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HomeMy WebLinkAbout1974-10-29Continued October 16, 1974 RESOLUTION offered by Mr. LaVigne: WHEREAS, the assessment rolls for the Lansing Water District #1, Lansing Water District #2, Lansing Sewer District #1, Lansing Sewer District #2 and Catherwood Light District have been completed and have been filed with the Town Clerk, now therefore be it RESOLVED, that the Town Board hold a Public Hearing on said assessment rolls on the 6th day of November 1974 at 8:30 P.M. in the evening thereof, then, and there to meet, hear and consider any objections which may be made to the rolls, and be it further RESOLVED, that the Town Clerk publish notice of completion of the rolls pursuant to Section 239 of the Town Law. Seconded by Mr. Naegely. , Vote of Town Board . (Aye) Louis Bush, Councilman Vote of Town Board . (Aye) Bert Hilliard,Councilman Vote of Town Board (Aye) Edward LaVigne, Councilman • Vote of Town Board (Aye) Lee Naegely, Councilman Vote of Town Board . (Aye) Wesley McDermott, Supervisor Resolution was thereupon declared duly adopted. RESOLUTION offered by Mr. LaVigne: RESOLVED, that Norman D. Freeman, Esq., upon recommendation of the Chairman of the Lansing Board of Zoning Appeals, be retained to represent the said Zoning Board of Appeals in the matters of Pyramid Companies VS John C. Barney, et al, presently pending before the Tompkins County Supreme Court and the matter of Pyramid Companies VS John C. Barney etal, presently pending before the Supreme Court, Appellate Div- ision, Third Department, to be paid a rate not to exceed $50.00 per hour with a maximum amount not to exceed $750.00 without further expenditure absent without Town Board approval. Seconded by Mr. Naegely. Vote of Town Board . . . . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . . . . (No) Louis Bush, Councilman Vote of Town Board . . . . . . (Aye) Edward LaVigne, Councilman Vote of Town Board . . . . . . (Aye) Lee Naegely, Councilman Vote of Town Board . . . . . . (Aye) Wesley McDermott, Supervisor Carried On Motion, meeting adjourned to October429, 1974 at 8 P.M. October 29, 1974 The Lansing Town Board met in an Adjourned Meeting at 8 P.M. with Supervisor Wesley McDermott presiding. Said meeting to hold a Public Hearing on Proposed Changes to the Zoning Ordinance of the Town of Lansing and any other business that may come before said board. ROLL CALL Wesley McDermott Supervisor Present Louis Bush Councilman Present Bert Hilliard Councilman Present Edward LaVigne Councilman Present Lee Naegely Councilman Present Robert Williamson Town Attorney Present Jane Bush Town Clerk Present Visitors: Planning Board Chairman Viola Miller, Zoning Board of Appeals Chairman John Barney, Zoning and Enforcement Officer Norman Stanton, and forty - five visitors. The Supervisor called the meeting to order having the clerk take the Roll Call. Proof of Notice having been furnished, the Public Hearing to consider proposed changes to the Zoning Ordinance of the Town of Lansing, was called to order by Continued October 29, 1974 1:8 1 Margaret M. McElwee presented a "Lansing Landowner Petition for No. Change beaning 150 signatures. Said petition stated that 1) they endorsed the present Lansing Land Ordinance as locally conceived, adopted, and happily functioning, 2) they protested the proposed amendments which will change said Ordinance, 3) they requested that the Town Board petition the State Legislature for hasty approval of the present ordinance which has worked so well. Letter dated October 29, 1974 received and read from Frank R. Liguori, Commiss- ioner of Tompkins County Department of Planning. Mr. Liguori stated that he had reviewed the proposed changes in the zoning ordinance relating to the duties and responsibilities of the Zoning Board of Appeals, Planning Board and Town Board and since these changes were primarily administrative in nature, the Town Board was free to act without prejudice as long as it was done within the context of the Town Law. Viola H. Miller, Chairman of the Lansing Planning Board, read a "Planning Board Statement" approved by said Planning Board on October 28, 1974, which states that the Planning Board does recommend the changes in the Zoning Ordinance as proposed. • Planning Board Statement attached hereto and made a part thereof. The following persons spoke in regard to the proposed changes in the Town of Lansing Zoning Ordinance: Attorney Helen Amdur, Joyce Bischoff on behalf of the Lansing Civic Association, Attorney John C. Barney, Viola Miller, Cora Breary, Barbara Irish, Lola Winter, Rita Smidt, Frankie Lechner, Carl Gortzig, David Klein, Fred Lechner, Seymour Smidt, Robert Gibbs, William Bement, James Showacre and Attorney Dale VanEpps. All persons desiring to be heard, having been heard, the Hearing was terminated at 11:03 P.M. The Town Board reviewed the Public Hearing just held, prior to the following resolutions being offered: RESOLUTION WHEREAS, the Town Board of the Town of Lansing has duly advertised a public hearing on proposed amendments to the Lansing Zoning Ordinance to be held on the 29th day of October, 1974 at 8:00 in the evening thereof, and WHEREAS, that at said hearing discussion was had both for and against said amendments and WHEREAS, said amendments will conform the Lansing Zoning Ordinance to current New York Law, and be it further RESOLVED, on motion made by Councilman Louis Bush, seconded by Councilman Bert Hilliard that said amendments as proposed be and the same hereby are adopted and theatown clerk is hereby authorized and directed to publish said amendments in full in the Ithaca Journal, Ithaca, New York and post same on the town bulletin board and enter same in the minutes of the Town Board, and be it further RESOLVED, that the Town Board makes the following finding, that in order to promote the purposes for which said Zoning Ordinance was enacted and to support the integrity of said ordinance and the good faith reliance upon the provisions of said ordinance by great numbers of people and property owners in the Town of Lansing, the Town Board legislatively finds that all building permits issued as a result of Section 1306 approval shall be deemed vested in the holders thereof. Vote of Town Board . . . . (Aye) Louis Bush, Councilman Vote of Town Board . . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . . (Aye) Edward LaVigne, Councilman Vote of Town Board . . . . (Aye) Lee Naegely, Councilman Vote of Town Board . (Aye) Wesley McDermott, Supervisor The resolution was thereupon declared duly adopted. RESOLUTION WHEREAS, the Zoning Ordinance of the Town of Lansing as amended by resolution adopted on the 29th day of October, 1974, conforms the ordinance to the present status of the law of the State of New York, and, WHEREAS, the current law puts a heavier workload on the Town Board and greater responsibility, and, WHEREAS, special legislation of the State of New York passed in the.1974 session of legislation gave specific authority to certain town boards to delegate Continued October 29, 1974 RESOLVED, that the petition of the citizens of the Town of Lansing be made a part of this request. Vote of Town Board . . . . (Aye) Louis Bush, Councilman Vote of Town Board . . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . . (Aye) Edward LaVigne, Councilman Vote of Town Board . . . . (Aye) Lee Naegely, Councilman Vote of Town Board . . . . (Aye) Wesley McDermott, Supervisor The resolution was thereupon declared duly adopted. RESOLUTION WHEREAS, the town adopted amendments to the Lansing Zoning Ordinance in order that said ordinance will conform to State Law, and, WHEREAS, said amendments may make a current law suit entitled Pyramid vs. Sanderson and Town the (Aye) Zoning Board of of Appeals Board . moot, and WHEREAS, the town board does not wish to legislate away the right of James Sanderson to commence an action contesting the issuance of the,building permit to the said Pyramid Companies, therefore be it RESOLVED, on motion of Councilman Bert Hilliard, seconded by Councilman Lee Naegely, that this board agrees to waive the affirmative defense of the statute of limitations in any law suit involving James Sanderson in an action contesting the issuance of a building permit to Pyramid Company and be it further RESOLVED, for purposes of this resolution that the time to commence an Article 78 proceeding shall commence at the time that the amendments to the zoning ordinance are first effective as to James Sanderson. Vote of Town Board . (Abstains) Louis Bush, Councilman Vote of Town Board . (Aye) Bert Hilliard, Councilman Vote of Town Board . (Aye) Edward LaVigne, Councilman Vote of Town Board . (Aye) Lee Naegely, Councilman Vote of Town Board . (Aye) Wesley McDermott, Supervisor The resolution was thereupon declared duly adopted. TOWN OF LANSING ORDINANCE No. 15 An Ordinance of the Town of Lansing, County of Tompkins, State of New York, providing for the AMENDMENT of the Land Use Control Ordinance adopted by this Town Board on the 4th day of June 1973, is hereby amended to read as follows: ARTICLE XII: REGULATIONS - INDUSTRIAL DISTRICT Section 1206. Industrial District Permits and Planning (Paragraph) 1. No building permit shall be issued and no development shall occur in any Industrial District unless such development shall be approved by the Town Board, after review by the Planning Board. (Paragraph) 2. Such plan shall be submitted to the Planning Board for review, with copy of said plan to the Town Board at the same time. In making its review the Planning Board shall be particularly con- cerned with: preventing the haphazard development of land and streets; the ability of the proposed street system and off- street parking facilities to handle expected traffic in a safe and efficient manner; the effect of the proposed development on natural surface water drainageways; the ability of water and sewerage facilities to accommodate the proposed development; the opportunity for continued development of adjacent land in an orderly way; and the general environmental quality of the proposal in terms of site planning and landscaping. (Paragraph) 3. The Planning Board shall complete its review of any development proposal in an Industrial District and issue a recommendation to the Town Board within 45 days from the date it is submitted to the Planning Board. Failure to complete such review within the 45 day period shall be tantamount to a recommendation for approval. The Town Board shall then review such development proposal and the recommendation of the Planning Board and approve or disapprove • 0 • 1 • Continued October 299 197+ (Paragraph) L.. It shall be the responsibility .of. the developer to.show. that his proposal will.be.vi�sually i:n.keeping with.the uses permitted in the abutting residential zone and that there will be sufficient buffering in the form of decorative and /or dense landscaping, and /or decorative fencing, and /or other similar methods recommended by the Planning Board. (Paragraph) 5 -. Delete entire Paragraph 5 from Ordinance. ARTICLE XIII: SPECIAL CONDITIONS, SPECIAL PERMITS AND PLANNED DEVELOPMENT Section 1301. Land use activities listed in Article VI of this Ordinance as being subject to special procedures or conditions or requiring a special permit or an ordinance change shall not be considered permitted uses until such special procedures, regulations, and conditions