HomeMy WebLinkAbout1993 Zoning Ordiance IIIzoning.app, wp51Izon, 1127193
F. (1) The final site plan presented for approval will include suitable
provisions for active recreational space for children.
6. It is determined that the number of dwelling units permitted in this multiple
residence zone shall not exceed 176 in number, and shall be subject further to the following
requirements:
(a) Each such dwelling unit shall be used and occupied only as a single family
dwelling; the provisions of the Zoning Ordinance relating to occupancy of any one single family
dwelling unit shall apply to each dwelling unit in this development, except that, in addition to
each family, not more than one roomer, boarder, lodger or other occupant shall be permitted
to occupy each such dwelling unit.
(b) Such units shall be built in clusters not exceeding four units in each cluster,
provided, however, that the Town of Ithaca Planning Board in its discretion may authorize up
to six units in each cluster in Phase III of such development if it finds such cluster or clusters
are compatible with the overall design, density, and character of the earlier phases of the
Eastwood Commons development.
(c) Unless waived by the Town of Ithaca Planning Board or unless a variance
is granted by the Town of Ithaca Zoning Board of Appeals, no building in this zone shall exceed
two stories in height above ground level.
(d) Each such cluster shall be located as shown on the final site plan, as finally
approved.
7. It is understood that the Eastwood Commons development shall be constructed in
accordance with the following phases:
(a) Phase 1 shall include not more than 40 units.
(b) Subsequent phases shall be planned in relation to sales.
(c) Prior to the application to the Town Planning Board for final site plan
approval for each phase, the applicant shall submit his plans to the Town Planner who shall
review the same and make recommendations to the Town Planning Board.
8. Any determination which is to be made by the Town Board hereunder, may be
delegated to the Town Planning Board, insofar as such delegation is lawfully permitted.
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9. The Zoning Map of the Town of Ithaca shall be changed to show the boundary lines
of the Multiple Residence District established by this Resolution.
10. The lands which are the subject of this resolution are now reputedly owned by Enos
Pyle. William Schickel and Norbert Schickel, d/b/a Schickel Environmental Development
Company, a general partnership, 100 Fairview Square, Ithaca, New York, have represented to
the Town Board that they have exercised their option to purchase the said parcel. This
resolution is being adopted on the representation of the applicants that they have exercised their
option to purchase the said parcel and to develop it in accordance with the preliminary site plan
filed with the Town Board, and said resolution has also been adopted on the general
representations made by the applicant to the Planning Board and the Town Board.
11. If title to the rezoned lands is not conveyed within one year from the date hereof
by Enos Pyle to said William Schickel and Norbert Schickel as such general partners or to a
corporation or other legal entity owned or controlled by said William Schickel and Norbert
Schickel, the Town Board, upon application of any resident of the Town, including any member
of the Town Board, shall initiate and complete procedures to amend the Zoning Ordinance to
change the classification of the said lands to the classification in effect prior to the adoption of
this resolution.
12. The Town Clerk is directed to publish this Resolution in the Ithaca Journal and the
foregoing Resolution shall constitute an ordinance amending the Town of Ithaca Zoning
Ordinance and shall .take effect 10 days after the publication thereof pursuant to Section 264 of
the Town Law.
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SCHEDULE A
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County
of Tompkins and State of New York, being located on Honness Lane, being bounded and
described as follows:
BEGINNING at a point in the northerly right of way of Honness Lane, said point being
the southeast corner of lands of Roberts and recorded in the Tompkins County Clerk's Office
in Liber 315 of Deeds at page 273; running thence North 06` 18' 04" East along said Roberts,
a distance of 325.37 feet to a point; running thence North 83` 31' 21" West, a distance of
354.21 feet to a point; running thence North 07` 25' 30" East, a distance of 966.12 feet to a
point in the center line of a creek; running thence easterly along the center line of said creek
having a chord bearing of South 81 ` 45' 22" East for a distance of 248.30 feet to a point in said
center line of the creek; running thence South 07` 25' 30" West, a distance of 342.82 feet to a
point; running thence South 18` 00' 06" East, a distance of 130.0 feet to a point; running thence
North 71 ` 59' 54" East, a distance of 150.00 feet to a point on the former right of way of E.C.
