HomeMy WebLinkAbout2005-01-12 - TB SPECIAL TOWN BOARD MEETING
REVIEW OF ZONING
JANUARY 12 , 2005
PRESENT : Supervisor Doug Austic , Town Councilpeople Lee Scott, Robert Weatherby;
Roxanne Marino and Don Ellis ; Deputy Supervisor Richard Coogan; Town Clerk Marsha
Georgia
Others Present: Robert Lodinsky, John Ullberg, Alanna Fontanella and Curt Dunham
Ms . Marino stated that at Regular Board meeting on January 11 , 2005 it was discussed
and agreed upon to ask Mr. Hammond to attend tonight ' s Special Board Meeting to
discuss his appointment to the Planning Board. Ms . Marino said that she had spoken
with Mr. Hammond and that he indicated that he was not available to attend the meeting
tonight.
Ms . Marino called the attorney with the Association of Towns to find answers to the
concerns brought up regarding issues of residency for appointed officials . Ms . Marino
reported that the attorney said that given the circumstances, the question of domicile
appears to have met all the standard tests used in court in regarding domicile and if a
court challenge was made that the Town has adequately shown diligence in establishing
that the person was a resident of the Town. Ms . Marino stated that she thinks that
domicile rulings are valuable information to have for future appointments and that such
information addresses Mr. Scott ' s concern over a residency issue that happened with the
Tower situation and subsequent litigation. The attorney for the Association of Towns
stated that a court couldn ' t throw out a decision the Planning Board makes on the basis of
a residence alone .
Mr. Scott stated that he has had nine individuals from the Town asked him about
residency requirements in regards to Mr. Hammond and that three of these residents have
had reviews come up in front of the Planning Board .
Mr. Scott asked if Ms . Marino had the attorney' s opinion in writing?
Ms . Marino stated that she did not but she could certainly get it in writing if Mr. Scott
wishes .
Mr. Scott said that he so wishes and that it would be a good letter to have on file.
Ms . Marino stated that she would get it in writing but in the meantime the Board should
use the verbal exchange between Ms . Marino and the attorney for the Association of
Towns to move ahead with the appointment . The Attorney for the Association had
indicated that the normal procedure is confirmation of the electoral status of the
individual and that certainly covers the Town from a residency challenge . The law
certainly allows for tempory residence and there is not a define time as long as there is
intent to return to be a resident of the Town . Ms . Marino stated that Mr. Hammond has
clearly told her, when she asked him about his residence on Frontenac Road that he
intends to move back to Ulysses and if he is going to permanently live on Frontenac
Road, which is not in the Town, then it would not be proper to remain on the Planning
Board
Given this information Ms . Marino moved, seconded by Mr. Ellis to appoint Mr.
Hammond to the Planning Board .
Mr. Ellis stated he had spoken with Mr. Hammond as he said he would and had asked
Mr. Hammond twice if he was residing in the Town . Mr. Hammond did not answer the
question either time .
Ms . Marino said there was a motion and second to appoint Mr. Hammond.
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Mr. Austic stated that he thinks everyone understands Ms . Marino ' s point that you can
have domical somewhere that you are not currently using and it is where you intend to
reside that has the legal basis .
Ms . Marino stated that Mr. Hammond understand that if he chooses to live outside the
Town that he must change his voter registration and can not remain on the Ulysses
Planning Board .
Mr. Austic asked if Ms . Marino thought if it would be inappropriate to ask Mr. Hammond
to inform the Town where he is living when he gets settled .
Mr. Weatherby asked if he was presently living in the Town
Ms . Marino stated that presently he is not — he is staying temporarily right outside the
Town but he has not changed his legal residence and his intent is to reside in the Town .
Ms. Marino stated that she will provide the documentation as recommended by the
attorney for the Association of Towns ; a signed affidavit from the Board of Elections and
a letter of intent from Mr. Hammond stating that he plans on being domiciled in the
Town of Ulysses .
Hearing no further discussion Mr. Austic called for a vote .
Mr. Austic aye
Mr. Scott aye
Mr. Weatherby aye
Ms . Marino aye
Mr. Ellis aye
Adopted .
Mr. Austic stated that the others would be notified and asked if they would like to serve
in other areas such as a committee to review the Comprehensive Plan.
Note : These minutes reflect the changes made to the law any discussions are
available by listening to the tapes on file.
ZONING REVIEW
Review started at :
17. 5 Planning Board Procedure
First paragraph, replace first Building Inspector with Zoning Law and second Building
Inspector with Code Enforcement Officer (noted to change all references to Building
Inspector and Zoning Inspector to Code Enforcement Officer in the document) .
Note : The language here should be consistent with the language used under Planning
Board procedure used in Site Plan Review .
Note : Add in the notification by signage as it is in Site Plan Review .
Next to last paragraph change to read — If the Planning Board requires the assistance of
one or more � consultants or technical experts to evaluate . Change the percentage to 10
percent from 5 percent. .
Planning Board Criteria
#8 . - Deletes first sentence .
#9 . — Delete
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17. 6 Permits
Note : Curt Dunham will provide language for ham radio antennas .
Note : Mr. Austic will check with the language in the town of Ithaca ' s Tower Ordinance .
ARTICLE XVIII — Non Conformance
Article number has to be check out .
18. 1 Continuation of Existing Uses
Check Article and Section.
18.4 Changes
Second paragraph — after six (6) months insert — provided that the cubic content of the
building as it existed at the effective sate of this law shall not be increased .
Delete and after six (6) months — start new sentence — Nothing shall prevent the
continued
ARTICLE XIX — GENERAL PROVISIONS
19. 1 Building Floor Area change title to Temporary Residence
Delete first paragraph
Second paragraph — delete six (6) weeks in any
Third paragraph delete or offices
19.3 Open Porches - change title to Roofed Structures
Delete porches or carports
19.4 Fences and Walls
Second line after agricultural operations — insert nor fences and walls — before decks
change or to nor — change or to nor before other similar
19.5 Corner Visibility
Note : Concern - will be investigated further.
19. 8 More Than One building on a Lot
Note : Townhouses and condos
This completes the review of the Zoning Law . There are several items that still have to
be reviewed and people have to bring information forward . The Board will work on
gathering the information from the Planning Board , George Frantz, Attorney Bruce
Wilson and others before the next meeting.
The next meeting is scheduled for January 20th, 2005 at 8 AM .
Hearing no further business the meeting was adjourned .
Respectfully submitted,
Marsha L. Georgia, Ulysses Town Clerk