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HomeMy WebLinkAboutTB Minutes 1972-04-10TOWN OP ITHACA tlEGOLAR BOARD MEETING ; April 10, 1972 - 5:00 p.m. At a regular meeting,of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town of Ithaca offices at I08 East (freen there were o" day of April, 1972, at 5:00 p.m., PRESENT: Walter J. Schwan, Supervisor Andrew W. McElwee, Councilman j Noel Desch, Councilman Victor Del Rosso, Councilman RbbeH N. Powers, Councilman ALSO PRESENT: Japies V. Buyoucos, Town Attorney David Wi Cowan, Zoning Officer Heynolds Metz, Assistant Zoning Officer Marion Morey, Highway Superintendent Peter K. Prancese, Planning Consultant MyS, Barbara Holcomb, Chairmah, Planning Board Donald Riker, West Ithaca Civic Association Paul Butler, Ithaca Public Schools Ev^ Monkemeyer Arthur L. Berkey Mrs, Beverly Livesay Robert I. Williamson^ Attorney Robert Burns, Park Displays, Inc. Edward W, King, Attorney Gary A* Randorf, Sierra Club Members of Radio, TV> and Press Supervisor Schwab called the meeting to order at 5s 10 p.m. i PUBLIC HEARING - DEEDING ROSEMARY LANE TO ITHACA CITY SCHOOL DISTRICT Mr. Paul Butler (Plant Manager), Ithaca City School District, pre sented map with reference to Rosemary Lane. During the discussion Attorney Buyoucos noted that since the Town of Ithaca did not actu ally have a deed to Rosemary Lane, it would be best for him to get together with the attorney for the Ithaca City School District and discuss the legalities involved. He stated that it might be neces sary to undertake abandonment proceedings. The Town Board expressed its willingness to turn Rosemary Lane over to the Ithaca City School District provided the proper procedures are followed and will leave that to be worked out between the Town Attorney and the attorney for the Ithaca City School District. The Board felt it important also to check out the ownership of the water lines and whether it will be necessary to have a conveyance of the right of way which allows the Town to come in and maintain the water pipes. No other persons wishing to be heard, and it having been noted that notice of the public hearing had been duly posted and published. Supervisor Schwan closed the hearing, and the following resolution was adopted: Motion by Supervisor Schwan; seconded by Councilmaji McElwee, RESOLVED, that when the proper procedures are worked out between the attorney for the Town of Ithaca and the attorney for the Ithaca City School District for the abandonment or deeding of Rosemary Lane to the Ithaca City School District, the Town Board will carry out all the said procedures, with the stipulation that if it is necessary for the Town of Ithaca to maintain the water main, this requirement will be incorporated and approved at the same time. Unanimously carried. - 2 - April 10, 1972 REPORTS BY TOWN OFFICIALS Peter Francese, Planning Consultant, reported that the Kennilworth Associates parking lot is criss-crossed with buried utility lines — water, sewer and gas. In addition they have telephone poles to con tend with which they would like to have moved. Further, the County intends to install some culverts, For these reasons Kennilworth would prefer to postpone the required planting strip until the construction work is completed. It appears the County is not enthusiastic about the planting strip, feeling that it will make for bad sight lines, Mr, Francese thought some consideration might be given to limiting the planting strip. It was the feeling of the Board that the planting should be postponed until the fall when the County will have completed its work. But the Board did not feel that the overhead power lines would have any effect at all since the plantings in any case will not be more than eight feet high. Mr, Francese reported on the Schickel proposal for a development near Honness Lane on land owned by Enos Pyle, Mr, Schickel*s proposal is for forty buildings containing four units each (condominium apartments) on a lb-acre tract> approximately 10 units per acre, A pUblic hearing has teen held on this matter, Mr. Francese reported that Eastern Heights, Inc. wants to build row housing or some other kind of housing in the Snyder Hill area, com prising between 150 and 200 units. This has been reviewed and a pub lic hearing has been heldi Decision on both these developments was postponed for two reasons; (1) no water is Available from the City of Ithaca for these develop ments and (2) an insufficient number of members of the Planning Board was present to make a decision, Mr, Francese also reported that Mat Associates wants to proceed with a 300 unit project as soon as the water situation is resolved. This is in the West King Road and Danby Road area, on the southwest corner. In addition, Mr. Francese indicated he had