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HomeMy WebLinkAboutTB Minutes 1965-02-156 February 15, 1965 The regular meeting of the Town Board of the Town of Ithaca was held on Monday, February 15, 1965 in the Common Council Room, City Hall, 108 E. Green St., City of Ithaca, N.Y. at ^:00 P.M. Board members present were: Supervisor Wm. B. Kerr, Council- men Frank Bishop and Joseph Mayer. Also present were: Assessor R. J. Wells, Highway Sup't. Marlon Morey, Attorney Jam.es Buyoucos and persons Interested in the public hearings on the Ellis Hollow Road Sewer District and the rezoning of land along the Danby Road, APPROVAI OF MINUTES Supervisor Kerr offered the following resolution and moved its adoption: RESCLVFD, that the minutes of the December 31, 196^ meeting and the January 8, 1965 meeting be approved. Seconded by Councilman Bishop Ayes - Kerr, Bishop and Mayer Noes - 0 Carried APPOINTMFNTS Supervisor Kerr offered the following resolution and moved its adoption: RESOLVED, that Noel Desch of 132 Updike Road be appointed to the Town of Ithaca Planning Board for a term of six years; said term to expire December 31, 1970. Seconded by Councilman Mayer Ayes - Bishop, Kerr, Mayer Noes - 0 Carried Supervisor Kerr offered the following resolution and moved its adoption: RFSCTVED, that Joseph Mayer be appointed to serve with Supervisor Kerr and Assessor R.J. Wells on the Grievance Board for the year 1965. Seconded by Councilman Bishop Ayes - Kerr, Mayer, Bishop Noes - 0 Carried. TRAVFI. ALLOWANCE Councilman Mayer offered the following resolution and moved its adoption: RFSOLVFD, that a mile be allowed for use of cars on town business outside the town. Seconded by Councilman Bishop Ayes - Kerr, Bishop, Mayer Noes - 0 Carried REIMBURSEMENT - SPFCIAI DISTRICT TAX Councilman Bishop offered the following resolution and moved its adoption: WHERFAS, this board is informed that an error was made in the 196^ Assessment Roll for the South Hill W^ater District in the Town of Ithaca, namely: PARCEL 52-1-15, Assessed to Homer MacNamee was erroneously assessed at $17.50; whereas the same should have been the minimum charge of $12.50 because there is no frontage on the property, now THERFFORE, BE IT RESOLVED to reimburse Mr. MacNamee the sum of $5-00, Seconded by Councilman Mayer Ayes - Kerr, Mayer, Bishop Noes - 0 Carried n n n r n subject parcel to include one section 450 feet by 550 feet to be rezoned from residential to Business "C" and the balance of the tract to be rezoned from residential to multiple residence. The description is as follows: "Being all that tract or parcel of property shown as parcel 43-1-2, with exception, on the Tax Kaps of the Tov;n of Ithaca, filed in the office of said town, and being more particularly described as follows: Beginning at a point located approximately 1165 feet scaled northerly from the intersection of the c/l of the Danby Road and the c/l of the King Road Fast and proceeding easterly a distance of 1200 feet to 0 point scaled to a point and thence northerly approximately parallel to the c/l of the Danby Road, a distance of approximately 1200 feet to a point and thence westerly approximately 1157 feet scaled to a point in the c/l of Danby Road and thence southerly along the c/l of the Danby Road a distance of 125O feet scaled to the point or place of beginning, Subject parcel being bounded north, east and south by remaining lands of H. Konl^eyer and on the west by the Danby Road." Seconded by Councilman Bishop Ayes - FcElwee, Bishop, Kerr Noes - 0 Carried WARRANT Councilman Bishop offered the following resolution and moved its adoption: RFSOLVFD, that Highway Fund Bills !