HomeMy WebLinkAboutMin-02-15-12
1
CODES AND ORDINANCES COMMITTEE
MEETING MINUTES
February 15, 2012
MEMBERS PRESENT: Bill Goodman, Pat Leary, Eric Levine, Fred Wilcox, Eva Hoffmann, Bill King.
OTHERS PRESENT: Susan Brock, Attorney for the Town; Bruce Bates, Director of Code Enforcement;
Sue Ritter, Director of Planning; Chris Balestra, Planner.
Chair Bill Goodman called the meeting to order at 6:30 p.m.
Agenda Item No. 1 - Member Comments/Concerns:
Bill announced that the Town Board set the public hearing for the Fill Permit Law and the Conservation
Zone/Timber Harvest Law for the March 12th Town Board meeting.
Agenda Item No. 2 – Review Revised Stream Setback Law (dated 01-30-12) and Revised “Stream
Setback Prohibited Activities”(dated 2-09-12):
The Committee began their review of the most recent Stream Setback Law revision. Bill asked if any
Committee members had any questions on the changes that were made on page 8, E(2); page 9, E(5)(d)(e);
page 10, E(8)(b); page 11, E(10), (14)(a) and page 12, F(4). No one had any comments or recommended
modifications.
The Committee did have a comment on the highlighted portion on page 13, G. Prior nonconforming uses and
activities section. Sue Ritter stated that she had not heard from Mina or Cornell. The COC decided to move
on, since Cornell would have a chance to comment on this at the Town Board public hearing scheduled to be
set at the March 12th meeting.
The COC then went through the revised document to elicit any additional general comments and/or
concerns. Susan Brock reported that she looked into changing the law to allow the Planning Board to vary
setbacks instead of the Zoning Board. The COC discussed this option further and ultimately decided to leave
the law as is. Applicants who desired an exception to the law could go to the Zoning Board and seek a
variance.
Sue mentioned that she had talked to Creig Hebdon (Town Engineer) as he hadn’t seen the revised law. She
sent him the most recent revisions and he had some comments. Creig’s first comment was regarding stream
setback standards listed on page 3, specifically (5) and the terms “road” and “from the stream to the road.”
Creig wanted to know what “road” meant, as it could be interpreted to mean “edge of pavement” or “road
right-of-way,” which would be two completely different standards. The Committee discussed the different
scenarios and which standard would provide the most protection for a stream. Susan Brock suggested that
the most protective language would be the “edge of shoulder”, the “back side of the ditch,” or the “top of the
ditch”. After a bit more discussion, the COC decided to change the language to be more protective and
Susan Brock offered to work on the specific wording.
Creig’s second comment referred to page 6, D(12)(a), which pertained to regulations applying to parcels that
were .5 acres or less. The law had been written to require a 15-foot setback regardless of the drainage area
size. Creig interpreted this to apply to any watercourse, not just regulated streams. However, the COC did
not mean for the section to apply to any watercourse, only to streams with drainage areas of 35-acres. Susan
Brock offered to work on some clarifying language for this section.
2
Bill G. asked Sue if Creig had any more changes or concerns that might be substantial enough to bring the
law back to the Committee, or if the concerns could be dealt with at the Town Board meeting in March. Sue
suggested that the Committee wait to hear from Creig and then decide whether to put the law back on the
COC agenda.
The Committee finished their review of the Stream Setback Law and moved on to the “Stream Setback Law
Draft Prohibited Activity Table (revised 2/9/12),” provided by Sue Ritter. Sue asked the Committee for
feedback if the chart would be useful for the public to use for educational purposes. The COC agreed that
the chart would be very useful, so Sue offered that the chart could be placed on the Town’s website as well
as be available in hard copy at Town Hall. That said, the Committee had the following comments and
changes for the chart:
▪ Correct the Zone 1 heading on all pages - “enactment” should be “enacted” and “ceases” should be
“cease.”
▪ Page 1, last Prohibited Activity description, “Installation of utility services and connections…”
Zone 2, first column - leave ‘X’ as is.
Second column - mark box ‘X’.
Third column – this is okay.
▪ Page 2, first Prohibited Activity description, “Tree cutting and disturbance of vegetation…”
Zone 2, second column - leave ‘X’ as is.