have been complied with, or a special permit has been issued by the Town Board, a variance authorized by the Board of Appeals, or an ordinance change has been effected in accordance with`.the terms of this Article. Section 1302. Special Conditions The Enforcement Officer or the Town Board as required by the provisions of this ordinance shall issue building permits for the following uses only when satisfied that the special conditions specified in this Section have been met: . Section 1303- Special Permits The Town Board may issue building permits for uses,only after review by the Planning Board, if necessary, has been authorized by the Zoni In making its review the Planning Board shall conditions and requirements set forth in this been satisfied . . . . . Section 1306. Commercial District the following land and a variance, ng Board of Appeals. find that the Section have (Paragraph) 1. No building permit shall be issued and no development shall occur in any Commercial District unless such development shall be approved by the Town Board, after review by the Planning Board. (Paragraph) 2. (Paragraph) (Paragraph) Such plan shall be submitted to the Planning Board for review with a copy to the Town Board at the same time. In making its review the Planning Board shall be particularly concerned with: preventing the haphazard development of land and streets; the ability of the proposed street system and off- street parking facilities to handle expected.traffic in a safe and efficient manner; the effect of the proposed development on natural surface water drainageways; the ability of water and sewerage facilities to accommodate the proposed development, the opportunity for continued development of adjacent land in an orderly way; and the general environmental quality of the proposal in terms of site planning and landscaping. 39 The Planning Board shall complete its review of any development proposal in a Commercial District and issue a recommendation to the Town Board within 45 days from the date it is submitted to the Planning Board. Failure to complete such review within the 45 days period shall be tantamount to a recommendation for approval. The Town Board shall then review such development proposal and the recommendation of the Planning Board and approve or disapprove said development proposal within 30 days from either the submission to it of the Planning Board recommen- dation or the expiration of the Planning Board's time to issue a recommendation, whichever occurs first in time. Upon approval of any development proposal, the Town Board shall issue a building permit, provided all the requirements set forth in Article XI, excepting 1106.7 shall have been complied with. 4. It shall be the responsibility of the developer to show that his proposal will be visually in keeping with the uses permitted in the abutting residential zone and that there will be sufficient buffering in the form of decorative and /or dense landscaping, 84 Continued October 29, 197+ Section 13070. Planned Development Area (PDA) (Paragraph) 54P Developer!s,.Conference.. Within 45 days after receipt of the Preliminary Proposal the Planning Board shall schedule a conference with the applicant to review the proposed Planned Development. If said proposal seems to be in accordance with general planning objectives for the area, and the objectives of this Section, the Planning Board and applicant shall jointly consider the conditions and specifications under which the proposal may be approved. After such conference if the applicant wishes to proceed with the Planned Development he shall submit to the Planning Board a written Statement of Intent to comply with the conditions and specifications as established. If agreement on conditions can- not be reached the Planning Board may, at that time, recommend to the Town Board that the proposal not be approved. Such recommendation shall include a detailed explanation of the basis for the Planning Board's decision. (Paragraph) 7. Approval of the Planned Development Area. Within forty -five days after receipt of the Planning Board's recommendation to approve or disapprove the proposed PDA, the Town Board shall hold a public hearing in accordance with Article XIX of this Ordinance. Within ten days after such public hearing the Town Board shall approve conditionally or disapprove the proposed PDA. Conditional approval shall be for a period of one year and shall be subject to acceptance of the Final Development Plan by the Town Board. When conditional approval is granted the location of the PDA shall be noted on the Land Use Control Map. In the event the Town Board wishes to act contrary to the recommendation of the Planning Board, such action shall be made only by a majority plus one vote. (Paragraph) 8. Final Development Plan (Paragraph) 8 c. Any additional drawings or statements which may be required by the Planning Board in making its review. (Paragraph) 8 d. A written recommendation concerning the Final Development Plan shall be filed by the Planning Board with the Town Clerk and the Enforcement Officer. The Town Board shall then review same, and upon approval, issue a building permit or permits which shall authorize the applicant to proceed with the Planned Development. (Paragraph) 10. Control of Planned Development. After Town Board approval of a Final Development Plan for a PDA minor changes, extensions or alterations in said development may be made only after they have been reviewed by said Planning Board and approved by the Town Board. Major changes such as increased density or reduc- tion of open space are subject to the same review and approval procedure as applied to the original application. ARTICLE XVII: Section 1701. ARTICLE XVIII. ADMINISTRATION Building Permit No building shall be erected, moved, structurally altered, or enlarged, and no excavation for any building shall be begun .within the zoned area of the Town of Lansing without a building permit except that no building permit shall be required in any unzoned area or for normal maintenance and repair work, for painting, interior decoration, landscaping and the construction or erection of any structure such as a utility shed or animal shelter where the total floor area is sixty square feet or less. Application for such building permits shall be made to the Enforcement Officer and such permits may be issued by the Enforcement Officer or by the Town Board, as required by the provisions of this ordinance, after a review of the work proposed . . . . . . . . . 