^385 through #399 and #1 through #28 in the amount of 1>5^60.00 be paid, and General Fund Bills #493 through ^502 and #1 through #40 (with the exception of #17) in the amount of $4386.65 be paid. (Bill #17 in the General Fund was for the rent of a Safety Deposit Box, which the Board feels is not now necessary with .the vault available in the new office) Seconded by Councilman KcElwee Ayes - Kerr, McElwee, Bishop Noes - 0 Carried. PARKING SPACE Assessor R. J. Wells asked and received permission to spend money from his budget to pay for a parking space in a city parking lot, if such space is available. FEBRUARY NESTING The regular meeting in February will be held on Monday February 15, since many of the Town Officials will be attending the Association of Towns meeting in New York City on February 8,9 and 10. Supervisor Kerr's monthly report was submitted and filed. The meeting was adjourned at 6:05 P.M. Evelyn S. Fuess, Town Clerk APPROVAL OF XINUTFS The minutes of Town Board meetings are mimeographed and mailed to each Town Board member, as well as to the Planning Board and Zoning Board members. U'hen the minutes of a meeting indicate that previous minutes have been approved it means that they are approved as mimeographed and mailed. The minutes as they appear in this minute book are copies of the mimeographed minutes. Evelyn S. Fuess Town Clerk having been duly heard, MOW, upon the evidence given upon such hearing, its is HFSOLV^D AMD DETERMINED: (a) That the notice of hearing was published and posted as required by law, and is otherwise sufficient. (b) That all property and property owners within the proposed district, ere benefited thereby, (c) Thet all the property and property owners benefited are included within the llinlts of the proposed district, (d) That it is in the public interest to establish such sewer district. FURTHER RFSCIVED AND DETFRNINFD that the establishment of 8 sewer district, as set forth in said map, plan and re port, be approved; that the improvement therein mentioned be constructed, and the necessary epsements and lands be acquired, upon the required funds being made available and provided for; and such district shall be known and designated as the Fills Hollow Sewer District in the Town of Ithaca, and shall be bounded and described as set forth in Schedule "A". The boundaries described are Intended to include all property within said boundaries, FURTHER RESOLVED that the proposed improvement, including construction costs, cost of acquisition of lands and easements, legal and engineering fees, and all other expenses, be financed by the Issuance of serial bonds of said Town to mature in such number of annual installments not exceeding 30, as may here after be determined by the Town Hoard of Ithaca, payable in the first instance from assessments levied on benefited real prop erty in said district; and it is FURTHER RFSOIVFD that this resolution is subject to a per missive referendum as provided in Section 209-e of the Town Law. Seconded by Councilman Bishop Ayes - Kerr, Bishop, Mayer Noes - 0 Carried. NOTE- SCHEDULE "A" IS TYPED ON PAGES # 3 and OF THIS MINUTE BOOK - Also IS ON FIIE IN THE CLERK'S OFFICE. HFSOIUTION AUTHORIZING SUPERVISOR TO APPLY TO AUDIT AND CONTROL WHEREAS, the Town Board of Ithaca has this day adopted a resolution pursuant to section 209-e of the ^own law approving the establishment of Ellis Hollow Road Sewer District, be it RESCTVED that the Supervisor be authorized and directed to make application to the Department of Audit and Control, pursuant to section 209-f of the Town Law, for permission to create said Sewer District. This resolution shall take effect Immediately, The adoption of the foregoing resolution was duly put to a vote, and upon roll call, the vote wps as follows: William B. Kerr, Supervisor voting aye Franklin C. Bishop, Councilman voting aye Joseph N, Mayer, Councilman voting aye. The resolution was thereupon declared duly adopted, PUBLIC HEARING - REZCNIMG ALONG DANBY ROAD A public hearing was held at 5-00 P.M. for the purpose of hearing all persons interested in the rezoning of a 29 acre tract along the Danby Road south of Ithaca College. An exact description of the property to be rezoning is typed on Page 5 of" this minute book. Proof of publication and posting were pre sented . Mr. Burns, representing the owner ?^r. Jack Herman requests the rezoning of a parcel of land which would permit the construction of a motel and single and multiple housing in the area, Mr. Burns shewed the olan of the area and stated that the plans had been referred to the Town of Ithaca Planning Board, The Planning Board had been generally in favor of the plan and had requested that more detailed plans be resubmitted as each part progressed. Also at a meeting of the Town of Ithaca Zoning Board, the recommendation was made that a oortion of land 1000 feet deep, extending along the east side of the Danby Road from the south boundary of Ithaca College southerly to the King Road, be rezoned from residential to business by the Town Board. 