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Home My WebLink About2000-09-06114 September 06, 2000 The Lansing Town Board met in Special Session at the Lansing Town Hall Board Room at 7:00 P.M. with Supervisor Farkas presiding. The Supervisor called the meeting to order and had the clerk take the Roll Call. ROLL CALL Stephen Farkas Supervisor Present Herbert Beckwith Councilperson Present Katrina Greenly Councilperson Present Meg Overstrom Councilperson Present Francis Shattuck Councilperson Present Bonita Boles Town Clerk Absent Debbie Crandall Deputy Town Clerk Present Rich John Town Attorney Present VISITORS: George Totman, David Herrick, Robin Cornell, William Burin, Deb Harper, Melissa Stephenson, Todd Mallinson, Christine Iacobucci, E.W. Trainer, Susan Jaquette, John Jaquette, Bill Lucas, C. Shaw, Dave Wilson, Lesa Wilson, Richard Meacher, Lynda & Tom Skibitsky, Al Phillips, Craig Trowbridge, Marshall Volbrecht, Ed Pasto, Bob Baker, Jacoba Baker, Bill Dhimitri, Randy McDonald, Walter Poland, Deb McKane, Marian Partridge, Doug Firth, Ronald Parks, Dorothy Krizek, Mary Krizek, Paul Costantim, Viola Miller, Colleen Sloan, Lori Rhoads, Darrell Rhoads, Connie Armstrong, Jean & Carl Gortzig, Betty Whipple, Barbara Morse, Bob Keefe, Tom Niederkorn, Candis Bailey, Scott Sperling, William Drake, Cindy Jay, Victoria Freile, Debbie Nichols, Greg Nichols, Susan Miller, Dennis Osika, Lyle Wadell, Douglas McEver, Cathy Morrell, Phillip Skeps, Debra Wood, Vince Mehriger, Richard Krizek, Rue Chagoll, T.G. Payne, L.H. Pat Conlon, David Price, Jill Vaughn, Lee Sims, Sue Sullivan, Robert Sullivan, Walt Sweazey, Michael Sweazey, John Hummel, Ivan Pisanelli, Catherine Gooch, Patrick McDonough, Maureen Cowen, Dale Baker, Margaret Tollinger Susan Miller and several other residents. PUBLIC HEARING ON WATER DISTRICT 12, EXT. NO 2 Proof of Notice having been furnished, the Public Hearing to discuss Water District No. 12, Extension #2 was called to order at 7:00 p.m. Mr. Farkas asked if there was anyone from the district that would like to make any comments. Lori Rhoads, 10 Teeter Road asked how much longer and if they will be still grouped with the other water districts. Mr. Farkas stated that at this point the plans have not been changed and hopes to put all the water districts through at the same time. It was necessary to hold another public hearing as there were questions from Audit and Control about publication of the last one. This will not affect the change in cost, each one was priced out at its own merits. The only thing that would change the cost would be if a contractor bid lower than what was estimated. All persons derswu o Pe 4e4Td, having been heard, the Public Hearing was closed at 7:17 �.. ORDER AND RESOLUTION OF THE TOWN BOARD TOWN OF LANSING ESTABLISHING WATER DISTRICT 12 EXTENSION 2 SPECIAL TOWN BOARD MEETING DATE: SEPTEMBER 6, 2000 TIME: 7:00 P.M. PLACE: LANSING TOWN HALL BOARDROOM 1. CALL METING TO ORDER 20 ROLL CALL 3. PUBLIC HEARING - WATER DIST. 12, EXT, NO. 2 4. APPROVE MINUTES OF AUGUST 16, 20000 59 GO OVER PROPOSALS TO FIX SOUND SYSTEM IN BOARD /COURT ROOM. 6. PUBLIC COMMENT - RECOMMENDATIONS FOR CHANGE - LAND USE ORDINANCE. M September 06, 2000, continued WHEREAS, a group of residents along East Shore Circle having requested the creation of a water district extension to be known as "Water District 12 Extension 2: in the Town of Lansing, Tompkins County, New York, that request having been duly presented to this Town Board together with the necessary map, plan and report of the Town Engineer, and WHEREAS, an order was duly adopted by the Town Board on August 16, 2000, reciting the improvements proposed, the boundaries of the proposed district and the estimated expense thereof and specifying September 06, 2000 at 7:00 o'clock PM as the time and the said Town Hall in the said Town of Lansing as the place where the said Board would meet to consider the proposed water district extension and to hear all persons interested in the subject thereof, concerning the same and said Order setting a public hearing was published and posted as required by law, and WHEREAS, a hearing in the matter was duly held by the Board on this 6th day of September, 2000, commencing at 7:00 PM at the Town Hall in the said Town and considerable discussion upon the matter having been had and all persons desiring to be heard having been duly heard including many of the residents in person, a majority of such residents speaking in favor of the establishment of the proposed district: NOW, upon the evidence given upon such hearing and upon motion of Katrina Greenly, Councilperson, seconded by Meg Overstrom, Councilperson, and unanimously passed, it is RESOLVED AND DETERMINED, that (a) the petition, map, plan and report comply with the requirements of Sections 191 -a and 192 of the Town Law and the notice of hearing was published and posted as required by law, and are otherwise sufficient; (b) all the property and property owners within the proposed district extension are benefited thereby; (c) all the property and property owners benefited are included within the limits of the proposed district extension; and (d) it is in the public interest to establish the Water District 12 Extension 2; and it is further RESOLVED AND DETERMINED, that the establishment of a water district extension as proposed in said petition be approved; that the improvement therein mentioned be constructed and the service therein mentioned be provided for upon the required funds being made available or provided for; and that such district extension shall be designated and known as the "Water District 12 Extension 2: and shall be bounded and described as all of the properties shown on Schedule A. and it is further RESOLVED, that the proposed improvement, including costs of rights of way, construction costs, legal and engineering fees and all other expenses shall be financed as follows: the maximum amount proposed to be expended for the said Water District, as stated in the said Town Engineer's Map, Plan and Report, is the sum of One Hundred Sixty -Seven Thousand four Hundred and 00 /100 Dollars ($167,400.00), and with a proposed financing term of twenty years and an estimated bond rate of 5.50 %, the estimated annual cost for a typical property within the Water District is $778.20 plus the estimated average annual cost of water in the amount of $316.44, and estimated average one time hook -up fees for connection of the service line to the residence in the amount of $1,175.00, and it is further RESOLVED, that this resolution is subject to permissive referendum as provided in Town Law 209 -e in the manner provided in Article 7 of the Town Law, and it is further RESOLVED, that the Town Clerk of this Town shall within ten days after the adoption of this resolution file certified copies thereof in duplicate in the office of the State Department of Audit and Control at Albany, New York, together with an application by this Board in duplicate for permission to create such district as provided for by the Town Law, Section 209 -g; and that such application shall be executed by and on behalf of the Town Board by the Supervisor of the Town. 116 September 06, 2000, continued SCHEDULE A Water District 12 Extension 2 Vote of Town Board. Vote of Town Board. Vote of Town Board. Vote of Town Board. Vote of Town Board . APPROVE MINUTES 37.1 -7 -20 37.1 -9 37.1 -7 -16 37.1 -7 -19 37.1 -7 -17 37.1 -7 37.1 -7- 37.1 -9 12.1 37.1 -7 -18 37.1 -7 -13 37.1 -7 -27 37.1 -7 -22 37.1 -9 -1 37.1 -7 -21.1 37.1 -9 -6 37.1 -7 412 37.1 -7 -11 37.1 -7 -14 37.1 -7 -15 37.1 -9 -3 37.1 -7 -21.2 37.1 -9 -5 (Aye) Herbert Beckwith, Councilperson (Aye) Katrina Greenly, Councilperson (Aye) Meg Overstrom, Councilperson (Aye) Francis Shattuck, Councilperson (Aye) Stephen Farkas, Supervisor A copy of the minutes of August 16, 2000, having been given to the Board members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. RESOLUTION, offered by Mrs. Overstrom and seconded by Mrs. Greenly: RESOLVED, that the minutes of August 16, 2000 are hereby approved as submitted. Carried. PROPOSALS TO FIX SOUND SYSTEM IN BOARD /COURT ROOM The Board Members received two proposals to fix the sound system. Out of five solicited only two responded. Mr. Farkas asked the Board Members to review the proposals and a recommendation will be made at the next Board Meeting, PUBLIC COMMENT RECOMMENDATIONS FOR CHANGE - LAND USE ORDINANCE Mr. Farkas laid down the format for tonights public comment period. Mr. Farkas thanked the folks who had already sent recommendations in. If there is a group that is going to make a joint proposal that is all in one package that there be a spokesperson for the group. There will be more time allowed to explain the project. The meeting is for recommendations for changes in the existing document. Mr. Farkas stated that he does not expect it to go back into sessions as before, it is clearly a meeting to make constructive recommendations to change things and to be carried forward to begin the process. Mr. Farkas stated that he wanted to be very clear that there is a deadline presently on a moratorium on multi unit homes until December 31, 2000. Mr. Farkas stated that he did not 117 September 06, 2000, continued anticipate the moratorium going on beyond December 31, 2000, Mr. Farkas stated he wanted the process to move forward with recommendations and put it all together, to get the moratorium settled, and get the process rolling in creating the changes that we feel need to be changed. Mr. Farkas then asked for the public comment period to start Walter Poland - 7 Triphammer Terrace - A member of the Lansing Residents for Responsible Development - stated that along with him this evening is Doug Firth, also a member of the group, who will be sharing the presentation with him. Mr. Poland presented the following to the Lansing Town Board Members and Lansing Planning Board Members from the Lansing Residents for Responsible Development - Re: 1 st Review of Lansing Zoning Ordinances and Associated Recommendations To be made a part of the aublic record - Mr. Poland then read the following to the Board: Thank you for the opportunity to participate in the review of the Land Use Ordinance for the Town of Lansing. The Lansing Residents for Responsible Development (LRRD) was formed in response to potential development in an R1 District which did not seem in keeping with the intent of the ordinance as well as the 1994 Comprehensive Plan. The subsequent 60 day Moratorium (extended to December 31, 2000), meetings, discussions and attendance at Town and Planning Board meetings have brought us to a greater understanding of the complexities facing both Boards as they respond to constituent concerns for maintaining value of property and quality of life as assured by the purpose and intent of the Land Use Ordinance. A major purpose of the LRRD is to work with and assist wherever possible the Town and Planning Boards in their expressed intent to modify and improve the current Ordinance. We are in support of the Planning Board's decision to use the Ordinance that was recommended to the Town Board in 1997. The LRRD recommendations are therefore based on the 1997 Draft Ordinance. In addition, the 1978 Ordinance in effect at the time of review and change in 1998 has been used to further inform and contribute to the content of our recommendations. It is our sincere hope that the Town Board will support the recommendations which we believe will be