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HomeMy WebLinkAboutTB Minutes 1972-08-07'71 Down op ithaca , REGULAR BOARD MEETING August 7, 1972 At a regular meeting of the Town Board of the . Town of Ithaca, Tompkins County, New York, held at the Town of Ithaca dffices at 108 East Green Street, Ithaca, New York, on the 7th day of August, 1972, at 5:00 p.m. there were PRESENT: Walter J, Schwan, Supervisor Andrew N.. McElwee, Cpvincilman Noel f)esch, CouncilniAh "Victor fiel Rosso, CbUrlciiman Robert Ni Powers i tJouricliman ALSO PRESENT: ^ames V* Buyoucos^ Town Attorney bavid W* Cowan, ^ohing Officer Reynblde Metz, Ae^istant Zoning Officer Mrs 4 Barbara Holdbmb, Chairman, Planning Board Beter K. Pfancesd^ Planning Consultant Mariori Mprey, fii^way Superintendent Mrs* Nancy Hewett^ Slaterville Boad deromS Messmer^ NYS Electric & Gas Co. Sandra Gittelmani Tudor Road Mrs. George Pisk, Park Lane Mrs, Beverley Livesay Arthur L. Berkey Ben Boynton, Groff Associates Members of Radio, TV, and Press Supervisor Schwan called the meeting to order at 5510 p.m* INTERSECTION LIGHTS (UNDERGROUND WIRING) Mr. Messmer, N. Y. State Electric & Gas Corporation, appeared, at the request of the Town Board, to discuss underground wiring, this matter arising out of a Public Service Commission ruling that in all sub divisions where four or more dwelling units are built, underground wiring would be required beginning June 28, 1972. The law went into effect December 28, 1971. Mr. Messmer outlined various types of materials, poles, brackets, fixtures, etc, which could be used, and his company costs, and the v various types of contracts and options available, depending, among other things, on who would own the fixtures, the Town or the company. The Town would pay 15^ of the company's cost annually. In the Eastern Heights development estimated figures are as follows: Charlene and Tudor , , , $ 150.OO per year Eastern Heights Drive and Charlene 150.OO per year Eastern Heights Drive and Skyvue ^ 130,00 per year Mr, Messmer also quoted a price of $7.00 per foot installed for primary run underground wiring, (The Town pays 155^ of that times the number of feet, per year,) It was pointed out by several Board members that we are trying to establish a policy for the whole Town and not merely Eastern Heights, since this question may come up in various parts of the Town; that standards that the Town can afford should be established, and should a developer wish or require more sophisticated or esthetic equipment, it would be the responsibility of the developer to pay for the differ ence in cost above the Town standard cost. The Board considered that the Planning Board might be the vehicle by which an in-depth investigation of the various options open to the Town might be researched, Barbara Holcomb, Chairman of the Planning Board, indicated that although the Planning Board was not unwilling to take on this responsibility, under present arrangements it did not appear feasible either physically or time-wise. Councilman Desch thought the matter was one that ideally could be handled by Peter - 2 - ' August 7, 1972 Prancese. Planning Consultant, Mrs, Holcomb suggested that this was not the only project Mr, Prancese had under way. Attorney Buyoucos did not feel this matter was a function of tfte Planning Board, In the course of the discussion it developed.that it mi^t be possible to use a wooden telephone pole (pine), a 50 foot Class 6 Tenta Pres sure treated pole which might well be more bdohomical than any of the options which had been discussed* Pending 4 fepprt from Mr, Messmer ^ on this type of equipment, any possible inqtiiry by Mr, Prancese and/or 1 i the Planning Board was held in abeyance. Supervisor Schwan thanked Mr. MeSsmer for his help* APPROVAL OP MINUTES Motion by Councilman Desch; secbnded by Couricilindn Del Rosso, RESOLVED, that the minutes of the regular meeting of July 10^ 1972 be approved as presented. Unanimously carried. In connection with the minutes of July 10, 1972 (page 1) regarding the information Mr. MacNeil was going to,get from Mf* Stevenson on recommendations with regard to Sjjeed limits and the material Mr, Stevenson is preparing^ Councilman Dpi ,kdSsp suggested ihat this should be followed Up since we haVe had rib ihformation to date. DESIGNATION OP TOt^lf OPkltJlAt TO RkCklVE FUNDS IN CONNECTION WITH ^OQD DAMAGE Motion by Councilman Desch; seconded by Councilman Powers; RESOLVED, that Supervisor Walter J, Schwan be designated to receive on behalf of the Town of Ithaca monies allocated for the