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HomeMy WebLinkAboutPB Minutes 1974-03-12 TOWN OF ITHACA PLANNING BOARD MARCH 12 , 1974 • SPECIAL MEETING A Special Meeting of the Town of Ithaca Planning Board and the Town of Ithaca Town Board was held on Tuesday , March 12 , 1974 , at 7030 p . m . in the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York , PRESENT : Chairwoman Barbara Holcomb , Robert Scannell , Maurice Harris , John Lowe , Sam Slack , Daniel Baker , Peter Francese ( Planning Consultant ) , Kenneth Kroohs ( Planning Engineer ) , David Cowan (Assistant to the Zoning Officer ) . ALSO PRESENT : Town Supervisor Walter Schwan , Robert Powers , Councilman , Noel Desch , Councilman . The Meeting was opened by the Chair at 7 : 30 p . m . JOINT DISCUSSION BETWEEN PLANNING BOARD AND TOWN BOARD IN RE PROPOSED ZONING ORDINANCE . . Mr . Francese announced that he had taken the proposed zoning ordinance to Albany with him last week and had met with two State attorneys , Mr . Coon and Mr . Sheldon Damsky . The following points were the highlights of that meeting . 1 . In most cases , final approvals go to the Town Board . The Planning Board has authority only to approve subdivisions . As long as lands are subdivided they can be approved by the Planning Board only . Other than that they go to the Town Board . There is a lot of precedent under the law on this point , but it is ambiguous . However , the State attorneys made it clear that the Planning Board has no authority to approve plans unless there is a subdivision . 2 . The attorneys were asked if the zoning ordinance applies to public institutions . In the case of churches , non-profit organizations , etc . , they can be regulated by special permit . Cornell University is half State lands and half private lands . The problem is how much the State gets involved . It is clear that the Town has no authority over the State Dormitory Authority or BOCES . Ithaca College is a private institution and could be regulated within reason . 3 . Mr . Francese asked the attorneys if the Concept of our new zoning ordinance is alright . He was told that they could see no difficulty with the concepts , however , we do have a lot of subdivision regulations incorporated in the ordinance . It appeared to them also that the Planning Board acts as an advisory board to the Town Board which is rather unusual . 4 . Mr . Francese asked about the Mobile Home section . They • pointed out that we have regulations in the zoning ordinance but no R- 3 zone shown on the Map . They pointed out that this would then make a Mobile Home District a Floating Zone . They stated that floating zones are okay , but in this case a Town must have very clear standards spelled out in the ordinance which must be met before a rezoning will be considered . Town of Ithaca Planning Board - 2 - March 12 , 1974 5 . With reference to Special Permits . They must be issued by • the Zoning Board of Appeals or the Town Board . In our proposed ordin- ance this is in the hands of the Planning Board . This must be changed . 6 . Definition of Family . The attorneys have seen both the proposed zoning ordinance definition and the one proposed by Mr . Buyoucos . They gave no definite answer on this question . 7 . High density and low density concept .' The attorneys felt that as long as it is defined the concept is okay . 8 . Clustering . The attorneys felt that tahere we have simply said that a developer can cluster according to ; Sectiion 281 is dangerous . The zoning ordinance states that the Town Board gives the Planning Board the power to cluster under 281 . They $ani that the specific conditions have to be attached , and must be very detailed . 9 . They suggested that we define subdivision very closely if the Planning Board can handle them . 10 . The attorneys suggested that the new zoning ordinance upon adoption be published as a local law and that every single word should be published . At this point , the discussion began . • Mrs . Holcomb presented the Planning Board ' s recommendation for road designations . The recommendations were acceptable to the Town Board . Mrs . Holcomb pointed out the set-back recommendations , i . e . , primary 60 ' , secondary 501 , and tertiary 401 . Mr . Powers asked if there were provision for average set-back . Mrs . Holcomb stated that there was not . For example , if the average set-back were 30 ' and the requirement were 501 , a person must build with a 501 set-back . Mr . Desch wondered if we were building in a house resale problem with all these non - conforming uses . It was suggested that Mr . Francese talk to the mortgage people at the banks about set-backs . Mr • Kroohs presented the proposed zoning map . There were some questions re 501 � lots such as those on Kendall and Pennsylvania Avenues . Mrs . Holcomb stated that they are lots of deed record and are legal . Mrs . Holcomb pointed out that R- 15 , R- 9 , and R- 30 designations are all gone . The terminology for residential is now R- l . Multiple is now called R- 2 and is the same area as presently zoned . No new areas have been added . R- 3 (Mobile Home District ) is not shown on the Map . It is essentially a floating zone . Agriculture Zone has been changed . Business is the same with nothing added , but some have been deleted . Public Use has been shown on the map now for clarity . Heavy Industrial does not appear on the map . NCR has- been rezoned from Heavy to Light Industrial . This met with approval . • Mrs . Holcomb stated that the Planning Board went over the map in great detail and all those specific zones which we do not have a plan for and have not been developed for a number of years have been rezoned to R- 1 . This would include for example , Liberman multiple and Commercial E ; Hermann on Danby Rd . which was zoned multiple ; Ashland Oil which was light industrial ; Brink commercial zone . The light industrial land presently occupied by Therm is the same but the land � r U Town of Ithaca Planning Board - 3 - March 12 , 1974 • that is presently not owned by Therm has been put back to R- 1 . This may be reversed and remain light industrial if Therm actually acquires the land which they propose to do . There was a light industrial area near the Flood Control Channell which is now R- 1 . Mr . Schwan commented that if these people complain they should be told that they have six months to produce a plan and a developer , Mrs . Holcomb commented that Koppers remains non -conforming . It was pointed out that there is no mention in the zoning ordinance of gravel extraction . This will be a separate ordinance . At this point , Mr . Francese summarized the ordinance for the Town Board members ' benefit from beginning to end . Mr . Francese finishea by stating that the Zoning Schedule has not been prepared yet . It was decided that the Planning Board and the Town Board would meet again for further discussion of the proposed zoning ordinance on March 26th , 1974 , at 7030 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , •