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HomeMy WebLinkAboutZBA Minutes 1991-02-27 I FWD TOWN OF ITHACA Date Town of Ithaca Clerk 1 Zoning Board of Appeals February 27 , 1991 . TOWN OF ITHACA ZONING BOARD OF APPEALS FEBRUARY 27 , 1991 PRESENT : Chairman Edward Austen , Robert Hines , Joan Reuning , Town Attorney John Barney , Zoning Enforcement Officer / Building Inspector Andrew Frost . ABSENT : Edward King . OTHERS PRESENT : E . °Peter Scala . Chairman Austen opened the meeting at 7 : 13 p . m . and stated that there were to be no public hearings at this meeting , therefore there was no posting , publication or notifications sent out for the meeting . Interviewing of Candidate for Zoning Board of Appeals Vacancy Chairman Austen explained that the term of office for the vacancy on the Zoning Board of Appeals will expire on December 31 , 1991 . Mr . E . Peter Scala , 128 Cayuga Park Road , was interviewed by the Board and expressed interest and willingness to serve as a member of the Board . The Board thanked Mr . Scala for his interest . Adiournment into Executive Session By Mr . Robert Hines , seconded by Mrs . Joan Reuning : RESOLVED , That the Town of Ithaca Zoning Board of Appeals adjourn into Executive Session to discuss the five persons who have interviewed for the position on the Board of Appeals , with a term to expire December 31 , 1991 . Ayes - Hines , Reuning , Austen . Nays - None . The motion carried unanimously . Regular Session On a motion the meeting reconvened in Regular Session at 7 : 55 p . m . and the following motion was put forth : Town of Ithaca 2 Zoning Board of Appeals February 27 , 1991 . MOTION By Mr . Robert Hines , seconded by Mrs . Joan Reuning : WHEREAS , the Town of Ithaca Zoning Board of Appeals has interviewed the following persons to serve as a member of the Board of Appeals : Mrs . Jane Schafrik , 1491 Trumansburg Road , Mr . Manning Woolley , 133 Glenside Road , Mr . Robert H . Mead , 222 Enfield Falls Road , and Mr . E . Peter Scala , 128 Cayuga Parks Road , and WHEREAS , the Board of Zoning Appeals thanks the above named persons for showing an interest in the Board of Zoning Appeals , now , therefore , be it RESOLVED , that the Town of Ithaca Zoning Board of Appeals recommends to the Ithaca Town Board the name of E . Peter Scala to serve on the Zoning Board of Appeals with a term to expire December 31 , 1991 , to fill the vacancy created by the resignation of Mr . Henry Aron . A vote on the motion resulted as follows : Ayes - Hines , Reuning , Austen . Nays - None . The motion carried unanimously . Discussion on proposed Local Laws pertaining to certain Procedures and actions relating to site plan approvals Chairman Austen referred to a letter from Robert Hines , dated February 25 , 1991 to Supervisor Raffensperger and Town Board members re . Proposed Local Law Regarding Site Plan Approval , for Certain Construction in Various Residential Districts , which is attached hereto as Exhibit # 1 . Two other proposed Local Laws were presented to the Board . They are entitled : " Proposed Local Law Amending the Town of Ithaca Zoning Ordinance Providing that the Board of Zoning Appeals may not Act in Certain Circumstances without an Affirmative Recommendation of the Planning Board " , and " Proposed Local Law Amending the Zoning Ordinance Relating to Procedures for Site Plans " . After discussion on the Local Laws , Mr . Hines stated that he redraft the letter , with changes to include all three proposed Local Laws , to Supervisor Raffensperger and Town Board members . Town of Ithaca 3 Zoning Board of Appeals February 27 , 1991 . MOTION By Mrs . Joan Reuning , seconded by Mr . Robert Hines . WHEREAS , the Town of Ithaca Zoning Board of Appeals has considered the three proposed Local Laws ; now , therefore , be it RESOLVED , that the Zoning Board of Appeals go and hereby does go on record to the Town Board that it is not in favor of these particular proposed amendments to the Zoning Ordinance , and be it further RESOLVED , that , Board member Hines will prepare a follow-up letter to the Town Board regarding said proposed amendments . ( See A vote on the motion resulted as follows . Secretary ' s Note . Ayes - Reuning , Hines , Austen . Below . ) Nays - None . The motion carried unanimously . Adjournment On a motion the meeting adjourned at 8 : 15 p . m . livConnie J . Holcomb Recording Secretary APPROVED . Edward Austen, Chairman Secretary ' s Note : The three referenced proposed local laws and the referenced follow- up letter are attached to these Minutes as Exhibit # 2 . Nancy M . Fuller ® ATTORNEY AT LAW p 417 NORTH ��CCAYUGAA STREET �G z�acm, .