purpose of repairing damages in the Town of Ithaca resulting from the recent ^ floods. Unanimously carried. Highway Superintendent Marion Morey estimated that there had been damage in the Town of Ithaca to the extent of approximately $6,000 to $7,000. REVISION OP AGREEMENT TO SPEND TOWN HIGHWAY FUNDS Motion by Supervisor Schwan; seconded by Councilman Powers, RESOLVED, that agreement dated April 10, 1972 with regard to highway expenditures be revised as follows: 1, General repairs. The sum of $23,300 may be expended for general repairs upon 29.84 miles of Town highways, including sluices, culverts and bridges having a span of less than five feet and boardwalks or the renewals thereof, 2, Improvements, (a) Delete Caldwell Road and Burns Road, not over $8,000.00 to be expended, (b) Add Coy Glen Road N.Y.S. 13A to Elm Street a distance of ,72 miles, not over $3,500.00 to be expended, using old blacktop, traveled sur face 18 ft., 2 inch thickness, (c) Add Sandbank Road, Buttermilk Palls to King Road East, a distance of 1.97 miles, not over $4,500.00 to be expended; repair flood damage. Sandbank, Updike, and Remington Roads, Unanimously carried. PLANNING BOARD CHAIRMAN'S ATTENDANCE AT STATE PLANNING MEETINGS Barbara Ho1comb, Planning Board Chairman, read motion made at the July 25, 1972 meeting of the Planning Board recommending to the Town Board that money be made available for the Planning Board Chairman to attend State planning meetings. The Town Board looked with favor on this but formal resolution was held in abeyance pending Mrs. Hol- comb advising Board of the time and place of such meeting or meetings. 3 August 7, 1972 BEACON HILLS Barbara Holcomb, Chairman of the Planning Board read the recommenda- Planning Board with respect to Beacon Hills« She saidthe Planning Board recommends at this time the rezonihg of 162 acres from R-30 to R-15 cluster^ This recommendation is the result of four meetings, including a legally advertised Public Hearing. It represents a great deal of compromise on the part of thb developer and the Plannirf Board. There were five mfembefs of the Planning Board present and this was a unanimous motioh. ThS motion made at S Special Meeting of the Town of Ithaca Planning Board on August 1, 1972 follows here below: "A MOTION was made by ftobert ChristianSon, arid seconded by Maurice Harris, that the following reboiutioh be made by the Planning Board to the Town Board: Recognizing the Unique op|iortunity affo^ddd the Town of Ithaca through the pro^bsed I90 acre Beacon Hills development^ we approve in concept and recommend that the Town Board consider and approve through proper public hearing the rezontng of the Beacon Hills property as follows: The Planriihg BoArd recommends that the Town Board rezone from R-3C to R-15 clUster 162 acres as herein described* Beginning at a point in the intersection of the north right- of-way line of King Road and the West right-of-Way line of Troy Road, thence westerly along the north right-of-way line of King Road to the west property line of land owned by Schuylkill Investors: thence northerly 74® feet, easterly 125 feet, northerly 480 feet and westerly 532 feet along property lines between lands owned by Schuylkill Investors, Inc. and Cornell University; thence n6926» E 635 feet to a point on the northwest corner of property owned by Schuylkill ^ Inc.; thehce S83°49' E 743 feet to a point; thence S6® 27' W 30.§ feet tg^a paint; thence S83"7» E 1530 feet to a point; thence So 17' W 588 feet along the property line between lands owned by Schuylkill IhVeStors, Inc. and P. N. Rprnbrook to a point; thence in a southeasterly direction 1358 feet to a point in the west right-of-way line of Troy Road and 786 feet south of the northeast corner of Schuylkill Investors * property; thence southerly 1465 feet along the west right-of-way line of Troy Road to the point of beginning. Included in this R-15 area there would be 5® clusters of dwel^i ling units, not to exceed 567 units, with individual clustc^rs containing bstween 8 and 15 units each. This area would also include a six hold golf course and putting green, a club house, a swimming pool, and up to two tennis courts as shown on the preliminary site plan for Beacon Hills dated August 1, 1972, by Handler and Grosso, Architects, which is on file in the Town Office. Tt is undc^stobd: that all open space (with the exception of the loop road as shown on the site plan which will become a tbwh rodd) will be owhed, maintained, and hal^e its use con trol led by a homeowners * as spciatton made up of