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HomeMy WebLinkAboutTB Minutes 1984-12-20 TUgN OF ITHACA SPECIAL BOAIM MEETING December 20, 1984 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 noon, on the 20th day of December, 1984, there were: PRESENT: Noel Desch, Supervisor Shirley Raffensperger, Councilwoman Henry McPeak, Councilman Marc Cramer, Councilman Gloria Howell, Councilwoman Robert Bartholf, Councilman George Kugler, Councilman ALSO PRESENT: James V. Buyoucos, Town Attorney Peter Lovi, Town Planner Andrew McElwee, 123 Judi Falls Road PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance. REFUND ON ROAD CUITING PERMIT RESOLUTION NO. 222 Motion by Supervisor Desch; seconded by Councilman, Cramer, WHEREAS, the water main extension on Strawberry Hill Road has been completed and the road returned to its original condition, to the satisfaction of Highway Superintendent, Robert Parkin, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves a refund in the amount of $100.00 be refunded to Bruno Schickel for the Strawberry Hill Road Street Opening Permit. (Desch, Raffensperger, McPeak and Cramer voting Aye. Nays - none) . APPOINIVE'NT TO CITY YOUTH BUREAU Supervisor Desch stated that there was an vacancy on the Youth Bureau. Philip Tavelli, 817 Triphammer Road had been attending the meetings and would like to be the Town's representative on the City Youth Bureau. ® RESOLUTION NO. 223 Motion by Supervisor Desch; seconded by Councilwoman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca hereby appoints Philip Tavelli, 817 Triphammer Road as the Town of Ithaca's representative on the City Youth Bureau. (Desch, Raffensperger, McPeak and Cramer voting Aye. Nays - none) . 86 Town Board 2 December 20, 1984 SET DATE FOR PUBLIC HEAFJNG TO CONSIDER AM ITS TO THE ZONING; ORDINANCE Supervisor Desch stated that we have a whole series of amendments to the Zoning Ordinance, for which we should hold separate hearings. Resolution #1 - RESOLVED, that the Town Board of the Town of Ithaca amend and hereby does amend the Zoning Ordinance of the 'Down of Ithaca as follows: A new section 45-a shall be added to Article VIII as follows: ® Site Plan Approvals. No building permit shall be issued for a building within a Light Industrial District unless the proposed structure is in accordance with a site plan approved pursuant to the provisions of Article IX. Resolution #2 - RESOLVED, that the Town Board of the Town of Ithaca amend and hereby does amend the Zoning Ordinance of the Town of Ithaca as follows: A new section 50-a shall be added to Article X as follows: Site Plan Approvals. No building permit shall be issued for a building within an Industrial District unless the proposed structure is in accordance with a site plan approved pursuant to -the provisions of Article Ix. The Supervisor went on to say that these two resolutions would add Site Plan Approval to Light Industrial and Industrial Districts. Town Attorney James Buyoucos asked about Site Plan Approval for the Mixed Use District. Town Planner Lovi responded, language will be provided in the Mixed Use District for Site Plan Approval. Town Attorney Buyoucos stated that any amendments to the Zoning Ordinance would be by local law and not by resolution. Town Planner Lovi asked why a local law was needed to amend the Zoning Ordinance. Town Attorney Buyoucos responded that the Town has always amended the Zoning Ordinance by local law. This way, we have effective powers to enforce the Zoning Ordinance. RESOL EJON NO. 224 Motion by Supervisor Desch; seconded by Councilman Cramer, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing on January 7, 1985, at 7:30 P.M. , at the Town Hall, 1.26 Last Seneca Street, Ithaca, New York, to consider the adoption of a Local Law amending the Town of Ithaca Zoning Ordinance to establish requirements for Site Plan approval in Industrial. Zones and Light Industrial Zones. Town Planner Lovi remarked, then the Town Attorney would be drafting the local laws so that the Board members will have then within the legal time frame, before the public hearing date. (Desch, Raffensperger, McPeak, Cramer, Dowell and Bartholf voting Aye. Nays - none) . 