�l�etu- .Je�ii� //IPSO 607 • 273-6111 FAX 607 • 273-7920 February 25 , 1991 Town Board Town of Ithaca 126 E . Seneca Street Ithaca , New York 14850 Re : Proposed Local Law Regarding Site Plan Approval for Certain Constructdon ,nn yA Var-l-Au-6 Residentie4 Distr4cts Dear Shirley : At its meeting on February 13 , 1991 the Zoning Board of Appeals reviewed the proposed local law on site plan approvals which had been previously prepared by the Codes & Ordinances Committee . As our Minutes would indicate the ZBA was unanimous in its resolution of disapproval for .this proposed law . I was requested by the Board to forward to you a letter briefly explaining our reasons for such action . This local law adds to categories of construction for which site plan approval is required . In addition , it requires approval as a condition precedent to final action by the Board of Appeals . Thus , an applicant , upon rejection of site plan approval will be faced with the prospect of obtaining Court review of the Planning Board denial before the Board of Zoning Appeals may act . This is an expensive process . ' In addition , should the Court review result in a reversal of the Planning Board decision the applicant has no prior assurance of Zoning Board of Appeals approval. This overlay of review processes - seems excessively burdensome and expensive . We are not commenting on those situations where site plan approval is already required although the same criticism would apply . The input , advice and opinions of the Planning Board are always valuable and give great assistance to the Zoning Board of Appeals in its deliberations . However , to impose a veto over the review process seems to be an undue expense and burden- upon the applicant without any substantial benefit to the community . Very truly yours , Robert J . Hines RJH/ pb 4tirle�L ATTORNEY AT LAW 417 NORTH CAYUGA STREET ,Vaca,, nw. %l e ///SSD 607 • 273-6111 FAX 607 • 273- 7920 February 28 , 1991 Town Board Town of Ithaca 126 E . Seneca Street Ithaca , New York 14850 Re : Proposed Local Laws Regarding Site Plan Approval Dear Supervisor Raffensperger and Members of the Town Board . At its meetings on February 13 , 1991 and February 27 , 1991 the Zoning Board of Appeals reviewed the proposed local laws on site plan approvals which had been previously prepared by the Codes & Ordinances Committee . As our Minutes would indicate the ZBA was unanimous in its resolution of disapproval for these proposed laws . I was requested by the Board to forward to you a letter briefly explaining our reasons for such action . These local laws add to categories of construction for which site plan approval is required . In addition , they require approval as a condition precedent to final action by the Board of Appeal's . Thus , an applicant , upon rejection of site plan approval will be faced with the prospect of obtaining Court review of the Planning Board denial before the Board of Zoning Appeals may act . This is an expensive process . In addition , should the Court review result in a reversal of the Planning Board decision the applicant has no prior assurance of Zoning Board of Appeals approval . This overlay of review processes seems excessively burdensome and expensive . The input , advice and opinions of the Planning Board are always valuable and give great assistance to the Zoning Board of Appeals in its deliberations . However , to impose a Planning Board veto over the review process seems to be an undue expense and burden upon the applicant without any substantial benefit to the community . Very truly yours , Robert Hines RJH/ pb � � og .2 , r r affirm . 11 , Ith . 12 / 21/ 90 , 9 : 22 a . m . TOWN OF ITHACA LOCAL LAW N0 . OF THE YEAR 19 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE PROVIDING THAT THE BOARD OF ZONING APPEALS MAY NOT ACT IN CERTAIN CIRCUMSTANCES WITHOUT AN AFFIRMATIVE RECOMMENDATION OF THE PLANNING BOARD . Be it enacted by the Town Board of the Town of Ithaca as follows : The Zoning Ordinance of the Town of Ithaca as readopted , amendedand revised effective February 26 , 1968 , and subsequently amended , be further amended as follows : 1 . Article XIV , Section 77 , is amended by renumbering subparagraph 9 to be subparagraph 10 and inserting a new subparagraph 9 reading as follows : "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 t `+ e 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 . " 2 . This local law shall take effect upon its publication as required by law . X02. rGpG3c' : idincj that the 3Ga . d Os ZoninC, tt.