0 . . . . . 0 . . . . . . APPEALS • • • • Continued October 29� 1974 The Board of Appeals shall, in accordance with the provisions hereinafter contained in this Section: 1. Hear and determine appeals from any refusal of a building permit or certificate of occupancy by the Enforcement Officer in accordance with the provisions of Sections 1701 and 1702. 2. Review any order or decision of the Enforcement Officer where such order or decision is based upon the requirements of this Ordinance. 4. The Board of Appeals shall not have jurisdiction to hear appeals from determinations of the Town Board, in particular determinations relating to the creation of a PDA or the issuance of building permits pursuant to the provisions of sections 1206 and 1306 of this ordinance. Section 1803. Procedure (Paragraph) 3. All cases requiring a special permit or variance affecting real property lying within a distance of 500 feet from the boundary of any city, village or town, or from the boundary of any existing or proposed county or state park or other recreation area, or from the right -of -way of any existing or proposed county or state road or highway, or from the existing or proposed right - of -way of any stream or drainage channel owned by the county or for which the county has established channel lines, or from the existing or proposed boundary of any county or state owned land on which a public building or institution is situated, shall be referred to the Tompkins County Planning Agency for report and recommendation. If the County Planning Agency fails to make such report within 30 days after receipt,of referred matter action may be taken without such report. If the County Planning Agency disapproves the proposal, or re- commends modification thereof, the Board of Appeals may act contrary to such disapproval or recommendation only by a vote of a majority plus one of all the members thereof. The Board of Appeals shall file a report of its action with the County Planning Agency within 7 days after such action is taken. 411WIM11"M +1 *,�VAMM Section 1906. Nothing in this ordinance or in amendments thereto shall be construed as changing the plans or uses of present buildings, or the construction, use or occupation of any building for which a permit has heretofore been issued, all plans hereto- fore filed and approved and all building permits heretofore issued are hereby approved, ratified, and confirmed and the rights to construct thereunder are hereby vested in the holders thereof. ARTICLE XX: PENALTIES Section 2000. Any person, firm, corporation or other party, violating any provision of this ordinance shall be deemed guilty of an offense upon conviction and shall be subject to a fine of not exceeding $250.00 or to imprisonment for not exceeding 30 days, or to both such fine and imprisonment, for each and every violation and for each and every week that such violation continues . These Amendments to the Lansing Land Use Control Ordinance shall be in force and effect upon adoption and publication as provided by law. BY ORDER OF THE TOWN BOARD OF THE TOWN OF LANSING On motion, meeting adjourned 11:35 P.M. rjr � 0 4�� 6 ""1 I Section 1307. Planned Development Area (PDA) ---, PLEASE TAKE NOTICE that the following (Paragraph) 5, Developer's Conference. Amendments to the Lansing Land Use Control Within 45 days after receipt of the Preliminary Ordinance were duly adopted by the Town Board of the + Proposal the Planning Board shall schedule. a Town of Lansing on the 29th day of October, 1974, after4 i conference with the applicant to review the proposed Public Hearing as required by law. I Planned Development. If said proposal seems to be in } - - 'accordance withgeneral,planning objectives for the + TOWN OF LANSING area, and the objectives of this Section, the Planning 'I t ) ORDINANCE NO. 15 Board and applicant shall jointly consider the An Ordinance of the Town of Lansing, ount of NOTICE .1 B• Y � conditions and specifications under which the proposal j Please e take notice that the Town Board of the Town Tompkins, State of New York, providing for the ' may be approved. After such conference if the of Leas t will hold a public hearing othe 29th day n { AMENDMENT of the LAND USE CONTROL applicant wishes to proceed with the Planned October, 1974 at 8:00 in the evening at the Town Hall in ORDINANCE adopted by this Town Board on the 4th Development he shall submit to the Planning Board a the Town of Lansing to hear all persons interested in I day oft June 1973, is hereby amended to read as , I written Statement of Intent to comply with the follows: .conditions 'and specifications as established. If proposed changes to the Zoning Ordinance of the Town I ARTICLE XII: REGULATIONS - INDUSTRIAL of Lansing. The proposed changes update the Zoning DISTRICT {agreement on may, at clime, be reached the Planning Board may, at that time; recommend to the I Ordinance to conform to New York State law and are i , Section 1206. Industrial District Permits and Planing , � Town Board that the proposal ro ued1 t be approyed.'S as follows: ..