Zone 2, third column - question was “shouldn’t this only apply in Zone 1?” Committee said no; keep
and make applicants get variances through ZBA.
▪ Page 2, fourth Prohibited Activity description, “Construction of stream crossings…”
In description, omit “(at grade)” and change “built” to “designed”.
Zone 2, second column – delete ‘X’ from column.
Zone 2, third column – question was “shouldn’t this only apply in Zone 1?” – Committee said yes.
Susan B. will fix wording in law.
▪ Page 2, last “Prohibited Activity” description, “Mining or removal of soil…”
For Zone 1, question was “any problem with using term “mining” – Committee said no, term is ok.
▪ Page 3, last “Prohibited Activity” description, “Shelters and blinds associated with hunting…”
Committee agreed to change wording to “Shelters and blinds associated with hunting, recreational,
educational and agricultural activities that are erected on or after the effective date of this section,
except for temporary blinds in place for no more than 180 days with in a 12-month period”.
Bill moved to take the Stream Setback Law out of Committee and on to the Town Board for consideration at
their March meeting. Pat seconded and the motion was passed unanimously.
Agenda Item No. 3 – Discuss COC Work Plan for 2012:
The Committee reviewed the COC Work Plan for 2012, with discussions after each item listed. Updates
were made to the list as follows:
▪ Proposed Amendments to Conservation Zone: On March 12th Town Board meeting agenda - Timber
Harvest Law and the Fill Permit Law amendments are separate items.
▪ Proposed Revisions to Garages/Accessory Buildings & Definitions in Zoning Code: Bruce was working
on the chart and Eric brought up discussion on wood sheds; Committee agreed that wood sheds would be
a separate item.
▪ Stream Setback Law: Draft law complete. COC referred law to Town Board in February 2012.
3
▪ Proposed Minor Modifications to Subdivision Regulations: Revisit the law on ‘lot line modification’ and
reword ‘simple two-lot subdivision’ to ‘minor subdivision’? Bill G. will work on with staff.
▪ Proposed Amendments to Various Code Chapters…: Bill G. will work on this.
▪ Proposed Amendments to Chapter 225, Town Sprinkler Law: Review letter received from QPK Design
addressed to Ithaca College. Review Mike Smith’s e-mail regarding the Ag Plans desire that all types of
agricultural building should be exempt from the sprinkler law as per a specific recommendation (Goal
2(c)).
▪ Sign Law: Planning staff to provide Committee with draft revised law in April 2012.
▪ Enact Coy Glen Conservation Zone: A Committee of Conservation Board has been established; take off
list, as the topic has moved to the Planning Committee.
▪ Discussion of revisions to Town’s solar provisions: Site plan modification required for other Planned
Development Zone’s; not intent of law.
▪ Affordable Housing Regulations: Long discussion and ideas; Sue suggested inviting Scott Reynolds
from INHS to come to a COC meeting and talk to Committee.
▪ Consideration of Green Building Ordinance: Consultant scheduled for February 29th at 4:30 p.m. at
Town Hall to talk about Green Building Codes.
▪ Scenic Resource Protection Regulations: Back to Planning Committee.
▪ Discussion of Regulating/Prohibiting Outdoor Wood Boilers in the Town of Ithaca: A possible
regulation of: (a) seasonal use (prohibiting use in summer); (b) height of chimneys; and (c) distance
from a house.
Bill suggested that the list be re-organized to group items that are Comprehensive Plan-related.
Additional items to add to the work plan list for 2012:
1) Revision to basement area 50% rule
2) Clear up language in Town Fire Code, regarding Knox/lock boxes consistency (Bruce)
3) Wood sheds – are they accessory buildings or exempt from law?
4) Regulating retailers to prohibit plastic bags – (Tee Ann and Bill G. will work on)
5) Rental Registry
6) Mining – provisions consistent with Fill Law (2 tier system mines regulated by DEC versus not
regulated by DEC (example: Town of Dryden))
Agenda Item No. 4 – Other Business: None.
Agenda Item No. 5 - Next meeting date and agenda:
Next meeting has been scheduled for March 21, 2012 at 6:30 p.m. and the agenda will include:
- Review of Town of Ithaca Sprinkler Law
- Review of Mining provisions
Meeting adjourned at 8:45 p.m.
Respectfully Submitted,
Sandy Polce
Administrative Staff