001 Town Board 3 December 20, 1984 Resolution 03 - RESOLVED, that the Town Board of the Tcwn of Ithaca amend and hereby does amend the Zoning Ordinance of the Town of Ithaca as follows: Article IV, Section 12, Number 1 is amended to read as follows: Office of a resident doctor, dentist, musician, engineer, teacher, lawyer, artist, architect or member of other recognized profession or quasi-profession where such office is part of the residence building provided that not more than 3 additional persons not residing on the premises may be employed. Town Planner Lovi stated that the above resolution will rectify an inconsistency in the R-9, R-15 and R-30 Districts. Councilwoman Raffensperger asked, as the ordinance now stands, is this more or less restrictive? Town Planner Lovi responded, this resolution is less restrictive than the present Zoning Ordinance. He went on to say that it appears that the last line was just left out of the ordinance. Andrew McElwee, 123 Judd Falls Road stated that he felt the sentence in question was left out of the R-15 District because of the need to keep these types of businesses out of the better neighborhoods. Town Attorney Buyoucos stated that quasi-profession should be taken out. He went on to say that he did not know what a quasi-profession was. Supervisor Desch asked if quasi-profession should be removed from all three zones? Town Attorney Buyoucos responded, yes. Town Planner Lovi remarked that he did not like a laundry list of occupations. Quasi-profession would allow the Zoning Board of Appeals to decide if it was a permitted occupation. Town Attorney Buyoucos responded that the Zoning Board of Appeals has no authority in these matters. He went on to say that the density in an R-9 District is different from an R-15 District. Supervisor Desch remarked that because of the density, perhaps the R-15 District should also be limited to two persons. Councilman Cramer remarked, set the date for the public hearing and then decide which districts should permit only two persons. RESOLUTION NO. 225 Motion by Supervisor Desch; seconded by Councilman Cramer, ® RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing on January 7, 1985, at 7:45 P.M. , at the Town Hall at 126 East Seneca Street, Ithaca, New York, to consider the adoption of a Local Law amending the Town of Ithaca Zoning Ordinance, Article IV, Section 12, Number 1, to allow no more than two additional persons not residing on the premises to be employed. (Desch, Raffensperger, M_-Peak, Cramer, Howell, Bartholf and Kugler voting Aye. Nays - none) . 60[ Town Board 4 December 20, 1984 Resolution #4 - RESOLVED, that the Town Board of the Town of Ithaca amend and hereby does amend the Zoning Ordinance of the Town of Ithaca as follows: A diagram be provided in the ordinance definitions in order to illustrate the lot and yard requirements. Supervisor Desch stated that no action will be taken on this resolution, at this time. Resolution #5a - RESOLVED, that the Town Board of the Town of Ithaca amend and hereby does amend the Zoning Ordinance of the Town ® of Ithaca as follows: That Article III, Section 4, Number 3; Article IV, Section 11, Number 3; and Article V, Section 18, Number 3 be revised as follows: 3. Churches or other places of worship, cwnvent and parish houses by special approval of the Board of Appeals in accordance with Section 77, Number 7. The application shall then be referred to the Planning Board and no building permit shall be issued unless the proposed structure is in accordance with a site plan approved Pursuant to the provisions of Article IX. Resolution #5b - RESOLVED, that the Town Board of the Town of Ithaca amend and hereby does amend the Zoning Ordinance of the Town of Ithaca as follows: That Article III, Section 4, Nunber 5; Article IV, Section 11, Number 5; and Article V, Section 18, Number 5 be revised as follows: 5. Publicly owned park or playground including accessory buildings and improvements by special approval of the Board of Appeals in accordance with Section 77, Number 7. The application shall then be referred to the Planning Board and no building permit shall be issued unless the proposed structure is in accordance with a site plan approved pursuant to the provisions of Article IX. Resolution #5c - RESOLVED, that the Town Board of the Town of Ithaca amend and hereby does amend the Zoning ordinance of the T %m of Ithaca as follows: That Article III, Section 4, Number 6; Article IV, Section 11, Number 6; and Article V, Section 18, Number 6 be revised as follows: 6. Fire station or other public building necessary to the protection of or the