�. -' , The proposed changes in the Town of Lansi recommendation shall include a detailed explanation P Po nB ngZbdlriB ' "IParagraPhl 1. No building permit shall be issued and i of the basis for the Planning Board's decision. Ordinance are, in substance, as follows: no development shall occur in any Industrial District (Paragraph) 7. Approval of the Planed (1) The Town Board, rather than Planning Board, unless such development shall be approved by the Development Area. Within forty -five days after would be given the powwr to�approve the issuance of I Town Board, after review by the Planning Board. ; receipt of the Planning Board's recommendation to building permits in cases requiring prior Planning I (Paragraph) Y. Such plan shall be submitted to the +,approve or disapprove the Proposed PDA, the'Town Board review. - Planning Board for - review, with copy, of said plan to l Board shall hold a public hearing in accordance with (2) The Zoning Enforcement Officer's duties would the Town Board at the same time. In- making its review I Article XIX of this Ordinance. Within ten days after remain unchanged except in cases of the issuance of the Planning Board shall be particularly concerned I such public hearing the Town Board shall approve { building permits requiring prior Planning Board with: preventing the haphazard development of land i conditionally or disapprove the proposed PDA. review (i.e. PDA, industrial and commercial and streets; the ability of the proposed street system Conditional approval shall tie for a- period of one year districts). In such cases the Town Board would issue and ofBstreet parking facilities to handle expected and -shall be. subject to acceptance of the Final , the building permits. - I , traffic in a safe and efficient manner; the effect of the , t Development ,Plan by the Town Board. When (3) The Board of Zoning Appeals would continue to i proposed development on natural surface water conditional approval is granted the location of the PDA grant variances. I drainageways; the ability of water and sewerage shall be noted on the Land Use Control Map. In the (4) The Planning Board would be given the power to facilities to accommodate the proposed development; event the Town Board wishes to act contrary to the review certain applications for;building permits and to the opportunity for continued development of adjacent recommendation of the Planning Board, such action advise the Town Board concerning their issuance. land in an orderly way; and the general environmental i I recommendir only by a majority plus one vote. Other minor changes are incorporated in the Zoning I quality of the proposal in terms of site planning and (Paragraph) n Final majority Plan. Ordinance to conform to state law and provide con- ! . landscaping. ' sistency with the above. I ' I (Paragraph) 3. The Planning Board shall complete a (Paragraph) 8 C. Any additional drawings or The proposed changes are set forth in a copy of the its review of any development proposal' in an { statements which may be required by the Planning . Ordinance on file with the Town Clerk open to public Industrial District and issue a recommendation to the • { Board in making its review. .1 f inspection during normal office hours. The specific Town Board within 45 days from the date it is (Paragraph) 8 d. A written recommendation submitted to the Planning Board. Failure to complete I •. concerning the Final Development Plan shall be filed paragraphschanged are set forth below. y period b the Planning Board with the.Town Clerk and the � � such review within the 45 via rind shall be ' Y n8 i Page Location tantamount to a recommendtion for approval. The I Enforcement Officer. The Town Board shall then 30 Section 12(16 Description ' Town Board shall then review such development j ; review same, and upon approval, issue a building Paragraph t proposal and the recommendation of the Planning Permit or permits which shall authorize the applicant Irne3- addition Board and approve or disapprove said development . t° Proceed with the Planned Development. 30 Section 1206 I h Paragraph 2, proposal within 30 days from either the submission to fP8f8lP'8P 1 10. Control of Planned Development. lrtle2 , it of the Planning Board recommendation or the:.( After Town Board'approval of a Final Development 31 Section 1206 Lilies 1� Plan for a PDA minor Paragraphs 3 CHANGE & addition I expiration of the Planning Board's time to issue a . changes. extensions or 31 Section 1206 approval ^of tany development first in time. Town after they have beend reviewed by by midyPlanning Board . Paragraph 4 ' Line 5 I and approved b the Town Board. Major changes such 31 Section 1206 Board shall issue a building permit provided all the PP Y 1 ha1uB Yarn ra 5' lI - requirements set forth in Article XII shall have been as increased density or reduction of open space are ' 32 section 1301 - Onut i { complied with. I subject to the same review and approval procedure as Line5 (Paragraph) 4. It shall be the responsibility of the . applied to the original application. + 32 Section 1302 j' developer to show that his proposal will be visually in { I ARTICLE XVII: ADMINISTRATION Line I and2 keeping with the uses permitted in the .abutting ' Section 1701 Building Permit 33 Section 1303" ' residential zone and that there will be sufficient No building shall be erected, moved, structurally Luceland2 buffering in the form of decorative and /or dense altered, or enlarged, and no excavation for any landscaping, and /or decorative fencing, and /or other building shall be begun within the zoned area of the 33 Section 1303 Line 3- addition . simi lar methods recommended by the Planning Board. Town of Lansing without a building permit except that + 38 Section 1306 I (Paragraph) 5. Delete entire Paragraph 5 from +no building: pernur shall be required in arty unzoned f Line 3- addition + pud(nanee area or for normal maintenance and repair work, for I Paragraph 1 ARTICLE XII(: SPECIAL CONDITIONS, SPECIAL Panting, interior decoration, landscaping and the 1 38 Section 13Uti { I PERMITS AND PLANNED DEVELOPMENT construction or erection of any structure such as a I Paragraph 2 Line 2 utility shed or animal shelter where the total floor area Section 1301. 