now scheduled for next summer , Miscellaneous We are getting ready to set the traffic counters on Judd Falls Road . The Town Engineer went on to say that during the winter , someone should contact all the property owners on Kay Street , Blackstone and Roat Streets to determine their preference for solving the drainage problems in this area so that work can begin in the Spring . The Engineer noted there continues to be a steady • stream of new building proposal coming into the Town . Sewage Treatment Plant Town Engineer Fabbroni stated that they were experiencing pump performance problems . However , the main part of the plant was proceeding on pretty well . Painting of the tanks is critical but this has not been a painting fall . The metering stations are about to be started up . The Town Engineer remarked that he would be involved with site restoration and the coordination of all projects at the sewage treatment plant . Town Engineer Fabbroni stated that he was leaving the Board with a 150 item " to do " list . The Town Engineer noted a tendency , in the Town , to go to the next project before cleaning up the loose ends on other projects . Town Engineer Fabbroni went on to say that he leaves a part of himself with whatever he does . He stated that water and sewer improvements mean a lot to him . Roads and parks are big things to him , along with getting water tanks in shape . He went on to say that he hadn ' t enjoyed all the fighting that it took to get the projects done but he acknowledged that this was a part of the accomplishment . Town Engineer Fabbroni remarked that he would like to end with the following observation . He stated that his father was a hated enemy - a "developer " . He noted that his father had purchased a piece of land and sold three lots . He had one lot remaining but did not want to build on this lot on speculation . A photographer wanted to purchase the land and have his father construct a building . The _ photographer need a 10 ' ceiling in his studio . His father went before the Zoning Board of Appeals who denied the application on the grounds that the building would not be compatable with the neighborhood . In the end , his father ended up building a house for his aunt on this lot . A short time later , a four story building was erected across the street from this lot . The Town Engineer then cautioned the Board , "Don ' t get carried away with a perfect vision of the future " . Highway Superintendent ' s Report Highway Superintendent Robert Parkin reported the highway crew busy • filling the salt and sand pile . One spreader has been mounted , however , he stated that he hopes to be able to hold off mounting the rest of the spreaders until after Fall Clean-up . The Highway Superintendent went on to report that State had finished the paving of the intersection of Route 79 and Burns Road . He noted that several Town residents were waiting for the Highway crew to install new culvert pipes . COUNTY BOARD OF REPRESENTATIVE ' S REPORT Town Board Minutes 4 October 20 , 198X Deborah Dietrich reported that the Representatives were busy with the 1987 budget . She went on to say that they were looking at a substantial tax increase and that if anyone had any comments she would appreciate hearing from them . Mrs . Dietrich remarked that the County was waiting for State DOT to decide if a traffic light should be installed at the hospital entrance on Route 96 . She went on to say that she had received a lot of good comments from constituents regarding the Channel 13 TV program on the Octopus and that she planned to work with the Coalition . Councilman Cramer asked Representative Dietrich if she felt sales • tax revenue would be forthcoming? Mrs . Dietrich responded that sales tax revenue looked very positive . Councilman McPeak questioned if Cornell University would be paying room tax? Representative Dietrich responded that Cornell would be making a payment as a gift in lieu of sales tax . Per law , Cornell is not required to pay . EXTENSION OF TEMPORARY HIGHWAY EMPLOYEES RESOLUTION NO 0 Motion by Councilman Cramer ; seconded by Councilman Bartholf , WHEREAS , the need continues to exist for additional temporary highway positions in the highway department to complete special projects that are currently in progress , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the extension of two temporary highway positions that expire November 6 , 1986 , be extended until December 31 , 1986 , and two temporary highway positions that expire September 26 , 1986 , be extended to November 7 , 1986 , retroactive to September 26 , 1986 , and FURTHER BE IT RESOLVED , that the two temporary positions which expire on December 31 , 1986 be made permanent positions on this date and that the two temporary employees , Larry Salmi and Raymond Manning currently filling these position become full time employees . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . APPROVAL OF MINUTES • RESOLUTION NO . Motion by Councilman Bartholf , seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the minutes of the September 8 , 1986 Town Board meeting as presented by the Town Clerk . (Desch , McPeak , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none . Abstaining - Raffensperger) Town Board Minutes 5 October 20 , 198X G RESOLUTION NO . Motion by Councilwoman Raffensperger , seconded Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the minutes of the September 22 , 1986 Town Board meeting as presented by the Town Clerk . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER ADOPTING A MODIFIED LOCAL LAW #4 , • AMENDING THE ZONING ORDINANCE TO PERMIT A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE) , LOCATED AT 1283 AND 1287 TRUMANSBURG ROAD AND ON INDIAN CREEK ROAD . Proof of posting and publication of notice of a public hearing to consider adopting a modification to Local Law # 4 , amending the Zoning Ordinance with respect to the proposed designation of certain lands of Tompkins County , also known as the Biggs Complex , presently zoned Residence District R30 , as a Special Land Use District (Limited Mixed Use ) , located at 1283 and 1287 Trumansburg Road and on Indian Creek Road , Town of Ithaca Tax Parcel No . 6-24-3-2 . 2 , Tompkins County , owner , having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Desch noted that after previous discussions "Restaurant Use Only" was added to the proposed local law and , therefore , the proposed law had to be revised and placed before the Board members again . As no one present wished to speek for or against the proposed local law , the Supervisor closed the public hearing . LOCAL LAW No . 4 - 1986 Motion by Supervisor Desch , seconded by Councilman Cramer , LOCAL LAW NO . 4 - 1986 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE ) AT THE BIGGS COMPLEX OWNED BY TOMPKINS COUNTY The Zoning Ordinance of the Town of Ithaca as re-adopted , amended and revised effective February 26 , 1968 , be further amended as follows : 1 . 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 No . 3 " . • 2 . The uses permitted in this Special Land Use District No . 3 are : ( a ) any use permitted in an R9 , R15 , R30 , or Multiple Residence District . (b) any use permitted in an Agricultural District . (c ) any use permitted in an A , B . or E Business District ( Restaurant use only) . Town Board Minutes 6 October 20 , 198) �a 3 . Notwithstanding the foregoing , no uses otherwise permitted shall be allowed in such district if the uses produce offensive noise , ordors , smoke , fumes , vibration , glare , electronic interference , radiation , or if the use involves substances or devices that may cause harm due to their hazardous nature . No . uses shall be permitted if not pursuant to and consistent with a unified plan for the entire Special Land Use District as the same may be initially approved by the Planning Board and subsequently amended with the approval of the Planning Board . 