all. residents of the Bpacon Hills subdivision, or another type of managSmeht orgahization to be specifiSd by the developer* It would jbc further assumed that if such an organlzatiQn fails to adequately malhtain the area, the Town shall reserve the right to lety a special use Mstrict tax on the residents of the Beacon Hills development tot the maihtenanee of this area. It is further understood that the developers will preserve all existing trees possible and that every effort will be made to transplant those trees that must be moved to another site in the development. Additional landscaping and plantings should be provided and active recreational space for children will also be provided. - - August 7, 1972 It is understood that membership in the country club will be available to residents outside the immediate Beacon Hills com munity on an annual membership basis. It has been further recommended by the Planning Board that parking spaces shall in no case be less than 1,5 pei* unit and that 1,8 is recommended. No final approval for rezoning will be given until an accept able drainage plan is presented. The developer fully understands the restrictions that the Town presently has in the Ability to grant water taps. The developers are hoping for permission to use 50 of the water taps presently available in the Town*s allocation. The developer understands that in the allocation of Water taps, priority will be given to already existing dwellihg units within the Town, The Planning Board looks With favor upon the rezoning of two parcels of land herein deisdribed from R-30 to multiple resi dence. Beginning at a point in the southeast property corner of P, W, Hornbrook, the northeast property dorner of Schuylkill Investors, Inc., and the west right-of-way line of Troy Road; thence southerly 786 feet along the west right-of-way of Troy Road; thence northwesterly 135o feet to a point in the south west property cofner of P. W. Hornbrook; thence 1112,5 feet along the property line between lands owned by P. W, Hornbrook and Schuylkill Investors, Inc. to the point of beginning. Said parcel containing 10 acres, more or less, ALSO, a second parcel described as follows: Beginning at a point located 7^0 feet south of the center line of King Road and on the west property line of land owned by Schuylkill Investors, Inc.; thence easterly to a point located at a 10 inch round concrete post; thence S5 35* N 723 feet along a hedgerow to the southeast corner; thence N 83 11' W 421 feet along a fence and hedgerow to a point in the south west corner of Schuylkill Investors, Inc. parcel; thence N 6 - 17* E 724 feet to the point of beginning, Said parcel containing 8 acres, more or less. The Planning Board will recommend to the Town Board that the property described above be rezoned from R-30 to multiple residence when an acceptable site plan is presented. The density in these two parcels shall not exceed 11 units per gross acre or a total of 198 units. The acreage of the two parcels is 18 acres. The Planning Board looks with favor upon the rezoning of a ten acre parcel herein described from R-30 to Business District B, Beginning at a point in the south right-of-way line of King Road, the northwest property corner of parcel of land owned by Schuylkill Investors, Inc.; thence S 54 27* E along King Road right-of-way to a point which is the intersection of the south right-of-way line of King Road and the south property line of the parcel; thence N 85 50' W to a point located at a 10 inch round concrete post; thence westerly to a point on the west property line and 740 feet south of center line of King Road; thence n6°17* E along property line to the point of beginning Said parcel containing 10 acres, more or less. - 5 - August 75 1972 Rezoning from R-30 to Business B will be recommended for the above described property wjjien an acceptable site plan is presented, with the following understandings; (a) That the total commercial building area shall not exceed 35,000 sq. ftij of which 25,000 sq. ft. will be in retail stores Arid 10^600 sq, ft. in office space. •i (b) That construction ofi thd bbinmercial buildings will be started after the^first phase of cluster housing is completed or ih i^hasd tti (c) That after the entird development is completed, the Planning Board miy be further petitioned to consider broader rezoning of the business area to meet the community's needsi It is understood that the developers have indicated that the Planning Board may be further petitioned to consider broader rezoning of the business area