10 Kerr was asked what happened at the meeting of the developers and area representatives on Friday previous to this meeting. Fr. Kerr replied that there were representatives from Ithaca College and residents of the area Interested present at the meeting. The opinion of Ithaca College expressed at this meeting was that they were not opposed to the motel nor to the housing, hut that they were very Interested In the quality and type of construction. Fr. Gostanien asked where the Idea of rezonlng to allow a collegetown type development originated? i^r. Wells replied that at the meeting of the Zoning Board of Appeals the Idea was ex pressed that It might be plausible to rezone an area 1000 feet deep along the Danby Road that would allow for this type of development. Fr. Kerr said the Town Is Interested In Increasing Its tax base, but the town has an obligation to the people of the area. This purpose Is defeated If a development Is detrimental. Fr. Burns In explaining the development of overall plans of the area said a study would be made after rezonlng to determine whether or not It Is feasible to build a motel In the area. Fr. Gostanlan asked why not do the study first? He also asked whether or not water and sewer facilities would be extended? In answer to the question as to what control the town would have on the type of building to be done in the rezoned area, Fr. Wells replied that the Planning Board reviews plans for each area and has final say and jurisdiction as to what might go In there. Attorney Hires appeared. Frs. Layton said that she thought the zoning ordinance had been drawn up to protect the people Fr, Wells replied that the Zoning Ordinance was made to change If the need exists. Fr, Kerr asked Fr. Nines representing the developer why the research wasn't done first regarding the advisability of con structing a motel. Fr. Light (Ithaca College) said that from the meeting on Friday, he had assumed that the construction of a motel, rest aurant and bar had been definitely decided. Fr. Nines said that the financial backing of Fr. Herman was excellent and that they expected to ask some National chain to consider erecting a motel. Fr. Light, speaking for Ithaca College said the College was In favor of a high class development and would not oppose a motel, restaurant and bar on the site In question. Fr. David Saperstone, President of the Ithaca Hotel Corp. spoke In opposition to the plan. He stated that he felt there was need for garden-type housing, but hadn't rem.embered hearing that the rezonlng would be for not only housing, but a motel and hl-rlse apartment type living quarters. He said the plan 88 presented was only a sketch. He felt no economic study has been made for a restaurant, motel or bar room, and felt that this should have been done. He stated that there are only about 10 days a year that more hotel space Is needed. For economic reasons he felt you can't build on every hill surrounding the city, Fr. Saperstone presented a report Issued In cooperation with the N.'v. State Hotel and Fotel Ass'n. which stated that the Flngerlakes area rented only 51 of Its rooms In 196^, and was the second lowest area In the state In occupancy. He stated that he was not opposed to more medium priced housing. In fact, he felt housing was needed, but felt that Fr. Herman should lend his efforts to aid in building on Hotel Ithaca's corner In the city, and stated that they would step aside for anyone desiring to build on that site an adequate function needed for a civic center combined with hotel facilities, Mr, Light stated that he felt the Issue was one of rezonlng. The College is opposed to a College-town type development, but is In favor of a quality motel. The Issue to be decided at this meeting Is whether the land Is to be left the same or Improved. The college exoects 3500 students by 19^7 and does not object to any growth that will benefit the college. n D n ACCEPTANCE OF LAND FOR PARK The Supervisor sipned for the Town of Ithsca, a license from Cornell University giving' permission to use a parcel of land in the southeast corner of the former Heasley