& N. Railroad; running thence South 18` 00' 06" East along said right of way, a distance of
666.12 feet to a point; running thence South 68` 18' 25" West, a distance of 120.40 feet to a
point; running thence South 67` 09' 45" West, a distance of 345.20 feet to a point; running
thence South 60` 00' 58" West, a distance of 122.33 feet to a point; running thence North 84`
00' .29" West, a distance of 150.00 feet to a point; running thence South 06` 18' 04" West, a
distance of 264.00 feet to a point in the above mentioned right of way of Honness Lane; running
y thence North 84` 19' 02" West along said right of way of Honness Lane, a distance of 50.0 feet
to the point or place of beginning; containing 18.9 acres of land, more or less.
The above described premises are more particularly shown on a survey map entitled
"MAP SHOWING A PORTION OF LANDS OF ENOS PYLE," made by F. Donald McKee,
Land Surveyor #32422, dated June 20, 1972, revised July 26, 1972, a copy of which has been
filed with the Town Clerk.
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LOCAL LAW NO. 3 - 1983
A LOCAL LAW AMENDING THE ZONING ORDINANCE OF THE TOWN OF ITHACA.
BY CHANGING THE ZONING CLASSIFICATION TO MULTIPLE RESIDENCE DISTRICT
FROM A RESIDENCE DISTRICT R15 A PARCEL OF LAND IN THE TOWN OF ITHACA.,
TOMPKINS COUNTY. NEW YORK. LOCATED ON THE NORTH SIDE OF EAST KING
ROAD DESIGNATED ON THE CURRENT TAX ASSESSMENT MAP OF THE TOWN OF,
ITHACA ON PARCEL NO. 44-1-4.3, (as amended by Local Law No. 3 - 1987 and Local Law
No. 6 - 1988).
SECTION 1. CHANGE OF ZONING DISTRICT. DESCRIPTION OF PARCEL.,
A Multiple Residence District is hereby established encompassing the parcel consisting of about
30 acres of land located on the north side of East King Road and designated on the current tax
assessment map of the Town of Ithaca as Tax Parcel 44-1-4.3 more particularly described in
Schedule A entitled "Description of Parcel on the north side of East King Road which is
established by this Local Law as a Multiple Residence District."
SECTION 2. LEGISLATIVE BASIS AND PURPOSE OF THIS LAW.
A. RESOLUTION
This Local Law has been enacted pursuant to the Resolution adopted by the Town Board on
February 7, 1983, a copy of which is attached hereto. Provisions of said Resolution constitute
findings, determinations and statements of purposes for the enactment of this law.
B. TOWN ZONING ORDINANCE PROCEDURE FOR ESTABLISHMENT OF
MULTIPLE RESIDENCE DISTRICT.
a. Article IX of the current Zoning Ordinance (adopted February 12, 1968,
effective February 26, 1968) sets forth the procedure for the establishment of
the Multiple Residence District and authorizes the Town Board to establish a
Multiple Residence District by defining the boundaries thereof, approving the
general site plan and imposing any modifications and additional requirements as
the Town Board may determine.
SECTION 3. MODIFICATIONS AND ADDITIONAL REOUIREMENTS.
A. The provisions of paragraphs "A", "B", and "C" of Section 1 of the Resolution referred
to above which is attached hereto contain modifications, conditions, and requirements
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relating to the rezoning of the subject parcel into a Multiple Residence District and its
development by the construction thereon of multiple family units. The aforesaid
paragraphs "A", "B", and "C" are incorporated into this Local Law and made a part
hereof as if they had been set forth in the body of the text rather than an Appendix
thereto and they shall apply to the rezoning and the development of the subject parcel
except as they may be specifically modified or added to by subsequent provisions of this
Local Law.
B. PROVISIONS AS TO THE 6 ACRE PARCEL BUFFER ZONE, ON THE
WESTERLY SIDE OF THE SUBJECT PARCEL CONTAINED IN SAID
RESOLUTION, ARE AMENDED AS FOLLOWS:
1. The provisions of Section 1.C.i are expanded to include the requirement that no
trees or shrubbery shall be cut unless the owner of the parcel has obtained the
duly authorized consent of the Town Planning Board. The owner shall give a
written notice of at least 4 weeks to the Town Engineer or such other person or
agency of the Town as the Town Planning Board may designate requesting the
consent of the Town Planning Board and setting forth the management practices
which would require such action to be taken. The Town Planning Board shall
review the request and act promptly in giving or denying its consent.
