HomeMy WebLinkAbout1988 LL 06 - Zoning Reqs for Butterfield Cluster Subdivision 299
(Please Use this Form for Filing your Local Jaw with the Secretary of State)
Text of law should be given as,amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
of .............I thaca
.........»......... .. ..........:....... .................................
Town �..
Local Law No................ .. 6 ,.._ » »„.„»_»of the Taw 19$$»._...
A local lax„ AMENDING THE ZONING ORDINANCE REQUIREMENTS FOR THE FORMER.'
MAJESTIC HEIGHTS DEVELOPMENT ON EAST KING ROAD, TOWN OF
ITHACA, NOW KNOWN AS BUTTERFIELD CLUSTER SUBDIVISION
Be it enacted by the ...............................Town Board...... »..»..... ..................... ».....of.thr
.. .........r... . ........»
(rtuia d tACialatist iloa7l
Townof..»...............................................................Ithaca........»....«...».......»........................................ as follows:
WfWJTAS, by resolution and ordinance duly adopted by the Town Board on
February 7, 1983, a multiple residence district was created on East
King Road in the Town of Ithaca (now tax parcel No. 6-44-1-4.31), and
WHEREAS, in conjunction with said resolution and ordinance certain
requirements were imposed with respect to such multiple residence
district, and
WHEREAS, those requirements were revised pursuant to Local Law No. 3
-of the year 1987, and
WHEREAS, the Planning Board of the Town of Ithaca has reviewed -the
project and has reccranended further revisions to certain of those
requirements and restrictions as hereinafter set forth, finding by
resolution adopted April 19, 1988, that the proposed revisions to the
project do not represent a significant change from the size and scope
of the project as was originally approved in 1983 and amended in 1987
and as originally subjected to environmental review on those two
occasions,
NOW THEREFORE BE IT RESOLVED, by the Tani Board of the Tann of Ithaca
as follows:
1. Local Law No. 3 for the year 1983 as amended by Local Law No. 3
for the year 1987 be and the same hereby is further amended as
follows:
(If,additional space is needed lease attach sheets of the some size as this and number each)
T.._ 1
' . w�4���
��*� m
A. Section 4, paragraph oof said Local Law io further modified
to zs*a] as follows:
"B. The Town now makes a legislative finding that the cmmoer
1991,would reasonably require a period ending September 30,
to ccmnence and complete the construction of the Phase or
Stage I and II improvements on the project as sham on the
Preliminary Plat of the ButterField Cluster Subdivision made
by George Schlecht, P.E., L.S. dated April 5, 1988, as the
same may be hereafter modified with the approval of the
Planning Board in accordance with other provisions of the
,
D Section 4" ^ C of said Local Law ishereby amended
�~
toread ao follows:
"C. Any building permit issued subsequent to the enactment
of this law may be revoked or modified at the option of the
Town Planning Board it:
( i} cmqotzootinn ofnbaaea or Stages I and II has not been
aobotaotiallyoommcncad by October l, 1988, or
(ii) construction ofPhases or Stages I and II has not been
substantially ocmyletodbySeptember 30, 1991.
The time within which such building permit shall be effective may
be extended, if good cause is shown, by the Town Planning Board."
2. This Local Law shall take effect ten days after its publication,
subject to the same being filed with the Secretary ocState of
the State ofNew York.
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PaQe la
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295 g
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
1, (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed lfereto,designated as local law No. .....E'...........of 19..88
of tlteof.......Ithaea was duly passed by the Town Board ,.
........, ..................................g.............. r
Town (Name of Legislative Body)
an........June 13.1,,,,,,,,,,,,,,,,,,19$8.. in accordance with the applicable provisions of law.
2. (Passago by local legislative body with approval or no disapproval by Elective Chief Executive Officer,"
or repassago after disapproval.)
I hereby certify that the local law annexed hereto,designated as local law No.....................of 19........
County
Cit ..... ................................
o[the of......................................was duly passed by the........................a of............. B
Town (Name of Legislative Body)
Village not disapproved
on.................................................19........ and was approved by the ............,..........................................
repassed after disapproval
Elect(ve Chiet Executive Ofticer
and was deemed duly adopted on........................................................19........ , in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
hereby certify that the local law annexed hereto,designated as local law No................... of 19..........
County
of the City of......................................was duly passed by the......................................................................................
Town (Name of Legislative Body)
r r
Village not disapproved
...19........ and was approved by the...............................................................
Oil..............................................» Elective Chief Executive Officer
repassed after disapproval
on......................................................................19......... Such local law was submitted to the people by reason of a
mandatory referendum,and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on......................................................19........, in accordance with the appli-
annual
cable provisions of law.
A. (Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No................... of 19..........
County
of the .0 .....City of......................................was duly passed by the................. ..........................................................
oil
L
Own (Name of Legislative Body)
Village not disapproved
and was approved b the..............ahi
C- .............,...... - ..........on
..,...,..........19........
,r+w�"..o. ......................r......,....,.. y Elective Chief Executive Offfficcer
repassed after disapproval
................19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
...................................... 19........, in accordance with the applicable provisions of law.
+Electhe Chief Executive Officer menu or includes the chief executive officer of a county elected on a county-wide basis
or,if there be none,the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
when such officer is vested with power to approve or veto lural laws or ordinances.
Page 2
293
5. (City local law concerning Charter revision proposed by petition.)
1 hereby certify that the:local la%v annexed hereto,designated as local law No.....................of 19........
of the City of..........................................................................having been submitted to referendum pursuant to the
provisions of§3z of the Municipal Ilome Rule Law,and having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the special election held on..................................
general
................19............became operative.