property, being ,just north of the north end of Tareyton Road and west of V/inston Drive, for a park. Supervisor Kerr expressed the gratitude of the board and the townspeople for Cornell's kind ness and generosity, WARRANT Supervisor Kerr offered the following resolution and moved its adoption: RESOLVED, that Bills #29 through #75 in the Highway Fund, totaling ^8,602.,6^ and Bills #4l through #88 in the General Fund, excluding Bill #51 to American Air Survey for the amount of $1^10.68, and totaling ■'115)^99.63, be paid. Bill #51 was ex cluded because it was felt that more time should be allowed to check the tax maps before paying the bill. Seconded by Councilman Mayer Ayes - Bishop, Kerr, Mayer Noes - 0 Carried GRFYHOUND IIMF5. IMC, The Greyhound Bus Co. has asked permission to operate a bus from Ithaca to the thruway over Rt. 96 in the Town. The Board authorized the Clerk to certify that the Town of Ithaca has not passed a resolution under the Transportations Corp orations Law, Sect. 6? providing that provisions of Section 66 applies to the Town of Ithaca. PUBLIC HEARINGS - EXCAVATIONS & SANITARY SEWER ORDINANCES Supervisor Kerr offered the following resolution and moved its adoption: RESOLVED, that a Public Hearing be held on March 8, 1965at ^:30 P.M. in the ^'own Office, 108 East Green St., for the purpose of hearing all persons Interested in an ordinance to regulate excavations under highways. Seconded by Councilman Bishop Ayes - Kerr, Bishop and Mayer Noes - 0 Carried Supervisor Kerr offered the following resolution and moved its adoption: RESOLVED, that a Public Hearing be held at P.M.: on March 8, 1965, in the Town Office, 108 E. Green St., for the purpose of hearing all persons interested in a Sanitary Sewer Ordinance. Seconded by Councilman Mayer Ayes - Kerr, Mayer and Bishop Noes - 0 Carried. PUBLIC HEARING - ELLIS HOLLOW ROAD SEWER DISTRICT A public hearing was held at ^:30 P.M. to hear all persons interested in the formation of the Ellis Hollow Road Sewer District. Proof of publication and posting were presented. Mr. James Dunlap of Lozier's Inc. was present to explain the plans, map and costs of the district. About 1^ residents of the area were also present. Mr. Ideman asked where pipes would be laid and Mr. Dunlap replied that the sewer laterals would be brought to the property owner's line. He estimated the cost of the district at $90,000., including a $15,000 rock contingency. The first year unit cost, depending on the rate of interest would run from approximately $65. to $62. per year. Mr. Dunlap then explained the system of assessments and unit charges. Mr. Ideman asked if this method of assessment is the one commonly used. Mr. Dunlap answered that this is one method of assessment used in many locations and seems to establish an equitable ratio. Mr. Ideman asked if price would change is acreage is developed. Mr. Kerr responded that theoretically the price would go down. Experience in the town shows that the price actually does go down. This area has acreage to be developed and as it develops everyone n should benefit. The question was asked concerning- a unit - is a unit a sing-le house? The answer was that a house is a unit - if it contains an apartment that would be an additional unit, Kr. Kerr explained that in some of the districts a primary unit is charged one price and a secondary unit might be less. The district would have to pick the combination that would be fairest to all, Krs. Booker asked how many years it would take to pay off the bond issue? '^r. Kerr replied JO years. He then explained that the cost would be threefold: 1) Construction 2) Use charge (the fee paid to City for taking Sewerage) 3) Individual charge for extending laterals to the owner's house. The question was asked concerning the houses at the end of Clover Lane. The answer was that Kr. Longest would probably be served by contracting with the sewer district now being formed by Kr. Prince. Attorney Bryant representing the Artificial Breeders Ass'n. asked for an explanation of the commercial unit cost. Mr. Dunlap replied that that charge is usually based on water consumption. In answer to the question of who would handle district fees and collections, Mr. Kerr replied that the charge is included in the Town and County