forthcoming from the Planning Board. The discussions and decisions made at recent Planning Board meeting demonstrate knowledge, understanding and concern for the residents of RI and R2 Districts and our concerns for needed additions to the Land Use Ordinance. The LRRD in arriving at its recommendations has reviewed Ordinances from area Towns and Villages as a way to further understand the purpose and structure of Land Use Ordinances. Also New York State Town Law has contributed in a substantial manner to our knowledge of the Law and our understanding of the basis and purpose of such Ordinances (Zoning) in New York State and specifically the Town of Lansing. Recommendations of LRRD focus on: the definitions of low and moderate density, roles and responsibilities of various and relevant boards, and individuals appropriate avenues for re- dress, communication and notification regarding proposed development, safeguarding the environment, permitted uses in zoning district, and permitted densities in zoning districts Our recommendations will address immediate changes to the Ordinance in response to issues related to the Moratorium as well as longer term topics for further review by the Town and Planning Boards. September 06, 2000, continued Mr. Poland then introduced Mr. Firth. Doug Firth - 26 Aspen Way - The following immediate changes were submitted to the Town Board: Immediate Changes: ARTICLE III DEFINITIONS - Appendix I A.5 Appeal - Any person aggrieved by any decisions of any officer of the Town charged with the enforcement of this Ordinance may take an appeal to the Zoning Board of Appeals. A.98 Shared Housing - Up to three unrelated individuals occupying and sharing a one family dwelling. ARTICLE IV LAND USE CONTROL AREAS 402.0 Description of Descriptions - Intent Comment: We are recommending that portions of the intent for R1 and R2 districts from the 1979 ordinance be used in combination with the intent for Rl and R2 from the present ordinance. Intent 402.3 Residential Low Density (R1) District: The intent of the Rl district in the Town of Lansing is to designate areas where low density, predominately single family residential development is the basic land use pattern. Intensive development should be discouraged because of difficult terrain, inadequate roads, poor soils, or the absence of public utilities. Substantial limitations on the use of land is necessary to protect it for efficient future use and to preserve the residential character of existing neighborhoods, the value of development and the safety of residents. Intent 402.4 Residential Moderate Density (R2) District: The intent of the R2 district in the Town of Lansing is to designate areas where a mixture of varied types of residential development at a moderate development density is the desired use of the land. Typically, such areas will have public water service available but may encounter sewage disposal problems. Limitations on the use of land will be necessary to protect existing residential neighborhoods, to preserve residential values and enhance the quality of the environment. ARTICLE V DISTRICT REGULATIONS AND SCHEDULES 503.0 Schedule I and 504.0 Schedule II including the major points below and detailed in Exhibit A. Multifamily - Apartments, Condominiums, Townhouses and other forms not permitted in Rl R1 Does not qualify for PDA Minimum Lot size of 1 acre single family Adopt SEQR process as minimum requirement as found in Town of Ithaca Ordinance (see attached Exhibit B) All SC (Special Conditions) designations should become * designations requiring site plan review ARTICLE VI: GENERAL PROVISION 119 September 06, 2000, continued 610.0 SEQR Requirements: Should read " No action required by this Ordinance shall be taken until there has been compliance with applicable provisions of. . (Delete the word discretionary) Comment: Since the Town refers to compliance with SEQR several times in the zoning ordinance, it should be clear to the boards and the public procedurally how SEQR is conducted. Presently, this is not the case. Therefore, we recommend that the town consider adopting a local law for Environmental Review Regulations such as the one that the Town of Ithaca adopted in 1988. A copy of Town of Ithaca local law "Environmental Review Regulations" (Exhibit B is attached as an example). 610.1 Approval of the Planned Development Area. Comment: Conditions for approval of the PDA should include conditions in Sec. 701.5 and whether proposed use will adversely change the character or quality of the surrounding area. ARTICLE VII: SUPPLEMENTARY REGULATIONS 701.5.7 Off -site Impacts. The requirements from sections 803.1.3 should be added to this section. (Special Use Permits - General Requirements) 701.7 Site Plan Approval Procedure in Districts other than Rural and Agriculture be amended to read Site Plan Approval Procedure in Districts other than Rural and Agriculture but including PDA's 701.7.2 Hearing. Regulations state that the Planning Board "may hold a public hearing ". LRRD recommends that the "may" be changed to "shall". It further recommends that wording should be developed to accommodate notification standards and procedures as follows: LRRD recommends that public notice be given to invite comment during the preliminary approval process and according to wording suggested in a new section numbered 701.7.4 (See below) LRRD recommends at minimum that the Planning Board should consider whether the proposed use will adversely change the character or quality of the surrounding area, and the criteria listed in Sec. 701.51 701.7.3 Decision. LRRD recommends that public notice be given to invite comment during final approval process and according to wording suggested in a new section numbered 701.7.4 (see below) 701.7.4 Notification. (An addition in its entirety) In addition to public notification there shall be 45 day written notice by mail to all landowners within 600 feet of the outer boundary of any development under consideration at the preliminary and final reviews. All documents, changes and outstanding recommendations relating to the approval process shall be made available for viewing in the Town's Office simultaneous with these notifications. 707.0 Planned Development Area (PDA) Nwe September 06, 2000, continued LRRD recommends that a public hearing be conducted with the Planning Board prior to the Developer's Conference (707.5) so that public input can be factored into the Planning Board's decision making during the Developer's Conference We request that Section 707.7 be changed to read "Approval of the Preliminary Planned Development Area. We recommend that a public hearing be conducted prior to acceptance of the Final Development Plan (707.8) LRRD requests that the public be notified of any public hearing relating to a PDA in accord with the recommendation of the newly created section "701.7.4 Notification" above. 707.7.1 Comment: Pursuant to SEQR, no Town of Lansing agency may undertake, fund or approve an action (conditionally or otherwise) until the agency has performed an adequate environmental review. A conditional approval should not be granted until the SEQR process is complete. Comment: The town should notify by mail adjoining landowners within 600 feet and according to 701.7.4 above. 707.8 Final Development Plan. Comment: Since the PDA could have significant changes from the preliminary stage. The town should notify my mail adjoining landowners within 600 feet and according to 701.7.4 above. ARTICLE XII ZONING BOARD OF APPEALS Include recommended procedures similar to Town of Ithaca Appeals Process. (The attached Exhibit C is included to indicate detailed new sections and changes in language to be included in the Ordinance.) LRRD recommends that a formal appendix of variances be added to the Zoning Ordinance which will be updated within ten business days of any Town Board actions creating such variance. (By way of example see Exhibit D). LRRD would like to draw your attention to Longer -term topics for review which include: Establish guidelines and site development standards for PDAs and Subdivisions including the right to impose covenants on a deed when necessary prior to permitting or subdividing, Review all zoning intent statements (except RI and R2) for specificity, Review and update the 1994 Comprehensive Plan and the 1998 Zoning Map to ensure that they reconcile to each other and to the existing zoning ordinance (as amended at the conclusion of this process) and provide for long -range planning matters (for example utility development, green space, bike paths, town center and etc.) Review and define more fully occupancy rates, and Establish Building Review Board and associated responsibilities and processes. Once again the LRRD thanks the Town Board and the Planning Board for this opportunity to participate in the review and change process regarding the Land Use Ordinance (Zoning) in the Town of Lansing. We respectfully submit our recommendations for zoning ordinance modifications and changes to the Boards (based upon over 300 man hours of review and collaboration amongst ourselves). We thank you for your consideration of these and look 121 September 06, 2000, continued forward to our continued working and consultative relationship to ensure Lansing's responsible development. Please do not hesitate to contact us if you should have questions or need our participation on an immediate basis. Mr. Firth then addressed the Board and provided the following summary and reason for the changes: Article IV, Intent • LRRD recommends that portions of the intent for RI (low density) and R2 (moderate density) districts from the 1979 Ordinance be used in combination with the intent for R1 and R2 from the present ordinance. The new intents better describe the districts at present and going into the future and are more consistent with the Comprehensive Plan, Article V, Schedule I: Permitted Uses • Ordinance in affect from 1979 to 1998 did not permit multi - family (apartments, condos or townhouses) housing in low density residential district. • Draft Ordinance submitted to the Town Board by the Planning Board in 1997 did not permit multi - family housing in low density residential district. • Town Board changed the Draft Ordinance in 1998 to permit multi - family housing in R1 without requiring special conditions or site plan review. • LRRD recommends that multi - family housing not be permitted in R1 low density districts. • LRRD recommends that multi - family housing be permitted in R2 moderate density districts only after site plan review with public hearing. • We recommend that Planned Development Areas (PDA) are not permitted in R1. RI is designated primarily for single family residential development. The use of a PDA is too much dependant on the character and judgement of the Town Board rather than measures that may be quantified. While today's Town Board may exercise sound judgement during the PDA review process, tomorrow's board may not. • We recommend that in all permitted uses where special conditions apply that a site plan review including a public hearing be conducted. We request that the public be notified by mail of the proposed development in accordance with the notification procedure that we outline in newly created section 701.7.4. Article V, Schedule II: Dimensional Requirements for Lots • We recommend 1 Acre per dwelling unit for single family housing in RI with or without public utilities in order to define "low density ". • We recommend 0.5 Acre per dwelling unit for single family housing in R2 with or without public utilities in order to define "moderate density ". Article VI, State Environment Quality Review Requirements (SEQR) • Comment: Since the Town refers to compliance with SEQR several times in the zoning ordinance, it should be clear to the boards and the public procedurally how SEQR is conducted. Presently, this is not the case. Therefore, we recommend that the town consider adopting a local law for Environmental Review Regulations such as the one that the Town of Ithaca adopted in 1998. 