4 . Any use in this district shall be governed by all of the requirements , including sideyards , setbacks , building coverage , accessory uses , and similar requirements , of the most restrictive • district (other than this Special Land Use District (Limited Mixed Use ) ) in which such use is permitted by other terms of this ordinance , except that the number of parking places required shall be the number presently provided unless the Planning Board , in its descretion , determines parking is inadequate in which event the number of parking places shall be increased to the number designated by the Planning Board up to the maximum that would otherwise be required by the most restrictive districts for which each use would be governed but for the existence of this Special Land Use District , 5 . In addition to the requirements and restrictions imposed by any other district , there shall be no new construction in this Special Land Use District unless and until all of the requirements of this ordinance have been complied with and , in addition , the following requirements to the extent not required by other provisions of this ordinance : ( a) 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 have been shown on a final site plan approved by the Planning Board , and any construction thereafter shall be in accordance with said site plan as finally approved . In determining whether or not to approve the site plan , the Planning Board may employ the same considerations it would employ in approving a site plan pursuant to Sections 46 and 78 of this ordinance . (b) Building permits shall be required for any construction , including construction of signs and outdoor lighting facilities . Such permits shall not be issued until the Planning Board has approved the design and specifications therefore . (c ) No further construction will occur until a new access roadway has been built by Tompkins County from station 10+00 west of and through parcel P4 as shown on the map referred to in Schedule A to this local law to connect to the two-way driveway presently extending from the southeast corner of parcel P3 as shown on said map to • Indian Creek Road according to a mutually agreeable location and specifications acceptable to the Town Board of the Town of Ithaca , and until utility easements to serve properties to the north and west of lands of Tompkins County be granted for water and sewer extensions fran existing on-site utility locations and more specifically to the former Gilcher property and to Indian Creek Road at locations and upon terms and specifications satisfactory to the Town Board . (d) No new construction and no additional occupancy of the Town Board Minutes 7 October 20 , 198K �a existing buildings in this Special Land Use District shall be permitted if the Planning Board , in its discretion , determines that present arrangements for on-site parking are inadequate until sufficient on-site parking spaces are provided in an amount required by the Planning Board up to the maximum required by the most restrictive districts for which each use would be governed but for the existence of this Special Land Use District . ( e ) Any construction for which a permit is granted shall comply with all applicable laws , codes , ordinances , rules and regulations . • 6 . The area encompassed and rezoned in accordance with this local law to Special Land Use District No . 3 is described on Schedule A to this local law . The Official Zoning Map of the Town of Ithaca is hereby amended by adding such district at the location described . 7 . 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 . 8 . This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York , whichever is later . SCHEDULE A DESCRIPTION OF PORTION OF LANDS OF TOMPKINS COUNTY BEING REZONED SPECIAL LAND USE DISTRICT N0 , 3 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca , Tompkins County , State of New York , more particularly described as follows : i COMMENCING at a point in the access road to the Tompkins County Biggs facility which point of beginning is located 91 . 99 feet south 23 degrees 11 minutes 36 seconds east from a "PK" nail located in the center line of Indian Creek Road at the intersection of said center line with the center line of said access road ; running thence south 76 degrees 49 minutes 53 seconds east 229 . 21 feet along the center of a service road ; running thence on a curve to the right along the center line of said service road with a chord direction of south 63 degrees 33 minutes 19 seconds east and a chord distance of 287 . 27 feet to a point ; running thence south 50 degrees 49 minutes 47 seconds east along the center line of said service road 112 . 53 feet to where said center line intersects with the center line of another service road ; running thence south 15 degrees 36 minutes 25 seconds east along the center line of a service road 269 . 33 feet to a point ; running thence south 74 degrees 37 minutes 45 seconds west 68 . 12 feet to an iron pipe ; • thence running south 15 degrees 21 minutes 36 seconds east 155 . 9 feet to an iron pipe , running thence north 74 degrees 29 minutes 53 seconds east 67 . 47 feet to a point , running thence on a curve to the left and then a slight curve back to the right with a combined chord distance of south 49 degrees 9 minutes 39 seconds east and a chord distance of 209 . 49 feet which line runs along the center line of said service road to its intersection with the center line of another service road , running thence northerly on the center line of the service road and past the gas regulating house on a curve first to the right and then slightly to the left , the combined chord being in a direction of north 16 degrees 40 minutes 5 seconds Town Board Minutes 8 October 20 , 198X 6 east with a chord distance of 344 . 8 feet to a point of juncture between the center line of two service roads , running thence on a slight curve to the left along the center line of one of said service roads a chord direction of north 85 degrees 5 minutes 49 seconds east and a chord distance of 114 . 48 feet to a points running thence along the center line of said road on a chord direction of north 69 degres 42 minutes 24 seconds east and a chord distance of 99 . 87 feet to a point ; continuing along the same center line a chord direction of north 52 degrees 6 minutes 42 seconds east a chord distance of 99 . 89 feet to a points running thence along the center line a further distance of 16 . 29 feet to a point ; running thence south 3 degrees 42 minutees 28 seconds east 645 . 48 feet to a point ; running thence south 32 degrees 41 minutes 49 • seconds east 88 . 47 feet to an iron pipe ; running thence south 74 degrees 38 minutes 43 seconds west 403 . 55 feet to the center line of a service road ; running thence south 14 degrees 3 minutes 25 seconds east along the center line of said road approximately 20 feet to a nail set in the middle of the road ; running thence south 74 degrees 34 minutes 8 seconds west south of the old Hospital Building a distance of 296 . 25 feet to an iron pipe , running thence south 15 degrees 22 minutes 41 seconds east on a line parallel to a wing of the old Hospital and approximately 40 feet distance therefrom a distance of 121 . 86 feet to an iron pipes thence running north 74 degrees 23 minutes 51 seconds west and passing 3 feet southerly of the old Hospital Building a distance of 404 . 3 feet to an iron pipe , running thence north 22 degrees 38 minutes 46 seconds west approximately 260 feet to a monument ; running thence north 19 degrees 0 minutes 26 seconds west 338 . 44 feet to an iron pipe ; running thence on the same bearing a distance of 121 . 10 feet to an iron pipe , running thence north 81 degrees 15 minutes 52 seconds east 227 . 82 feet to an iron pipe ; continuing on the same bearing 25 feet to the center line of a service road , running thence on a slight curve to the left with a chord bearing of north 15 degrees 32 minutes 48 seconds west and a chord distance of 273 . 27 feet , said course running along the cneter line of said service road to a point ; thence north 23 degrees 11 minutes 36 seconds west along the center line of said service road 537 . 96 feet to the point or place of beginning . The description set forth above is based upon a map entitled "Subdivision Map of Lands of the County of Tompkins , N . Y . S . Route 96 , Trumansburg Road , Town of Ithaca , Tompkins County , New York " dated August 1 , 1984 , amended April 24 , 1985 , made by T . G . Miller Associates , P . C . , marked to show proposed Mixed Use Zone June 2 , 1986 and is intended to include parcels designated P3 , P4 , P6 , P7A , PBA , and P9 , a copy of which map is on file with the Planning Department of the Town of Ithaca . Containing approximately 22 . 2 acres of land , more or less . Supervisor Desch called for a roll call vote . Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Councilwoman Howell Voting Aye • Councilwoman Leary Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law No . 4 - 1986 was thereupon declared duly adopted . NOTE : Councilman McPeak left the meeting before the vote on Local Law No . 