been approached by some people with respect to developments where the Wrisley property is (300 units), the Herman property, and the Leonardo property. All in all, Mr, Francese indicated that these proposals in their totality come to some 1,500 to 1,700 units of new housing for the Town of Ithaca, Almost all of these are apartments. The Planning Board is concerned as to whether the market can sustain this number of units, Mrs, Barbara Holcomb, Planning Board Chairman, said the Town of Ithaca is in a strange period. If a developer comes to the Town of Ithaca today and looks around and samples the market there appear to be essentially no apartments. What they do not know is the number of developments already approved and waiting for water. She felt it is the function of the Planning Board to inform a developer of the fact that there are certain number of projects which have been approved and are ready to go in a certain number of areas. Councilman McElwee suggested that the Planning Board should put out a fact sheet about the developments which are under consideration in the Town, Mrs, Holcomb and Mr, Francese agreed that this would be a good thing to do, Mr, Francese did indicate, however, that he advises all prospective developers what is already approved or under considera tion. Attorney Buyoucos asked whether the Planning Board is going to make a recommendation to the Town Board with respect to their judgment as to whether there are enough units or there are not enough housing units in the Town. Mrs. Holcomb stated that there will be a general recommendation for the town as a whole and a specific recommendation . for a particular area. Ji? - 3 - April 10, 1972 Mrs. Holcomb reported that the Pl&nning Board recommends a stop sign coming from the City of Ithaca on Mitchell Street at the Judd Palls Road intersection, Peter Prancese was requested by the Board to talk to Howard Stevenson to see if the County would have any objection to a stop sign at this location, Mrs. Holcomb reported that the Planning Board had completed the first round of informal public hearings with respect to the* proposed Zoning Ordinance; the Planning Board has had one working meeting at which they covered about half of the suggestions made; they will have at least one more ^rking meeting to cover the remainder of the sugges tions; then the^ will be a joint working meeting with the Town Board in May at which changes from the original plan will be proposed; after agreement with the Town Board the Planning Boai*d will have another round of public hearings; during July and August Peter Prancese will work with Attorney Buyoucos on the final wording and legalities; at the August meeting of the Town Board the Town Board will adopt a reso lution for a public hearing in September, Councilman Powers suggested that in all the foregoing meetings the Zoning Board of Appeals ought to be included because they are frequently required to come up with a decision based on the spirit of the ordinance and if they they don^t know why certain changes were made they will be unkble to come up with a proper decision. Mrs. Holcomb and the Town Board felt this was a good idea, Mrs. Holcomb announced that the County Planning Coalition had voted to request that two professional planners in the County other than those working for the county be asked to sit in on their meetings as ex-officio members. The Town Board supported this idea and asked Mr, Prancese to sit in on these meetings; The other professional planner would be Mr, Jonathan C, Meigs^ City Planner; WATER AI^ SEWER SURCHARGE - PUBLIc HEARING Proof of posting and publication having been presented. Supervisor Schwan opened the public hearing on the proposed water and sewer sur charge. No persons appearing for or against this proposal and it appearing that insufficient data was available at this time, the hearing was adjourned until a meeting of the Board on April 17, 1972. SIGN ORDINANCE (LOCAL LAW) - PUBLIC HEARING Proof of posting and publication having been presented. Supervisor Schwan opened the public hearing on the proposed local law regulating signs and sign boards. Edward W, King, Attorney, appearing on behalf of Kennilworth Associates, said he would like to see the hearing adjourned to a later date, but that he would, later in the meeting like to make a few comments with respect to the proposed sign law. Robert I, Williamson, Attorney, appearing on behalf of Park Outdoor Advertising, Inc., said he noted that the new ordinance still elimi- nates billboards. He felt this discriminated against the Park com pany and that with just a little change in the present ordinance as it now exists the Town could allow them to have billboards in business or commercial districts and that billboards could be made to fit into