122 September 06, 2000, continued Article VII, Supplementary Regulations (Site Plan Approval Procedure) • LRRD supports the use of the Planning Board as the lead agency for Site Plan review. • LRRD recommends that Site Plan Review must include a public hearing. Article VII, Supplementary Regulations (Planned Development Area) • In addition to the public hearing required at the Preliminary approval stage in section 707.7, LRRD recommends that a public hearing be conducted with the Planning Board prior to the Developer's Conference (707.5) so that public input can be factored into the Planning Board's decision making process during the Developer's Conference. • We recommend that a public hearing be conducted prior to acceptance of the Final Development Plan (707.8) since the PDA could have significant changes from the preliminary stage. • LRRD requests that the public be notified of any public hearings relating to a PDA. Article XII, Zoning Board of Appeals • LRRD recommends procedures similar to Town of Ithaca Appeals Process in Exhibit C. • LRRD recommends a formal appendix of variances be added to the Zoning Ordinance which will be updated within ten business days of any Town Board actions creating such variance (See example in Exhibit D). LRRD would like to draw your attention to Longer -term topics for review which include: • Establish guidelines and site development standards for PDA's and Subdivisions • Review all zoning intent statements • Review and update 1994 Comprehensive Plan to ensure that it reconciles with the existing zoning ordinance and provides for long -range planning matters • Review and define more fully occupancy rates, and • Establish a Building Review Board and associated responsibilities and processes. Once again the LRRD thanks the Town Board and the Planning Board for this opportunity to participate in the review and change process regarding the Land Use Ordinance in the Town of Lansing. We respectfully submit our recommendations for zoning ordinance modifications and changes to the Boards. We have spent a lot of time reviewing them and we have learned a lot during the process. We thank you for your consideration of these changes and look forward to working together to ensure Lansing's responsible development. record: The LRRD also submitted the following to the Board and to be made a part of the public Actions recommended by the LRRD concerning The existing Town of Lansing Land Use Ordinance Town of Ithaca Environmental Review Regulations 123 September 06, 2000, continued Actions recommended by the LRRD concerning the existing Town of Lansing Land Use Ordinance A. Scrap the existing "Town of Lansing Land Use Ordinance" in its entirety. B. Substitute the "Draft of Proposed Zoning Amendments, Town of Lansing, dated October 1996 and last revised Nov. 10, 1997 ", in its entirety. C. %Modify this substituted document as follows: L Change some cells in ARTICLE V, SECTION 503, SCHEDULE I as indicated below. Strikeouts indicate deletions with substitutions immediately to the right in bold. P = Permitted as of Right SC = Special Conditions Apply (see Sec 802) SP = Special Use Permit Required (see Sec. 803) N = Not Permitted * = Site Plan Review Required (see Sec. 701) LAND USE OR ACTIVITY A. RESIDENTIAL USES 9• ^::ellifig, aseessef - Building, accessory C. BUSINESS USES 3. Farming - poultry 4. Farming - livestock 6. Commercial plant nursery; greenhouse 11. Nursing home; hospital; health related clinic 12. Residential (home) business or occupation 14. Public stable 15. Kennel; animal boarding 17. Veterinary hospital 19. Commercial recreation; indoor, whether or not for profit D. 1. Planned development area Ia 0 S° on3.2T N -P- SC* 802.80 SP* 803.2.11. SC* 802.9. SP* 803.1. •9 . . 2. Change some cells in ARTICLE V, SECTION 504, SCHEDULE I1 as illustrated below. Strikeouts indicate deletions with substitutions immediately to the right in bold. Q F, N zz ww Q� w3 w/Public Sewers or Water Two / Public Sewers or Water �0 RI Ia 0 S° on3.2T N -P- SC* 802.80 SP* 803.2.11. SC* 802.9. SP* 803.1. •9 . . 2. Change some cells in ARTICLE V, SECTION 504, SCHEDULE I1 as illustrated below. Strikeouts indicate deletions with substitutions immediately to the right in bold. ^- -- - -_ - -. . -- --- v-w Building yP Type Minimum Lot Area (sf X 1000) (see below) w/Public Sewers or Water Two / Public Sewers or Water RI S 40 -40 of- 14D 40 -- ..... -- . 4-9- D 30 per DU 40 of RD 30 per DU �? DU 4.......................................... -0 per -4A- F 141 30 per DU p............. N .......... ................ 40 4 0 of r14D 40 ^- -- - -_ - -. . -- --- v-w 124 September 06, 2000, continued 3. Change the keys under Schedule II as follows: HD = Health Department approval, DU = dwelling unit Building Type: S = single dwelling unit D = 2 dwelling units (including duplex) M = multiple dwelling units (3 or more units) N = non - residential or mixed development Note: It was necessary to change the "a.,b.,c." definitions of Building Types since "a ". cannot be changed from "I or 2 units " to "1 unit " without messing up the use of "a. " in all of the other Districts. 4. Add R 1 to 802.8. 5. Delete RI from 803.2.2., 803.2.3., 803.2.4.1 803.2.51, and perhaps 802.6. (see "Create 803.2.11." below) 6. 'Change definition A.98 to: Shared Housing. Up to -six- three unrelated individuals occupying and sharing a one family dwelling. 7. In the Building Types column of Schedule II, for all Districts other than R 1, also change all instances of "a." to "S,D ", "b." to "M ", and "c." to "N ". 8. Change "Footnotes for Schedule II" as follows: Delete paragraph 5. Renumber 6 to 5 Renumber 7 to 6. Add paragraph 7 as follows: In congregate housing facilities or nursing homes, five sleeping rooms or accommodations without kitchen facilities constitute one dwelling unit, and one detached dwelling unit constitutes one dwelling unit. Applicable Schedule II parameters are those for Building Type M using dwelling unit as here defined. Add paragraph 8 as follows: Schedule II is not applicable where the Land Use or Activity is not permitted in Schedule I. 9. Define "Accessory use related to residential development ", or delete item 16, Schedule 1, Residential Uses. Te uo►i 10. Change 1200.0. to use the sril-lagc of Lansing appeal language. 11. Create 803.2.11. (not 803.1.8.) NURSING HOME; HOSPITAL; HEALTH RELATED CLINIC IN ?, R1, ? AND ? DISTRICTS Permitted when: (or leave Schedule I, Residential Uses, item I I, RI district = SCE` 802.6.) a. ENVIRONMENTAL REVIEW REGULATIONS (share Uw Wit Perm for POW{ 2eue LOW Law suit the swet"I of Slate) Taal of law dweld M Oua " anwod'd. Do out Include unit'( 4'Ind d6s6ulad iad do act eaa 111110 01 uud"lluIn f to Wdlul' now Pull". or�Ithaca . 10 ® Local Law No. ' ' S of the year 19 88 PROVIDING FOR ENVIItONHENTAL REVIEW OF ACTIONS IN THE A local law w. ,nil TOWN OF ITHACA Town Doard ar die da II enacted L7 the Ithaca " fo110 "'t Tows V= sr.CTION I. Purpose. Tile purpose of this Local Law is to implement, for the Town of Ithaca, the State Environmental Quality Review Act ('SEQRho) and the provisions of 6 NYCM Part 617 as hereinafter defined. The intent of the state Environmental Quality Review Act and this Local Lev is to provide a procedural framework for tine inclusion of environmental considerations into the local decision-making process of negative enimpacts- It le time and for vironmental social, economic, and environ mental w mentalfactors be incorporated into the planning, rovlew and doclsion- making processes of tho 'town of Ithaca. It is not the intention of SEQM and this focal Law that environmental factors its the sole or, necessarily, controlling consideration in the decision - making process. ccCTION -II. Definitions. The words used in this Local Law shall have the same meaning as such words are defined in Article 0 of the Environmental Conservation Law and 6 HYCRR Part 617.2 as the some may be amended from time to time, unless the context requires a dlfferent manning. The following terms shall have the following meaning: 1 rt b in Articlet0 Of a°t the Environmentalc conservation Law. forth 2. Part 617 - Volume 6 of the Nov York Code ol; Rules and Regulations Part 617 (6 NYCM 617)0 '- ee��emeew�eeee�s� . September 06, 2000, continued 2, CAP - Full Environmental AOeodemant Form, 6. S /EAF - Short Environmental Assessment Form, 5. EIS - Environmental Impact Statement, 6. D /EIS - Draft Environmental Impact Statement. 7. Town - the Town of Ithaca. The following terms shall be defined and have the meaning as sot forth In 6 NYCRR 617.2; sActione•; 'Exempt Action'! 'Excluded Action'; •Type I Action'; •Type II Action•! 'Unlisted Action'; 'Lead Agency'; •Involved Agency•; •Critical Environmental Area.• Section III. Classification of Actions. 1, All actions may be classified as set forth in (a) through (e), below, and as are defined in 6 NYCRR 617.2. a) Exempt - enforcement proceedings,. ministerial acts, maintenance and repair involving no substantial changes, and emergency actions on ■ limited and temporary bash; b) Excluded - Conerally, those actions approved prior to November 1, 1970; or requiring s certificate of environmental compatibility under the Public 8ervlce Law; c) TYPO II - actions which have been determined leglelatively not to have a significant affect on the environment, consisting of actions listed in 6 NYCRR 617.13 Or in Section VI of this Local Law, d) Type I - actions which are most likely to require Preparation of an Environmental Impact Statement, consisting of actions listed In 6 NYCRR 617.12, In Section V of this Local Law, or in any similar listing adopted by an involved agency) . e) Unlisted - not otherwise listed but which require environmental significance to be determined. 21 If any action meets the definition of an Exempt action or an Excluded action, the SEOM review shall terminate in accordance with 6 NYCRit 617.6 (a)(1) regardless of whether such action would otherwise meet the definition of a Type I action, Secon IVs Designated Person or Department. A person or dtiepartment of the Town of Ithaca designated by the Town Doard shall: 1. Aid in determining whether the proposed action is (a) Exempt, (b) Excluded, or (c) Type II, using the strictest interpretation of Part 617 and this Local Law, Where any doubt exists, such determination shall be referred to the lead agency as designated under tl:e provisions of Section IX Of this Local Law and to the Town Doard in all other cases. 2. Aid in designating the lead agency and make recommendations therefor. 2. Perform preliminary review of all applications, EAF's, S /EAF's, D /EIS's, EIS's and supporting documents to determine probable sufficiency ae content, to scope, form and 6, Require that tl:e applicant complete an EAF if: a) any question in Part II of the S /EAF has been answered 'Yes', (b) the scope of proposal requires more detail or, (o) in the first instance, if the S /EAF would not provide the lead agency with sufficient information on which to base its determination of significance. 5. Aid the applicant with any questions concerning forms or the environmental review process, 6, Determine whether applications, including all pertinent environmental documents, appear to be sufficient; and forward such application materials to the appropriate Town lead agency with a recommondation concerning environmental significancs within a reasonable time to allow for review at the Tovn lead agency meeting at which the application is scheduled to be considered. 7, Assist agencies and applicants to identify' other agencies including, federal and state agencies, that may be involved in the 'approving, funding or carrying out of Type I and Unlisted actions. Tile burden for determining other involved agencies shall nevertheless rest solely on the applicant. 'S, Assist in the scoping of tho D /EIS (when a Town agency is either a lead agency or an involved agency.) SLCIION V, Type I Actions. •In addition to those actions listed in 6 NYCRR 617.12, the following are hereby designated as Type I actions: 1. Any of the following changes In tl:e uses allowed by local law, ordinance, rule, regulation, special permit, voriands or otherwise, within any zoning district or districts which result in such chango in use applying to a parcel or parcels of land of ten (10) or more acres in the district or districts: a) authorization of industrial or commercial uses within a residential or agricultural district; b) authorization of residential uses within an agricultural district. 1. The construction of new residential units which most or Oxcaed the following thresholda: a) tan (10 wilts M& to be'connected (at commencement of habitation) to community or publicly -owned utilltlea; b) thirty (20) units to be connected (at the commencement of ' habitation) to community or publicly -owned .utilities. 0. The construction, alteration, or demolition of non- facilities facilities which meet or exceed any of the thresholds set forth in aaa through •d• below, or the expansion of an existing non - residential facility by more than fifty per cent (50%) of any such thresholds, provided that the expansion and tl:e existing facilities, when combined, most or exceed any threshold contained In Section V and 6 NYCRR 617.12: a) an action which Involves the physical al (10) acres; teration at ton aa.mv _• 125 12 6 September 06, 2000, continued b) an action which would use ground or surface water In excess of 100,000 gallons per day; c) parking for 100 vehicles; or d) a facility with more than 250000 square feet of gross floor area. 69 Any action which takes place in, or within 250 feet of, any Critical Environmental Area designated by a governmental agency pursuant to 6 NYCRR 617.46 5.' Any facility, development or project which is to be located in a designated freshwater wetland. 6. Mining of more than 1,000 tons of minerals removed from the earth within twelve (12) successive calendar months. The definition of mining and minerals shall be the same as that in the Nov York State Mined Land Reclamation Law, being Section 21 -2705 (7) and (0) of the Environmental Conservation Law, 7. Any facility, development or project which would generate more than 2,000 vehicle tripe per any eight (0) hour period per day. 0. Any facility, development or project which, when completed, would generate dual -wheal truck traffic of more than ten (10) vehicles per any eight (0) hour period per day. 9. Any facility, development or project which would exceed Nov York •State or Federal Ambient Air quality standards, whichever is more restrictive. 10. Any facility, development or project which would exceed New York State or Federal Hater Quality standards, whichever is more restrictive. 11. Abandonment of a Town highway or highways, or any portion thereof, whether or not such highway or highways is shown on the Official Town Highway Map, SECTION VI. Type II Actions. In addition to those actions listed in 6 NYCRR 617.17, the following are hereby designated as Type II actions: 1. The construction or alteration of a single or two - family residence and accessory structures: a) not in conjunction with the construction or alteration of two or more such residences and, b) not in, or within 250 feet of, a designated Critical Environmental Area, designated freshwater wetland, or designated area specially protected by legislation of any local, county, state or federal governmental body. 2. The extension of water, sever, gas, electric, telephone, or television cable utility facilities to serve new or altered single or two- family residential structures or to render service In approved subdivisions, if not in, or within 250 feet of, an area specified In paragraph 1(b) of title Section vl. 1. The construction or alteration of a store, office, or restaurant, provided: a) such use is permitted under any local law, ordinance, rule or regulation, b) such store, office, or restaurant 1a designed for a maximum occupancy of twenty (20) persons or less, and c) such store, office, or restaurant is not in, or within 250 teat of, an area specified in paragraph 1(b) of this Section VI. 4. The operation, repair, or maintenance of existing structures, facilities, land uses, and equipment. 5. All tree planting, landscaping, and trimming by the Town of Ithaca Highway Department, 6. The reconstruction, replacement, or restoration of existing structures, facilities, roadways, and equipment located on the same site and having the same purpose, including, but not limited to: a) roadways, shoulders, curbs, ditches, bridges, culverts, and intersection safety devices. b) deteriorated or damaged structures, facilities or mechanical ayuipment which need reconstruction, replacement or restoration to meet currant standards of public health and safety. SECTION VII. Types of Actions. Actions may include projects or physical activities Which change -the use or appearance of any natural resource or structure or are planning activities of an agency that commit an agency to a course of further decisions, or agency rules, regulations, procedures and policy making, or a combination of any of the above actions. Such actions may be classified ass 1. Direct actions - directly undertaken by an agency! 2. Funding actions - involving funding by an'agencys 7. Permitting notions - requiring one or more permits from an agency or agencies. Section VIII. Required Forma - Initial Review, X. All direct -actions, funding actions, or permitting actions .to be carried out, funded or approved by any agency, board, body, or officer of the Town shall require the preparation oft a) an EAF if a Type I action or if an Unlisted Action where a S /EAP would not' provide the lead agency with sufficient Information on which to base its determination of significance. b) a S /EAP for all other Unlisted actions. If any question on Part II of a S /EAP is answered "Yee•, or, it the lead agency or person designated pursuant to Section IV of this Local Law deams that more detalled information is needed, an EAP is required. 2. All application materials shall be submitted at least fifteen (15) days prior to the meeting of the lead agency at which the application is scheduled to be heard. SECTION Ix. Lead Agency. The lead agency shall' be determined as followas 1. Aotion involving one agency. where a single agency: a) has proposed to directly undertake an action which does not require funding or approval of any other agency, or dSA�ilf ' :i X�a' iKF '.l% September 06, 2000, continued 12 7 b) has received an application to fund or approve an action over which no other agencies• have approval authority, that single agency shall be called the •lead agency•, and such final designation of- lead agency shall be made as follows: i) The Town Board shall be the lead agency with respect to the following:, the adoption, the amendment, or change in any zoning law, ordinance, rule or regulation governing the use of land and the construction, alteration or maintenance of improvements to real property; the amendment or changing of the Town Zoning Map; the abandonment of a Town highway or highways, or any portion thereof; the construction or expansion of Town building, structures and facilities within the Town; the purchase, sale or lease of real property by the Town. il) The Zoning Board of Appeals shall be the lead agency with respect 'to interpretation of all zoning lava, ordinances, rules or rogulationa, and the granting of variance or special permits. 111) Tike Planning Board shall be the lead agency with respect to subdivision approvals, site plan approvals and sign approvals. 2. Action involving Multiple Agencies. Where an agency has proposed to directly undertake an action or has received an application for an action requiring funding or approval by more than one agency, the agency may conduct an uncoordinated review of the action or the •Lead Agency' shall be determined in accordance with 6 NYCM 617.6 (d). 0. Where the lead agency cannot be determined the above guidelines and all involved agencies, the Town Board shall designate unless any provisions of the Environmental or any rules and regulations adopted by Environmental conservation supersede or respect over this Local LAW, by application of :gentles are Town the lead agency, Conservation Lev, the Department of prevail in this SECTION X. Determination of Environmental Significance, 1. After being duly designated, the lead agency shall make a determination of environmental significance pursuant to Part 617. All determinations by tike lead agency alkali be by resolution duly adopted by tike lead agency. 2. Such determination of -environmental significance shall be one of the following: a) Negative Declaration of Environmental Significance. Upon a determination having been made and filed that the proposed action will not have a significant effect on the environment, the action shall be processed without further regard to SEQM, Part 617 or this Local Law. b) Conditioned Negative Declaration of Environmental Significance. Upon a determination having been made, filed and publlslied that the action, no initially proposed, may result In one or more significant adverse environmental effects, but that mitigation measures, identified and required by the lead agency pursuant to the procedures in Part 617, will modify the proposed action so that no significant adverse environmental impacts will result, the action will be processed as a negative declaration; provided, however, that no comments are received during the public comment period which would require the submission of a D /EIS pursuant to G NYCRR 617.6 (h)(2). A conditioned negative declaration can only be given for an Unlisted Action in which an lull ZAP has been prepared and coordinated review has been undertaken, C) Positive Declaration of Environmental Significance. Upon a determination having been made and filed that the proposed action may have a significant effect on the environment, tike applicant and all other involved Agencies shall be notified in accordance with 6 NYCM 617,10 that a D /EIS Is required. SECTION XI, Negative Declaration of Environmental Significance. A Negative Declaration of Environmental Significance slkall be prepared, filed and mailed as prescribed in 6 NYCM 617.10 (a). SECTION XII. Conditioned Negative Declaration of Environmental Significance. A ;katiCa of Nagative Declaration of Environmental significance shall be prepared, filed and published in the Environmental Notice Dulletln pursuant to G NYCM 617.G(ik), and 617.10(a)(2). The Notice slkall State that tike Conditioned negative declaration has been issued, what conditions have been imposed and the length of tike comment period established by the lead agency. In no case shall the comment period be less than 20 days. Notwithstanding the above, a D /EIS shall be prepared if any of the conditions set forth in 6 NYCM G17.6(h)(2) or (3) are mat within the public comment period. SECTION xIII. Positive Declaration of Environmental Significance, 1. If the lead agency makes ' a Positive Declaration of Environmental Significance, thus requiring that a D /EIS be prepared, the matter shall be processed as provided In Part 617. 2. In the case of an application for approval or funding, tile D /EIS shall be prepared by tike applicant or by the agency, at the option of the applicant. The applicant shall notify the agency within 20 days' of the filing of the Notice of Positive Declaration as to whether the applicant or tike agency shall prepare the D /EIS. If the applicant does not elect to prepare the D /EIS, the agency shall prepare it, cause it to be prepared, or terminate its review of tike proposed action. Upon receipt of the D /EIS, the lead ago:kcy shall determine by resolution whether to accept tike D /EIS as satisfactory as to scope, form and'adequacy. .2. Upon the adoption by the lead agency of a resolution to accept the D /EIS, the lead agency shall file a Notice of Completion of the D /EIS in accordance with the requirements provided in 6 NYCM 617.10. 6. All time limits applicable to tike processing of a D /EIS and EIS shall commence to run on the date of filing of the Notice of Completion of the D /EIS. SECTION M, Time Limits, 1. M application, shall be deemed recotved for the purposes of Q September 06, 2000, continued 16 NYCRR Weil (a) when the lead agency has doomed the application, along with pertinent environmental forms, to be complete. 1. An application for a permit or funding shall be deemed complete insofar as the SEDM process has been completed when, as is appropriate in each case, one of the following events occural e) The action has been determined to be Exempt, Excluded, or a Type II action. Ell A Negative Declaration of Environmental Significance has been issued and such declaration has been filed pursuant to 6 NYCRR 617.10. C) A Conditioned Negative Declaration of Environmental Significance has been issued and such declaration has been duly filed and published pursuant to Part 6171 provided that no comments have been received within the comment period which would require the submission of a D /EIS pursuant to 6 NYCRR 617.6 (h)(2)4 d) A written findings statement on a final EIS has been approved =and filed pursuant to 6 NYCRR 617.10, except that the lead agency may, in its sole discretion, determine that an application for funding or approval shall be deemed complete upon the acceptance by the lead agency of a D /EIS as to scope, form and adequacy. • SECTION XV, Public Hearings, Public Hearings on the D /EIS shall be hold concurrently with any hearings required to be held by other involved agencies to the fullest extent practicable. SECT7DN M. tees. The lees for review or preparation of an EIS involving an applicant for approval or funding of an action shall be determined by tine lead agency for each ouch application. Tile fees shall be based on the actual cost to the Town for reviewing or preparing the EIS, including the coat of hiring consultants, the salary time of Town employees and actual disbursements incurred as a result of the review or preparation' of the EIS, but in no event shall the fees be greater than that established in 6 NYCRR 617.17, SECTION X-II. Critical Areas. Critical areas of environmental concern may be designated by the Town Board pursuant to 6 HYCRR 617.4, SECTION XVIII. Actions involving Federal Agencies. Environmental review of actions involving a federal agency shall' be processed in accordance with 6 HYCRR 617.160 SECTION X7X. Effective Date. This Local Law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with Section 17 of the Municipal Ilona Rule Law. (Complete Elio certification In the ParagraphwhIcb applies to ilia filing of this local low and strike out 1110 manor thotsin which Is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that ilia local low entitled bcreto, de aigtiotcJos loco I low No. ?.......or 19 88 of tiro �of_ Ithaca _� was duly posted by the Town Board Town (na.. .I 4tl•I•tl•• Udrl on__ April 11,19_ 88 In accordance with the epplicatio provisions of law. 2. (I•ossago by local loglalativo body Willi oppruvul or no J16rrpprovnl by liloctivo Chlof Exocutivo Officer, or lop■ssugo allot disapproval.) I hereby certify that the local low annexed bcreto, deslguatedas local law No. ___.__.___of 19_. County of the City f woa July ),osacd by thT own ......-_ U•e,) Village not disapproved And was Approved by the . .__ ..._....._._ rCI)eaaed after disapproval. tl.atl.. call e;...n.• dll•r and was deemed duly adopted on_._......___.._ ............._ „..__. „....19._._ , in accordance with Lilo applicable provisions of law. 7. (Final adoption by roftrondum.) I bertbycertify that the local law annexed hereto, designaledas local law No. ft ... of 19_... County of tine Town °f'”— `” —"""'" was duly passed by tlrg_______...__ . ___:._.__..._..__ —_ lN•.• d 10441.1.41.• U•erl Village not disapproved on And was approved by repassed after disapproval G••t6• Cll.l �••erl•, 011l.r oa__ _ ._..___ _ ____ •_ _ �___ iA __. Such local low was subu fitted to ilia people by reason of A mandatory referendum, and received ilia affirmative vote of a lnojority of tile qualified electors voting perodsslvc general thereon at ilia special election held (11 accordance with tine appli° annual cable provisions of low. 4. ($ubjoct to permissive roforoodum,ond (inul adulation 6e4:ae00 no VAN potltlun hied ,oquosting referendum.) I hereby ceniry that ilia local low onnexed hereto, designated as local low Not __...__...._ of 19._.... County of ilia Town of was duly passed by tiro_.._ » _»__ .„___. ..... . ... ......._._�___on Ut•r• el i•ellrh. 1141 VIIIAga not disapluoved and was oi)lxovcd . by the.__... _.._ . „_..._....._._...____on repassed after disapproval G.•d.• txll G•••dn pllor _19........ Such local law bc(ug subject to o permissive referendum and no valid pciition requesting such rcrcrendum having been filed, sold local law was deemed July adopted on 19_..., in accordance with the applicable provisions of law. •FJtclhe Cbkf Executive Officer mratu or badader the chkf ueeutht officer of a tvunly eleeled one countywide bub Ott If then be none, the chahmaa of the county Itthlatlte body, The nuyor of a city or vlSate or The auptrvlwr or A Iowa, when such officer it vested with power to approve at veto local lain or ordlnanaa. �— w September 06', 2000, continued ILJ SECTION 77. Board of Appeals. There is hereby established a Board of Appeals which shall function in the manner prescribed by law (except as the Town Law is superseded as set forth below). 1. There shall be five members of the Board of Appeals. The members of the Board of Appeals shall be residents of the Town of Ithaca and shall be appointed by the Town Board to serve for terms as prescribed by law. Vacancies occurring in said Board by expiration of term or otherwise shall be filled in the same manner. No person who is a member of the Town Board shall be eligible for membership on the Board of Appeals. 2.. The Town Board shall designate the Chairperson of the Board of Zoning Appeals. The Board of Zoning Appeals shall choose its own Vice - Chairperson who shall preside in the absence of the Chairperson. In the absence of both the chairperson and vice - chairperson, the Board of Appeals shall choose one of its number as acting chairperson. Such chairperson, or the party acting as chairperson in the chairperson's absence, may administer oaths and compel the attendance of witnesses. The Board of Appeals may appoint a secretary who shall take minutes of all its meetings and keep.its records. 39 The Board of Appeals shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this ordinance and all its resolutions and orders shall be in accordance therewith. 40 Any person aggrieved by any decision of any officer of the Town charged with the enforcement of this ordinance may take an appeal to the Board of Appeals. 59 The Board of Appeals shall, in accordance with the provisions of this Ordinance and in accordance with the provisions of Town Law Sections 267 et. seq. (except as the same are superseded by the provisions of this Ordinance) hear and determine appeals from any refusals of a building permit or certificate of occupancy by the person designated by the Town Board, or review any order or decision of said person where such order or decision is based upon the requirements of this ordinance. 6. The Board of Appeals, on appeal from the decision or determination of the Town Building Inspector and Zoning Enforcement Officer, shall have the power to grant use and area variances (as the same are defined in Town Law Section 267). (a) AREA VARIANCES. In addition to any other requirements set forth in this Ordinance, the Board of Appeals, in determining whether to grant an area variance shall consider all of the matters set forth in Town Law Section 267 -b including specifically the considerations set forth in Section 267 -b 3 (b) and (c). (b) USE VARIANCES. (i) In addition to any other requirements set forth in this Ordinance, no use variance shall be granted unless the applicant shall show that applicable zoning regulations have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that (A) Under applicable zoning regulations the applicant can not obtain a reasonable economic return from the property in question, which insufficient return must be established by competent financial evidence; (B) The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; (C) The requested use variance, if granted, will not alter the essential character of the neighborhood; and (D) The alleged hardship has not been self- created. 130 September.06, 2000, continued (ii) The foregoing criteria are intended to supersede, in accordance with Municipal Home Rule Law Section 10 1 (ii) d (3), the criteria for granting use variances set forth in Town Law Section 267 -b 2 (b) and in particular the requirement that to obtain a use variance the applicant must demonstrate that the applicant is deprived of all economic use or benefit from the property. (iii) All other criteria and provisions contained in Town Law Sections 267 et. seq., except the requirement that the applicant demonstrate that the applicant is deprived of all economic use or benefit from property, are applicable to use variances in the Town of Ithaca. 