HomeMy WebLinkAboutTB Minutes 1983-03-21 TOWN OF ITHACA
SPECIAL BOARD MEETING
MARCH 21 , 1983
At a Special Meeting of the Town Board of the Town of
Ithaca , Tompkins County , , New York , held at the Town Offices
at 126 East Seneca Street , Ithaca , New York , at 12 : 00 P . M . ,
on the 21st day of March , 1983 , there were :
PRESENT : Noel Desch , Supervisor .
® George Kugler , Councilman
Shirley Raffensperger , Councilwoman
Marc Cramer , Councilman
Adak Dooley Kiefer , Councilwoman
David Jennings , Councilman
ABSENT : Henry McPeak , Councilman
ALSO PRESENT : Lawrence Fabbron , Town Engineer
Peter Lovi , Town Planner
James Buyoucos , Town Attorney
Robert Schultheisz , 106 Troy Road
Robert L . Anderson , 110 Auburn St .
PLEDGE OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of
Allegiance .
ADOPTION OF A LOCAL LAW AMEtNJDING THE ZONING ORDINANCE OF THE
TOWN OF ITHACA BY CHANGING THE ZONING CLASSIFICATION TO
MULTIPLE RESIDENCE DISTRIC '.l.' FROM A RESIDENCE DISTRICT R15 A
PhRCEL OF LAND IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW
YORK 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 - 493
Proof of posting and publication notice of a Public Hearing
to consider a local law amending the Zoning Ordinance of the
Town of Ithaca by changing the zoning classification to
Multiple Residence District from a Residence DistrictR15 a
parcel of land in the Tow: of Ithaca , Tompkins County , New
York 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 having been presented by the Town Clerk ,
® the Supervisor opened the public hearing .
Councilwoman Raffensperger referring Section 3 . B . , asked why
Town Board approval was needed to cut brush . The question
® is , is this consistent or should the Planning Board be given
the authority ?
Councilman Jennings asked why the Town Attorney had written
the paragraph this way ?
Town Attorney Buyoucos responded that it was immaterial to
him . He had no objection to changing the wording from Town
Board to Planning Board as the proper authority to grant the
consent on the cutting of trees and shrubbery on the 6 acre
buffer zone . It was the sense of the Board that tti*is change
be made .
Councilwoman Kiefer referred to Section 2 . A . which sys
that the Town Board Resolution of February 7 , 1983 , which
" constitutes findings , definitions and statements of
for the amendment of purpose
this law , " is attached . She notes that
there is no such attachment , but that she wishes to refer to
Resoltitlol't .
Town Board Minutes - 2 - March 21 , 1983
Councilman Jennings questioned the sentence " The time within
which such building permit shall be effective may be
extended , if good cause is shown , by the Town Planning
Board " . Does it also need to be approved by the Town Board ?
Councilwoman Kiefer , referring to Page 6 , Section D , said
the language sounds as if the Town Board must okay Planning
Board extensions of building permit time and contrasted this
with the poroposed legislation , Page 3 , last sentence .
Supervisor Desch responded no , the Town Board does not need
® to approve the extension of a building permit .
Councilwoman Kiefer referred to Page 6 , Section 1 . C . v . , of
the February Resolution which says that the proposed local
law should include provisions with respect to the future use
of the access driveways ; she asked is there language n the
Local Law that deals with this ?
Supervisor Desch responded yes , Section 3 B , subparagraph 2 .
Councilwoman Kiefer said that only says the driveway won ' t
be built until there is a permit ; it does not deal with
future use .
Councilwoman Raffensperger stated that she felt some
additional language should be incorporated in the local law .
Councilman Cramer questioned , if the developer is seeking
additional property , won ' t the owner need to come back with
new plans ?
Supervisor Desch responded , yes .
Town Engineer Fabbroni suggested that the language in
Section 3 B , subparagraph 2 , could be tidied up to include a
reference to the Town Board Resolution of February 7 , 1983 .
It was agreed to change the last word in that paragraph ,
" section " to " Town Board Resolution " .
Town Attorney Buyoucos asked if anyone felt inhibited by the
intent of the preservation of the buffer zone or road ?
No one present stated that they felt inhibited .