�. ca . 5 � t - may not Act in Certain Circumstances without an Affirmative Recommendation of the Planning Board Recommendation to Town Board Planning Board , January 15 , 1991 ADOPTED RESOLUTION : Proposed Local Law Amending the Town of Ithaca Zoning Ordinance Providing that the Board of Zoning Appeals may not Act in Certain Circumstances without an Affirmative Recommendation of the Planning Board Recommendation to Town Board Planning Board , January 15 , 1991 MOTION by Mrs . Virginia Langhans , seconded by Mrs . Eva Hoffmann : RESOLVED , that the Town of Ithaca Planning Board recommend and hereby does recommend to the Town Board the adoption of the proposed Local Law Amending the Town of Ithaca Zoning Ordinance Providing that the Board of Zoning Appeals may not Act in Certain Circumstnaces without an Affirmative Recommendation of the . Planning Board , as the same is attached hereto . Aye - Grigorov , Kenerson , Langhans , Lesser , Smith , Hoffmann , Aronson . Nay - None . CARRIED UNANIMOUSLY . Nan y M .' /Fuller , Secretary , Town of Ithaca Planning Board . January 18 , 1991 . • SPA LL , Ith , 12 / 21 / 90 , 9 : 50 a . m . TOWN OF ITHACA LOCAL LAW NO . OF THE YEAR 19 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REQUIRING SITE PLAN APPROVAL FOR CERTAIN CONSTRUCTION IN VARIOUS RESIDENTIAL DISTRICTS OF THE TOWN . Be it enacted by the Town Board of the Town of Ithaca as follows : The Zoning Ordinance of the Town of Ithaca as readopted , amended and revised effective February 26 , 1968 , and subsequently amended , be further amended as follows : 1 . Article II -A , Section 3C , subdivision 6 , is hereby amended by deleting the last sentence thereof and inserting instead the following : " The application for such approval shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and . approved same . If the Zoning Board of Appeals approves same , and . if only a preliminary site plan was approved by the Planning . Board , the matter shall be returned to the , Planning Board for final site plan approval . The site plan approval process shall be as set forth in Article IX . No building permit shall be issued unless the proposed structure is in accordance with the final site approved by the , Pianning Board . " 2 . Article III , Section 4 , is hereby amended by deleting subdivisions 3 , 41 51 6 , 7 , 11 , and 12 and inserting a new subdivision 3 reading as follows: "The following uses but only upon receipt of a special approval for same by the Board of Appeals in accordance with the procedures described below : ( a ) Church . or other places ofworship , convent and parish house . ( b ) Public library , public museum , public , parochial or private school , nursery school , daycare center , fraternity or sorority houses , . and any institution of , higher learning including dormitory accommodations . SPA LL , Ith , 12 / 21/ 90 , 9 : 50 a . m . ® ( c ) Publicly owned park or playground including accessory buildings and improvements . ( d ) Fire station or other public building necessary to the protection of or the servicing of a neighborhood . ( e ) Golf course except a driving range , or miniature golf course . ( f ) Hospital , provided that no building so used shall be within 100 feet of any street or within 150 feet of the lot line of any adjoining owner . ( g ) Nursing or convalescent home , or medical clinic . ( h ) The application for approval of any of the foregoing uses shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and approved same . If the Zoning Board of Appeals approves same , and if only a preliminary site plan was approved by the Planning Board , the matter shall be . returned to the Planning Board for final site plan approval . The site plan approval process shall be as set forth in Article IX . No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board . 0 3 . Article III , Section 4 , subdivisions 8 , ' 9 , 10 , 13 , 14 , 15 , 16 , 17 , 18 , and 19 , are renumbered subdivisions 4 , 5 , 6 , 71 81 9 , 10 , 11 , . 12 , and 13 respectively . 