74 The Board of Appeals shall also hear and: decide all matters referred to it or upon which it is required to pass by the terms of this ordinance. In deciding such matters referred to it by the terms of this ordinance and in gran ting special approval the Board of Appeals shall determine that. (a) The health, safety, morals and general welfare of the community in harmony with the general purpose of this ordinance shall be promoted, except that as to all public buildings and educational buildings wherein the principle use is research, administration, or instruction, the same shall be presumed to exist. (b) The premises are reasonably adapted to the proposed use, and that such use, except as to public and educational buildings, will fill a neighborhood or community need. (c) The proposed use and the location and design of any structure shall be consistent with the character of the district in which it is located. (d) The proposed use shall not be detrimental to the general amenity or neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants. (e) The proposed access and egress for all structures and uses shall be safely designed. (f) The general effect of the proposed use upon the community as a whole, including such items as traffic load upon public streets and load upon water and sewerage systems is not detrimental to the health, safety and general welfare of the community. (g) Lot area, access, parking, and loading facilities are sufficient for the proposed use. (h) Natural surface water drainageways are not adversely affected. 8. In granting variances or special approvals or special permits the Board may impose upon the applicant such reasonable conditions as are directly related to and incidental to the proposed use of the property or the-period of time such variance or special approval or permit shall be in effect. Such conditions shall be consistent with the spirit and intent of the zoning ordinance or local law, and shall be imposed for the purpose of minimizing any adverse impact such variance, approval or permit may have on the neighborhood or community. 90 Where the terms of this Ordinance require a matter to be referred to the Planning Board for a recommendation before action is taken by the Board of Appeals, the Board of Appeals shall not hear the matter unless and until the Planning Board has reviewed the matter and recommended the action affirmatively. The Planning Board shall act within 60 days of receipt of the application. Failure to act within such time period shall be deemed an affirmative recommendation unless the time to act is extended with the applicant's consent. In the event the Planning Board recommends affirmatively, but with conditions, the approval of the Board of Appeals shall include the Planning Board's conditions, plus any additional conditions the Board of Appeals deems necessary. 100 Unless work has commenced in accordance with the variance or special approval given by the Board of Appeals within one year from the issuance of the building permit authorizing such work, or within eighteen months of the granting of such variance or special approval, whichever is earlier, not only the building permit but the variance or special approval shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the issuance of such special approval or variance. September 06, 2000, continued SECTION 78. Planning Board Recommendations. In making recommendations to the Town 1 Board and the Board of Appeals, the Planning Board shall determine that: 1. There is a need for the proposed use in the proposed location. 2. The existing and probable future character of the neighborhood in which the use is to be located will not be adversely affected, 3, The proposed change or use is in accordance with a comprehensive plan of development of the Town. In addition, when making recommendations to the Board of Appeals with regard to special approvals, the Planning Board shall 40 Make the same determinations as are required of the Board of Appeals pursuant to Section 77, subdivision 7 of this Ordinance; and 56 Be empowered to recommend such reasonable conditions as the Planning Board deems necessary to protect the general welfare of the community. SECTION 7&A. Posting of Notices. In addition to any other notice required by law, a public notice shall be posted by the applicant on the property that is the subject of certain applications as set forth in this section, 1. The sign shall be so posted in the following circumstances: (a) If a variance, special approval, special permit, or determination is being sought from the Zoning Board of Appeals and the matter is not required to be heard by the Planning Board before action by the Zoning Board of Appeals, the notice shall be posted before the initial Zoning Board of Appeals public hearing on the matter. (b) If a variance, special approval, special permit, or determination is being sought from the Zoning Board of Appeals but a recommendation relating to such action must first be received by the Board of Appeals from the Planning Board before the Zoning Board of Appeals determines the matter, the notice shall be posted prior to the first Planning Board public hearing on the matter, (c) If a subdivision or site plan approval is being sought from the Planning Board, the notice shall be posted before the first Planning Board public hearing on the application. (d) If the application is for rezoning of a parcel or parcels of land in conjunction with a proposed development on same a notice shall be posted and it shall be posted prior to the initial Planning Board hearing on the proposed rezoning. If the rezoning is a rezoning generally of the neighborhood independent of a particular application for a particular project, or is a rezoning of an area of more than 300 acres, there shall be no posting requirement unless the Town Board directs such posting, In such event the Town Board may designate the location and frequency of such posting, which may be different than otherwise required hereunder, 2, The posting shall occur at least 14 and not more than 30 days before the first meeting of the Board at which the matter is to be heard as set forth above, 3. The sign shall be posted in a location clearly visible from the roadway at or near the center of each of the property lines of the property under consideration which property line fronts on an existing public or private roadway. If the road frontage exceeds 1,000 feet, signs shall be posted at 500 foot intervals along the frontage. When the Town Planner or Town Building Inspector and Zoning Enforcement Officer finds that the particular circumstances of an application warrants more signs than required by this provision, the applicant shall post such additional signs as may be directed by either of such officers. 49 Such signs shall be continuously maintained by the applicant and displayed facing the roadway until final action has been taken by the Board involved approving or denying the application or appeal, or until the application is withdrawn. Signs shall be removed within 15 days of the final action or withdrawal of the application, September 06, 2000, continued 13 2 I 59 The required signs shall be obtained from the Town Planner, Town Building Inspector and Zoning Enforcement Officer, or Town Clerk and shall contain the information set forth on the form of sign supplied by the Town. There shall be no fee for the first sign. If additional signs are required the applicant shall pay a non - refundable fee for each subsequent sign or replacements thereof. The fee shall be $3.00 per sign. 6. Failure to post or maintain the signs as provided in this section shall not be a jurisdictional defect and any action taken by any Board in connection with the application shall not be nullified or voidable by reason of the failure to comply with this section. However, the failure to post or maintain the sign may be grounds, should the Board involved in its discretion so determine, to deny the application sought or to decline to hear the matter at the scheduled meeting date by reason of the failure to have the • apptopriate signs installed and /or maintained. The appropriate Board may, on good cause shown, waive the requirement of the posting of signs as called for by this section. SECTION 79. Violations and Penalties. Pursuant to Section 268 of the Town Law any person, firm, corporation or other entity violating any provision of this Ordinance or any provision of the subdivision regulations of the Town of Ithaca shall be deemed guilty of an offense and upon conviction thereof shall be subject to a fine or to imprisonment as provided in Section .268. Each week's continued violation shall constitute a separate offense. Notwithstanding the Town of Ithaca, the a subdivision as long as by the subdivider, is in law or pursuant to cond the Town of Ithaca. any other provisions of this Ordinance or the subdivision regulations of Planning Board may refuse preliminary or final subdivision approval to the subdivider, or any person or entity under the control of or controlled default in the performance of any actions required of them pursuant to itions imposed in connection with a previously approved subdivision in SECTION 80, Amendments. This ordinance may be amended as provided by law. SECTION 81. Validity. The invalidity of any section or provision of this ordinance shall not invalidate any other section or provision thereof. SECTION 82. When Effective. This ordinance shall be in force and effect immediately upon adoption and publication as provided by law. SECTION 83. Existing Zoning Ordinance Amended, Re- Adopted and Re- Enacted. The existing Zoning Ordinance of the Town of Ithaca, New York, as amended, adopted October 25, 1954, is hereby re- enacted, re- adopted and amended. This re- adoption and re- enactment and the adoption of any amendment shall not affect any pending or prevent any future prosecution of or action to abate any violation existing at the time this Ordinance as re- adopted, re- enacted and amended, if the use is in violation of the provisions of this ordinance as re- adopted, re- enacted and amended. Nothing herein shall be deemed to change the status of non - conforming uses created by virtue of the Zoning Ordinance adopted October 25, 1954, as amended, if such uses remain non - conforming under the provisions of this Ordinance, as re- adopted, re- enacted and amended. SECTION 84. Fees, 1. Miscellaneous provisions. (a) The Town Board, Planning Board, or Zoning Board of Appeals, as applicable, shall hold no public hearing nor take any action to endorse or approve any application until all applicable fees and reimbursable costs have been paid to the Town with receipt therefor provided to the respective Boar d except if costs are deposited in escrow as hereinafter set forth, action may commence unless the amount in escrow is found to be inadequate and the applicant has not replenished the escrow account. In that event further action by any board shall be suspended until the applicant has deposited the appropriate amount back in the escrow account. _ ___r... �_ September 06, 2000, continued 133 (b) .Fees shall be calculated by the Building Inspector, Town Planner, Town Clerk, or by the Deputy Town Clerk associated with the Engineering, Planning, and Building /Zoning Department. When an escrow deposit is required, if there exists any question as to the required amount of escrow, the officer collecting the fees shall consult with the Town Engineer, whose calculation of same shall be final. Such fees shall be collected by the Town Clerk or the Town Clerk's designee who shall issue a receipt stating the purpose of the payment. This receipt must be filed with the application as evidence of payment. (c) All Application Fees paid to the Town in accordance with the fee schedule shall be non - refundable unless miscalculated. Except for unexpended escrow amounts or miscalculated fees,. no funds paid to or deposited with the Town for review or inspection shall be returned to the applicant should an application be disapproved by the Town, reduced in scale by the applicant, or otherwise partially or wholly abandoned. (d) For purposes of calculating fees, if the proposal involves a dormitory, two bedrooms shall constitute one dwelling unit. 2. Building_ permit fees. (a) The fees for a building permit shall be as set forth in Section 75 of this Ordinance. 