4 - 1986 , was taken . TOWN HISTORIAN Town Board Minutes 9 October 20 , 198' ( 6 RESOLUTION NO . Motion by Councilwoman Raffensperger , seconded by Councilwoman Howell , WHEREAS , a vacancy exists in the position of Town Historian due to the resignation of Dr . Helen Blauvelt , and WHEREAS , Amy Humber has expressed an interest in continuing the work started by Dr . Blauvelt and herself , and WHEREAS , Ms . Humber , as an archivist would bring to the Town the expertise needed to maintain the Town ' s valuable collection of • archival material , and WHEREAS , both the Town Clerk and the former Town Historian strongly endorse the appointment of Amy Humber as Town Historian , NOW THEREFORE BE IT RESOLVED , that the Twon Board of the Town of Ithaca hereby appoint Amy Humber as Town Historian for the Town of Ithaca . (Desch , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . PERSONS TO BE HEARD Professor Nell Mondy , 126 Honness Lane presented the following petition , dated April 28 , 1986 , and signed by 34 residents of Honness Lane : "We , the residents of Honness Lane , Ithaca , New York , wish to restrict the use of the street to trucks under 5 tons , and we wish to have a sign posted ( similar to that now on Cornell Street) stating that the street will have truck usage for only local deliveries . " Ms . Mondy went on to state that the main points she wished to make tonight are air polution and safety . Air polution from trucks and dirt . She noted that noise is also a polution and the biggest problem at the moment . A home located on Honness Lane used to be a good place to sleep , everything was fine until the new development started . Now we are getting construction trucks plus tractor trailers . One truck every minutes . The trucks are choosing to use Honness Lane instead of State Street . We are awakened everyday between 6 : 00 A .M . and 7 : 00 A . M . , with the noise . Ms . Mondy went on to say that on Friday night , October 17th she was very tired and came hcme to lay down at 5 : 30 P .M . , the noise lasted until after 7 : 00 P .M . She noted that on October 15th she ran home during the day to do an errand and found that the telephone lines and the cable lines had been torn down . Also , the contractor had torn up evergreen trees on her property . Ms . Mondy then showed the Town Board members pictures of the area before and after the • construction has started . She went on to say that the ditch in front of her house was getting bigger and filled with garbage and that the drainage is in her direction . Professor Mondy stated that the people on Honness Lane are no long happy with the noise or additional traffic , the number of trucks using Honness Lane is considered a safety problem . Supervisor Desch noted that another problem which is causing traffic on Honness Lane is the problem of Dryden Road being closed . Town Board Minutes 10 October 20 , 198X Nelson Stillwell , 128 Honness Lane noted that he was experiencing the same problems Ms . Mondy had point out - stopping , starting , squeeling of brakes , spinning of tires and the back and forth movement needed to make the turn . Supervisor Desch thanked Professor Mondy for taking the time to talk to the Board . SET DATE FOR PUBLIC HEARING FOR THE DISSOLUTION OF EXISTING FIRE DISTRICTS RESOLUTION N0 . • Motion by Supervisor Desch ; seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P . M . , on November 17 , 1986 , to consider the dissolution of the existing fire districts . (Desch , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . NOTE : At this time , Councilman McPeak returned to the meeting . SET DATE FOR PUBLIC HEARING TO ESTABLISH TOWN OF ITHACA FIRE DISTRICTS RESOLUTION NO . Motion by Supervisor Desch , seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 15 P . M . , on November 17 , 1986 , to consider the establishment of Town of Ithaca fire districts . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . FINANCIAL REPORT RESOLUTION NO . Motion by Councilman Cramer ; seconded by Councilman McPeak , i RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the Financial Report for the month of September . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . FINDINGS OF ENVIRONMENTAL IMPACT ON THE PROPOSED REZONING OF • CERTAIN LANDS ALONG FIVE MILE DRIVE Town Planner Susan Beeners presented the following "Statement of Findings for the proposed rezoning of certain lands in the area of Five Mile Drive , Town of Ithaca " : The following statement of findings has been prepared pursuant to the New York State Environmental Quality Review Act (SEQRA) . These findings have been prepared by the Town Board of the Town of Ithaca , acting as Lead Agency in the environmental review of the proposed rezoning . The Final Generic Environmental Impact Town Board Minutes 11 October 20 , 19W4 Statement on this action was filed on September 11 , 1986 . This document , along with this statement of findings , shall be on file in the office of the Town Clerk . FINDINGS : 1 . The Town has conducted a thorough environmental review of the proposed rezoning and has met the requirements of Part 617 of Article 8 of the New York State Environmental Conservation Law and the requirements of Town of Ithaca Local Law No . 3 , 1980 . A draft GEIS was distributed to all involved agencies and to other interested parties , and was reviewed at public hearings by the Planning Board and at further public hearings by the Town Board . • Comments received from several agencies and interested parties were given due consideration and were incorporated in the Final G/EIS which was likewise filed and distributed . 2 . The 151+/ - acre area proposed for rezoning lies within 2000 feet of Route 13A , otherwise known as Five Mile Drive or Floral Avenue . Nearly half of this area is within the 100-year flood plain or contains wetlands . A portion of the Coy Glen Critical Environmental Area is included in the area to be rezoned . The R9 , high-density residential zoning within this area along Five Mile Drive reflects an outdated strip zoning scheme that is considered inappropriate because of limitations of utility extension and existing and potential land use . It is proposed that these R9 lands be rezoned for medium - and low - density use (R15 , R30 ) . Those lands in the area which are currently zoned light industrial (LI ) and industrial (HI ) are mostly vacant . Because of soil limitations , flood plain areas , adjacent residential land uses , and community recreation and open space plans , these industrially-zoned lands are proposed for rezoning for low-density residential use (R30 ) , and , where utility extension is feasible , for medium-density residential use (R15 ) . In the interest of consolidating similar land use , an existing multiple residential district is proposed to be expanded to include one adjacent property that contains a multiunit dwelling . All presently legal land uses would be allowed to remain as legal nonconforming uses under the proposed rezoning . The possibility of rezoning additional lands for medium-density residential use , if further extension of water and sewer lines becomes feasible at a future date , has been recognized in the F/EIS . 3 . The rezoning as proposed would minimize adverse environmental impacts to the maximum extent possibly by eliminating the possibility of conflict between potential industrial and high-density residential development and existing residential , floodplain , and wetland areas . • The principal potentially adverse impact resulting from this action is the reduction of industrially-zoned land in the Town of Ithaca . Such impact can be mitigated by the rezoning of suitable lands elsewhere in the Town for this purpose . Such rezoning , if suitable lands exist , is expected to occur upon completion of an ongoing comprehensive planning study which is to inventory available land , evaluate existing zoning law , and select sites suitable for industrial use . 4 . Given the information outlined in the FEIS , the proposed rezoning will have no adverse impact on the environment or on the Town Board Minutes 12 October 20 , 198 ( 6 character of the community and no further environmental review is necessary , provided that the identification of land , if such land exists , elsewhere in the Town which is suitable for industrial development , remains a priority objective of comprehensive planning efforts . RESOLUTION NO . Motion by Councilwoman Raffensperger , seconded by Councilman Cramer , WHEREAS , the Town Board of the Town of Ithaca has accepted a Final • Generic Environmental Impact Statement ( "GEIS " ) , on the proposed rezoning of certain lands in the area of Five Mile Drive , Town of Ithaca , and WHEREAS , more than ten days has elapsed since such acceptance and the Town Board has given due consideration to the Fianl GEIS , NOW THEREFORE BE IT RESOLVED , that the following consitute the findings and conclusions of the Town Board in regard to the proposed rezoining of certain lands in the area of Five Mile Drive , Town of Ithaca : The following statement of findings and conclusions has been prepared pursuant to the New York State Environmental Quality Review Act ( SEQUA) . These findings have been prepared by the Town Board of the Town of Ithaca , acting as Lead Agency in the environmental review of the proposed rezoning . The Final Generic Environmental Impact Statement on this action was filed on September 11 , 1986 . This document , along with this statement of findings and conclusions , shall be on file in the office of the Town Clerk , FINDINGS AND CONCLUSIONS : 1 . The Town has conducted a thorough environmental review of the proposed rezoning and has met the requirements of Part 617 of Article 8 of the New York State Environmental Conservation Law and the requirements of Town of Ithaca Local Law No . 