O
Mr . Buyoucos went on to note that Mr . Manos has an option to
acquire adjacent land to the north of this section . The
Resolution of February 7 , 1983 , in no way is intended to
deprive the applicant from obtaining this land . The
® Planning Board said Mr . Manos may acquire the land , but
there is no guarantee that the road could go beyond the
present north boundary .
® LOCAL LAW NO . 3 - 1983
Motion by Councilman Cramer , seconded by Councilman
Jennings ,
LOCAL LAW NO . 3 - 1983
A LOCAL LAW AMENDING THE ZONING ORDINANCE OF THE TOWN OF
ITHACA BY CHANGING THE ZONING CLASSIFICATION TO MULTIPLE
RESIDENCE DISTRICT FROM 'A RESIDENCE DISTRICT R15 A PARCEL OF
LAND IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK ,
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 .
Town Board Minutes - 3 - March 21 , 1983
SECTION 1 . CHANGE OF ZONING DISTRICT . DESCRIPTION OF
PARCEL ,
A Multiple Residence District is hereby established
encompassing the parcel consisting of about 30 acres of land
located on the north side of East King Road and designated
on the current tax assessment map of the Town of Ithaca . as
Tax Parcel 44 - 1 - 4 : 3 more particularly described in Schedule
A entitled " Description of Parcel on the north side of East
King Road which is established by this Local Law as a
® Multiple Residence District . "
SECTION 2 . LEGISLATIVE BASIS AND PURPOSE OF THIS LAW ,
A . RESOLUTION
This Local Law has been enacted pursuant to the Resolution
adopted by the Town Board on February 7 , 1983 , . a copy of
which is attached hereto . Provisions of said Resolution
constitute findings , determinations and statements of
purposes for the enactment of this law .
Be TOWN ZONING ORDINANCE PROCEDURE FOR ESTABLISHMENT
OF MULTIPLE RESIDENCE DISTRICT .
a . Article IX of the current Zoning Ordinance
( adopted February 12 , 1968 , effective February 26 , 1968 )
sets forth the procedure for the establishment of the
Multiple Residence District- and authorizes the Town Board to
establish a Multiple Residence District by defining the
boundaries thereof , approving the general site plan and
imposing any modifications and additional requirements as
the Town Board may determine .
SECTION 30 MODIFICATIONS AND ADDITIONAL REQUIREMENTS .
A . The provisions of paragraph " A " , " B " , AND " C " of
the Resolution referred to above which is attached hereto
contain modifications , conditions and requirements relating
to the rezoning of the subject parcel into a Multiple
Residence. District and its development by the construction
thereon of multiple family units . The aforesaid paragraphs
" A " , " B " , AND " C " are incorporated into this Local Law and
made a part hereof as if they had been set forth in the body
of the text rather than an Appendix thereto and they shall
apply to the rezoning and the development of the subject
parcel except as they may be specifically modified or added
to by subsequent provisions of this Local Law .
® Be PROVISIONS AS TO THE 6 ACRE PARCEL BUFFER ZONE ON
THE WESTERLY SIDE OF THE SUBJECT PARCEL ; CONTAINED IN SAID
RESOLUTION , ARE AMENDED AS FOLLOWS :
® 1 . The provisions of Section 1 . C . i . are expanded
to include the requirement that no trees or shrubbery shall
be cut unless the owner of the parcel has obtained the duly
authorized consent of the Town Planning Board . The owner
shall give a written notice of at least 4 weeks to the Town
Engineer or such other person or agency of the Town as the
Town Planning Board may designate requesting the consent of
the Town Planning Board and setting forth the management
practices which would require such action to be taken . The
Town Planning Board shall review the request and act
promptly in giving or denying its consent .
2 . The driveway referred to in Section l . C . ii . ,
shall not be constructed until a building permit has been
obtained from the Town Engineer in accordance with the
provisions of the Town Board Resolution concerning this
matter .
Town Board Minutes - 4 - March 21 , 1983
3 . The Town Planning Board may require the owner
of the subject parcel to submit information and documents
from time to time in order to determine that thre is
compliance with the requirements of this law .
C . In accordance with the provisions of Section l . D . ,
of the said Resolution , it is provided that no buildings and
residential units in excess of those approved by the Town
Planning Board shall be permitted and that the construction ,
® development and use must comply in all respects with the
site plans and conditions of approval and rezoning adopted
by the Town Planning Board and the Town Board and no
variance in the construction development and use of the
parcel shall be permitted except as may be permitted by the
Town Planning Board with the approval of the Town Board ,
SECTION 4 . RECLASSIFICATION OF ZONING .