2. The driveway referred to in Section 1.C.ii. shall not be constructed until a
building permit has been obtained from the Town Engineer in accordance with
the provisions of the Town Board Resolution concerning this matter.
3. The Town Planning Board may require the owner of the subject parcel to submit
information and documents from time to time in order to determine that there
is compliance with the requirements of this law.
C. No buildings and residential units in excess of those approved by the Town Planning
Board on January 18, 1983 shall be permitted and the construction, development and
use must comply in all respects with the site plans and conditions of approval and
rezoning adopted by the Town Planning Board on January 18, 1983 and by the Town
Board on February 7, 1983 and with the Revised Plan as approved by the Planning
Board on January 20, 1987, and no variance in the construction, development, and use
of the parcel shall be permitted except as may be permitted by the Town Planning
Board, or by the Zoning Board of Appeals or, by such person or agent of the Town as
the Planning Board may designate in the case of such minor changes which do not
increase the size or scope of the project or vary the intended use of the site.
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SECTION 4. RECLASSIFICATION OF ZONING.
A. The sovereign power of the Town to enact and amend the Town's Zoning Regulations
is not affected by the enactment of this Local Law. Without limiting the foregoing
declaration, the Town, at the option of the Town Board, may review the status of the
development of, and the extent of construction of improvements on, the subject parcel
and other factors reasonably affecting the area and community within which the subject
parcel is located, the protection and enhancement of the Town's physical and visual
environment and to promote the government, protection, and the health, safety and
well-being of the inhabitants or property in the Town, and, at its option, the Town
Board may amend the Town Zoning Regulations by changing the classification of the
subject parcel or any portion thereof, to a Residential R15 or such other district as the
Town Board may determine.
B. The Town now makes a legislative finding that the owner would reasonably require a
period ending September 30, 1991, to commence and complete the construction of the
Phase or Stage I and II improvements on the project as shown 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 law.
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 if-
(i) construction of Phases or Stages I and II has not been substantially commenced by
October 1, 1988, or
(ii) construction of Phases or Stages I and II has not been substantially completed by
September 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.
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SCHEDULE A
DESCRIPTION OF PARCEL ON THE NORTH SIDE OF EAST KING ROAD WHICH IS
ESTABLISHED BY THIS LOCAL LAW AS A MULTIPLE RESIDENCE DISTRICT
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of
Tompkins, State of New York, being a part of Military Lots 89 and 99 (Old Town of Ulysses)
and described as follows:
Beginning at a point in the northeasterly boundary of the existing King Road East (County Road
No. 179) said point being the following two courses and distances from the intersection of the
northerly boundary of the existing King Road East and the westerly boundary of the existing
Troy Road; thence (1) North 82` 02' 47" West 1081.53 feet and thence (2) westerly and
northwesterly on a curve to the right having a radius of 975.0 feet, a distance of 211.07 feet to
the point and place of beginning of the premises intended to be described herein; thence (1)
northwesterly on a curve to the right having a radius of 975.00 feet a distance of 235.12 feet;
thence (2) North 55` 49' 33" West along the said northeasterly boundary of the existing King
Road East a distance of 1731.85 feet to a point on the division line between the property of.
Schuylkill Inventors, Inc., on the east and the property now or formerly owned by Cornell
University on the west; thence (3) North 9` 18' 00" East along said division line a distance of
455.00 feet to a point; thence the following fifteen courses and distances through the property
now or formerly owned by Schuylkill Investors, Inc.:
(1) North 57`
01'
43"
East, a distance of 221.09 feet; thence
(2) South 79`
16'
23"
East, a distance of 327.73 feet; thence
(3) North 85 `
47'
58"
East, a distance of 177.48 feet; thence
(4) South 16`
55'
39"
East, a distance of 96.17 feet; thence
(5) South 53`
58'
21"
East, a distance of 163.22 feet; thence
(6) South 48`
57'
27"
East, a distance of 225.40 feet; thence
(7) South 23`
01'
32"
East, a distance of 217.31 feet; thence
(8) South 39`
37'
09"
East, a distance of 708.82 feet; thence
(9) South 67`
50'
59"
East, a distance of 122.00 feet; thence
(10) South 34`
54'
43"
East, a distance of 234.14 feet; thence
(11) South 37`
07'
34"
East, a distance of 268.40 feet; thence
(12) South 52`
52'
26"
West, a distance of 40.00 feet; thence
(13) North 37`
07'
34"
West, a distance of 293.00 feet; thence
(14) South 38`
30'
36"
West, a distance of 208.19 feet; thence
(15) South 25`
27'
00" West, a distance of 126.43 feet to the point or place of beginning,
containing 30.566 acres of land.
