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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. Special Town Board Meeting 2 1 / 12/05 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 Special Town Board Meeting 3 1 / 12/05 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