3 , 1980 . A draft GEIS was distributed to all involved agencies and to other interested parties , and was reviewed at public hearings by the Planning Board and at further public hearings by the Town Board . Comments received from several agencies and interested parties were given due consideration and were incorporated in the Final GEIS which was likewise filed and distributed . 2 . The 151+/ - acre area proposed for rezoning lies within 2000 feet of Route 13A , otherwise known as Five Mile Drive or Floral Avenue . Nearly half of this area is within the 100-year flood plain or contains wetlands . A portion of the Coy Glen Critical Enivronmental Area is included in the area to be rezoned . • The R9 , high-density residential zoning within this area along Five Mile Drive relects an outdated strip zoning scheme that is considered inappropriate because of limitations of utility extension and existing and potential land use . It is proposed that these R9 lands be rezoned for medium - and low - density use (R15 , R30 ) . Those lands in the area which are currently zoned light industrial (LI ) and industrial (HI ) are mostly vacant . Because of soil limitations , flood plain areas , adjacent residential land uses , and community recreation and open space plans , these industrially-zoned Town Board Minutes 13 October 20 , 198, ' 60 lands are proposed for rezoning for low-density residential use ( R30 ) , and , where utility extension is feasible , for medium-density residential use (R15 ) . In the interest of consolidating similar land use , an existing multiple residential district is proposed to be expanded to include one adjacent property that contains a multi-unit dwelling . All presently legal land uses would be allowed to remain as legal nonconforming uses under the proposed rezoning . The possibility of rezoning additional lands for medium-density residential use , if further extension of water and sewer lines becomes feasible at a future date , has been recognized in the Final GEIS . • 3 . Consistent with social , economic and other essential considerations , and choosing from among reasonable alternatives , the rezoning as proposed would minimize or avoid adverse environmental impacts to the maximum extent possible , including the effects disclosed in the Final GEIS , by eliminating the possibility of conflict between potential industrial and high-density residential development and existing residential , flood plain , and wetland areas . The principal potentially adverse impact resulting from this action is the reduction of industrially-zoned land in the Town of Ithaca . Such impact can be mitigated by the rezoning of suitable lands elsewhere in the Town for this purpose . Such rezoning , if suitable lands exist , and if it is practicable and consistent with social , economic and other essential considerations , is expected to occur upon campletion of an ongoing comprehensive planning study which is to inventory available land , evaluate existing zoning law , and select sites suitable for industrial use . 4 . Given the information outlined in the Final GEIS , the proposed rezoning would minimize or avoid adverse environmental impacts or impacts to the character of the camiunity to the maximum extent possible , and no further environmental review is necessary . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER THE ADOPTION OF A LOCAL LAW TO AMEND THE ZONING ORDINANCE WITH RESPECT TO THE PROPOSED REZONING OF CERTAIN LANDS ALONG FIVE MILE DRIVE Proof of posting and publication of notice of a public hearing to consider the adoption of a local law to amend the Zoning Ordinance with respect to the proposed rezoning of certain lands along Five Mile Drive from the Town of Ithaca/City of Ithaca line to the Elmira Road (NYS Route 34 ) , from Residence District R9 , Light Industrial District , and Industrial District , to Residence Districts R15 , R30 , and Multiple (Parcel No . 6-31-2-20) having been presented by the Town Clerk , the Supervisor opened the public hearing . • Constance Cook , 209 Coy Glen Road stated that since 1954 , the area had obviously not been suited for industrial development . Mrs . Cook stated that most of the people effected don ' t know what is going on . Those who like on the hill and look down on green fields find this a lovely area and don ' t want to look down on flat roofs and parking lots that are associated with an industrial zone . Mrs . Cook added that most of the people opposed to the rezoning do not live in the area . Town Board Minutes 14 October 20 , 198)(b Norbert H . Schickel III , 494 Five Mile Drive read the following letter from himself and his wife Benitta , dated October 20 , 1986 , address to the Town Board : "The re-zoning along Five Mile Drive to residential is an excellent plan by your Planning Department and we whole heartedly support it . Among the reasons for our support are the following : 1 . The character of the whole area west of the Inlet , including West Hill and Floral Avenue in the City and Five Mile Drive in the Town of Ithaca , is in fact used as residential , with few exceptions . The land in the City is zoned residential . The few landowners who have • non-conforming uses ( for example - horses ) would be able to continue . 2 . The inlet forms a natural buffer between the industrial-commercial in the City of Ithaca and the residential on the west side of the inlet . 3 . The Cayuga Inlet Trail and the Bike Trail fit in very nicely with the residential character and would not be compatible with an industrial zone . 4 . The planned park would likewise fit in much more compatibly with the residential zone than with an industrial zone . 5 . With the rezoning to residential , the entire area immediately west of the inlet , whether in the City or Town , would then be zoned residential . This makes for a certain symmetry and harmony in the zoning . 6 . Residential use is most suited to the natural beauty of the area - the inlet , inlet trail , bicycle trail and park . Again , you have our enthusiastic support for this rezoning . " David Gries , 112 Glenside Road stated that he wholely supported the rezoning . Dirk Galbraith , attorney representing Lawrence Hull stated that a petition had been filed , signed by persons owning 58 acres of the area to be rezoned . He went on to say that if you subtract out public land then you end up with about 50 % of the land owners in the area to be rezoned signing the petition opposed to the rezoning . He stated that Mr . Hull was being deprived of the use of his land . There will be no residential development built there because the banks will not lend money on land in a flood zone . Mr . Galbraith stated that there was no need for the proposed rezoning as it was not want by a number of the people who live in the area to be rezoned . As no one else present wished to speak for or against the rezoning , • the Supervisor closed the public hearing . LOCAL LAW N0 . 5 - 1986 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , LOCAL LAW NO . 5 - 1986 A LOCAL LAW TO AMEND THE ZONING ORDINANCE BY REZONING APPROXIMATELY 151 ACRES LOCATED ALONG FIVE MILE DRIVE Town Board Minutes 15 October 20 , 198)( Z The Zoning Ordinance of the Town of Ithaca as readopted , amended and revised effective February 26 , 1968 , and subsequently amended , be further amended as follows : A . The zoning map dated July 1 , 1954 , as amended to date , is hereby further amended by rezoning the lands hereinafter described from their present zoning to the zoning indicated hereafter . Be The lands shown on Tompkins County Tax Map No . 6-31 for the Town of Ithaca as more particularly described below are hereby rezoned fran their current zoning classification to the classification set forth below . • 1 . The portion of Tax Parcel #31-2-3 . 2 presently zoned Residence District R9 is hereby rezoned to Residence District R30 . 2 . The portion of Tax Paercel #31-3-2 . 2 presently zoned Residence District R9 is hereby rezoned to Residence District R30 . 3 . Tax Parcel #31-4-4 . 2 , presently zoned Residence District R9 , is hereby rezoned to Residence District R30 . 