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HomeMy WebLinkAboutTB Minutes 1981-04-28 TOWN OF ITHACA ADJOURNED BOARD . MEETING April 28 , 1981 At a Adjourned 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 . 7 : 00 P . M . , on the 28th day of April , 1981 there were PRESENT : Noel Desch , Supervisor George Kugler , Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman Henry McPeak , Councilman Dooley Kiefer , Councilwoman ABSENT : Victor Del Rosso , Councilman ALSO PRESENT : Herbert Monkemeyer , 1058 Danby Road E . L . Rose Gastanian , 1058 Danby. Road David L . ' Klein , 131 West Haven Road Lorraine McCue , 101 Regency Lane Jeanne Salino , 459 Troy Road Joseph L . Salino , 459 Troy Road Lillian Rowe , Wonderland Lodge, Lawrence Mark , Wonderland Lodge. Jewel Gray , Grayhaven Motel R . Curtis Gray , Grayhaven hotel Domenic R . Urciuoli , 7145 Henry Clay Boulevard , Liverpool , New . York Representatives . of the Media : Bruce Ryan , WTKO David O ' Flaherty , WHCU PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance : . PUBLIC HEARING TO CONSIDER THE ADOPTION OF PROPOSED AMENDMENTS TO THE ZONING LAW Proof of „ posting and publication notice of a Public Hearing to consider the adoption of proposed amendments to the Zoning Law having been presented by the Town - Clerk , the Supervisor opened the Public Hearing , The Supervisor stated that the Town Board would be discussing three basic elements of the proposed amendments to the Zoning Law at this evenings meeting . The three being , Zoning Revisions , Conservation Districts ( pinning down direction of unique areas ) and response to imput from the last meeting regarding subdivisions in Agricultural Zones . Reversion of property back to residential zones if there is no development activity at the time of the adoption - of the new Zoning Law . Multipl-e zones , Business Zones and combination zones need to be discussed , however , the time should not be taken tonight to discuss these questions . Multiple housing and business zones should be left as determined by the Town Board , even though the specific properties may not have been developed . Deliberations were done and sound rational ' for the variance was determined at that time . Examples are the Lieberman property , the intersection of King Road , West and Danby Town Board Minutes - 2 - April 28 , 1981 Road , the Monkemeyer property , Salino property and Matt Associates . . He noted that motels were a separate issue . Councilwoman. Raffensperger stated that in the case of a rezoning of a parcel of property , this was done because of a plan presented to the Board . The neighbors attended a public hearing and voiced their opinions . The zoning was then changed because of a particular plan . If , after a period of time , a building has not been erected , then the parcel should revert back to the . original zoning . If a rezoning is then needed , another proposal should be presented to the Board and they would be required to go through the same process again . Councilwoman Raffensperger noted that if a 25 unit multiple resident was granted , but was not built , then anyone coming in to build 150 units ., must go to the Planning Board , Supervisor Desch noted that a developer of a site plan . . and rezoning would be required to start over on a . specific proposal . He stated that a time limit could be set after the adoption of the law to . . allow the parcels to remain as non conforming . Town Engineer Fabbroni noted that when . the southwest ::corxier .of King and Danby Roads was zoned commercial , more than the corner was re ." oned . Councilwoman Raffensperger stated - that when a parcel is rezoned for a specific use and then the Town allows other uses , this re sults in inadequate protection for the Town . The two business zones that were rezoned are now worse than was anticipated . Supervisor Desch noted that multi residence was different in density allowed . Town Engineer Fabbroni noted that there was currently no density figures for business zones . Multi residence zones have a performance standard with upper unit limits . Councilman Cramer asked if the maximum for the new . zoning ordinance was 12 ? Town Engineer stated the figure was 10 to 140 Supervisor Desch stated by maintaining a designation in a development , a change in density is unlikely . Supervisor Desch stated , then it will be necessary to go through each situation . Councilwoman Raffensperger asked how many multi family units are there ? Engineer Fabbroni stated two : Monkemeyer and Herman Eta1 . . Councilwoman Raffensperger noted that Matt Associates was rezoned before she was on the Board . She asked if it . were not a mixed zone proposal ? Supervisor Desch stated , as close as you can get to a mixed proposal . Mr . Domenic R . Urciuoli of Matt Associates stated that the property was purchased last year by him . He stated that the land in front was zoned for commercial use . He noted that a year was spent with the Town Board trying to find a practical solution to the topography problem . He further noted that he had encountered problems with Town Board Minutes - 3 - April 28 , 1981 the City on obtaining water . Therefore , he had been unable to do any planning . Historically the property has been zones as commercial for twenty - five years . Twenty - seven building lots, multi - family and commercial . Since he purchased the property he has been working on multiple housing , however , it needs to be carefully designed because of the sewage system . All of the problems and complications were recognized by past boards and he felt it was not practical ' : to : go - through -. the process again with another board . He further stated that it takes a year to get a tenant and that he could not go to the board and say I think I have a tenant , please work with me . Mr . Evan Monkemeyer asked why had the Town decided to rezone hid R- 9 and Commercial property to R- 159 He further noted that the property on the corner is now zoned commercial and that he had - several companies that were intersted in building . He questioned any person wanting to build a house on a busy corner . The Town Engineer responded to Mr . Monkemeyer stating that R- 9 ' s were changed to R- 15 ' s as R- 9 ' s had outdated themselves by time . R- 9 zones not served by utilities are white elephants . . Mr . Monkemeyer asked why was the corner changed to . R- 15 when . it IS zoned commercial now ? Mr . Fabbroni responded , saying by looking . at what is there . Your house is partically used for commercial and would not be effected . Salino ' s property , where the gas station was would not