39 Section 1306 Line 1 and 8- Land use activities listed in Article VI of this is sixty square feet or less. Application for such Paragraph 3' addition and change Ordinance as being subject to special procedures or building permits shall. be made to the Enforcement 's 39 Section 1306,1 I, conditions or requiring a special permit or an Officer and such permits may be issued by the; Paragraph Lines ordinance change shall not be considered permitted I Enforcement Officer or by the Town Board, asl 39 Section 1306 i uses until such special procedures, regulations, and required by the provisions of this ordinance, after a+ Paragraph 5 Onut conditions have been complied with, or a special ? reviewof the work proposed. 42 Section 1307 11 permit has been issued by the Town Board, a variance ' ARTICLE XVIII: APPEALS Paragraph 5 Line - authorized by the Board of Appeals, or an ordinance l Section 1801. Grievances and Appeals i 43 ' Section 1307 Any person aggrieved by any decision of any o[Cicer 'change has been effected in accordance with the terns Paragraph 7 l:ine8 � I � charged with the enforcement of this Ordinance may, of this A1302. s , 44 ,Section 1307 Lines 2 -7, renumbered : Section 1302. Special Conditions take an appeal to the Board of Appeals. There shall be Paragraph 8 (c) new subparagraph id) The Enforcement Officer. or the Town Board as ro appeal' to the Board of Appeals from any 45 Section 1307 . Lines land 4-. determination of the Town Board. ' required by the provisions of this ordinance shall issue The Board of Appeals shall, in accordance with the Paragraph IO - additions following PPe i, I- building permits for the ding uses only when l provisions hereinafter contained in this Section: 59 Section 1701 ADULT ON S P 1. He 11 satisfied that the special conditions specified in this ' 1. Hear and determine appeals from an refusal of a ADDITIONS Section have been met: PPe Y 61 Section 1801 Line 3- addition budlding permit or certificate of occupancy by the ;I I I Section 1303. Special Permits Enforcement Officer in accordance with the provisions 62 , Section 1801 Line 3 t i The Town Board may issue building permits for the { of sections 1701 and 1702. I Paragraph 1 following land uses only after review by the Planning 2 Review any order or decision of the Enforcement I 62 Section 1801 Lines 1 and 2 - Board, and a variance, if necessary, has been Officer where such order or decision is based upon the Paragraph 2 authorized by the Zoning Board of Appeals. In making requirements of this Ordinance. 62 Section 1801 ? its review the Planning Board shall find that the' 4 The Board of Appeals shall not have jurisdiction to conditions and requirements sal forth in this Section We a als from determinations of the Town Board, I•, Paragraph New Paragraph Lines 1, 2, Il, Section 1306. Commercial Dist „ have been satisfied. PPe ' 63 Section 1803 District in particular determinations relating to the creation of . , ' Paragraph 3 .14-15 * + a PDA or the issuance of building permits pursuant to (Paragraph) 1. No building permit shall be issued the provisions of sections 1206 and 1306 of this 65 Section 1906 New Section P and ro development shall occur in any Commercial ordinance ) District unless such development shall be approved by Section 1803. Procedure ' M Section 2000 L.ine4-change the Town Board, after review by the Planni Board. ` Y °B (Paragraph) 3. All cases requiring a special permit - �_ ._ _.. - (Paragraph) 2. Such plan shall be submitted to the or variance affecting real properly,lying within a Dated: October 18; 1974 l Planning Board for review with a copy to the Town distance of 500 feet from the boundary of any city, By Order of the Town Board + Jane C Bush Board at the same time. In making its review the village or town, or from the boundary of any existing Town Clerk Planning Board shall be 'particularly concerned with: or proposed county or state park or other recreation 10119%+4 - - eventing the haphazard development of land and' area, or from the right-of-way of any existing or streets; the ability of the proposed street system and proposed county or state road or highway, or from the ; off- street parking facilities to handle expected traffic existing or proposed right-of-way of any stream or in a safe: and efficient manner; the effect of the drainage channel owned by the county or for which the proposed development on natural surface 'water comiy has established charnel lines, or .from the _ 1 drainage ways; the ability of water and sewerage existing or proposed boundary of any county or state facilities to accommodate the proposed development, , owned land on which a public building or institution is -- - the opportunity for continued development of adjacent situated, shall be referred to the Tompkins County ' land in an orderly way; and the general environment Planing Agency for report and recommendation. If quality of the proposal in terns of site planning and the Cowry Planning Agency fails to make such report