Loading...
HomeMy WebLinkAboutTB Packet 2017-02-02 MEETING OF THE ITHACA TOWN BOARD Thursday, February 2,2017,5:30 p.m. 1. Call to order 2. Public hearing regarding a proposed Local Law Extending the Moratorium on New Two- Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One- Family Dwelling,Through July 31, 2017 a. Consider adoption 3. Public hearing regarding a proposed Local Law entitled"Amend Town of Ithaca Code Chapter 239, entitled `Taxation,' by adding a new Article VII, entitled `Housing Trust Exemption,' to Partially Exempt from Town Taxation Residential Housing on Land Owned by Housing Trusts" a. Consider adoption 4. Executive session to discuss the personnel history of a particular person. 5. Adjournment Town of Ithaca Notice of Special Meeting and Public Hearings The Ithaca Town Board will hold a special meeting on Thursday, February 2, 2017 at Town Hall, 215 N. Tioga St at 5:30 p.m. for the purpose of considering: a proposed Local Law Extending the Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, Through July 31, 2017, and a proposed local law entitled "Amend Town of Ithaca Code Chapter 239, entitled `Taxation,' by adding a new Article VII, entitled `Housing Trust Exemption,' to Partially Exempt from Town Taxation Residential Housing on Land Owned by Housing Trusts." At which time all persons interested in either of the above proposed local laws may be heard. Copies of the draft local law are available on the Town website at www.town.ithaca.nv.us. Paulette Terwilliger Town Clerk TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Paulette Terwilliger, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ❑ ADVERTISEMENT/NOTICE NOTICE OF PUBLIC HEARINGS ❑ NOTICE OF ESTOPPEL ❑ NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER Extend moratorium on 2-family etc. � a'n�:ar' Town Of Ithaca Notice Of SCre6of Iklecxt ho and nublir B lel.+rltles Tax exemption for Housing Trust Lands Tho Ithacx'lown Board will hold a Spacial meeot.ing car Thursday, f-ebruaiy 2, 2017 at Town hall 215 N. Ploga ,.. Location of Sign Board Used for Posting: sz Nt.a.3tr„n, fcrr the p6r- T own Clerk's Office poem arLOcal U'AW fiat n ling s prrr,q,vt 4,r,c-a(L vw.kix0.errdlrvh7 'nhe tv7mPexxa:xr Nain on 1*Iraw 215 North Tioga Street Ithaca, NY 14850 Il "Cmnro-1;,xmYly,L"Lv,apaillnea"uurad; . Town website at www.town.ithaca.ny.us oWr P15&+AdxNciftfon oM,x gwrorf!f?we>I1Cng Ll,cit uto%lfn `. FiSuia Cing,Cdrra:"Pwrn IIY r7w ' irryy, fkrriaugir luEy J1 f)i 17); wupau4 2A g'{tnoosucl hacall.rw aeiv4➢CIosA "FMrn�nU fovGn Of, bq R'I kW<°a Cc,Tgi o.,Tk* y; oct Date of Posting: January 23, 2017 etxlaxryntr ,r,�rr�tacrxxJ;tyaaa7," arfr,/aHousinq-rt+r`'r,tu,anus;; Date of Ftib '�at4�pn: :Ianuary 24 2017 td+acC•a7oUntng ry nsl. f/ ' tX60IA lA ,d°tt2VtI H]4m / P nurvif "1 Yih Y`a�G f`saxatCyan Gal. ad¢a,rti.o r-Wu^ing am Land (a,wrrurl by F16axing Pw oats • l i" --^�'r~�`'"•� ✓ t which tenni all trona nx irnivrosted in e�lther o6 tiro aulette TeYWllllgE:r alxwe proposed local.laws may be hea,ci. Car.Aos or Town Clerk , thedoafs local law are nvran,ahrle can the Tows, websito a1',wwwe.town.1thar: 4,ny,"S. Pavlatte'TervWliaer STATE OF NEW YORK) Town ark COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sw/orn-to nd subscribed before me this a4l= day of t, e. 204 r Notary Public Debra DeAugistine Notary Public-State of New York No.01 DE6148035 ttyy My Commission Expires Juno 10,20 Paulette Terwilliger To: 2017 Town Board; MTM no Bill; Susan Brock(brock@clarityconnect.com) Subject: Draft Local Law regarding Exempting the Town from certain reviews Attachments: Local Law--Amend Ch 270 Town of Ithaca water infrastructure 02-01-17.pdf Attached is the secured draft version of the proposed LOCAL LAW AMENDING THE TOWN OF ITHACA CODE,CHAPTER 270 ENTITLED"ZONING", EXEMPTING TOWN OF ITHACA-OWNED WATER INFRASTRUCTURE FROM HEIGHT,SETBACK, BUFFER AND LOT COVERAGE REQUIREMENTS This email meets the requirements of MHRL 20. Thankyou Paulette Rosa Town Clerk 1 MEETING OF THE ITHACA TOWN BOARD Thursday, February 2, 2017 TB Resolution 2017- Adopt Local Law Extending the Moratorium on New Two- Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One- Family Dwelling,Through July 31,2017 Whereas, the Town Board of the Town of Ithaca adopted Local Law 5 of 2016 entitled Providing for a Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, for a Period of Two Hundred Seventy (270)Days; and Whereas, the Town Board and its Planning Committee, along with the Town's Planning Department staff, have been researching and discussing issues related to potential new Town regulations