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HomeMy WebLinkAboutTB Minutes 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 aproposed 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 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: LI AD VERTISEMENT/NOTICE ❑ NOTICE OF PUBLIC HEARINGS ❑ NOTICE OF ESTOPPEL ❑ NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER Extend moratorium on 2-family etc. Town of Ithaca "Notice of 3pecal 'mect&nu2.. and Public H--rings:i Tax exemption for Housing Trust Lands The Ithaca Town Board will hold a Special meeting on Thursday, February 2,2017 at Town all,215 h7.-7iaga 3. Location of Sign Board Used for Posting: 5t at^>.ao p m. for the per Town Clerk's Office _ pose of=nnsLaw Ext n ding used 6+acal Lew extending the Y+Atror;sturiu Kn On New 215 North Tioga Street Ithaca, NY 14850 " t t ,.ranrns•F,:+ecn7),y;CYweMlln5l�r anO Town website at www.town.ithaca.ny.us on the Adarton of a Second Dw.ning Unit Loan ' lirdsting,One-Family Dwelf.' ,.. `. m9,Thrpugh JuJy 31, 2017/ an sA a lyroliused 7uicaf law er(ttlgp�,d"(A.manr X'o+nn of Date of Posting: January 23,2017 ndrctiehaca ware Chapter i4d yl "'}'aN W,e 4v„ r . Date of b ' atn: January 24, 2017 fnl �wr`I�ulf e r ` tlea"Hagslncy Hrust WJApt, ,�p jca P kYra4ly Hxe. emrrti-f fart wfakatlmn Residential Houcuag on , Lend Owned by Housing Tint. .. r" At which time all persdr�s --�_....... - Interested'in either ofthz stilette Terwilliger proposed local laws Town Clerk ` they draft local lawbe hcard. Fare of availably on the Town wetort.at www:tovve5_iYBiai; a.ny.us. Paxulette rerwin ioer STATE OF NEW YORK) L/2ti2ahrk COUNTY OF TOMPKINS) SS: __.. TOWN OF ITHACA) Sworn-ta. nd subscribed before me this( D-day of 201/. Notary Public _. Debra DeAugistine Notary Public-State of New York No.O DE6148035 Qualified in Tompkins County My Commission Expires June 19,20 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 I lousing 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 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, 5:30 p.m. Board Members Present: Bill Goodman, Supervisor; Rod Howe, Deputy Town Supervisor; Tee-Ann Hunter, Eric Levine, and Rich DePaolo Absent: Pamela Bleiwas and Pat Leary Staff Present: Susan Ritter, Director of Planning, Bruce Bates, Director of Code Enforcement; Mike Solvig, Director of Finance, Judy Drake, Director of Human Resources;Paulette Rosa, Town Clerk; Jim Weber, Highway Superintendent and Susan Brock, Attorney for the Town 1. Call to order—Meeting called to order at 5:30 p.m. Mr. Goodman noted for the record that the public hearings have been duly advertised. 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 Mr. Goodman opened the public hearing at 5:32 p.m. Patty Porter, 104 Juniper Drive, read a prepared statement(Attachment 1) Ms.Porter submitted the letter and noted that she was able to reach 14 out of 18 residents in the neighborhood and all signed the petition. Mr. Goodman noted for everyone's benefit that the reason the Town is seeking an extension is because the Planning Committee has been working on different options to change Town Law but haven't quite finished the proposed changes and we need a little more time. Residents can keep in touch with us for updates or attend the Committee meetings for more information. Resident—Lady asked if the moratorium was so the rules with the moratorium are permanent and Mr. Goodman responded, no, the moratorium would go through July 31s`to allow for permanent changes to the Town Code which would be permanent. She asked if the direction the Committee and the Town Board were going to was similar to the moratorium and Mr. Goodman responded that he could talk to her later on the specifics and the ideas being discussed, but this was a public hearing on the extension. Resident—Gentleman stated that he was a neighbor of Ms. Porter's and he thanked the Board for the work being done on this issue. He stated that his neighbors would like to see the neighborhood be predominantly home owners as opposed to property owners. They are not looking to take away anyone's rights but want to make sure that the owner lives there because then there is some control over the quality of the tenants because tenants will behave better knowing their landlord is right there. He added that the group is asking for this so they have the confidence to remain and continue to invest in their own properties knowing they can stay and be happy. Mr. Goodman closed the public hearing at 5:38 p.m. TB 2017-02-02 Pg. 1 TB Resolution 2017 - 018: Adopt Local Law 2 of 2017 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 2 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 TB 2017-02-02 Pg. 2 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: Rich DePaolo Seconded: Rod Howe Vote: Ayes—DePaolo, Howe, Hunter, Levine and Goodman Absent: Pamela Bleiwas and Pat Leary Mr. DePaolo noted for the public that the next meeting is February 16`h in the Aurora Room. It is to early to say what is going to come out of this process because people want different things and this is a democratic process and Mr. Goodman invited anyone to send him an email and he could discuss what is being talked about. 