4 . The portion of Tax Parcel #31-4-3 presently zoned Residence District R9 is hereby rezoned to Residence District R30 . 5 . Tax Parcel # 31-4-2 , presently zoned Residence District R9 , is hereby rezoned to Residence District R30 . 6 . The portion of Tax Parcel # 31-1-9 presently zoned Residence District R9 is hereby rezoned to Residence District R30 . 7 . Tax Parcel #31-1-8 , presently zoned Residence District R9 , is hereby rezoned to Residence District R30 . 8 . Tax Parcel #31-1-7 , presently zoned Residence District R9 , is hereby rezoned to Residence District R30 . 9 . The portion of Tax Parcel # 31-14 , presently zoned Residence District R9 , is hereby rezoned to Residence District R30 . 10 . The portion of Tax Parcel #31-1-5 , presently zoned Residence District R9 , is hereby rezoned to Residence District R30 . 11 . Tax Parcel # 31-2-15 , presently zoned Residence District R9 , is hereby rezoned to Residence District R30 . 12 . The portion of Tax Parcel # 31-2-16 , presently zoned Residence District R9 , is hereby rezoned to Residence District R30 . • 13 . The portion of Tax Parcel # 31-2-17 , presently zoned Residence District R9 , is hereby rezoned to Residence District R30 . 14 . Tax Parcel #31-2-18 , presently zoned Residence District R9 , is hereby rezoned to Residence District R30 . 15 . Tax Parcel #31-2- 19 , presently zoned Residence District R9 and Light Industrial District is hereby rezoned to Residence District R30 . Town Board Minutes 16 October 20 , 198X4 16 . Tax Parcel #31-2-20 , presently zoned Residence District R9 , is hereby rezoned to Multiple Residence District , 17 . Tax Parcel #31-2-21 , presently zoned Residence District R9 , is hereby rezoned to Residence District R30 . 18 . Tax Parcel # 31-2-22 , presently zoned Residence District R9 , and Light Industrial District , is hereby rezoned to Residence District R30 . 19 . Tax Parcel #31-2-23 , presently zoned Residence District R9 , is hereby rezoned to Residence District R30 . • 20 . Tax Parcel #31-2-24 , presently zoned Residence District R9 and Light Industrial District , is hereby rezoned to Residence District R30 . 21 . Tax Parcel #31-2-25 . 2 , presently zoned Residence District R9 and Light Industrial District , is hereby rezoned to Residence District R30 . 22 . Tax Parcel # 31-2-26 . 1 , presently zoned Residence District R9 and Light Industrial District , is hereby rezoned to Residence District R30 . 23 . Tax Parcel #31-2-26 . 2 , presently zoned Residence District R9 and Light Industrial District , is hereby rezoned to Residence District R30 . 24 . Tax Parcel # 31-2-27 , presently zoned Residence District R9 , is hereby rezoned to Residence District R30 . 25 . Tax Parcel #31-2-28 , presently zoned Residence District R9 and Light Industrial District , is hereby rezoned to Residence District R30 . 26 . Tax Parcel # 31-2-29 . 1 , presently zoned Residence District R9 , is hereby rezoned to Residence District R30 . 27 . The portion of Tax Parcel #31-2-31 . 2 , lying north of the center line of Coy Glen Creek , presently zoned Residence District R9 and Light Industrial District , is hereby rezoned to Residence District R15 and the portion of this parcel south of such center line , also presently zoned Residence District , is hereby rezoned to Residence District R30 . 28 . The portion of Tax Parcel # 31-2-1 west of the center line of the Cayuga Inlet Flood Control Channel which is Presently zoned Residence District R9 and Light Industrial is hereby rezoned to Residence District R15 . 29 . The portion of Tax Parcel #31- 2-2 . 1 , presently zoned Residence District R9 is hereby rezoned to Residence District R15 . The portion of this parcel east of the I • current Residence District R9 zone , west of the center line of the Cayuga Inlet Flood Control Channel , and north of the center line of Coy Glen Creek , which portion is presently the subject of litigation as to its zoning classification between the owner and the Town of Ithaca , is hereby zoned Residence District R15 . That portion of such parcel , if any , south of the center line of Coy Glen Creek , west of the center line of the Cayuga Inlet Flood Control Channel , and east of the current Residence District R9 zone , is hereby rezoned Residence District R30 . Town Board Minutes 17 October 20 , 198 OI 30 . Tax Parcel #31-2-2 . 2 , presently zoned Residence District R9 , is hereby rezoned to Residence District R15 . 31 . Tax Parcel # 31-2-32 , presently zoned Residence District R9 and Light Industrial District , is hereby rezoned to Residence District R15 . 32 . Tax Parcel # 31- 2-3 . 1 , presently zoned Light Industrial District and Industrial District , is hereby rezoned to Residence District R30 . 33 . The portion of Tax Parcel #31-2-3 . 2 , southwest of the Cayuga Inlet Flood Control Channel , presently zoned Light • Industrial District and Industrial District , is hereby rezoned to Residence District R30 . 349 Tax Parcel #31-2-30 , presently zoned Light Industrial District , is hereby rezoned to Residence District R15 . 35 . The portion of Tax Parcel # 31-2-4 , west of Cayuga Inlet , presently zoned Industrial District , is hereby rezoned to Residence District R30 . 36 . The portion of Tax Parcel #31-2-5 west of Cayuga Inlet presently zoned Industrial District , is hereby rezoned to Residence District R30 . 379 Tax Parcel #31-24 , presently zoned Industrial District and Light Industrial District , is hereby rezoned to Residence District R30 . 38 . Tax Parcel #31 -2-25 . 1 , presently zoned Industrial District , is hereby rezoned to Residence District R30 . 39 . Tax Parcel #31-2-7 , presently zoned Industrial District , is hereby rezoned to Residence District R30 . 40 . The portion of Tax Parcel #31-2-8 , presently zoned Industrial District , is hereby rezoned to Residence District R30 . 41 . The portion of Tax Parcel #31-2-9 . 2 , presently zoned Industrial District , is hereby rezoned to Residence District R30 . 42 . The portion of Tax Parcel # 31- 1-3 . 1 , presently zoned Residence District R9 is hereby rezoned to Residence District R30 . C . 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 . D . This law shall take effect 20 days after its adoption or upon the date is is filed in the Office of the Secretary of State of the • State of New York , whichever is later . Supervisor Desch called for a roll call vote . Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Councilwoman Howell Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Town Board Minutes 18 October 20 , 198,(%o Supervisor Desch Voting Aye Local Law No . 5 - 1986 , was thereupon declared duly adopted . PUBLIC HEARING TO CONSIDER THE ADOPTION OF A LOCAL LAW TO ESTABLISH THE BENEFIT ASSESSMENT FOR THE TOWN ' S SHARE OF THE ITHACA AREA WASTEWATER TREATMENT FACILITY Proof of posting and publication of a public hearing to consider the adoption of a local law to establish the benefit assessment for the Town ' s share of the Ithaca Area Wastewater Treatment Facility having been presented by the Town Clerk , the Supervisor opened the • public hearing . Supervisor Desch noted that the basic problem was the establishing of the $ 12 per unit rate through the formula which was established many years ago . He noted that 600 units for Cornell University were included in the Assessment Roll on Parcel No . 67-1-10 . 2 . As no one present wished to speak for or against the proposal , the Supervisor closed the public hearing . Councilwoman Raffensperger stated that he had written a memo and a proposed resolution , dated October 18 , 1986 to the Supervisor with copies for the Town Board . " I appreciate the information you gave me Wednesday regarding the change in allocation of costs for the new sewer service . While it is clear that the new service is a "bargain " for Town residents , I think it is important to be sure that those bargain costs are equitably distributed . I remain concerned about that fairness in the 3296168 % (benefit/ rate ) split , while recognizing that the figures for volumes , units , etc . , are of necessity , estimates . The amount of undeveloped land in the Town , with sewer available ; the likelihood that additonal sewer extensions , not now planned , will be slow in coming ; and a recognition of the Town ' s costs for reservation of excess sewer-plant capacity for serviced but undeveloped land in the Town of Ithaca , lead me to question the allocation of costs as proposed . I do understand the difficulty of making any accurate assessment in advance of plant operation experience and so have prepared the attached resolution , which I would like to present to the Town Board preceding the consideration of the resolution setting the rates for 1987 . " Councilwoman Raffensperger then presented her resolution . Supervisor Desch asked the Board members if they had any problems with Councilwoman