to include businesses such as a restaurant or motel. The developer has agreed that they will present written assurances from the proper county authorities that a pedestrian underpass can be constructed under King Road East which is a county road. It is also understood that if the commercial development is not expanded beyond the 35,000 sq. ft. limit, that the Planning pN Board will recommend rezoning of this area to residential use. It has been agreed that Phase I of Beacon Hills development shall include 20 clusters of 226 units, a pond, country club building and related facilities, and one hole and putting green of the golf course. Phase II shall include 35,000 sq. ft. of commercial development, 17 clusters of 192 units, and three holes of the golf course. Phase III shall include 13 clusters of 1^9 units, the apartments of 198 units, and the final two holes of the golf course. It is understood that the loop road will become a Town road and meet all Town specifications and that all interior roads shown will be owned and maintained by the Beacon Hills de velopers or homeowners' association. The MOTION was unanimously approved. " * * * The Board was concerned about the ambiguity involved in tree removal and retention in this development. It was the opinion of the Town Attorney, concurred in by the Board, that there must be some rather clear indications as to which trees will be removed and which trees- will be retained, rather than relying on the genera,! sta-tement con- tained in the Planning Board's recommendation, to wit: "It is further j understood that the developers will preserve all existing trees possible ; and that every effort will be made to transplant those trees that must be moved to another site in the development." Barbara Holcomb, Chair man of the Planning Board, said it was the intention of the Planning Board that that area not be bull-dozed and then houses built. The clusters should be built in the woods and those trees which must be moved be transplanted to another portion of the subdivision. The Board strongly felt that if the trees were not indicated very clearly and what would be done with them indicated they would simply be cleared. The Board insisted that the trees must be pinned down specifically on the plan. With regard to the drainage maintenance, the Town Attorney asked who would be responsible for this. Mrs. Holcomb said the homeowners' association. - 6 -August 7, 1972 Motion by Supervisor Schwan; seconded by Councilman Powers, RESOLVED, that the Town Board of the Town of Ithaca shall hold a public hearing on the 28th day of August 1972 at 7:30 p.m. for the purpose of considering the Beacon Hills rezoning as recommended by the Town of Ithaca Planning Board. Unanimously carried. « approval of warrants Motion by Councilirian Desch; seconded by Supervisor Schwan, RESOLVED, that the Warrants dated August 7, 1972, in the following amounts, be approved: General Fund $ 9,497.11 Highway Fund $ 6,215.01 Unanimously carried. DRAINAGE SLATERVILLE ROAD AREA Nancy Hewett, 1518 Slaterville Road, appeared before the Board to ask what concrete steps the Board had taken since a year ago to alleviate the run-off and other water problems in the Slaterville Road area. She spoke of the expenses and trouble she and her neigh bors have had because of the unresolved drainage problems in the area. She was inclined to believe that the bulldozing and moving around of earth in the Eastern Heights subdivision was the source of their troubles, and said the Town should look into the matter of whether the developers had lived up to the promises and plans they made when their subdivision was approved. Further, that this development should serve as a lesson that developers should be strictly regulated in these matters. Mrs. Hewett said she and her neighbors would provide documentation of their problems in the area. The Town Board said they would walk the area and study the situation; and would also talk to the developers and the engineers at Eastern Heights to see whether they had lived up to the plans submitted when the subdivision was approved. Mr. Buyoucos, Town Attorney, advised Mrs, Hewett that she should be aware that it is possible the Town is not legally responsible for the drainage problems unless it (the Town) is causing surface water to accumulate on somebody else^s property. However, Mr. Buyoucos felt, with the Town Board, that the Town should do whatever it reasonably could to alleviate the situa tion. Supervisor Schwan said he and the Board agreed wholeheartedly with Mrs, Hewett