landscaping. within 30 days after receipt of referred matter action IParagraph) 3. The Planting Board shall complete may be taken without such report . If the County its review of any development proposal in a Planting Agency disapproves the proposal, or u Commercial District and issue a recommendation to recommends modification thereof, the Board of the Town Board within 45 days from the date it is Appeals may act contrary to such disapproval or submitted to the Planning Board. Failure to complete , recommendation only by a vote of a majority:plus one such review within the 45 day period shall be of all the membgrs thereof. The Board of Appeals shall tantamount to a recommendation for approval. The file a report'of its action with the County Planning Tom Board shall then review such development ARTICLE iXQL AMENDr such action is taken. proposal and the recommen6 ion of-the Planning ' Board' and approve or disapprove said developmem:0° 1' Nothing in this ordinance or in amendments thereto Proposal within 30 days from either the submission to shall be construed as changing the plans or uses of it of the Planning Board recommendation or the. present buildings, or the construction, use or expiration of the Planning Board's time to issue a occupation of any building for which a permit has recommendation, whichever occurs first in time. Upon heretofore been issued, all plans heretofore filed and , approval of any development proposal, the Town approved and all building permits heretofore issued +� t 1 Board shall issue a building permit, provided all the are hereby approved, ratified, and confirmed and the requirements set forth in Article XI, excepting 1106.7 rights to construct thereunder are hereby Jested in the shall have been complied with. - holdersthereof. (Paragraph) 4. It shall be the responsibility of the ARTICLE XX: PENALTIES developer to show that his proposal will be visually in Section 2000. - keeping with the uses permitted in the abutting Any person, firm, corporation or other party, i residential zone and that there will be sufficient violating any( provision of this ordinance shall be + ,buffering in the form of decorative and /or dense deemed guilty of an offense upon conviction and shall landscaping, and /or decorative fencing, and /or other be subject to a fine of not exceeding $50.00 or to similar methods recommended by th&Planning Board.' - imprisonment for not exceeding 30 days, - or to both - Paragraph) 5. Delete entire Paragraph 5 from such fine and imprisonment, for each land every i LOddinance _ violation and for each and every week• that such • 1 • l }. k PLANNING BOARD STATEMENT approved October 28, In March, 1974, the Planning Board and the Town Board of Lansing was notified by a letter from Frank Liguori, Chairman of Tompkins County Planning Board, that according to a memorandum he had received from New York State, -the Lansing zoning ordinance requirements for the issuance of building permits in the industrial commercial, anCplanned developmentAzones was in conflict with New York state law in that the power of approval of site plans can not be delegated by the Town Board to the Planning board. Immediately upon receipt of this memorandum, the two boards made plans to change procedures to conform to the law, The Planning Board continued to receive applications for permits, review all plans as presented as to their conformance to the requirements as specified in the zoning ordinance, asking for changes as necessary to conform, and final-ky making a recommendation to the Town Board for approval. In most cases the developer has appeared before the Town Board at the time the Board was making its review of the Planning Board recommendation. All building permits have been issued according to this procedure sine March, 1974. In addition, during this time and according to this procedure(which is the one now in question) all variances have been granted ( or denied) by the Zoning Board o8 Appeals -- as they will continue to be under the proposed changes. As an illustration of the procedure when the Pyramid Company requested permission to appear before the Planning Board to present its plans for a mall, the Planning Board in turn requested that the Town Board members also be present so that both boards would be equally aware of any possible problems and could work toget}jer as might be needed for a final.approval (or disapproval) within the time limits as specified in the ordinance. A quorum of both boards was present at that meeting. As this development was large and complex it required very extensime review in many areavof expertise. It is said that no development in Tompkins County has been mote thoroughly reviewed and questioned. All phases of the project were were presented by Pyramid in the most minute detail, all questions posed by the Planning Board were answered or resolved to its com- plete satisfaction. Included in the Planning Board review was a review and approval by Thomas Neidercorn who had been the profess- ional planner in developing the Master Plan and the zoning ordin- ance for Lansing, by Frank Liguori for Tompkins County, by New York State Department of Transportation for traffic, and by DEC for air pollution, also by local Conservation for run -eff and streams. No public hearingswere held as no variances were required. After completion of all these reviews and after several meetings to discuss them, the Planning Board did approve the project and did make a recommendation to the Town Board through a very lengthy and detailed resolution that the Pyramid Mall be approved. The Town Board did approve the project and request that a building permit be issued as requested. This is procedure for