servicing of a neighborhood by special approval of the Board of Appeals pursuant to Section 77, Number 7. The application shall then be ® referred to the Planning Board and no building permit shall be issued unless the proposed structure is in accordance with a site plan approved pursuant to the provisions of Article IX. Resolution #5d - RESOLVED, that the Town Board of the Town of Ithaca amend and hereby does amend the Zoning Ordinance of the Town of Ithaca as follows: That Article III, Section 4, Number 7; Article IV, Section 11, Number 7; and Article V, Section 18, Number 7 be revised as SOT Town Board 5 December 20, 1984 follows: 7. Golf Course, except a driving range, or a miniature golf course by special approval of the Board of Appeals in accordance with Section 77, Number 7. The application shall then be referred to the Planning Board and no building permit shall be issued unless the proposed structure is in accordance with a site plan approved pursuant to the provisions of Article TX. Supervisor Desch stated that the above series of resolutions all have to do with a number of concerns involving out of two issues. One being the request to locate a church on Pine Tree Read. There ® is nothing in an R-15 District that would preclude them from locating a church on Pine Tree Road. The Tin Can is another example, the Town should have the right to review the site plan. Suppose the City wants to include motor vehicle maintenance, as part of their park plan, and locate the maintenance portion in the same wilding. Town Attorney Buyoucos asked if nothing was being done with Paragraph 4? Supervisor Desch responded no, we are making #5 the same process as #4. Town Attorney Buyoucos asked if it was the intent, of the resolution, to give the Zoning Board of Appeals the power to prohibit a church in a Residential neighborhood? Town Planner Lovi responded that the intent was to make the process the same as for a library. Special approval would give the Zoning Board of Appeals and the Planning Board the power to set conditions. If the Environmental Statement findings were negative, this could give the Zoning Board of Appeals or the Planning Board a reason to deny a Special Permit. Town Attorney Buyoucos stated that the EnvioniTental Quality Review Act was not designed to prohibit an act, only put on conditions. Supervisor Desch remarked, isn't that all we can expect. Town Attorney Buyoucos went on to say that if a use, by a Special Permit, is allowed the Courts say the conditions must be reasonable. other activities go on in a church, such as a school or Boy Scout activities which generate noise and traffic going in and out at night. Supervisor Desch remarked that in the case of a church you could require a certain amount of land for parking. Councilwoman Raffensperger asked if just because something is allowed in a District, it doesn't necessarily mean that it is permitted on each lot? ® Town Attorney Buyoucos responded yes, if it is permitted in a District then it is permitted on all lots. If it's a 100' prexisting lot, then parking is about all you can talk about. However, you can say no games of chance, barbeques, etc. , what you want to exclude, can be used on any lot. Councilman Crony questioned height restrictions. Supervisor Desch responded height restrictions can be included by the size of the lot. 901' Town Board 6 December 20, 1984 Attorney Buyoucos added, you can put restrictions on height and side yards. whatever is reasonable to protect the neighbors. Driveways on boundary lines are always a cause of problems. He went on to say that the Board needs to take a strong position on Section 77, paragraph 7 and add side yard restrictions with items of permitted use, location, height and percentage of coverage, etc. Supervisor Desch questioned the possibility of amending the Zoning Ordinance to include the review process and then amend the Zoning Ordinance itself at a later date. Councilwoman Raffensperger asked if the Town Attorney had seen the correspondence from the attorney for the Ithaca Christian ® Fellowship Church and Town Planner Peter Lovi's response. Ton Planner Lovi responded no, not before copies were sent to the Town Board and Planning Board. Mrs. Raffensperger stated that she was concerned with the Town's position being outlined. Mr. Lovi responded that the facts are clean, the Building Inspector has a problem. It's a strict