that something had to be done, and that he would report back to her after the Board had walked the area, and talked with the Eastern Heights developers. They set Tuesday, August 8, at 5:00 p.m. to walk the area, together with Peter Francese, Planning Consultant, Marion Morey, Highway Superintendent, and Robert Sexsmith, a member of a committee studying drainage problems in Eastern Heights. FRANCIAMQNE MATTER Zoning Officer Cowan reported he had inspected the Franciamone property on Ridgecrest Road as per the request of the Town Attorney. ^ The front building, the major living quarters, have been reconstruc ted exactly as the initial application for a building permit stated. —r However, the J^dge suggested it be inspected and it was inspected on August 79 1972. As far as the Zoning Officer is concerned the struc ture, as it exists, complies with the basic Zoning Ordinance of the Town of Ithaca. The occupancy, however, does not conform. The acces sory building in the rear remains as living quarters and is occupied still, under leases. Mr, Franciamone says he will no longer be liv ing on the premises, A request for a sewer connection will not be issued so long as the premises remain non-conforming. /i^ - 7 - August 7, 1972 VINAY AMBEGAOKAR - SUGAR BUSH LANE Zoning Officer Cowan rejiorted that Mr. Ambegaokar, 5 Sugar Bush Lane, has a property at the end of Sugar Bush Lane which is off a turn- ^ around. His home is considerably below the grade of this turn-around. It is not feasible forlhim to have a driveway and garage. He has re quested a build:J.ng permit for a carport on the grade of the turn around. Mr. Cowan felt that the only feasible thing for Mr. Ambe- gaokar is to have a cSrpprt. This could be 5 feet from the circum ference of the turnaround (legally), on assurance from Hi^way Super intendent Morey that this would meet his requirements, Mr. Cowan stated he would issue a building permit to Mr. Ambegaokar. The Board con curred. REQUEST FOR REkJHD OF TAXES - CHARLES FOOTS This matter was tabled until more information could be obtained. AMENDMENT 'iO ^jBWER SURCHARGE ORDINANCE Motion by Supervisor Schv«an; seconded by Councilman McElwee, RESOLVED, that the ToWn Board of the Town of Ithaca hold a public hearing on September 11, 1972 at 6:00 p.m. to consider the advisa bility of amending the sewer ordinance adopted on July 10, 1972, as follows: Paragraph (A) (2) (b) (1) is amended by adding another Paragraph (2) thereunder, as follows: "(2) In making an equitable determination as to the amount of the sewer surcharge in those cases where the property is not connec ted to water, the Town Board o^ the Town Supervisor or such other person to whom this function is delegated shall be guided by such standards as may be established from time to time by the Town Board by resolution, regulation, law or ordinance," TOWN ROADS - EASTERN HEIGHTS DRIVE AND SKYVUE ROAD Motion by Supervisor Schwan; seconded by Councilman McElwee, RESOLVED, that the acceptance of portions of Eastern Heights Road and Skyvue Roads in the Eastern Heights Subdivision as Town roads be postponed. Unanimously carried. In connection with the acceptance of Town roads in general. Attorney Buyoucos stated that a number of years ago he had set out a proposal as to how Town roads are accepted, (He suggested that these pro cedures be reviewed and a copy of same sent to all local attorneys.) He said no deed or letter in regard to the acceptance of a road should go directly to the Town Supervisor, It should go first to the Plan ning Board; the Planning Board review it with the Highway Superin« tendent, and after they have set their conditions and requirements, it then should come to the Town Attorney to check the title, and then the Town Attorney will bring it to the Town Board for consideration. NO PARKING ORDINANCE ^ Town Attorney Buyoucos suggested that the Planning Board should pre- ' pare a list of areas in the Town where it is felt a "no parking" zone ' should be established (street names, times, limitations, etc). When such information is available, an ordinance may be prepared for con sideration, including all these areas, and should it become necessary from time to time to add other areas as "no parking" areas, the ordinance could be amended to Include them. If such an ordinance is adopted, the County Superintendent of Highways could be designated to post the "no parking" regulations on County roads within the Town. The Planning Board will work up a list of "no parking" areas, and submit same to the Town Board, // ^ - 8 - August 