for two-family dwellings; and Whereas, the Town Board anticipates that its review, study and consideration of these issues can be completed, and legislation, if needed, can be drafted and properly adopted by July 31, 2017; and Whereas, the Town Board is concerned that any new legislation would be significantly subverted if development proposals for new two-family dwellings or for the addition of second dwelling units that are covered by the current moratorium were to be entertained and possibly approved before the Town Board considers such legislation; and Whereas, extension of the moratorium until July 31, 2017, will protect the public health, safety and welfare and further the goals of the moratorium by preventing the consideration and approval of these types of development during the limited time the Town needs to complete such review and study and adopt such legislation; and Whereas, at its meeting on January 23, 2017, the Town Board discussed a local law to extend the moratorium until July 31, 2017, and set a public hearing for February 2, 2017 at 5:30 p.m. to receive public comments on it; and Whereas, a notice of public hearing was duly advertised in the Ithaca Journal and said public hearing was duly held on February 2, 2017 at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that adoption of the proposed local law is a Type II action because it constitutes "adoption of a moratorium on land development or construction" pursuant to 6 NYCRR § 617.5(c)(30), and thus adoption of the proposed local law is not subject to review under SEQRA; now therefore be it Resolved, that Local Law of 2017 entitled Extending the Moratorium on New Two- Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One- Family Dwelling,through July 31,2017 is hereby adopted,and be it further Resolved, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved: Seconded: Vote: TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2017 A LOCAL LAW EXTENDING THE MORATORIUM ON NEW TWO-FAMILY DWELLINGS, AND ON THE ADDITION OF A SECOND DWELLING UNIT TO AN EXISTING ONE-FAMILY DWELLING, THROUGH ,JULY 31, 2017 Be it enacted by the Town Board of the Town of Ithaca as follows: Section L Findings and Purpose. The Town Board of the Town of Ithaca finds: A. The Town Board of the Town of Ithaca adopted Local Law No. 5 of the Year 2016, entitled "A Local Law Providing for a Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwellmg,,or a Period of Two Hundred Seventy(270) Days,7,width localjaw becatme effecttwa aY 13, 2(11 ,dnd sures on February 6, 2017.,_' ` `'; B. The Town Board and its Planning�Committee, along,;with the Town's Aanning Department staff, have been researching anti Cl scussing issuer~related to potential pew Town regulatiors,rpr two-family dwellings, C. The "Town Berard anticipates that its review, study and consideration ofthese issues can be completed, and legjsiation, t1 trpe�ed,can be drafted and properly adpted by 1t 1y 31, 20 f" . " I5 'The Town Board is concerned that any neve 1gislatiim would be significantly subverted"if development proposals for new two-family dwellings or for the addition of second dwelling units that are covered by the current moratorium were to be entertained and possibly approved before the Town Board considers such legislation. E. Extension of the moratorium until July 31, 2017, will protect the public health, safety and welfare and further the goals of the moratorium by preventing the consideration and approval of these types of development during the limited time the Town needs to complete such review and study and adopt such legislation. Section 2. Local Law No. 5 of the Year 2016 is hereby amended as follows: A. Section I.K is amended to read as follows: "K. It is anticipated that the Town Board's review, study and consideration of these issues can be completed by July 31, 2017, and that legislation, if needed, can be crafted and properly adopted within that timeframe." B. The first sentence of Section 2 is amended to read as follows: 1 "Section 2. Prohibited Actions. The Town Board hereby declares a moratorium through July 31, 2017, prohibiting each of the following actions within all zones in the Town of Ithaca except the Iligh Density Residential Zones, regardless of the submittal or receipt of any application prior to the effective date of this local law, unless permitted under Section 3 hereunder:" The rest of Section 2 (paragraphs A-D) remains unchanged. C. Section 7 is revised to read as follows: "Section 7. Term. This local law shall be in effect through July 31, 2017, provided, however, that the Penalties