A . The sovereign power of the Town to enact and amend
the Town ' s Zoning Regulations is not affected by the
enactment of this Local Law . Without limiting the foregoing
declaration , the Town , at the option of the Town Board , may
review the status of the development of , and the extent of
construction of improvements on , the subject parcel and
other factors reasonably affecting the area and community
within which the subject parcel is located , the protection
and enhancement of the Town ' s . physical and visual
environment and to promote the government , protection , and
the health , safety and well -being of the inhabitants or
property in the Town , and , at its option , the Town Board may
amend the Town Zoning Regulations by changing the
classification of the subject parcel or any portion therof ,
to a Residential R15 or such other district as the Town T
Board may determine .
Be The Town now makes a legislative finding that the
present owner would reasonably require a period of
forty - eight ( 48 ) months from the date of enactment of this
law to commence and complete the construction of the
improvements on the project .
C . Any building permit issued subsequent to the
enactment of this law may be revoked or modified at the
. option of the Town Planning Board if ( i ) construction of the
project has not been substantially commenced prior to the
expiration of eighteen ( 18 ) months from the date of
enactment of this law , or ( ii ) if such construction has not
® been substantially completed at the expiration of the
forty - eight ( 48 ) month period commencing with the enactment
of this law . The time within which such building permit
shall be effective may be extended , if good cause is shown ,
® by the Town Planning Board ,
SCHEDULE A
DESCRIPTION OF PARCEL ON THE NORTH SIDE OF EAST KING ROAD
WHICH IS ESTABLISHED BY THIS LOCAL LAW AS A MULTIPLE
RESIDENCE DISTRICT
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Ithaca , County of Tompkins , State of New York , being a part
Of Military Lots 89 and 99 ( Old Town of Ulysses ) and
described as follows :
Town Board Minutes - 5 - March 21 , 1983
Beginning at a point on the northeasterly boundary of the
existing King Road East ( County Road No . 179 ) said point
being the following two courses and distances from the
intersection of the northerly boundary of the existing King
Road East and the westerly boundary of the existing Troy
Road ; thence ( 1 ) north 82 " 02 ' 47 " west 1081 . 53 feet and
thence ( 2 ) westerly and northwesterly on a curve to the
right having a radius of 975 . 0 feet , a distance of 211 . 07
feet to the point and place of beginning of the premises
intended to be described herein ; thence ( 1 ) Northwesterly on
® a curve to the right having a radius of 975 . 00 feet a
distance of 235 . 12 feet ; thence ( 2 ) north 55 ° 49 ' 33 " west
along the said northeasterly boundary of the existing King
Road East a distance of 1731 . 85 feet to a point on the
division line between the property of Schuylkill Investors ,
Inc . , on the east and the property now or formerly owned by
Cornell University on the west ; thence ( 3 ) north 90 18 ' 00 "
east along said division line a distance of 455 . 00 feet to a
point ; thence the following fifteen courses and distances
through the property now or formerly owned by Schuylkill
Investors , Inc . :
( 1 ) North 570 01 ' 43 " east , a distance of 221 . 09 feet ;
thence ( 2 ) South 790 16 ' 23 " east , a distance of 327 . 73
feet ; thence ( 3 ) North 850 47 ' 58 " east , a distance of
177 . 48 feet ; thence ( 4 ) South 160 55 ' 39 " east , a distance
of 96 . 17 feet ; thence ( 5 ) South 530 58 ' 21 " east , a
distance of 163 . 22 feet ; thence ( 6 ) South 480 57 ' 27 " east ,
a distance of 225 . 40 feet ; thence ( 7 ) South 230 01 ' 32 "
east , a distance of 217 . 31 feet ; thence ( 8 ) South 390 37 '
09 " east , a distance of 708 . 82 feet ; thence ( 9 ) South 670
50 ' 59 " east , a distance of: 122 . 00 feet ; thence ( 10 ) South
340 54 ' 43 " east , a distance of 234 . 14 feet ; thence ( 11 )
South 370 07 ' 34 " east , a distance of 268 . 40 feet ; thence
( 12 ) South 520 52 ' 26 " west , a distance of 40 . 00 feet ;
thence ( 13 ) North 370 07 ' 34 " west , a distance of 293 . 00
feet ; thence ( 14 ) South 380 30 ' 36 " west , a distance of
208 . 19 feet and thence ( 15 ) South 250 27 ' 00 " west , a
distance of 126 . 43 feet to the point of beginning ,
containing 300566 acres of land .