3. Application fees and Public Hearing Fees. (a) A nonrefundable fee shall be paid along with each application as set forth in the Schedule of Application and Review Fees set forth below (the "Fee Schedule ") to cover expenses related to the administration and processing of applications, including agenda or public hearing notice, clerical processing, and preliminary processing of the application by planning and /or engineering personnel. (b) Whenever an application or appeal is filed with the Town for which a public hearing is required, there shall be paid simultaneously a fee of $50.00 to defer the costs of publishing and mailing the notice and application to appropriate parties, and the cost of transcribing the proceedings relating to the application or appeal. Such $50.00 fee is included in the Fee Schedule set forth below as part of the initial application fee (e.g. an application fee of $100.00 includes the Public Hearing Fee of $50.00). (c) If the hearing continues for more than one meeting necessitating re- publication and /or re- noticing, an additional Public Hearing Fee shall be paid prior to each continued hearing. If the matter continues for more than one meeting but the subsequent meetings do not require a public hearing, an Agenda Processing Fee shall be paid prior to each additional meeting at which the matter is continued without a public hearing. In the discretion of the Town Board, Planning Board, or Zoning Board of Appeals, as the case may be, or the person designated to collect application fees, additional Public Hearing Fees or additional Agenda Processing Fees may be waived with respect to any subsequent meetings, particularly if the continuation was necessitated by actions of the Town officials and not by the applicant. (d) The above fees may be waived in whole or in part, or may be modified by the Town Supervisor, the Town Planner, or the Town Engineer for good cause shown. (e) In the case of Subdivision or Site Plan applications, the Planning Board, in its discretion, may waive the fee for a final plat in those circumstances where Final Plat or Plan Approval is given simultaneously with Preliminary Plat or Plan Approval. 4. Review Fees. (a) A Fee is limited review or Site Review fee shall intended to cove to, engineering, of the submitted Plan Approval, be paid as set forth in the Fee Schedule set forth below. Such :r part of the cost of professional services, including, but not planning, legal, and other expenses incurred by the Town in its application materials for Preliminary and /or Final Subdivision September 06, 2000, continued (b) When the Review Fee set forth in the Fee Schedule is calculated on a per lot or per unit basis the Review Fee is non - refundable unless denominated as an amount to be placed in escrow. (c) When the Review Fee is stated in the Fee Schedule to be the Actual Cost of Review, the Review Fee shall be such actual cost of conducting the review as determined and billed by the Town. The basis for calculating such cost shall be the actual costs to the Town for independent consultant services, legal services, engineering services, planning services and /or any other services or expenses of outside consultants plus an amount intended to reimburse the Town for the time of Town staff (Engineering, Planning, Legal, Highway Superintendent, and others) devoted to reviewing the proposals. The .amount charged for Town staff. shall be determined by multiplying the number of hours •. devoted to the proposal times hourly rates as determined from time to time by the Town Board for various staff positions. (d) An escrow agreement providing for the deposit of the amounts set forth in the Fee Schedule in the form directed by the Town shall be executed by the applicant and the deposit made in the amount set forth in the Fee Schedule. Sums so deposited and not utilized in the review process shall be returned to the applicant within a reasonable period of time after the adoption of the last resolution finally disposing of the application (whether by granting or denial of the application). At the time of such return, and if no funds are due, at the time of final disposition of the application the Town will provide an accounting of the expenses charged to the escrow account. (e) If the review costs are estimated to exceed the amount so deposited and additional fees are deemed necessary, the applicant shall be notified of the required additional amount by the Town Engineer and shall add such sum to the escrow account. (f) If, in the judgement of the Town Engineer, the deposit provided for herein exceeds the anticipated reasonable review costs, the Town Engineer may adjust the deposit to reflect the anticipated review cost. (g) Unexpended escrow funds deposited as part of the Review Fee may be credited against deposits due for the Inspection Fee, where such is required, upon the filing of an application for site development or the construction of improvements. (h) For purposes of determining the amount of escrow the following shall apply: (i) As part of the application for Preliminary Subdivision or Preliminary Site Plan Approval, a preliminary estimate of the cost of improvements shall be provided by the applicant's Licensed Professional Engineer along with the other items required for a Preliminary Subdivision or Preliminary Site Plan Application as set forth in the Town of Ithaca Subdivision Regulations and the Town of Ithaca Zoning Ordinance. As part of the application for Final Subdivision or Final Site Plan Approval, a revised estimate of the cost of improvements shall be provided by the applicant's Licensed Professional Engineer along with the other items required for final subdivision application as outlined in the Town of Ithaca Subdivision Regulations and the Town of Ithaca Zoning Ordinance. (iii) In the case of subdivision applications, the terms "cost of improvements ", "improvement cost" or "project cost" shall mean the costs of construction of all general site improvements (whether on or off the specific site involved) to be constructed by applicant such as grading, roads, drainage improvements, sewers, water lines, and other similar items but excluding the cost of dwelling units to be constructed on the subdivided lots. In the case of site plan applications such terms shall mean the costs of construction of all site improvements (whether on or off the specific site involved) including grading, roads, drainage improvements, sewers, water lines, buildings and any other improvement of any nature whatsoever to be constructed by applicant. In both cases such terms exclude land acquisition costs, architects fees, engineering fees and other similar non - construction costs. September 06, 2000, continued (iv) The estimates provided with the preliminary or final application shall be considered, along with the other items of application and anticipated review costs, in determining the amount of review fee escrow. (v) An estimate of the cost of improvements provided by the applicant and not by a Licensed Professional Engineer may be accepted when in the judgement of the Town Engineer, such estimate is reasonably accurate. The Town Engineer may adjust such estimate and the estimate as so revised by the Town Engineer shall be the basis of the escrow deposit calculation. (vi) In no event shall an escrow account be established with less than a $200 deposit, which amount shall be a minimum regardless of the amounts calculated pursuant to the Fee Schedule. (i) In the case of clustered subdivision applications, the fees set forth for subdivisions shall apply. 0) In the case of applications for rezoning, a basic fee as set forth in the Fee Schedule for initial review of the general plan by staff and the Town Board shall be submitted with the initial application. When the rezoning is referred to the Planning Board for recommendation, the fee for Site Plan Review - Preliminary Plan shall be paid prior to any further review of the general plan by the Planning Board and prior to any recommendation by the Planning Board to the Town Board. If the Town Board approves an application for rezoning upon recommendation by the Planning Board, and when specific development is proposed, the fee for Site Plan Review - Final Plan shall be paid to cover the costs of further review by staff and the Planning Board. (k) In the case of applications for Special Approval, a basic fee as set forth in the Fee Schedule for initial review of the general plan by staff and the Zoning Board of Appeals shall be submitted with the initial application. If the application is referred to the Planning Board for recommendation, the fee required for Site Plan Review - Preliminary Plan shall be paid prior to any further review of the general plan by the Planning Board and prior to any recommendation by the Planning Board to the Zoning Board of Appeals. If the Zoning Board of Appeals approves an application for Special Approval upon recommendation by the Planning Board, and when specific development is proposed requiring further review, the fee for Site Plan Review - Final Plan shall be paid to cover the costs of further review by staff and the Planning Board. If the application is not referred to the Planning Board, the basic fee shall be paid without any further fees for site plan review. 5. SEOR - Related Fees. (a) In addition to the fees required as stated in the Fee Schedule, the fees for review or preparation of an Environmental Impact Statement involving an application for approval or funding of an action requiring preparation or filing of a draft environmental impact statement shall be determined by the lead agency for each such application. The fees shall be based on the actual cost to the Town for reviewing or preparing the draft and final environmental impact statement, including the cost of hiring consultants, the salary time of Town employees and actual disbursements incurred as a result of the review or preparation of such impact statement, but in no event shall the fees be greater than that established in 6 NYCRR 617.17. The Town Supervisor, Building Inspector, Planner, or Engineer may require, prior to the commencement of the review or preparation of an environmental impact statement, a deposit to be made with the Town in an amount reasonably estimated to cover the fees set forth in this section. 