tax bill each year. Mr, W. Barnes asked if the line would extend to his property, Mr. Dunlap replied that Mr. Barnes property is included in the district and the line would be extended to his property and that he could extend it to his house. Mrs. Booker asked a question concerning the water pressure in the area and Mr. Barnes, Jr. asked if the water lines could be extended at the same time as the sewer lines are laid. Mr, Ideman said that the water pressure at his place and at the Artificial Breeders is low. The water there comes from the City of Ithaca tank off Dryden Rd, He asked if that tank and the one in the Fast State St, Ext. Water District could be connected. Mr. Kerr said this possibility had been under study and would take about 25C0 ft, of line at an estimated cost of ^15,000- to complete. Moone spoke in opposition to the formation of the district. Everyone desiring to be heard having been heard Mr. Kerr declared the hearing closed. Supervisor Kerr offered the following resolution and moved its adoption: WHEREAS, a map, plan and report relating to the establish ment of the proposed Ellis Hollow Road Sewer District, prepared by Lozier, Engineers, Inc., a competent engineer, duly licensed by the State of New York, in manner and in such detail as has been determined by the Town Board of Ithaca, has been duly filed with the Town Clerk of Ithaca, in accordance with the require ments of Article 12-A of the Town Law, and WHEREAS, an order was duly adopted by the Town Board of Ithaca on the 8th day of January, 1965, reciting the filing of said map, plan and report, the improvements proposed, the boundaries of the proposed district, the estimated expense thereof , the proposed method of financing, the fact that the map, plan and report describing the same, are on file in the Town Clerk's Office for public inspection, and stating all other matters required by law to be stated, and specifying the 15th day of February, 1965 ' at 4:30 o'clock PM on that day, as the time, and the City Council Room of the City Hall at 108 E. Green Street in the City of Ithaca New York, as the place where the said Town Board would meet to consider said map, plan and report, and to hear all persons in terested in the subject thereof concerning the same, and to take such action thereon as is required or authorized by law, and WHEREAS, such order was duly published and posted as re quired by law, and WHEREAS, a hearing on said matter was duly held by said Town Board on this 15th day of February, 1965, beginning at 4:30 P.M. of the day, at the City Council Room of the City Hall at 108 E, Green Street in the City of Ithaca, New York, and full discussion of the matter having been had, and all persons desiring to be heard, • n n 11 !^r. Payne asked if sewer and water facilities would be ex tended. yr. Kerr replied that a study of the extension of water and sewer had been started before the motel idea ever came up. The Health Dep't, would not permit a building such as a motel to be constructed without sewer and water extension. Mr. Saperstone stated that as a community we should not develop what isn't good for the city. Kr. Lee Wilkinson stated that 10 years ago there was no Itheca College, no National Cash and no Sam Peter Appliance Center in the south hill area, but that the addition of each of those had not detracted from the area and that he felt a motel would not detract either, Nr. Light said that he had asked Nr. Herbert Nonkemeyer and Nr. Fonkeraeyer said his desires and wishes were like those of Ithaca College. He was interested in quality going there. Fr. Gostanian said traffic would get worse and he feels there is no need for a motel in the area. Since all had been heard that desired to be heard, the hearing was closed. Suoervisor Kerr offered the following resolution and moved its adoption: WHFRFAS, I am generally in favor of this rezonlng in principle, I have reservations as to the quality of the project and there fore, I propose that the discussion be tabled until next meeting to give us more time to contact the owner to obtain more detailed information as to the quality of construction. Seconded by Councilman Kayer Ayes - Kerr, Fayer, Bishop Noes - 0 Carried The meeting was adjourned at 6:30 P.F. Evelyn S. Fuess, Town Clerk