For further description , reference is hereby made to a map
of King Road Development Corporation made by Erdman , Anthony
Associates , Consulting Engineers , Rochester , New York , dated
May 15 , 19730
Supervisor Desch called for a roll call vote .
® Councilman Cramer Voting Aye
Councilman Jennings Voting Aye
Councilwoman Kiefer Voting Aye
® Councilman Kugler Voting Aye
Councilwoman Raffensperger Voting Aye
Supervisor Desch Voting Aye
Local Law No . 3 - 1983 , was thereupon declared duly adopted .
AUTHORIZE TOWN ENGINEER ' S ATTENDANCE AT WORKSHOP AND
CONFERENCE
Town Engineer Fabbroni stated that Spring APWA Conference is
being held in Rochester , New York from April 20 to April 22 ,
1983 covering such topical municipal concerns as computer
applications , equipment maintenance , landfills , roadside
Town Board Minutes - 6 - March 21 , 1983
drainage , claims prevention and methodologies for consultant
services selection . Prior to this conference , the " Public
Works Administration for Small Communities " workshop will be .
offered April 19 and 20 , 19830 He went on to say that he
would be pleased if the Town Board would authorize his
attendance at the conference and workshop . An approximate
cost of $ 300 was mentioned .
RESOLUTION NO . 34
® Motion by Supervisor Desch ; seconded by Councilman Kugler ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorizes the attendance of the Town Engineer , Lawrence
Fabbroni at the Spring APWA Conference to be held in
Rochester , New York from April 20 to April 22 , and
FURTHER BE IT RESOLVED , that the Town Engineer is hereby
authorized to attend the " Public . Works Administration for
Small Communities " workshop to be held April 19 and 20 ,
1983 .
( Desch , Kugler , Raffensperger , Cramer , Kiefer and Jennings
voting Aye . Nays - none ) .
LEAD AGENCY - REVISION OF TOWN SUBDIVISION REGULATIONS
Supervisor Desch noted that the important question is
whether the Town Board wishes to retain their prerogative as
lead agency as prescribed by Local Law # 3 - 1980 , or turn
the authority over to the Planning Board . The only problem
that might arise is the Town Board making modifications
after Planning Board approval .
Councilwoman Raffensperger questioned , designation does not
give them final approval .
Supervisor Desch responded , only in SEQR .
Councilwoman Kiefer stated that there was some tradition
that the agency who has approval authority ( Town Board ) is
usually the lead agency . She felt that in this case the
Town Board clearly has approval authority and therefore must
take ultimate responsibility . Therefore she believes the
Town Board should be the lead agency , but she suggests that
the Town Board , having asked the Planning Board to analyze
and make suggested changes in the subdivision regulations ,
® should also delegate the preparation of an EIS to the
Planning Board , since they are best equipped to do the work .
® Town Planner Peter Lovi responded , the Town Board would have
to take the responsibility .
Supervisor Desch asked if the Planning Board would conduct
the scoping session and the overview of the SEQR ?
Peter Lovi responded , that he felt the Town Board could not
delegate the scoping session to the Planning Board , if they
are going to be the lead agency .
Town Attorney Buyoucos agreed , saying that if the Town Board
is going to be the lead agency , they must hold the scoping
session . The Town Board can ask the Planning Board to make
an indepth study , however , the public hearing needs to be
held by the Town Board .
Town Planner Lovi stated that the Town Board , not the
Planning Board would then decide on topics to be discussed .
Tree scoping session will determine the areas to be looked
, t .
Town Board Minutes - 7 - March 21 , 1983
Councilman Cramer stated , based on what he has heard , we the
Town Board have to pass judgement if we are to act as the
lead agency .
Supervisor Desch answered , that is right . This also
facilitates administrative efficiency .
Councilwoman Raffensperger stated that it was unclear to her
what we are administering to the Planning Board ?
Supervisor Desch responded , the Town Board will be the lead
® agency . The Town Board will hold the scoping session . Out
of the scoping session will come direction and what is
required of the Planning Board and staff in the way of focus
for the DEIS .