4 . Article IV , Section 11 , subdivisions 3 , 4 , 5 , 6 , and 7 are hereby deleted . and the following new subdivision 3 inserted as follows : " The following uses butonly upon . receipt of a special approval for same by the Board of Appeals in accordance with the procedures described below : ( a ) Church or other places of worship , convent and parish house . ( b ) Public library , public museum , public , parochial and private schools , : daycare center , nursery school , and any institution . of higher learning including dormitory accommodations . ( c ) Publicly owned park or playground including accessory buildings and improvements . �Oxx SPALL , Ith , 12 / 21/ 90 , 9 : 50 a . m . ( d ) Fire station or other public building necessary to the protection of or the servicing of a neighborhood . ( e ) Golf course , except a driving range , or miniature golf course . ( f ) The application for approval for any of the foregoing uses shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and approved same . If the Zoning Board of Appeals approves same , and if only a preliminary site plan was approved by the Planning Board , the matter shall be returned to the Planning Board for final site plan approval . The site plan approval process shall be as set forth in Article IX . No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board . " 5 . Article IV , Section 11 , subdivisions 8 , 91 10 , 11 , and 12 are renumbered 4 , 51 61 7 and 8 respectively . 6 . Article V , Section 18 , is hereby amended by deleting subdivisions 3 , 41 51 61 71 10 , and 11 and inserting instead the following : " The following uses but only upon receipt of a special approval . for same by the Board of Appeals in accordance with the procedures described below : ( a ) Church or other places of worship , convent and parish house . ( b ) Public library , public museum , public , parochial and private. schools, daycare center , nursery school , and any institution ' of higher learning including dormitory accommodations . ( c ) Publicly owned park or playground including accessory buildings and improvements . ( d ) , Fire station or other public building necessary to the protection of or the servicing of a neighborhood . ( e ) Golf course , except ' a driving range or miniature golf course . ( f ) Hospital , provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner . SPA LL , Ith , 12 / 21/ 90 , 9 : 50 a . m . ® ( g ) Nursing or convalescent home , or medical clinics . ( h ) The application for approval of any of the foregoing uses shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and approved same . If the Zoning Board of Appeals approves same , and if only a preliminary site plan was approved by the Planning Board , the matter shall be returned to the Planning Board for final site plan approval , The site plan approval process shall be as set forth in Article IX . No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board . 7 . Article V , Section 18 , is further amended by renumbering subdivisions 8 , 9 , 121 13 , 14 , 15 16 , 17 , and 18 to be subdivisions 4 , 51 61 71 81 9 , 10 , 11 , and 12 respectively . 8 . This local law shall take effect upon its publication as required by law . • . . - -. - Proposed Local Law Amending the Town of Ithaca - 1 - Zoning Ordinance Requiring Site Plan Approval for Certain Construction in Various Residential Districts of the Town ® Recommendation to Town Board Planning Board , February 5 , 1991 * * * * * * * * * * * * * * * * * * * * * ADOPTED RESOLUTION : Proposed Local Law Amending the Town of Ithaca Zoning Ordinance Requiring Site Plan Approval for Certain Construction in Various Residential Districts of the Town Recommendation to Town Board Planning Board , February 5 , 1991 MOTION by Mr . Robert Kenerson , seconded by Mrs . Virginia Langhans : RESOLVED , that the Town of Ithaca Planning Board recommend and hereby does recommend to the Torn Board the adoption of the proposed Local Law Amending the Town of Ithaca Zoning Ordinance Requiring Site Plan . Approval for Certain Oonstruction in Various Residential Districts of the Town , as the same is attached hereto . Aye - Grigorov , Kenerson , Langhans , Lesser , Smith , Hoffmann , Aronson . Nay - None . CARRIED UNANIMOUSLY , • V Nancy M . Fuller , Secretary , Town of Ithaca Planning Board , February 6 , 1991 . • TOWN OF ITHACA ® LOCAL LAW N0 , OF THE YEAR 19 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO PROCEDURES FOR SITE PLANS . Be it enacted by the Town Board of the Town