Raffensperger ' s resolution? • RESOLUTION N0 . Motion by Councilman MCPeak ; seconded by Councilwoman Howell , WHEREAS , by duly adopted procedures there was established a Town of Ithaca - Ithaca Area Wastewater Treatment Plant Improvement Area L ( the "Area " ) as an addition to the Townwide Sewer System , and WHEREAS , the wastewater treatment plant and related improvements comtemplated when the "Area " was established are now nearly complete ( the "Plant " ) , and Town Board Minutes 19 October 20 , 198) 6 WHEREAS , the obligations to finance the Town ' s portion of the costs of the "Plant " have been duly issued , and WHEREAS , the establishment of the "Area" contemplated the costs of the "Plant" to the extent monies are not available from sewer rents collected for the "Plant " , would be payable from assessments levied upon and collected from the several lots and parcels of land deemed benefited by the "Plant " and located in the "Area " , so much upon and from each as shall be in just proportion to the amount of the benefit which the improvement shall confer upon same , and WHEREAS , it is necessary to establish the assessments and sewer rent schedule for the "Area " , • NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca 1 . The Supervisor (Clerk) , pursuant to Town Law Section 202-a has prepared and submitted for consideration by the Town Board detailed estimates in writing of the anticipated revenues and expenditures for the "Area " for maintenance and debt service including a contingency of up to 10 % of the anticipated maintenance costs and such estimates have been included in the 1987 Tentative Budget presented on October 2 , 1986 , and 2 . The Supervisor (Clerk ) , based upon such estimates , has prepared for submission and consideration by the Town Board a proposed assessment roll assessing the estimated expenditures ( less estimated revenues ) on the lots and parcels of land against which the expense of the "Plant " is to be charged , and 3 . In preparing such roll the Supervisor (Clerk) has utilized the benefit formula adopted by resolution of this Board on September 8 , 1981 , a copy of which is annexed . The assessment roll hereby establishes a charge of $ 12 /unit for the "Plant " against those properties benefitted in accordance with paragraphs 1 , 2 , 31 5 , 6 , 7 , 81 91 10 , 11 , 12 , and 13 of the formula . The assessment roll hereby further establishes a charge of . 02 /M full assessed value for the "Plant " against those properties benefitted in accordance with paragraph 4 of the formula . 4 . This Board finds that such benefit formula as set forth in this resolution charges the various lots and parcels of land in the "Area " in proportion as nearly as may be to the benefit which each lot or parcel will derive from the "Plant " . 5 . The Town Board hereby approves the assessment roll as presented to the Town Board and filed with the Town Clerk . • (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . RESOLUTION NO . 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 8 : 00 P . M . , on November 17 , 1986 to consider a local law or resolution to establish sewer rent rates to Town Board Minutes 20 October 20 , 198X be charged to consumers to pay the Town ' s share of 0&M cost and the remaining portion of debt not included in sewer rates . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . Councilwoman Raffensperger then presented her proposed resolution . RESOLUTION NO . Motion by Councilwoman Raffensperger , seconded by Councilman Cramer , • WHEREAS , the application to New York State Audit and Control indicated a 50 % / 50o split between sewer benefit assessments and sewer rent charges , and WHEREAS , the 1987 allocation proposes a 32 % (benefit) / 68 % (rate ) split , that division necessarily based on estimates for 1987 new-plant sewer use volumes , rents and the number of sewer benefit units , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca that a detailed outline of the impact of any sewer rate/benefit allocation be prepared by the Supervisor (Clerk ) , preceding 1988 budget consideration , including 1987 real costs and use-volumes and a numerical outline of the number of undeveloped , developed lots and undeveloped acreage with sewer benefit then in the Town of Ithaca , so that the relative benefit of the new service to users and to the owners of undeveloped lots or acreage may be carefully assessed , such analysis to consider the related formulas in the Town of Ithaca Water and Sewer Benefit Formula ( 9 / 8 / 81 ) . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . TOWN OF ITHACA WARRANTS RESOLUTION N0 . Motion by Councilman Cramer ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated October 20 , 1986 , in the following accounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . $ 16 , 558 . 90 General Fund - Outside Village . . . . . . . . . . . . . . . . . $ 6 , 773 . 48 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 220 , 927 . 76 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21 , 240 . 64 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 367 . 12 (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary • voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER A LOCAL LAW TO AMEND THE ZONING ORDINANCE WITH RESPECT TO THE PROPOSED REZONING OF THE LANDS OF PAUL A . JACOBS Proof of posting and publication of notice of a public hearing to consider a local law to amend the zoning ordinance with respect to the proposed rezoning of the lands of Paul A . Jacobs from Residence District R30 to Residence District R5 (Mobile Home Park District) , Town Board Minutes 21 October 20 , 190( 4c located at 136- 146 Seven Mile Drive , Town of Ithaca Tax Parcel No . 6-33-2-2 and a portion of Town of Ithaca Tax Parcel No . 6-33-2-1 having been presented by the Town Clerk , the Supervisor opened the public hearing . Paul Tavelli , Attorney stated that he and William Selden had been retained by the neighbors . He reminded the Board that he had filed a petition which requires a vote of six affirmative votes . He went on to say that the neighbors had built hones in the area knowing that zoning in the area had been established in the past . Now you propose to rezone the area . What you are proposing is piecemeal rezoning , you are not changing the zoning of all properties . Mr . Tavelli stated that he was not sure the Town has a comprehensive • plan on mobile hones and , therefore , in his opinion this was piecemeal rezoning and not legal . The neighbors want to know about water and sewer . We don ' t know what effect the proposal will have on water and sewer , we don ' t know if it will have a critical effect . We have got to have an environmental impact statement pertaining to the impact on the water and sewer in the area . Mr . Tavelli stated that he felt the Board should not go ahead with the proposal until a complete environmental impact statement has been done one the effects the project will have on the water and sewer in the area . Mr . Tavelli went on to say that the Planning Board approved the proposal by a three to two vote . He noted that as far as he was concerned , this was not approved by the Planning Board . If the Planning Board could only muster three vote - don ' t think this is legal . Any rezoning approved by a count of a three to two vote , without planning functions , without full Board approval has SEAR problems . He went on to say again that he did not think the Town Board should be taking action until the water and sewer question has been addressed . There is no input in the SEAR as to what effect fifty more mobile homes will have on the stream . A full SEAR Form needs to be completed . Mr . Tavelli then showed a map of the area to be rezoned , the map also noted the people opposed to the rezoning . William Selden , Attorney stated that he also represented the people opposed to the rezoning . Mr . Selden stated that the Environmental Assessment Form contained conclusionary statements . He questioned what effect will there be on the area property from air problems , water problems and traffic problems . He asked what studies had been done ? Mr . Selden noted that the environmental statement was originally dated March 23 , 1986 , then revised May 24 , 1986 and again on June 9 , 1986 . He stated that he was again asking , how did you arrive at that conclusion that this action would not effect the ground or the water . Mr . Selden went on to state , as asked at the last meeting , aren ' t we moving too fast? There have been 30 to 40 problems filed with the Health Department regarding the water at the current park . What assurance can you give that the neighbors won ' t have a water problem in the future , that their wells will not become contaminated and there will be