Town Attorney Buyoucos asked who are you going to have a
scoping session with ?
Supervisor Desch responded , County Planning Department and
the County Health Department and other affected agencies .
Town Attorney Buyoucos noted , after the scoping session you
should decide what direction the Town Board wants to go . Do
you want the Planning Board to look over the regulations , or
do you want the Planning Board to hold the public hearing
and act as lead agency ?
Peter Lovi responded , the Town Board will be lead agency and
hold the public hearing on the scoping session . The
Planning Board can draft tl-ie subdivision regulations .
RESOLUTION NO , 35
Motion by Councilman Cramer ; seconded by Councilwoman
Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
declares itself lead agency in the matter of the revision of
subdivision regulations , and
FURTHER BE IT RESOLVED , that the Planning Board be
designated to review and propose revisions to the
subdivision regulations and prepare the DEIS :
( Desch , Kugler , Raffensperger , Cramer , Kiefer and Jennings
voting Aye . Nays - none ) .
® Councilwoman Kiefer remarked that she was not convinced that
that Town Board needs to hold the scoping session . The Town
Board is causing the DEIS to be prepared by the Planning
Board and the Planning Board can call a scoping session .
® Supervisor Desch responded that the Town Board will conduct
the scoping session , they do not need to chair the meeting
But as lead agency they have the responsibility to conduct
the meeting .
Supervisor Desch asked if there was any problem with the
time frame of April for such a meeting ?
Town Engineer Fabbroni responded , you will need time for the
lead agency to make a determination of significance on the
subdivision regulations and the EAF . The Planning Board
said they would be lead agency , now the Town Board says they
ill be lead agency . The time frame questions needs to be
discussed with the Planning Board .
Town Board Minutes - 8 - March 21 , 1983
Councilwoman Kiefer remarked that she was prepared to act
today to find that an EIS is necessary based on the Planning
Board ' s analysis to date which states that the amendment of
subdivision regulations is a Type I action with potential
for significant environmental impace and which therefore
recommends that an EIS is necessary .
REZONING - PARCEL NO . 6 - 44 - 2 - 9
Supervisor Desch reported that the Planning Board had met on
® March 10 , 1983 and held a public hearing to consider the
rezoning of Tax Parcel No . 6 - 44 - 2 - 9 from Residence 15
District to Multiple Residence District . ( Robert Schulteisz
® proposal ) . The Planning Board classified this as an
unlisted action under SEQR and recommended against the
rezoning request . The Town Board needs to schedule a public
hearing to consider the rezoning .
RESOLUTION NO , 36
Motion by Supervisor Desch ; seconded by Councilwoman
Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca will
meet and conduct a public hearing at 7 : 00 P . M . , on April 11 ,
1983 , to consider the rezoning from Resident 15 District to
Multiple Resident District , Tax Parcel No . 6 - 44 - 2 - 9
Schulteisz proposal ) . ( Robert
( Desch , Kugler , Raffensperger , Cramer , Kiefer and Jennings
voting Aye . Nays - none ) .
Councilwoman Raffensperger requested that the Town Board
members receive a copy of the Planning Board minutes which
dealt with the Robert Schulteisz proposal , before the April
11 , 1983 Town Board meeting .
Supervisor Desch asked that a map showing nearby parcels of
land also be made available .
Supervisor Desch asked if there was any further business .
Councilwoman Kiefer , referring to the March _, 1983 , bulletin
of the Association of Towns , asked if the Town of Ithaca had
returned the survey questionnaire on revenue sharing .
Supervisor Desch said we had , and Councilwoman Kiefer asked
® for a copy .
Councilwoman Kiefer reminded Board members of the upcoming
Cable TV Franchise rate increase request and asked if the
® Clerk or any Board member whose files go back a ways would
check for a copy of the Town Franchise ,
Councilwoman Kiefer mentioned that at the last regular Board
meeting
the minutes of September 13 and December 30 , 1982
were acted upon , but that there had been confusion over
which meetings were under consideration , which version of
the December minutes were being voted on , and whether we
were following our Guidelines .
Town Board Minutes - 9 - March 21 , 1983
Supervisor Desch said there had been confusion , that he had
spoken with the Clerk , and the Clerk was preparing a report
to the Board to give us a . chance to correct the confusion .
It should be ready for our next meeting .
ADJOURNMENT
The meeting was duly adjourned .
® /
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