be effected but the rezoning would effect the side lot . Evan Monkemeyer asked , what . do you do with that space ? Would you buy a house there ? Larry Fabbroni stated that four or five people plan to build a house there : Mr . Monkemeyer noted that they would not be built on the corner . Mr . Monkemeyer further stated that the Town should have a comprehensive plan stating that all corners would be commercial zones . Councilwoman Raffensperger asked how long had the property been zoned commercial ? Town Engineer Fabbroni noted the land was rezoned in 1954 : Herbert Monkemeyer asked if the land were to remain in a commercial - zone , would it be zoned B1 or B2 ? Town Engineer Fabbroni stated that he felt it would make more sense . to make the area a Bl zone . Town Engineer Fabbroni read a letter from Richard Berggren ( copy attached to official minutes ) concerning his property on the corner of 96B and the Coddington Road and the proposed rezoning , from BI to R15 . Also , a letter regarding the zoning change from Business C to R15 of the property owned by Mr . & Mrs . Joseph Salino , Supervisor Desch suggested that a committee of three people , namely Councilwoman Raffensperger , Councilman Kugler and himself ; be appointed to evaluate the reversion problems and come back to the Town Board with some concrete proposals . Town . Engineer Fabbroni stated that now too much consideration was given to motels on the Elmira Road . They will be fit into B1 zones or if included in B2 zones , the Board will have to accept the fact that the buildings . could be used for other businesses if no longer used as a motel . i Town Board Minutes - 4 - April 28 , 1981 Supervisor Desch stated that he could forsee problems with the B2 zone , however , Mr . Fabbroni ' s point will be considered . Lawrence Mark , Wonderland Lodge , stated that they do not plan to run a small motel . They have plans that include bulldozing and starting again . The Hilton Corporation has already been contacted . Mr . Mark questioned the possibility of rezoning the area to Industrial . Mr . Alfred Eddy asked why some of his property was changed from Ag Zone to R- 30 ? Th.e Town . Engineer noted that the parcels on the north side of the Mecklenburg Road were in an Ag Zone . The R- 30 zone was developed to control uses more closely , in an Ag Zone . The possibility of a manure pile close to 'a resident would be avoided by the R 730 zone . This will not effect the ability of . a property owner to subdivide . Mr . Eddy asked why the north side of the ,Mecklenburg Road had been rezoned as it had the best view and the best drainage . You are taking one chunk and saying it is farming land and the other side you are calling residential . I can not see any, advantages . ' Mr . Eddy stated that he would like . to have the Board Members . . look over his property . T'ne Supervisor suggested that the . Town Engineer and Mr . Eddy should get together and further discuss ag / residential . split . The Town Engineer noted that the rezoning has not changed , ;that .much , what is allowed . Councilwoman Raffensperger felt there was confusion about the Ag District and our Ag Zones , Town Attorney Buyoucos asked Mr . Eddy what bothered him about the change ? Mr . Eddy stated that he owned 300 acres and the Town is proposing that one chunk be split off . Mrs . Pat Brazo stated that the proposed change from R30 . to Ag Zone might put a pig farm in their backyard . Mr . Fabbroni responded to Mrs . Brazo saying land in back was farmed by Mr . Eddy . The land east of the line could have utilities in the future . However , beyond to the west , installation of utilities were at least 10 years off , therefore , this land should be considered in an Ag Zone . The frontage on the Mecklenburg Road is difficult to place in a zone , the R- 30 zone could be extended to cover this area . Supervisor Desch noted that two aspects need to be identified , they being Ag Zones and the boundaries of the Ag Zones . and the words ' `. -except==sub - division " should be removed . Councilwoman Kiefer noted if the words " except sub - division " were not- taken out , this would mean that the people would need to apply to the Board . She wondered what the Town Attorney' s opinion was in regard to this 'matter . Town Attorney Buyoucos stated that if people wished to sell one of two lots they should be required to come in and ask for a sub - division . The ' idea of rezoning , in the past , was that people were required to obtain rezoning . RE30LUTION N0 , 62 Motion by Councilman McPeak ; seconded by Supervisor Desch , Town Board Minutes - 5 - April 28 , 1981 . RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the following : " except residential sub - divisions which are not permitted " to be inserted in the proposed Zoning Law . . ( Desch , Kugler , Raffensperger , Cramer and McPeak voting Aye . Nays - Kiefer ) . Supervisor Desch stated that the newly appointed Committee , namely Councilwoman Raffensperger , Councilman Kugler and himself , will consider Conservation Districts and report to the Town Board with their recommendations . Mrs . Pat Brazo asked the Board to reconsider moving the proposed line back to include their property in the R- 30 zone . Supervisor Desch stated that the Committee would try to make provisions for Conservation Areas . without identifying Critical Areas . Unique natural areas will ; b.e , designated .on the map . Town Attorney Buyoucos stated that he was consulting with Paul Finger in the preparation of developing the language for the Conservation Areas . Mr . Buyoucos continued saying , from time to time Critical Area regulations , as to the use of them , will be undesignated . Adoption will take place after a public hearing , as someone asks for these areas . Each critical area should be designated as requested . An index system should be kept so that there will be notification to property owners every two years saying their property is in a critical or unique area . The file should be kept in the Town Clerks office . Councilwoman Raffensperger noted that she agreeded with the Town Attorney . However , she stated that she did not understand where Coy Glen comes in . Mr . Buyoucos stated that Coy Glen had already been designated , therefore , it would be included as such , in the proposed Zoning _ Law . Councilwoman Kiefer question why the purchase options on property in critical and unique areas was taken out of the proposed Zoning . Law . Supervisor Desch answered that it was the Board concensus that this phrase not be included in the law . ADJOURNMENT The meeting was duly adjourned . own C er 1 I