7, 1972 RETIREMEM* SYSTEM - TOWN JUSTICES The Town of Ithaca'a two Justices requested the Town Board to look into the matter of including them in the Town's non-contributory retirement plan. Motion by Supervisor Schwkn; seconded by Councilman Desch, RESOLVED, that the Town Board's ihterpretation of the non-ccntributory plan under which the Town is now ojierAting is that "employees" includes the Town Justices, and thAt the Town Justices, therefore, should be included in the system, beginning Jaftuary 1, 1973. Unanimously carried. Upon further reflection^ the Town Board took the following action: Motion by Supervisor Schwknj seconded by Councilman Desch, RESOLVED, that the foregoing resolution regarding inclusion of Town Justices in the Town's non-dontribUtory retirement plan be rescinded. Unahimously carried. The Board deferred action on this matter until they cduld get cost figures on what this inclusion would entail. They also wanted to give some thought to setting a salary "floor" below which it would make little sense to include the "employee". EASTERN HEIGHTS PARK Mrs. George A. Pisk (115 Park Lane), Chairman of the Park Committee at Eastern Heights presented a list of items which they would like for the Eastern Heights Park, as follows: Truckload of sand 2 picnic tables/benches Stone fireplace Bench near ice skating rink Moveable volley-ball poles and net Mowing Pill and smooth drop-off by flat area Mrs, Pisk estimated that all told these items would not come to more than $300 or $400. The Board was concerned about some of the equip ment being vandalized. Mrs. Pisk said they would take the responsi bility for the moveable equipment. Mrs. Pisk also spoke of the problem of mowing grass where trees are too close together to make this feasible with Town highway equipment. They would rather not remove the trees if it can be avoided. There was a question whether money was available for any of this.. It was noted that the Park Council has a budget and the Town of Ithaca has some money in the budget for parks. (mm, The Board agreed to look at the area at the same time they were in specting the Eastern Heights area in regard to drainage to see what might be done. Mrs. Pisk was asked to leave a list of the requested items, which she did. The Board will follow up on this at a later meeting. /^7 - 9 . GROFF ASSOCIATES - HOUSING FOR THE ELDERLY Mr, Ben Boynton addressed the Board on behalf of Groff Associates, He said they had a feasibility letter from HUD and FHA people for their Ellis Hollow Road site, on housing for the elderly. He said these agencies had approved and Groff Associates wants to build 100 units of one bedroom housing on the site to rent for about $127,00 a month, Mr, Boynton sought from the Board an assurance of a stabi lization of the Town tax rate at a figure that would not be increased, at a maximum figure of $200 per unit. How this would be divided be tween Town, School District and County taxes, he said, would be a matter for discussion. He also wanted a letter from the Town saying that water and sewer service could be obtained for the site and that they could connect to same. The Board pointed out that the Town only controlled less than $2,00 a thousand as far as the tax rate is concerned. The rest is School, County, and fire, Boynton said he would need approval from all the municipalities involved and he is working on all three concurrently. The Board did not see how it could commit itself since a 40-year mortgage is involved. Mr, Boynton said this had been done in other communities and there is no legal problem. The Board felt that the Town of Ithaca's tax share was such a miniscule share of the total Mr, Boynton was almost wasting his time talking to the Board and should address himself to the others first (County and School), Mr. Boyntoh said their percentage of profit is limited, the rents are stabilized, and they are only asking that other things be stabilized as well, Mr, Buyoucos wondered if they were tax exempt by law, Mr, Boynton said they were not tax exempt. They were a limited profit organization and taxable. Town Attorney Buyoucos suggested that Mr, Boynton put the entire proposal in writing, quoting specific sections of law under which they are proceeding, Mr, Boynton agreed to submit a written proposal to the Town, He emphasized that there must be a common commitment from the School Board, the County, and the Town Board, ADJOURHMEHT It appearing there was no further business to conduct, the meeting was thereupon adjourned. ./O Edward L. Bergen Town Clerk