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For further description, reference is hereby made to a map of King Road Development
Corporation made by Erdman, Anthony Associates, Consulting Engineers, Rochester, New
York, dated May 15, 1973.
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RESOLUTION CONSIDERING AN APPLICATION FOR THE AMENDMENT OF THE
TOWN ZONING ORDINANCE BY REZONING FROM RESIDENTIAL 15 TO MULTIPLE
RESIDENCE DISTRICT A PARCEL OF LAND LOCATED ON THE NORTHERLY SIDE
OF EAST KING ROAD, 30+ ACRES, TAX PARCEL 6-44-1-4.31, NOW REFERRED TO
AS MAJESTIC HEIGHTS, MADE BY BILL J. MANOS, APPLICANT, OWNER AND
DEVELOPER. (As amended through February 9, 1987).
RESOLUTION NO. 13
Motion by Councilman Cramer; seconded by Councilwoman Raffensperger;
WHEREAS,
1. The applicant, Bill J. Manos, has applied to the Town Board to rezone from a Residential
15 District to a Multiple Residence District, a parcel of land consisting of approximately 30
acres of land, designated as tax parcel 6-44-1-4.31, and which is located on the northerly side
of East King Road, and
2. The applicant has presented to the Planning Board and received final site plan approval for
the construction of 17 buildings which will contain a total of 119 dwelling units in the proportion
of three (3) 2-bedroom units to four (4) 1-bedroom units, and one service building which will
contain storage space for the occupants of each dwelling unit, a laundry, and storage space for
necessary maintenance equipment, and a one family dwelling which will be built for and initially
occupied by Mr. Manos and his family, and
3. The applicant has complied with the provisions of Local Law #3-1980 relating to the
environmental review of actions in the Town of Ithaca and the Planning Board as lead agency
has conducted a coordinate SEQR review on both the application for rezoning and the site plan
review and has determined that the project as proposed and the amendment of the Zoning
Ordinance will have no significant environmental impact and a notice of such determination has
been filed with all interested agencies, and
4. The Town Planning Board has recommended the adoption of the amendment to the Zoning
Ordinance creating the Multiple Residence District and has given final approval to the site plan,
and
5. The Town Board has reviewed the site plan approval, the minutes of the proceedings held
by the Planning Board and all other relevant documents and has complied with all requirements
of law governing the giving, posting and publishing of the notice of intention to amend the Town
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Zoning Ordinance and to hold a public hearing in connection therewith for the purpose of this
project, and
6. It has been determined that there is a need for an increase in renting housing in the Town
of the type which will be afforded by the Manos development, and
7. Cornell University has been interested in the development of these lands because of their
proximity to the South Hill Swamp and a parcel of land having ecological significance which is
owned by Cornell University, Tax Parcel 6-44-1-3; but Cornell and the applicant have reached
mutual agreement regarding pertinent aspects of the construction, development, and use of lands
for the purposes of this project, including, amongst other matters, the setting apart by the
applicant of a buffer zone, shown on the site plan filed in the office of the Town Engineer
January 18, 1983, and containing approximately six acres, and adequate provisions for drainage
and limitation on the construction and use of a twenty-five (25) foot lane in or adjacent to the
buffer, and a further limitation on permitting pets and the use of herbicides, pesticides,
chemicals and similar matters;
THEREFORE, IT IS RESOLVED AS FOLLOWS:
1. The Town Attorney shall prepare an ordinance or local law which shall provide for the
amendment of the Zoning Ordinance of the Town of Ithaca by changing the parcel consisting
of 30+ acres, Tax Parcel 6-44-1-4.31 as shown on the maps and site plans submitted to and
approved by the Planning Board and now on file in the Town Offices from Residential 15 to
Multiple Residence, with particular reference to the following conditions and matters:
A. The applicant shall submit a surveyor's map satisfactory to the Town Engineer and
Town Attorney together with a proposed description which will sufficiently identify the rezoned
parcel, and
B. The project shall be constructed, developed and used in accordance with the site
plans approved by and filed with the Planning Board, and in accordance with the site plans
approved by and filed with the Planning Board, and in accordance with the final landscaping,
engineering, and site plans which reflect all the concerns and requirements of the Planning Board