the proposed local law regulating signs and sign boards; that the Park company would be authorized to have billboards contingent upon coming to the Town for ^permit and the Town thereby would have super vision of the signs, Mr. Williamson said the Park company had billboards in the Town of Ithaca and said he felt the Park company should be allowed to continue to exist in the Town of Ithaca, He said they are willing to be regulated. He noted that the proposed ordinance (which had been distributed) did not indicate in Section 16 the number of years that the billboards could continue to exist as a non-conforming use. Supervisor Schwan said the Board had agreed upon three years. Attorney Williamson said he hoped the Town of Ithaca - 4 - April 10^ 1972 would adopt the 10~vear "grandfather" clause. Mr. Williamson said that he or Mr. Burns (representing Park Displays, Inc.) or any other representatives of the Park company are willing to meer with the Town Board, as indicated in their correspondence of March 17th and 24th, 1972, or with the Town Planning Board, to go over in detail any points with respect to the billboards. Mr. Robert Burns, appearing on behalf of Park Displays, Inc. Said that the Park company is a locally based company which purchased the billboards from the Andrews Estate about five years ago. He said they have 14 boards and want to continue in business in the Town of Ithaca. Some of the boards are on the Mecklenburg Road and some on the Danby Rpad. This comprises most of zne boaras. He reported that during the past year local businessmen have made a substantial invest ment in these boards. Some of these companies are Ripleys, First National Bank, Erie Miller, Cutting Mortors, and the Char Pit. Ithaca is the headquarters of the Park Outdoor Advertising Company which employes 65 people, many of whom live in Ithaca or frequently come to Ithaca on business. He said that with respect to community involve ment, Park Displays, Inc. performs & public service, donating free space to such organizations as the United Fund, the Heart Fund, Muscular Distrophy, Cancer Fund, American Dental Association, Red Cross, etc. He said the company stood to lose ^12.000 .per year in advertising income. He said the Park company did not feel the boards marred the countryside. Only two of the boards are illuminated and the rest of the boards are against embankments or hills or on places of business* Mr. Burns appealed to the Board to allow the Park com pany to continue in business in the Town of Ithaca* The Board thanked Mr. Williamson and Mr. Burns for their presentations. Edward W. King, Attorney, speaking on behalf of Kennilworth Associates, said he hoped the Town would make a further study of what is a reason able amortization period for recouping the costs of signs, and felt that proposed three-year period much more satisfactory than the one- year formerly proposed. Mr. King felt the proposal to prohibit any signs which extend over a rnof to be an arbitrary and unneces sarily restrictive provision. Mr. King then cited some specific sections which he questioned and Attorney Buyoucos and Mr. Francese said they would go into these in detail after the meeting. Mrs. Holcom said billboards have not been permitted in the Town of Ithaca since ^1954* They are not permitted under the present ordinance. They are non-conformlng usf^a and have been such for almost 20 years. She said Mr. Cowan had searched the records and had compiled a list of the signs existing at the time of the original ordinance and found that only five or six had permits. Somehow in the 20 year period the number of non-conforming billboards had increased to l4. Mrs. Beverly Livesay said she did not see that billboards served any real functign and that the same information couid be provided in some other wa^ As for having them in commercial areas only, she felt commercial areas get to be quite confused enough with so many signs and that when there are so many signs permitted it has the effect of one not being able to pick out the information on many of them. Nor did she feel they were desirable in agricultural area. She felt that billboards are a blot on the scenery. Mr. Gary A. Randorf of the Sierra Club said he felt billboards are a vestige of the past and would like to see them go as soon as possible. He cited that the State of Hawaii had not had billboards since I927 and since Hawaii lends itself to tourism and commercialism it did not appear that not having billboards had hurt that state. Mr. Randorf said he found billboards highly disagreeable and that if a company offered a good product they could rely on more sophisticated adver tising methods. He cited also that the State of Vermont is getting along well without billboards. He said he would like to see all bill boards come down and wished the prohibition could extend to the whole county. /•»f 5 -April 10, 1972 Attorney Williamson thanked the Board for allowing them to speak on behalf of the Park companies. Motion by Supervisor Schwan; seconded by Councilman Desch, RESOLVED, that the Public Hearing be adjourned to April 17, I972 at 7:30 pimi Unanimously carried. HIGHWAY AGREEMENTS Marion Morey, Town Highway Superintendent, presented proposed "Agree ment to Spend Town Highway Funds" as follows: 1. (ieneral Repairs (29.84 miles of Town highways) ... $ 23,300 2. Improvements: (a) Winthrop Drive leading to Christopher Lane, pave Brandywine, Simsbury, Christopher Lane and one-half Burleigh Drive (not to exceed) ... 