sufficient water . Mr . Selden question lead agency status . • William Albern , Engineer for Mr . Jacobs responded that the second well had been tested twice for flow capacity . Also , a satisfactory rating has been received from the Health Deparment . Supervisor Desch then responded that no matter who is lead agent , nothing is lost . The Town cannot issue a permit until the Health Department approves . The Tompkins County Health Department acts all through the process . Town Board Minutes 22 October 20 , 198 0 Town Planner Susan Beeners stated that concerning the environmental assessment form , after meetings with the Health Department it was determined that a full , hard look was not necessary . Mr . Selden asked what studies had been done of the area to be rezoned that would indicate there would be no impact on the quantity and quality of water? Town Planner Susan Beeners responded , the Town Engineer has had an ongoing exchange with the Health Department . Town Supervisor Desch added , from the meetings with the Health Department is the reason the storage capacity was increased . • Mr . Selden again asked what studies had been done that would indicate that the water level of the surrounding properties would be sufficient and not polluted? Town Engineer Fabbroni responded , if you were talking about adding 3 , 000 trailers then a more indepth study would be needed , but you are only talking about adding 30 more trailers . Mr . Selden asked the Town Engineer if he was relying on his own experience in the area? Town Engineer Fabbroni responded that we have data on fifty wells drilled in the area with deep , almost unlimi mo ted capacity . Mr . Jacobs has encountered one of these kinds of wells . Mr . Selden then questioned , the surrounding residents will not have a drawdown problem? Town Engineer Fabbroni responded no , not on the information we have available . Mr . Selden then asked , what about pollution? Mr . Fabbroni responded , the Health Department is a better source of information on this question . William Albern added , in regard to the wells and septic systems , Mr . Jacob ' s plans were in compliance with the Health Department . Also , there is available space for a full septic system replacement if it every becomes necessary . Mr . Albern noted that the Tompkins County Health Department ' s rules and regulations were more stringent than those of the State of New York . Millard Brink , 706 Elmira Road remarked that he didn ' t know anything about fifty wells being drilled in the valley . Supervisor Desch responded that the Lane Report was done about 1971 , at the time of Bolton Point , Mr . Brink stated that the park had changed hands three times and been closed three or four years ago for septic tank problems . • A lady in attendance responded that she had live there for six years and the park had not been closed during this time . Donald Josselyn , 152 Seven Mile Drive presented the following letter dated October 18 , 1986 , addressed "To All Members of the Town Board of Ithaca , New York " : "We oppose the request by Paul A . Jacobs to rezone the 136-146 Seven Mile Drive parcels of land from Residence R30 to Residence R5 (Mobile Home Park District) . Town Board Minutes 23 October 20 , 198y6 1 . Our water supply on nearby properties and in the current park will be crucially diminished . We may experience not only a "drawdown " , but extremely low pressures . People in the park have stated to us their water pressures and their sewage control are causing problems regularly . 2 . We have a "dangerous amount of traffic " for a street less than one mile long . We have huge trucks and snow equipment passing our homes daily from the Town Barns and the Tompkins County Highway Department . The Ithaca City School Bus garage is very close by our homes . Thus we have the potential for more accidents , pollution and noise than the average Town road . • 3 . The soil , water , air and natural surroundings will be greatly effected by enlarging the trailer park . It will reduce the value of our properties by 10-15 % 0 4 . Many of us have " seen and heard first hand" that the current water supply is short and that the sewage control and recreational facilities are far from adequate in the current park . We have seen the closeness of the mobile homes that are from the standards set by this Town Board . We have seen the poor management of the current mobile hone park and really question if it will be different in the new expanded section . 5 . For these reasons we strongly recommend that you "vote no" to this proposal and place your first mobile hone park of this size on a location where Town water is supplied . Eleanor Sturgeon , 718 Elmira Road stated that there would be runoff from increased roofs . The area has always been damp . Mr . Brink constructed a pole barn and we ' re getting more runoff from a small pole barn than we got before and only from one small pole barn , not thirty trailers . Supervisor Desch responded that no matter how the area was developed , you will get increased runoff . David Dubin , 178 Seven Mile Drive remarked , you talk about other kinds of development , you are trashing this area . We already have two highway barns , one bus garage plus a trailer park . We accepted the trailer park as we had asked about its existence and was told it was a legal non-conforming property and what you see is what you get , it won ' t be expanded . We have commercial on both ends and a nice residential area in the middle , we are being dumped on . Where else do you find a bus garage in a residential area . You are creating a getto . a Paul Tavelli stated that trailer parks are going out of business because of poor planning for trailer parks without water and sewer . Supervisor Desch closed the public hearing as no one present wished to speak on different concerns . Councilman McPeak questioned if there was adequate water supply for • fire protection? He stated that he felt there was no real fire protection eventhough you have provided a 10 , 000 storage tank . Councilwoman Raffensperger asked if it were not possible to get Health Department approval without the rezoning being done first? Mr . Albern responded that usually the Health Department does not review the project before the rezoning is completed . They have always been reluctant to review any plans before rezoning is complete . Town Board Minutes 24 October 20 , 198X6 Councilwoman Raffensperger questioned the closeness of the present homes . Mr . Albern responded that the density has been there for ages . As part of the approval of the new project , two units will be removed . RESOLUTION - SEQR - REZONING OF SEVEN MILE DRIVE PROPERTY OWNED By PAUL A . JACOBS FROM R30 to R5 RESOLUTION N0 . • Motion by Councilman Bartholf ; seconded by Councilwoman Howell , WHEREAS . 1 . This project is a proposal for the rezoning of 18+/ - acres of the lands of Paul A . Jacobs , such lands consisting of all of the Town of Ithaca Tax Parcel No . 6-33-2-2 containing 2 . 9 acres and being the site of the College View Park Mobile Hone Park , and a 15 . 1 +/ - acre portion of Tax Parcel No . 6-33-2-1 , such lands located at 136- 146 Seven Mile Drive , from Residence District R30 to Residence District R5 (Mobile Hone Park District ) and for expansion within this acreage of the existing mobile how park fron 24 to 54 units , such 54 units to include 5 doublewide units . 2 . This project is a Type I action for which the Town Board has been legislatively determined to act as Lead Agency , 3 . The Planning Board has reviewed this project at Public Hearings on April 1 , May 5 , May 20 , June 17 , 1986 (as adjourned from June 3 , 1986 ) , and July 8 , 1986 . 4 . The Town Board has reviewed this project and its accompanying maps and other documentation at public hearings on September 8 , 1986 and on October 20 , 1986 (as adjourned from September 8 and October 2 , 1986 ) * , Included in the maps and documentation were a revised site plan and detail sheet entitled "Addition to Collegeview Mobile Home Park - Paul Jacobs - Drawings 1 and 2 " , by William F . Albern , P . E . , dated June 18 , 1986 , showing revisions made in response to recommendations by the Planning Board on June 17 , 1986 and by the Tompkins County Health Department in a letter dated June 13 , 1986 ; a letter fron the applicant ' s engineer to the Tompkins County Health Department dated June 18 , 1986 , which responds to rcomnendations on utility and site design which were made by said Health Department ; and correspondence dated July 7 , 1986 , taken from the applicant ' s attorney in response to photographs taken of the site , and correspondence dated July 8 , 1986 in response to the requirements of Article II-A , Section 3D , Paragraph 2 , of the Town of Ithaca Zoning Ordinance . 