section shall remain in full force and effect after such date for the purpose of prosecuting any violation which occurred during the effective period of this local law." Se'C60n,3. Any provision of Local I;avv No. 5 of the Year 2016 not nnicnid'd herein remamS;ip;tidl force and effect. Section 1, Validity. In the event tli MEETING OF THE ITHACA TOWN BOARD Thursday, February 2, 2017 TB Resolution 2017- Adopt Local Law of 2017 entitled "Amend Town of Ithaca Code Chapter 239, entitled `Taxation,' by adding a new Article VII, entitled `Housing Trust Exemption,' to Partially Exempt from Town Taxation Residential Housing on Land Owned by Housing Trusts" Whereas, at its January 23, 2017 meeting, the Town Board of the Town of Ithaca discussed a proposed local law that would provide partial tax exemptions for residential housing on land owned by housing trusts, and set a public hearing for February 2, 2017 at5:30 p.m. to receive public comments on the proposed local law; and Whereas, proper notice of a public hearing was duly advertised in the Ithaca Journal and said public hearing was duly held on February 2, 2017 at the Town I lall of the Town of Ithaca and all,parties in attendance were permitted an opportunity to speak on behpi'(of or in gl?pwsition to sod propgsed local law, or any hart thereof; and Whereas,., pursuantto the, New York Stale Envirorun ntal Quality Review Act ("SIQRA") and its impleinentiug regulations at 6 NYCRR Part 61'7, it has beet? 'determined by the ]'own Board that adoption of this local law is a Type II action because it constitutes "routineor continuing agency administration and management, not including new programs or major reordering of priorities that may affeetthe environment," and thus adoption of the;pxbposed local law isnot subject to review under SEQRA; now therefore be it Resolved, that Local Law : of 2017 entitled "Amend Town of Ithaca Code Chapter 2^,ontitled 'Taxation,' by adding.a,,new,Article VII, entitled ` Dousing Trust Exemption,' to Partiolly,,Exempt from Town Taxation Residential Hpusingr pLand Owned by,flousing Trusts"is hereby adopted, and be it further Resolved, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved: Seconded: Vote: TOWN OF ITHACA LOCAL LAW NO._OF THE YEAR 2017 AMEND TOWN OF ITHACA CODE CHAPTER 239, ENTITLED "TAXATION," BY ADDING A NEW ARTICLE VII, ENTITLED "HOUSING TRUST EXEMPTION," TO PARTIALLY EXEMPT FROM TOWN TAXATION RESIDENTIAL HOUSING ON LAND OWNED BY HOUSING TRUSTS. Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 239 of the Town of Ithaca Code, entitled "Taxation," is amended by adding a new Article VII, entitled "Housing Trust Exemption" as follows: "Section 239-24. Statutory Authority. This uMn16 rs enacted purauantto,Section 467,j,"of the Real Propeft Tax Lav 9f tJae Sale; of t*lew"York,as amended'through Chapter 352;ofthe Laws ol'2"016. Section 239-25. Grant,of ExemPtlom Pursuant to the �fbvisions"of Section 467-j of rhe Real PropertyTax Law of the State of New York, the real property,1ax exemption,a%#thorizud by this,article shall be in an amount equal to,the lateststate equalizatio6TAte multiplied bj &"&fference between the firll resale valueof such real property absebt any,restrietion afid:the maximum resale value of such realproparty estahlished by a'g"6 to residential properties Jgcated on'land owned by a not=fox profit entity and subject taxegulato>y restrictions frotri federal, state or local houaing programs that provide grapts or leans to enhance hrtlsing affordability and subject to a grouncl'lease`or deed restrictions that restrict the resale price of such real property for at least thirty years. Section 239-26. Application for exemption. Such exemption shall be granted only upon successful application by the owner or all the owners of such real property on a form as prescribed by Section 467-j of the Real Property "fax Law of the Sate of New York. The owner or owners shall furnish the information and execute the form in the manner required or prescribed in such form and shall file such form annually in the Tompkins County Assessment office on or before the appropriate taxable status date. Such exemption shall be granted only if the appropriate assessing authority approves the application. Section 239-23. Applicability. This article shall apply to assessment rolls prepared after the effective date of this article on the basis of taxable status dates occurring on or after March 1, 2017." Section 2. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 3. This local law shall take effect upon its filing with the New York Secretary of State.