of Ithaca as follows : The Zoning Ordinance of the Town of Ithaca as readopted , amended and revised effective February 26 , 1968 , and subsequently amended , be further amended as follows : i . Article IX , Section 460nnva , subdivision 1 , is amended . by changing the first sentence to read as follows : " l . After a Residence District R5 , Multiple Residence , Business , Light Industrial or Industrial District , or any other Special Land Use District , has been established by the Town Board and whenever . a specified development or changes in the general plan are proposed , or whenever a site plan is required by any other .provision of this ordinance , a site plan for the proposed use must be submitted and approved by the Planning Board before a building permit may be issued . . . " ® 2 . Article IX , Section 46 - a , subdivision 2 , is amended by deleting the second sentence thereof . 3 . Article IX , Section 4 .6 - a , subdivision 3 , is amended to read as follows : " 3 . Upon submission of a final site plan , the Planning Board shall approve or disapprove the final site plan . The owner shall be bound by the final site plan as approved by the Planning Board . " 4 . Article IX , Section 46 - a is further amended by addinga new subdivision 4 reading as follows : 1r4 . If at any time subsequent to the approval of the final site plan , the , owner shall wish to change the site plan as approved , an application : with . the revised site plan prepared in accordance with the requirements of this ordinance shall be submitted to the Planning Board for the Planning Board ' s approval . In reviewing such application for a modified site plan the Planning Board shall have all of the powers it has with respectto reviewing an original application for site plan approval . Notwithstanding ' the foregoing , if the modification involves ( a ) construction or alteration of less than 1 , 000 ® square feet of enclosed space whether on one or more stories ; and ( b ) construction or relocation of less than 3 parking spaces ; and ( c ) construction , repairs , alterations , or renovations affecting the exterior of a building or the site , ( exterior work is anticipated to cost less than $ 10 , 000 . 00 ) , and ( d ) enlargement of an existing building that involves an increase of square footage of less than 10 % of the existing square footage of the existing building ; and ( e ) does not alter proposed traffic flows and access ; and ( f ) does not directly violate any express conditions imposed by the Planning Board in granting prior site plan approval , or if the modification involves ( a ) a movement or shift of a location of one or more buildings not more than two feet in any direction from the location shown on the final site plan ; and ( b ) such shift does not alter proposed traffic flows or acce.ss ; and ( c ) such shift does riot directly violate any express conditions ( including , without limitation , buffer zones , setbacks , etc . ) imposed by the Planning Board in granting prior site plan approval , then such modification may be made without requiring approval of the modified site plan by the Planning Board . This waiver of the requirement of Planning Board approval is not intended to permit . construction in violation of any other provision of the Zoning Ordinance including setback , side yard , and similar regulations , or the requirement to obtain a building permit in those circumstances when otherwise required by the terms of this ordinance . 2 . This law shall take effect upon its publication as required by law . • 2, • Proposed Locai La :v :,rending the Zoning Ordinance - i - Relating to Procedures for Site Plans Recommendation to Town Board Planning Board , January 15 , 1991 ADOPTED RESOLUTION : Proposed Local Lavy Amending the Zoning Ordinance Relating to Procedures for Site Plans Recommendation to Town Board Planning Board ., January 15 , 1991 MOTION by Dr . William Lesser , seconded by Mr . Stephen Smith : RESOLVED , that the Town of Ithaca Planning Board recommend and hereby does recommend to the Town Board the adoption of the proposed Local Law Amending the Town of Ithaca Zoning Ordinance Relating to Procedures for Site Plans , as the same is attached hereto . Aye - Grigorov , Kenerson , Langhans , Lesser , Smith , Hoffmann , Aronson . Nay - None . CARRIED UNANIMOUSLY . y!'J v tC� Naricy M67 Fuller , Secretary , Town of Ithaca Planning Board . January 18 , 1991 .