interpretation of the Zoning Ordinance. We must give the applicants their options. Councilwoman Raffensperger stated that she was concerned that this correspondence had taken place without the knowledge of the Town Attorney. Town Attorney Buyoucos stated that care must be taken about sending out opinions that would stop or harm the Town Board or Town Attorney from taking any further action. R.ESDIM1I0N NO. 226 Motion by Supervisor Desch; seconded by Councilman Cramer, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing on January 7, 1985, at 8:00 P.M. , at the Town Hall, 126 East Seneca Street, Ithaca, New York, to consider the adoption of a Local Law amending Article III, Section 4; Article IV, Section 11; Article V, Section 18; Numbers 3, 5, 6 and 7. Such amendments shall provide that churches; other places of worship; convents; parish houses; publicly owned parks or playgrounds, including accessory buildings and improvements; fire stations or other public buildings necessary to the protection of or servicing of a neighborhood, and golf courses shall be permitted in Residential District R-15 by special approval of the Hoard of Appeals in accordance with Section 77, Nurber 7. These amendments further provide that all applications shall then be referred to the Planning Board and no building permit shall be issued unless the proposed structure is in accordance with the site plan approval under the provisions of Article IX. (Desch, Raffensperger, McPeak, Crag, Howell, Bartholf and Kugler ovoting Aye. Nays - none) . Resolution #8 - RESOLVM, that the Town Board of the Town of Ithaca amend and hereby does amend the Zoning Ordinance of the Town of Ithaca as follows: Article III, Section 4, Numbers 1, 2 and 2a; Article IV, Section 11, Numbers 1, 2 and 2a; and Article V, Section 18, Numbers 1, 2 and 2a are replaced as follows: 1. One-Family Dwelling. In addition to a family, such 801 Town Board 7 December 20, 1984 dwelling may be occupied by not more than two other occupants. 2. Two-Family Dwelling. In addition to a family in each dwelling unit, each dwelling unit may be occupied by no more than one other occupant. The Town Planner stated that the request for new language was fran Henry Aron, Chairman of the Zoning Board of Appeals. It would now allow dwelling units to be placed side by side instead of just up and down. No action was taken on the proposed resolution. ® PERSONS TO BE HEARD Andrew McElwee, 123 Judd Falls Road stated that he was before the Town Board to ask to ask for help from the Board with the closing of Forest Home Drive. He went on to say that the residents have a petition with 174 signatures on it already. Supervisor Desch stated that he understood that the Board of Public Works was proceeding with the Environmental Assessment Form which may be completed about January. Mr. McElwee stated that the Forest Home Com amity would like to have leadership from the Town to help in getting the road reopened. Supervisor Desch assured Mr. McElwee that the Town would review the Environmental Assessment Form and that staff resources would be committed to the project. Mr. McElwee remarked that somebody at Cornell had said they were interested in the property within the right-of-way. Town Attorney Buyoucos stated that he was not sure what rights the Town Board had to act in this matter, nor did he know what procedure would be taken. Town Engineer F'abbroni stated that an expert in traffic needs to write a paper right away cn the traffic impact. Attorney Buyoucos went on to say that the individual landowners may have the right to damages, if no other suitable ingress or egress is available. However, there is Caldwell Road, Judd Falls Road and ingress and egress through Varna. The neighborhood should hire their awn attorney for this. Mr. McElwee noted that the City is damaging part of the Town, therefore, the Town should defend the neighborhood. Attorney Buyoucos stated that the Town's primary concern was with traffic patterns and the removal of snow and ice would be in jeopardy. The Town will speak on this problem. eSupervisor Desch stated that the Town would supplement the ccmmxnities petition with traffic reports. Mr. McElwee reminded the Board that the Town was paying for fire protection for the area. Supervisor Desch responded, that's part of our case. ADJOURNMENT OT Town Board 8 December 20, 1984 The meeting was duly adjourned. /6wn Clerk ZII