135 13 6 September 06, 2000, continued 6. Inspection Fees. (a) In addition to the fees provided for herein, where the inspection of on- or off -site improvements or development is required, the applicant shall reimburse the Town for the actual cost to the Town of, all engineering, planning, highway inspection, legal; consulting, clerical and other expenses incurred by the Town during the process of inspection and review of the completion of site improvements and the fulfillment of any requirements of any regulation or resolution pertaining to development projects which have been granted Final Subdivision or Site Plan Approval. The costs so incurred shall be determined by the Town and billed to the applicant. The basis for calculating such cost$ shall be the same as set forth above with reference to Review Fees. (b) An escrow agreement providing for the deposit of the amounts set forth in the Fee Schedule in the form directed by the Town shall be executed by the applicant and the deposit made in the amount set forth in the Fee Schedule to cover the cost of inspections and compliance review incurred (i) after final approvals have been given, (ii) in the course of building permit issuance, (iii) during the course of construction of any improvements including buildings, roads, and other improvements, and (iv) during the course of issuing any certificates of compliance or occupancy. (c) Along with any application for final approval of site improvement and development construction plans where such final approval of such plans is required, an estimate of the cost of improvements shall be provided by the applicant's Licensed Professional Engineer in similar manner as the estimate is provided for the escrow for the review fees. This estimate shall be used along with the other items included in the application and in the prior review process in determining the amount of inspection escrow. The developer shall make the required inspection escrow deposit prior to any final approval of said site improvement and development construction plans and prior to the commencement of construction of any of such improvements. (d) All of the provisions regarding escrow to the escrow accounts for Inspection Fees waive the requirement that the cost of Engineer, and to increase or decrease the costs of improvements, and the $200 minis accounts for Review Fees shall be applicable including authority to the Town Engineer to improvements be prepared by a Licensed required escrow amount, the definitions of num deposit. (e) The inspection fee shall in no case be less than $100. (f) The inspection fee may be included as a portion of a letter of credit or performance guarantee, where applicable. (g) Where applicable or where required, no final acceptance of proposed public improvements, and no final approval of site construction or site improvements shall be made and no Certificates or Occupancy shall be issued until all Inspection Fees have been paid or fully escrowed. (h) The Town shall return any balance of the deposit to the applicant upon final acceptance of proposed public improvements and /or final acceptance of subject site improvements together with an account of all expenses charged to the escrow fund. September 06, 2000, continued 5.1 5.1 -1 5.1 -2 5.1 -3 5.1-4 ow 5.1 -5 5.2 5.2-1 5.2 -2 5.3 SECTION 6.0 Varia 6.1 6.2 General Standards ............. A -12 Anchoring, . 0 0 0 A -13 Construction Materials and Methods.. A -13 Utilities ................... A -13 Subdivision Proposals........... A -14 Encroachments. . 0 a 0 a 0 0 0 & 6 a A -14 Specific Standards. . * a 0 0 0 a A -15 Residential Construction 0. 0 0. 0 ... A -15 Nonresidential Construction 0000... A -15 Floodways .:................ A -16 nce Procedure. . 0 0 0 0 * 0 0 6 A -16 Appeals Board ............... A -16 Conditions for Variances......... A -18 Resolution of the Town Board - February 26, 1973 - establishing multiple residence district and a cluster development therein on property of Schickel Environmental Development Company on Honness Lane A -20 Local Law No. 3 = 1983 - Changing the zoning classification to multiple residence district from a residence district R -15 of a parcel of land located on the north side of East King Road designated on the current tax assessment map of the Town of Ithaca on parcel no. 44 -1 -4.3 A -27 Related resolution on rezoning from Residential 15 to Multiple Residence District the same parcel of land, now referred to as Majestic Heights, made by Bill J. Manos, Applicant, Owner and Developer . . . . . . . . . . . . . . . . . A -32 Local Law No. 2 - 1984 - Adding to the list of permissible districts which may be designated as Special Land Use District (Limited Mixed Use) A -36 Local Law No. 3 - 1984 - Relating to the Walter J. and Joyce Y. Wiggins La Tourelle development on Ithaca -Danby Road (Route 96b).... A -38 Local Law No. 4 - 1984 - Relating to Rocco Lucente - Sapsucker Woods Road subdivision to permit conversion of 14 dwelling units .0000 A43 Local Law No. 4 - 1986 - To amend the Zoning Ordinance to provide a Special Land Use District (Limited Mixed Use) at the Biggs Complex owned by Tompkins County ................... A -48 137 IM September 06, 2000, continued Susan Miller - 194 Buck Road - who lives in the R3 district - stated that initially in general terms she wanted to bring to the Boards awareness again the fact that intially R3 was to be considered as RI as a composition of residents and geography the way it is. Not to be a weigh station for many things that are not allowed in other residential zones. Some things which are completely prohibited in other residential zones are actually permitted without a special permit or special permission. There is some philosophical difficulty in understanding the underlying principals behind what ends up where, except that you needed some place to end up something so it seems to end up in R3. With respect to the multi - family housing, after setting through virtually everyone of the year long meetings with the Planning Board when they were developing the original zone, I speak for R3 to say please don't by default have things not happen there that need to be considered as a mere substitute residential area also. Ed Pasto - 24 Asbury Drive - Expressed his support for the LRRD but also expressed his concern about multi - family dwellings elsewhere besides R1 and R2. There needs to be appropriate requirements so we need a workable effective project. Setting limits on amount of number of families per section of land, adequate green space, playgrounds and play areas for kids and adequate parking. His concern is that we shouldn't be limiting apartments because there is a need for apartments in the Town of Lansing. We need to put minimal requirements in so we can be sure there is responsible development. That we don't put in too many apartments in one unit and that there are requirements that you can't have more than 2 family units per half acre. There also has to be a certain amount of acreage for greenspace and a play area for children, so that these will be desirable apartments and will not aversively affect the other neighbors. You need to put in reasonable requirements so that they work well with the other residents of the town. Scott Sperling - Co -Chair of the Lansing Residents for Responsible Development - Thanked the Board for listening to the recommendations that were presented tonight. A lot of work by the Community Organization has been put into it. He doesn't think that the Board could find as much research or from a professional consultant team that has been found and presented to them tonight. This group has researched documents from many towns and many communities and have done their homework on what has been presented tonight. They would like to offer to the Town Board their help and as further suggestions come in, have one of the LRRD group be a representative in helping going through the process of sorting through recommendations and sorting out whatever comes in. If the Board could give them a call, one of their people would be glad to come and assist with this process. They realize that the Board has had some volunteer already but they would also offer their help in that area. Mr. Farkas stated that there is a whole town that needs to be looked at. The Board is not just looking at the RI area that there are RI to rural agriculture and the whole thing needs to be looked at in the process. The total concern is not just in one area. There is a town wide situation that the Board needs to look at and address. If anyone has any recommendations the Board asks that you bring them forth soon so that the process is not dragged out. Especially the focus on the moratorium and what we can do to resolve that, then we need to go on through the whole process. Mr. Farkas stated that as we go please feel free to come forth to keep the process rolling. Mrs. Overstrom stated that the LRRD group needed to be commended for the amount of research they put together. Mr. Beckwith stated that it was highly commendable. Mrs. Greenly thanked the audience for all their hard work and comments. The following residents asked that the following be made a part of the public record: To: Lansing Town Board Lansing Planning Board Re: Town of Lansing Land Use Ordinance When we purchased our home on Aspen Way in'the Town of Lansing, one of the positive factors was the fact that the neighborhood was comprised of single- family homes. We completely 13 17 September 06, 2000, continued understood there would soon be additional homes in this neighborhood. Since we moved in during July 1999, there have been six new homes built with more homes on the way. We have welcomed those additions to our neighborhood and will continue to do so. Unfortunately, the proposed Ronsvalle Apartment project on Triphammer Road has alerted us that due to revisions made to the Town of Lansing Land Use Ordinance in 1998, the character of this neighborhood could be significantly altered. These revisions deal mainly with Article IV Land Use Control Areas and Article V district Regulations and Schedules. We encourage the Town Board to adopt the recommendations made by the Lansing Residents for Responsible Development (LRRD) to modify the existing Land Use Ordinace relative to these two articles. Specifically, that the recommendaitons provided by LRRD for revisions to sections 402.3 and 402.4 (Description of Descriptions - Intent, see attached) be adopted, and that the recommended revisions to section 503 (Schedule I: Schedule of Land Uses or Activities) and 504 District Regulations and Schedules (Schedule II: Area, Frontage, Yard, Height and coverage Requirements) also be adopted. We believe that the adoption of these recommendations made by LRRD, and recommendations made by the Lansing Planning Board, would greatly improve the Town of Lansing Land Use Ordinance. These recommendations would help preserve the character and integrity of the existing land use control districts throughout the Town of Lansing. Sincerely, Craig & Maureen Trowbridge 15 Aspen Way Ithaca, N.Y. 14850 ARTICLE IV LAND USE CONTROL AREAS - 402.0 Description of Descriptions - Intent Intent 402.3 Residential Low Density (R1) District: The intent of the R1 district in the Town of Lansing is to designate areas where low density, predominately single family residential development is the basic land use pattern. Intensive development should be discouraged because of difficult terrain, inadequate roads, poor soils, or the absence of public utilities. Substantial limitations on the use of land is necessary to protect it for efficient future use and to preserve the residential character of existing neighborhoods, the value of development and the safety of residents. Intent 402.4 Residential Moderate Density (R2) District: The intent of the R2 district in the Town of Lansing is to designate areas where a mixture of varied types of residential development at a moderate development density is the desired use of the land. Typically, such areas will have public water service available but may encounter sewage disposal problems. Limitations on the use of land will be necessary to protect existing residential neighborhoods, to preserve residential values and enhance the quality of the environment. Meeting adjourned at the call of the Supervisor at 7:40 p.m. Minutes taken and executed by the Deputy Town Clerk