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HomeMy WebLinkAbout1999-06-16 - TB r)i, Special Town Board Meeting June 16, 1999 Present : Supervisor Doug Austic, Carolyn Duddleston, Andy Hillman, Sue Poelvoorde, Bobby Weatherby, attorney for the town Bruce Wilson. The meeting was called to order at 7 p.m. The Board discussed the SEQRA for the rezoning of business districts 5 and 6 . Part 2 was completed as follows. 1 . No 2 . No 3 . No 4. No 5 . No 6. No 7 . No 8 . No 9. No 10. No 11 . No 12 . No 13 . No 14 . No 15 . No 16. No 17 . No 18 . No 19 . No 20 . No 1111 Doug made a motion for a negative declaration on the SEQRA, seconded by Andy, passed unanimously. Andy made a motion for determination of non-significance, seconded by Sue and passed unanimously. Doug explained the businesses that would be remaining commercial. The former drive-in would be rezoned to residential. The new ISA Babcock would not be effected. Bruce Wilson discussed why the town was rezoning rather than extending the commercial moratorium. The Board discussed changing the map to show what is being rezoned, rather than what is staying commercial. The Board discussed the parcels that would remain commercial. There were 14 parcels that would remain zoned commercial. Doug stated he had received the 2391&m response from the county with a finding of no deleterious effect. Bobby made the following motion: Whereas, this board adopted a new comprehensive plan (pursuant to Town Law 272-a on April 13 , 1999 setting forth the geographic areas intended to be zoned in the future as residential upon completion of the town wide zoning ordinance now in creation; and Whereas, a building moratorium is presently in existence for areas along Route 96 in the Ulysses Township presently zoned as business districts (under Article IV Section 3 ) of the Town Zoning Ordinance and which under the new comprehensive plan should be residential, (Article IV Section 1 ) ; and Whereas, the Town Board desires to comply with the comprehensive plan as soon as possible and is aware that it may be another six (6) months before full town wide zoning pursuant to the comprehensive plan is in place; and Whereas, the only areas in the comprehensive plan that are being moved from business to residential were set forth in the prior moratorium to avoid development inconsistent to the present comprehensive plan is in place; and Special Town Board Mtg. 2 6- 16-99 Whereas, the moratorium is about to expire and the Town Board is anxious there be no commercial development in the defined area and wishes to re-zone the area to residential use pending town wide re-zoning which will redefine permitted uses further in the town wide ordinance; and Whereas, the Town Board is in receipt of a review by the Tompkins County Planning Department showing no significant deleterious impact, and stating the Board is free to act in compliance with Section 239 1&m of the General Municipal Law; and Whereas, duly noticed public hearing was held June 8, 1999 to consider this re- zoning including residential; and Whereas, existing zoning allows business use as defined under Article IV Section3 in insert 6 and 6 of the official zoning map under appendix C of the Town zoning Ordinance being 300 feet in depth along Route 96 ; and Whereas, the comprehensive plan is intended to eliminate business use in insert 5 and 6 with the exception hereinafter referred to and as described on the attached parcel references which 14 parcels shall remain unchanged as permitted business use presently in effect ; and Whereas, the Town Board has duly reviewed the State Environmental Quality Review statement and made findings thereon, and issued a negative declaration; and Whereas, existing structures are hereby deemed grandfathered as pre-existing uses for purposes of this ordinance : Now therefore, at a duly constituted meeting of this board held this date it is hereby adopted pursuant to Town Law 264 and that the areas defined herewith be deemed re-zoned to a residential district as presently defined under Article IV Section 1 of the existing Town Zoning Ordinance, and that the Town Clerk duly file this resolution with its minutes and issue publication pursuant to Town Law 264, and affidavits thereof be duly filed with said clerk. Description of lands not re-zoned from business district (Article IV, Section 3 ) to residential district (Article I Section 1 ) pursuant to resolution and Town Law 263 : • Present tax parcel 33 - 1 - 8 . 2 being presently used as Ithaca Millworks, being approximately 7 . 1 acres bordering Route 96 . • Present tax parcel 33 -5 -3 . 1 being presently used as Alpine Machine, being approximately 3 . 05 acres bordering Route 96. • Present portion of tax parcel 33 - 1 - 8 . 1 presently used as Monroe Square being 450 feet along Route 96 from the southeast boundary of parcel 33 - 1 -8 . 2 to a creek; thence northerly along said creek 600 feet to a point; thence on a line parallel to the northern boundary of parcel 33 - 1 -8 . 2 to a point marking the north eastern corner of tax parcel 33 - 1 - 8 . 2 ; thence following the western boundary of parcel 33 - 1 - 8 . 2 to the point of beginning on Route 96 marking the southern boundary corner between parcel 33 - 1 - 8 . 2 and tax parcel 33 - 1 -8 . 1 . • Present tax parcel 33 -5 -3 . 3 being approximately 3 . 13 acres along Route 96, presently used as Sleeping Bear. • Present tax parcel number 33 -3 - 1 . 14 and 33 -3 - 1 . 15 and 33 -3 - 1 . 3 presently used as Ridersport along Route 96 . • Present tax parcel numbers 33 -2- 14 presently used as The Paradise Café being 1 .4 acres and tax parcel 33 -2- 15 being a 1 . 15 acre vacant lot along the north line of Route 96 between Krum Corners Road and Wilkins Road. R Special Town Board Mtg. 3 6- 16-99 • Present tax parcel 33 -3 - 1 . 16 presently used as Ithaca Pools along Route 96 . • Present tax parcel 34-3 - 11 being presently used as SA' s Banquet Hall, and being approximately 14 . 75 acres along Route 96. • Present tax parcel 34-3 -2 . 1 being presently used as Hammond Heating and Plumbing and being along Route 96 . • Present tax parcel 34-3 - 1 being presently used as Ward ' s Cabins bordering Route 96 and Van Dorn' s Corners Road. • Present tax parcel 34- 1 -9 being presently used as Rascal' s bordering Route 96 and Van Don' s Corners Road. Carolyn seconded the motion and the Board voted. Doug — AYE Carolyn - AYE Andy — AYE Sue — AYE Bobby — AYE The motion was passed. The Board discussed how to notify landowners. Bruce suggested Alex could serve any landowners coming to his office with a certified resolution. Doug announced a meeting date with Barton & Logudice and the schedule for joint meetings on rezoning. The Board discussed the water study that would evaluate three scenarios and process for referendum. Andy made a motion to adjourn, seconded by Carolyn, passed unanimously. The meeting ended at 8 :20 p.m. Respectfully submitted, Debra Austic Secretary