12,000 (b) N.Y.S4 392 (Caldwell) leading to N.Y.S* 356 ^ Excavate old road and install 24" new gravel and surface (not to exceed) 5,000 (c) CR 174 (Snyder Hill to Town Line 3,000 Surface Hudson Street Extension 1,000 Surface Burns Road 3>000 Surface Sheffield Road «...•••••.••*. 1,200 Surface Drew Park 3,000 3. As required 7,000 The above proposed agreement for expenditures of Town Highway Funds was approved and signed by the Supervisor and Councilmen. SPEED LIMITS Supervisor Schwan read the following from the Town Planning Board in regard to speed limits in southeast Town of Ithaca: "Mr. Sam Slack moved that we proceed with a request for a lowering of the speed limit to 35 miles per hour within the area delineated by Routes 79 and 366, but not including Route 79 or Route 366, and from the Dryden Town line to the City of Ithaca line, with supporting evidence of accidents, deaths, new shopping centre, density, pedestrian traffic, bicycles, and four proposed multiple residence developments." "Motion seconded by Fred Scott. A discussion followed. Mr. Scannell repeated that he still feels that the Town as a whole is the best approach. A vote was taken and the motion passed by majority with Mr. Scannell abstain ing. 5-0-1." The Board noted the foregoing from the Planning Board. After some discussion as to whether the Town should attempt to get area speed limits or speed limits set for particular streets or roads, it was agreed that Peter Francese will check on the matter with Mr. Shub of the Department of Transportation. LIGHTS FOR ENTRY-INTERSECTIONS Boynton Jr. High School, DeWitt/BOCES Schools Supervisor Schwan read a letter from G. J. Messmer, Residential Representative of New York State Electric & Gas Corporation recommend ing for the Boynton Jr. High School one 20,000 lumen mercury light at each entry and exit and a total of two 20,000 lumen units for $150.00 per year increased costs; and for the DeWitt/BOCES Schools they recommend one 52,000 lumen mercury unit at the entry(s) inter section closest to Route 13 on Warren Road at an additional annual - 6 -April 10, 1972 n cost of $i42.00. They requested a letter of authorization to do this, They also asked for the Town*s recommendation for the Cornell Parking Lot entry intersection with Route 366. Motion by Councilman Desch; seconded by Councilman Powers, RESOLVED, that the Town of Ithaca provide the lights contingent upon the Ithaca City School District splitting the cost with the Town, Unanimously carried, VOTING MACHINES FOR ITHACA CITY SCHOOL DISTRICT Supervisor Schwan indicated that the Town Board had a request from the Ithaca City School District to provide two voting machines for the Cayuga Heights School and three for the Northeast School. Motion by Supervisor Schwan; seconded by Councilman Powers; RESOLVED, that the Town of Ithaca provide two machines for the Cayuga Heights School and three machines for the Northeast School to the Ithaca City School District with the understanding that the Town of Ithaca will bill the Ithaca City School District for the man hours involved in delivering and returning the machines, together with a reasonable rental for five voting machines. Unanimously carried. APPROVAL OP MINUTES Motion by Councilman Desch; seconded by Supervisor Schwan, RESOLVED, that the minutes of February l4, 21, 28 and Mdrch 13, 1972 be approved as presented. Motion by Councilman Powers; seconded by Supervisor Schwan, RESOLVED, that the resolution on page 2 of the minutes of March 20, 1972 with respect to Cornell University water and sewer assessment adjustments be amended to read that the penny charges on the follow ing Cornell University properties, where the University supplies water from its own treatment and filtration plant through its own system, shall be refunded: Parcel No. 63-1 ^ 63-1 63-1 63-1 63-1 63-1 63-1 68-1 68-1 68-1 68-1 68-1 68-1 68-1 68-1 68-1 68-1 68-1 -1 -2.2 -2.3"/ -3.1 -3.3 -8.1 •8.2 .8 - .9 ^ •10.1 ■10.2 ^ ■11.1 - ■11.2 - -12.1 " ■12.2 ■12.3 -13 "-15 ^ Water Refund $ 38.758.96 .46 2.01 1.81 .0537.62 .04 2.75•61 .20 .12 .39 .20 .30 .02 .06 .50 $ 94.85 Sewer Refund 8.96 .46 2.01 1.81 37.62 .04 2.75.61 .20 .12 .39 .20 .30 .02 .06 .50 94.85 Total Refund $ 77.50 17.92 .92 4.02 3.62 .10 75.24 .08 5.50 1.22 .40 .24 .78 .40 .60 .04 .12 1.00 $ 189.70 Unanimously carried- /y/ - 7 - April 10, 1972 APPROVAL OP WARRANTS Motion by Supervisor Schwan; seconded by Councilman Desch, RESOLVED, that the Warrants dated April 10, 1972, in the following amounts be approved: General Fund $ 30,796.60 Highway Fund i 4 , 6,942.00 Unanimously carried. APPOINTMENTS Supervisor Schwan indicated he had a letter from Attorney Armand L. Adams stating that the Environmental Management Council is short several members, one of whom would be a replacement for Robert Mann, as a representative of the Town of Ithaca. Mr. Adams said the Council had given some consideration to the recommendation of the appointment of Richard B. Fischer, Professor of Science Education (Nature Study), 135 Pine Tree Road. The name Hugh P. Travis, k Muriel Street, also came up in connection with the appointment. Supervisor Schwan said he would look into these recommendations and bring this matter up again at the April 17, 1972 meeting of the Boards Supervisor Schwan also had a letter dated March 29, 1972 from Mr. G. Robert Cutia, Youth Bureau Director of the City of Ithaca, indicating that the Town of Ithaca has one more vacancy on the Youth Bureau Board that has not been filled. Mr. Cutia indicated that a Mr, William Gauger of 104 Pine View Terrace has been suggested as a possible candidate for the position. It appeared that no one on the Board was acquainted with Mr. Gauger. Therefore, Supervisor Schwan said he would make some inquiries and report back to the Board. Motion by Supervisor Schwan; seconded by Councilman Del Rosso, RESOLVED, that the Town Board appoints Roger B. Sovocool to the Zoning Board of Appeals as of January 1, 1972 and continuing through December 31, 1976. Unanimously carried. INTERMUNICIPAL WATER SUPPLY Motion by Councilman Desch; seconded by Councilman Powers, WHEREAS, the Town of Ithaca is making plans with other munici palities to obtain a source of water supply from Cayuga Lake at or near Bolton Point and to construct a water supply system for the pur pose of transmitting water to users in the Town of Ithaca, Town of Lansing, Town of Dryden, the Village of Cayuga Heights, and any other municipality wishing to receive such water or otherwise participate in the project, and WHEREAS, it is proposed by the participating municipalities that the said project shall be constructed and financed on a joint basis with the costs being shared on an equitable basis by the respective municipalities participating as may be agreed upon between them, BE IT RESOLVED, that the Town Supervisor is hereby authorized to prepare and file an application with the Department of Environ mental Conservation of the State of New York either jointly with said other municipalities or in behalf of the Town and said other munici palities for the approval of the acquisition of said source of water supply and of the financial and engineering plans for the construc tion of said water supply system, and the Supervisor is authorized to obtain all necessary engineering and financial information from Lozier Engineers, Inc. and also to retain the services of others to obtiain all other information reasonably required in connection with said application and the Supervisor is authorized to take whatever steps may be necessary to file said application and cause the same to be processed. Unanimously carried. - 8 - April 10, 1972 LIGHTING COMPLAINT Supervisor Schwan stated he had a letter from Charles S. Levy of 312 Winthrop Drive, dated March 25, 1972, complaining of unshielded lights of the Latter Day Saints Church on Burleigh Drive in its park ing lots which light up his property. Mr. Levy suggested the remedy might be to shield these lights. After some discussion in which it appeared that there was no zoning ordinance violation since this is a residential area and that it was a private matter between the parties, the Town Clerk was instructed to write to Bishop Pingree indicating that the Town Board has received a complaint regarding their lights and, in particular, the lights were turned on again at 11:00 p.m. on Friday, March 25, and that while the Town does not feel that any ordinance is being violated it would appear that the property owner has a legal basis for a suit against the Church. The Town Board recommends that the Church of the Latter Day Saints install shields on their parking lot floodlights to reduce the illumination and glare that impinges on the surrounding property. ADJOURNMENT The meeting was adjourned at 7:20 p.m. until next Monday. April 17. 1972 at 7:30 p.m. . ' •J Edward L. Bergen Town Clerk