59 A recommendation of a negative determination of environmental significance has been made by the Town Planner , and the Town Planning Board , contingent upon the implementation of mitigating • measures as set forth in drawings and documentation submitted for this project , and upon the adoption and implementation of the following conditions : ( a) That additional evergreens be planted to supplement an existing hedgerow on the south side of the property near an adjacent house , and along the east edges of Lots 35 , 36 , and 37 , and that such be shown on the site plan . (b ) That an approval by the Tompkins County Health Department of the design of proposed water and sewer systems be submitted Town Board Minutes 25 October 20 , 1900 prior to consideration of the final site plan by the Town of Ithaca Planning Board . ( c ) That a buffer zone 30 feet in depth from the right-of-way of Seven Mile Drive be established within one year of any rezoning . (d ) That the density of the existing Park be reduced from 24 to 22 mobile homes within one year of any rezoning . ( e) That the existing park driveway be resurfaced upon completion of Phase I of Park expansion or within two years of any rezoning , whichever is earlier . • ( f) That proper erosion control measures be practiced during project development . ( g) That the current owner submit an agreement in form and substance satisfactory to the Planning Board and the Town Attorney submitting the entire mobile home park ( including the existing mobile home park) to the conditions contained in this approval , to the conditions imposed by the Town Board in any approval of rezoning , and to the requirements of Article II A of the Town of Ithaca Zoning Ordinance or any successor statute , except that the lot sizes in the existing park may remain even if they are less than the size otherwise required by Article II-A . Such agreement shall be in a form permitting its recording in the Tompkins County Clerk ' s Office and it shall be recorded at the owner ' s expense within ten days of a final site plan approval . (h) That the owner provide an "as built " site plan of the existing mobile home park in form and substance satisfactory to the Planning Board showing the mobile homes , lots , utilities , roads , and other items reasonably required by the Board . Such plan shall be submitted before final site plan approval of the new lots . ( i ) That all refuse and debris , including especially any inorganic items (pipes , sheet metal , cans , etc . ) . be removed from the existing park and the planned new park , or stored only in closed garbage containers located as approved by the Planning Board , before any building permits are issued for the new park . ( j ) That the park (both existing and as planned) be kept free of refuse and debris as a condition to issuance each year of the operating permit , as well a a condition for the issuance of any future building permits . THEREFORE , IT IS RESOLVED That the Town of Ithaca Town Board make and hereby does make a negative determination of environmental significance for this project , contingent upon the adoption and implementation of certain mitigating measures as set forth in drawings and documentation submitted for this project , and referred to above , in conditions for final site plan approval , and in conditions for project implementation and operation . • (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . LOCAL LAW Motion by Councilman Cramer ; seconded by Councilwoman Howell , Town Board Minutes 26 October 20 , 198X9 A LOCAL LAW TO AMEND THE ZONING ORDINANCE By REZOINING A PORTION OF LAND AT 136- 146 SEVEN MILE DRIVE FROM R30 (RESIDENTIAL DISTRICT) TO R5 (MOBILE HOME PARK DISTRICT) The Zoning Ordinance of the Town of Ithaca as readopted , amended and revised effective February 26 , 1968 and subsequently amended , be further amended as follows : 1 . The zoning map dated July 1 , 1954 , as amended to date , is hereby further amended by rezoning the lands described on Schedule A incorporated into this local law from Residence District R30 to Residence District R5 (Mobile Home Park District) . • 2 . The area so rezoned is subject , in addition to the conditions set forth in Article II-A to the following additional conditions : ( a ) Additional evergreens be planted to supplement an existing hedgerow on the south side of the rezoned property near an adjacent house , and along the east edges of Lots 35 , 36 , and 37 , as shown on the general site plan submitted to the Town Board , and that such additional evergreens be shown on the final site plan to be submitted to the Town Planning Board . (b) An approval by the Tompkins County Health Department of the design of proposed water and sewer systems be submitted prior to consideration of the final site plan by the Town of Ithaca Planning Board . (c ) A buffer zone 30 feet in depth from the right-of-way of Seven Mile Drive be established within one year from the effective date of this local law . (d) The density of the present , non-conforming , existing mobile have park , be reduced from 24 to 22 mobile homes within one year fron the effective date of this local law . ( e ) The total number of mobile homes within the area being rezoned ( including the existing park and the planned expansion of same ) shall not exceed 54 . ( f) The existing park driveway be resurfaced upon conpletion of Phase I of the proposed mobile hone park expansion , or within two years of the effective date of this local law , whichever is earlier . (g) Proper erosion control measures be practiced during project development . (h) The owner of the area being rezoned enter into an agreement in form and substance satisfactory to the Town of Ithaca Planning Board and the Town Attorney submitting the entire area to be rezoned ( including the existing mobile have park ) to the conditions contained in this local law, and , to the extent not modified by this local law , to the requirements of Article II A of the Town of Ithaca Zoning Ordinance or any successor statute , with • such modifications applicable to the existing non-conforming park as the Town of Ithaca Planning Board may approve in approving the final site plan for the expanded park and including those modifications set for th in the resolution of the Town Planning Board relating to this project dated July 8 , 1986 . Such agreement shall be in a form as to permit its recording in the Tompkins County Clerk ' s Office and shall be recorded in such office at the owner ' s expense within ten days of final site plan approval by the Town Planning Board . Town Board Minutes 27 October 20 , 198)(6 ( i ) The owner of the rezoned area provide an "as built " site plan of the existing mobile home park in form and substance satisfactory to the Town of Ithaca Planning Board showing the mobile homes , lots , utilities , roads , and other items reasonably required by the Board . Such plan shall be submitted before final site plan approval of any new lots . ( j ) All refuse and debris , including especially any inorganic items (pipes , sheetmetal , cans , etc . ) , be removed from the existing park and the planned expansion of the park , or stored only in closed garbage containers located as approved by the Town of Ithaca Planning Board , before any building permits are issued for the new park . • (k) The mobile hone park (both existing and the planned expansion of same ) be kept free of refuse and debris . ( 1 ) If the operator of the mobile home park fails to comply with the requirements set forth in this local law , without limiting other remedies available to the Town of Ithaca , the Town may withhold an annual operating permit as well as any future building permits until the premises and the owner are in full compliance with the conditions set forth in this local law and the requirements of the Town of Ithaca Zoning Ordinance . (m) A final site plan containing such details and information as may be required by the Town of Ithaca Planning Board be submitted to and approved by such Board pursuant to Section 46-A of the Zoning Ordinance , as if this were the creation of a Special Land Use District , 39 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 . 4 . This law shall take effect 20 days after its adoption or upon the date it is filed in the Office of the Secretary of State of the State of New York , whichever is later . Supervisor Desch called for a roll call vote . Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Councilwoman Howell Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Nay Councilwoman Raffensperger Voting Nay Supervisor Desch Voting Aye The local law was thereupon declared duly defeated . ADJOURNMENT • The meeting was duly adjourned at 9 : 05 P .M . To "Clerk