approving all permits in the Industrial, Commercial, and P.D.A. zones that has been followed since Marc ]3,197}. However, the ordinance was not c4anged, as perhaps it should have been to conform to the procedures being followed. Had there been no appeals made - against Pyramid by concerned -�- individuals, it is possible that, as is the case in some other towns, no action to change the ordinance would have seemed necess- ary in that possible enabling legislation by the Stkte to delegate the power of site approval to the Planning Board would have made no change imperative, and would have left the ordinance as the Town Board (and apparently most of Lansing residents) want it to be. After much consideration by people concerned with the legality of the ordinance and by the validity of permits being issued and by their lawyers and most especially by the Town attorney, it was determined that the Planning Board should give consideration to such changes. The Planning Board held a special meeting to con- sider the changes and did recommend such consideration to the Town Board. The cha %es considered were those proposed by the Town attorney. It should be pointed out here that the chairman had also requested some clarification in the ordinance as to the issuanze of permits. In subsequent discussion these have been referred to as policy changes, when for the most part, more correbtly they should be noted as policy clarification. In its initial appraisal of the changes, the Planning Board did not consider changes to the ordinance which would make possible approval by any other appointed officer or body of the Town. The procedures being followed came closer to the original intent of the ordinance as approved by the originating bodes and by the Town Board on its adoption. However, the Planning Board has since considered all possible alternatives and has arrived at the same conclusion. It does wish that it were not necessary to make a change and feels that, in general, it has worked well. There has been mutual respect for each other between all boards and the Zoning officer. This should continue in the future. The Planning Board does recommend the changes in the zoning ordinance as proposed for the October 29 public hearing of the Town Board. It recognizes that some of these changes are necessary to conform to Sthte law and that other changes are primarily for clarification and less confusion in administering the ordinance. Although other procedures of approval are available, the ones now being suggested (and presently used) provide the best system for checks and balances, between the Planning Board, the Zoning Board of Appeals, the Zoning officer and the Town Board, thereby providing the best protection presently available to all concerned. The Planning Board requests that if enabling legislation is not forthcoming to give the Town Board authority to delegate site plan approval to the Planning Board, that within the legislative year, the Town Board will petition the state legislature to grant Lansing that approval by a special act. Res e tfully submitted, Viola H. Miller Chairman Lansing Plannung Board 1 We, the undersigned members of the Town Board of the Town of Lansing, hereby waive all notice of a Special Meeting of said Board to be held on the 6th day of November 1974 at 8:00 P.M. , for the purpose of discussing and acting on any business that may come before said board, in addition to the Public Hearing's on the Preliminary Budget for the year 1975 and the Special Districts, as advertised. Legal Notice, NOTICE OF PUBLIC FEARING ' SPECIAL DISTRICTS- PLEASE TAKE NOTICE that the Town Board of the Town of Lansing has prepared the Assessment Rolls of • parcels of land included in Lansing Water District No: 1. Lensing Water District' No. 2, Lansing Sewer District No. ,l. Lansing Sewer District No. 2 and Catherwood Light District. and has apportioned and assessed upon such parcels of land in proportion to the amount of benefits the improvements shall confer upon the same; the frost chargeable to aid districts in connection with the constnuction of the public water and sewer systems therein which are payable in the year 1975 and therefore, pms6nt to Section 299 of the Town law, the said Town Board shall told a public hearing thereon to hear and :consider any objections which may be. made to said�Rolls on the 6th day of November 1974 at the Town Full. Lansing. New York at 8:30 p.m. o'clock in the evening thereof. By Order olthe Town Board Jane C. Bush. Clerk Oct. 26.1974 NOTICE OF REARING ON PRELIMINARY BUDGET FOR TOWN OF LANSING FORYEAR 1975 NOTICE is hereby given that the preliminary budget Of the Town of Lansing. Tompkins County, New York for the fiscal year beginning January 1. 1975. has been completed and filed in the office of the Town Claerk of said Town of Lansing at Lansing in said Town. where it is available for inspection of an'y' interest person at all . reasonable hours. " FURTHER NOTICE IS HEREBY GIVEN that the Town Board of said Town of Lansing will meet.and review said preliminary budget and hold a public hearing thereon at the Lansing Town Hall, Lansing at 9 p.m. on the 6th day of November, 1974. and that at such hearing any person may be heard in favor of or against the preliminary budget as compiled or for or against any items therein contained. li AND FURTHER NOTICE IS HEREBY GIVEN. PURSUANT TO Section log of the Town law, that the following are proposed yearly salaries of the town of- ficers of this town: - it Supervisor ; .. 'I S 4.200.60 Councilman 4 at 91200 each 4 4.800.00. Town Clerk A'Reciver of ^Taxes 1 .. 10.272.0. Highway Superintendent 12.519.0 j - By Order of the TownBoard Jane C. Bush. Clerk Oct. 26.1974 1 J�zr_�� 0