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" Mr. Goodman noted for the record that the public hearing was properly advertised and opened the public hearing at 5:42 p.m.; there was no one wishing to address the board and the hearing was closed. Mr. Goodman explained that INHS created a land trust where in order to maintain affordability for the units, the land is held in trust and the structure is owned by individuals. When an owner goes to sell it, they are selling the structure only, not the land, and the resale value is regulated by a deed restriction and the ground lease. The Assessment Department includes the value of the land in the total assessment for the unit even though the people don't own the land, so their tax burden is higher than what they could actually resell it for. INHS went to the County and the County went to the State and we told the State we were tine with allowing an exemption. Mr. Goodman added that it was interesting in the State legislation that they allowed this to be offered in certain size municipalities and he will be asking Ms. Lifton why and what would happen if we go over that population limit. The County has offered the exemption and he wasn't sure what the School District was going to do and in talking with Jay Franklin at Assessment, the exemption does not count toward the Fire Tax. Mr. Goodman stated that the homeowner would save approximately $170.50 on their tax bill. Mr. Levine spoke in favor of the local law and he thinks the County should have simply assessed the properties at what they can be sold for and assessing them as a single family house is not right. These owners pay a land lease and they are capped at what they can sell it for so it wasn't a fair process from the beginning. TB Resolution 2017 - 019: Adopt Local Law 3 of 2017 entitled "Amending Town of Ithaca Code Chapter 239, entitled `Taxation,' by adding a new Article VII, entitled `Housing Trust Exemption,' to Partiallv Exempt from Town Taxation Residential Housing on Land Owned by Housing Trusts" TB 2017-02-02 Pg. 3 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 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 this local law is a Type II action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment," and thus adoption of the proposed local law is not subject to review under SFQRA; now therefore be it Resolved, that Local Law 3 of 2017 entitled "Amending 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" 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: Eric Levine Seconded: Tee-Ann Hunter Vote: Ayes—Levine, Hunter, Howe, DePaolo and Goodman Absent: Pat Leary and Pamela Bleiwas Mr. Goodman reported to the Board that Ms. Cosentini is also looking for a tax break according to State Law for developers who put in roads and infrastructure for 3 years while the developer owns it. He is referring this topic to the Budget Committee for review. 4. Executive session to discuss the personnel history of a particular person. Mr. Goodman moved to enter executive session at 6:52p.m., seconded by Mr. Howe; unanimous. Mr. DePaolo moved to reenter open session at 6:05p.m., seconded by Mr. Levine; unanimous. 5. Adjournment Meeting was adjourned t 6:06 p.m. upon a motion by Ms. Hunter, seconded by Mr. DePaolo. r` Subu u e Pau et[e osa, Town Jerk TB 2017-02-02 Pg. 4 February 2, 2017 To the Town Board, Town of Ithaca We are writing to express our support for extending the moratorium on construction of duplexes until the Town adopts new limitations for Medium Density Residential zones. In order to arrest the tendency toward more properties being owned by absentee landlords and preserve single-family neighborhoods in MDR zones, the Town needs to prohibit both new construction of duplexes and the conversion of existing single family homes to include an accessory unit UNLESS the primary unit (or one-half of the duplex) is owner-occupied. Properties which already fail to comply with this requirement can be grandfathered. Furthermore the restrictions in current law need to be maintained on the number of unrelated persons living in 1. a single family home, 2. the primary unit of a single family home with an accessory unit 3. the accessory unit to a single family home and 4. either half of a duplex. It is critical that the definition of"family" be maintained according to current law. There should not be any new construction or conversion that results in a property having more than two units. We also ask that new construction and conversion be required to conform to reasonable design guidelines and subject to site-plan review, including guidelines to prevent unsightly impacts on the streetscape, such as limitations on the amount of yard space that may be devoted to driveway/parking area. Finally, we write to support the Planning Committee's intention to encourage denser development in the designated growth areas near East Hill Plaza and near the Route 9613/King Road intersection, as a means of accommodating the demand for rental housing outside of MDR zones. Thank you for your kind attention. s1 Nle �'a' G to/ '�IiUGVlet�u l�f �, 1 lii�/) C1j�G� �l/Q6�1 tS t eh�n2s Ut � a5 PIYIDk- VC r0 LyiA /©L/ /ACLcOnl ��acQ %d—1 JJ-/1�cgr br �/A�h�.n.2/c..yvY a' ►y\E�iSS A�..+c k��e) �O 3 .�wY,,c.�-Qav �3 4-ej/I r6Wloa V-VAv/?fie_ Zbo ✓�� N\� de��hn SeJe� � \�j�un.ee2. Jz. . 0 r� K.PriALIN I--JSTY� IL2 � IYIE�i p� ��' J fi page 2