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HomeMy WebLinkAbout1998-11-17-TB l TOWN OF ULYSSES PUBLIC HEARING COMMERCIAL MORATORIUM SPECIAL BOARD MEETING NOVEMBER 17m, 1998 PRESENT: Supervisor Douglas Austic, Councilpeople Peter Penniman, Robert Weatherby, and Carolyn Duddleston ; Peter Demjanec, Chairman Planning Board . Others Present: Ithaca Journal Reporter Lauren Bishop and Sheila Ferrair, Trumansburg Free Press . Supervisor Austic opened meeting at 6 : 30 PM . Proof of publication was provided . Mr. Austic asked for public comments . None was heard . Mr. Austic has spoken to current businesses and this is not holding anyone back from any expansion . Peter Demjanec stated that the moratorium is helpful so that they can do the zoning now that the comprehensive plan is up for public review . Peter Penniman moved seconded by Mrs . Duddleston to close the public hearing . Hearing no public comments the hearing closed . Mr. Austic read into record the comments from Tompkins County Planning on the 2391/ m . The proposal, as submitted, will have no significant deleterious impact on inter-community, County, or State interests . Mr . Weatherby moved seconded by Mrs . Duddleston the following resolution : TOWN OF ULYSSES A Local Zoning Ordinance providing for a moratorium for the issuance of building permits for business purposes for a period of 180 days in designated business zones . Be it enacted by the Town Board of Ulysses as follows : WHEREAS, the Town is currently holding its hearing on comprehensive plan for the Town pursuant to Town Law §272-a ; and WHEREAS, the prior moratorium is about to expire; and WHEREAS, the Town will consider re-zoning the Town pursuant to said comprehensive plan and Town Law § 263 ; and WHEREAS, the Comprehensive Plan Committee is considering re-zoning certain areas currently zoned as business districts under Article IV Section 3 of the Town Zoning Ordinance to residential ; and WHEREAS, it is in the interest of the Town in order to accomplish its planning goals to avoid excessive business development in the areas designated to change from business to residential use prior to full enactment of the comprehensive plan and re-zoning so as not to defeat the purposes in re-zoning by having excessive development solely to grandfather the usage prior to enactment of the new zoning ordinance; and Town of Ulysses 2 Public Hearing/Special Board Mtg. 11 / 17/98 WHEREAS, the Town expects to have its comprehensive plan and re- zoning in place within an additional 6 months . WHEREAS, public notice by publication has been duly given of a public hearing relative to a moratorium for this purpose and a public hearing held ; and WHEREAS, the Tompkins County Planning Department having issued a timely review pursuant to § 239-I and m of the New York General Municipal Law and found no significant deleterious impact, and stated the Town Board was free to so act; NOW THEREFORE, to further the interests in maintaining the status quo as to actual development pending adoption of a new zoning ordinance the Town Board hereby enacts a six- month moratorium effective pursuant to law, to bar the issuance of building permits by the Town in the areas set forth below as to the business use of properties set forth under Article IV Section 3 ; The properties so effected are as follows : Inset 5 Route 96 and intersection of Perry City Road --Beginning from southwest intersection of the Perry City Road and Route 96, moving south to and through the intersection of the Van Dorns Corners Road, on south to the northern most lot line of Lot No . 34-3 - 13 as shown on the Tax Map . From southeastern intersection of the Perry City Road and Route 96, south to the most southern lot line being 300 feet deep of Lot No . 34-2-8, as shown on the Tax Map . At the northwest intersection of Route 96 and the Perry City Road the entire Lot No . 26- 2- 14 . 1 as shown on the Tax Map . At the northeast intersection of the Perry City — Road and Van Dorns Corners Road moving 300 feet along the east property line of Lot No . 26-2- 14 . 2, thence westerly 450 feet, plus or minus, to center of the branch of Willow Creek, thence southwesterly 340 feet plus or minus, to the northeasterly line of the highway line of Route 96 . Inset 6 Krums Corners Road-- From the intersection of the Krums Corners Road on the East Side of Route 96 south to the intersection of the Wilkins Road and Route 96 . From the south side of the Wilkins Road, at intersection with Route 96, south for 600 feet on the east side of Route 96 being 300 feet deep, on the west side of Route 96, beginning at the southern lot line of Lot No . 33 -4-3 . 3 , as shown on the Tax Map, south for 600 feet, being 300 feet deep . All Tax Map references are to the year when the zoning description above was first enacted ; And it is hereby prohibited for a period of 180 days from the date of enactment of this local ordinance to have any town official accept for filing any application for a building permit for a business district use within said areas designated and the Town Board of Zoning Appeals and Town Planning Board shall not grant any approvals, preliminary or final, for any site plan or subdivision relating thereto or special approval or special permit, variance or other permission for same. The Building Code and Zoning Enforcement Officer shall not issue any building or other permit for any construction or use related to same that would result in a business use in the areas designated . 1 �a Town of Ulysses 3 Public Hearing/Special Board Mtg. 11 / 17/98 The Town may enforce this moratorium by any lawful means under New York Law including the Town Law and existing Town Zoning Ordinance . The local ordinance shall take effect upon adoption and publication of a summary here of as provided by law . Mr. Austic aye Mrs . Duddleston aye Mr. Penniman aye Mr . Weatherby aye Adopted . The Board discussed the funds from Tompkins County for celebrations that is available to the Town Mrs . Duddleston moved seconded by Mr . Penniman the following : RESOLVED that the Town Board of the Town of Ulysses requests $739 . 12 from Tompkins County Celebrations to be used by local organizations for decorations for the " Festival of Lights". Mr. Austic aye Mrs . Duddleston aye Mr. Penniman aye Mr . Weatherby aye Adopted . Hearing no further business Mr . Penniman moved seconded by Mrs . Duddleston to adjourn the meeting . Hearing no objections the meeting was adjourned . Respectfully submitted , Debra Austic Recording Secretary DA : mlg