^° f,, (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as Local Law No.......of I9.....,of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of November........... 19...........pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election,became operative.
(it any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
p" I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph......... ................. above.
Town Mt Clotkff
Date: June 24, 1988
(Certification to be executed by County Attorney, Corporation Counsel,Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF..........Tompkins...................
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
1�fZL :::...
StInsture .John C. Barney
... Town Atrtorney...............
TWO
Date: � � � � � Ithaca
of........... ................
Rowra
" ' Page 3
u ti;4 own—Tem t2 FINAL
PROJECT I.D.NUMBER SEOR
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only D€5IE7SIC10 le l`'�
?ART i—PROJECT INFORMATION(Tc be completed by Applicant or Project sponsor} ��
1. APPLICANT ISPONSOR 2. PROJECT NAME
Town of Ithaca Town Local Environmental Review Law
3. PROJECT LOCATION:
Municipality Town of Ithaca county Tompkins
4. PRECISE LOCATION(Street address and road intersections.Prominent landmarks,oto.,Or provide map)
N.A.
S. IS PROPOSED ACTION: ��p��
❑New ❑ExpansionUmodificatiONarteration
8. DESCRIBE PROJECT BRIEFLY:
Adoption of Local Law No. 1988, to replace Local Law No. 3 - 1980,
Providing for the Environmental Review of Actions in the Town of
Ithaca. Purpose is generally to make local law revisions to be consistent
with N.Y.S.D.E.C. SEAR amendments made on March 6, 1987.
7. AMOUNT'OF LAND AFFECTED: (Town of Ithaca 20 253 +J- acres)
Initially sbree ' Ultimately acPea
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
X�Yes ❑No It 140,describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
❑Residential ❑Industrial ❑Commerelal ❑Agriculture rl PandForeaVOpen space ❑other
Describe:
n.a.
10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL.
STATE OR LOCAL)?
PYes ❑No if yes,list agenct(a)and WMI1/approvals
to be filed with N.Y.S. Secretary of State
it. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL?
gYao ❑No It yea,list agendy nano and PermiVaPprowi
as pertains to L.L. No. 3-1980
12. AS A RESULT OF PROPOSED ACTION WILL.EXISTING PERMITIAP'PROVAL REQUIRE MODIFICATION?
%yes ❑No new local law
1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
APPlb•Iwepons" „"w Nnol Des Town Sun rvisor - Date: 3/7/88
Sipnaturs:
If the action is in the Coastal Apar and you an a*tats agency,complete the
Coastal Assessment Foran before proceeding with this assessment
OVER
1
A.fJt1E8 ACTION EXCEED ANY TYPE I THRESHOLD IN{NYClIR, . .
PANT 6/7./27 N yes,000rdlMAs the review process and use the woo.IAF.
❑Yes AR me
a.WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 4 NYCRR,PART{ITA? It No,a""two declaration
may be supensded by another involved agency.
❑Ya )3 No
C.COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible)
C1.Existing air quality,surface or groundwater,quality or quantity,note/vela,existing traffic psttans,solid wools production or disposal.
potential for aroakm.drainage Of flooding Problems?Explain brletir.
No. Local Law under adoption involves no physical changes to the environment. It
makes revisions and clarifications to L.L. No. 3-1980 so as to be consistent with
N.Y.S. SEQRA revisions.
C2.Aesthetic,agnouHunl.archaeological.historic,or other natural or cultural f9Mf";Of community or neighborhood Explain tinily:
No. Beneficial impacts are expected as a result of more stringent thresholds related
to proximity to Critical Environmental areas, designated wetlands, and other specially
protected areas.
C3.Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened Or endangered Species?Expiam briefly.
Not expected, for reasons stated above.
04.A communlW*existing plans or goat as officially adopted,or a change In use or Intensity of use of land or other natural resources?Explain briefly._
Not expected, for the above reasons. Town environmental review regulations would remain
more stringent in various thresholds than the State SEQR regulations.
C5.Growth,subsequent development,or rotted activities likely to be Induced by the Proposed action?Explain briefly.
Not expected.
Nod ' le tone, T.,VlkllrM-1 neli(�nt�t�elMll%i�i fhfor more thorough environmental
review consistent with the intent of the State revisions.
07.Other Impacts(including changes In uoo Of althe quantity Or type of energy)?Explain briefly.
Not expected.
D.IS THERE,OR IS T14ERE LIKELY TO aE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
❑Yea Xg No if Yet,explain briefly
PART 111—DETERMINATION OF SIGNIFICANCE(To be completed by Agency)
INSTRUCTION& For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant.
Each effect should be assessed in connection with its(s)setting O.S.urban or ruraq;(b)probability of occurring:(e)duration;(d)
Irreversibility;(a)geographic scope;and M magnitude.if necessary,add attachments or reference supporting materisis.Ensure that
explanations contain sufficient detail to show that all relevant adverse Impacts hew been identified and adequately addraessd,
❑ Check this box if you have identified one or more potentially,large or significant adverse Impacts which MAY
occur.Then proceed directly to the FULL EAF and/or prepare a positive declaration.
XMt Check this box If you have determined, based on the information and analysis above and any supporting
documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary,the reasons supporting this determination:
reasons axe- stated above.
Town of Ithaca Town Board
Nam/O Lasa Agency
Noel Desch Chairman Town Board
mt or ype Name of Respa-mibie -cer m Agency .
,incurs espons Ka m t Agency Signature o ver sant oiar
Dote
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