concerning fire safety, environmental quality, energy efficiency, aesthetic suitability, screening
and protection of parking areas, soil stabilization of disturbed grounds and other matters which
fall within the Planning Board's properly delegated site plan review powers, and in accordance
with the conditions of this resolution, and the conditions, provisions, and requirements of all
applicable laws, ordinances, codes, rules and regulations, and
C. With particular relevance to ecological matters, the applicant shall comply with the
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requirements and mitigating measures set forth in Part III of the Environmental Assessment
Form filed in the SEQR proceedings conducted by the Planning Board on January 18, 1983, [See
amendments to these requirements contained in 1987 Local Law Number 3] and, without limiting
the generality of any other provisions contained in this resolution,
i. The applicant shall maintain the buffer zone consisting of about 6 acres on the
westerly side of the applicant's lands as shown on the site plans and map; such parcel shall be
maintained in its natural state and no trees or shrubbery shall be cut except as may be required
by good forest management practices; no improvement shall be erected thereon and suitable
signs shall be erected identifying the perimeter of the parcel and forbidding trespassing, and
ii. The applicant may construct a driveway running northerly from East King Road
along the easterly side of the said six acre parcel shown on the site plan and map; such road
shall be constructed in accordance with the specifications of the Town Engineer and shall not
exceed twenty-five (25) feet in width, and
iii. The use of such driveway shall be limited to access for persons and vehicles to and
from East King Road to the northerly portion of only those lands of the applicant which are the
subject of this resolution and it may not be extended beyond the northerly boundary of such
lands of the applicant, and
1. iv. The driveway is for the benefit of the owner of the subject parcel and the occupants
of such lands; no right to use such driveway for the benefit of or for ingress to or from any
other land shall be permitted, and
v. Applicant has informed the Town Board that he has an option to acquire adjacent
lands on the north of the subject parcel, the descriptions and area of which have not been
divulged to the Town; this section of the resolution is not intended to deprive the present
applicant of his right to seek a review of the provisions concerning the driveway, whether in
connection with an application for a site plan or subdivision approval or otherwise, and the
proposed legislation should contain certain provisions that will insure that additional use of the
driveway, as now approved, through the subject parcel shall be reviewed by the Planning Board,
only if the present applicant seeks such review in connection with the acquisition of title to the
adjacent lands on the north by the present applicant and that whether or not such additional use
shall be permitted is not guaranteed in advance but shall be a matter of determination by the
appropriate governmental body at the time, and
vi. With the exception of pets such as birds, fish or caged animals, pets shall not be
permitted on the premises; the intention of this restriction is to prohibit the presence of animals
which may cause ecological damage to flora and fauna in the swamp area, and
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vii. The applicant's leases shall contain suitable provision prohibiting pets and advising
occupants about the conditions against trespassing in the buffer area and stressing the importance
of protecting the South Hill Swamp from any adverse impact because of unauthorized use by the
public, and
viii. The Applicant agrees to minimize the use of pesticides and other chemicals such
as road salt or calcium throughout the project area in order to limit the possibility that significant
levels may intrude into the groundwater of the South Hill Swamp and thereby alter the ecological
balance within the sensitive area, and
ix. The applicant agrees to consult and work with the staff of the Cornell Plantations
or other Cornell representatives in order to insure the continued hydrological integrity and
stability of the South Hill Swamp, and
D. The proposed legislation shall provide that the change in zoning from Residential
15 to Multiple Residence District has been enacted by the Town Board on the condition that no
buildings and residential units in excess of those approved by the Planning Board, and by this
resolution, shall be permitted and that the construction, development and use must comply in all
respects with the site plans and conditions of approval and rezoning adopted by the Planning
Board and the Town Board and no variance in the construction, development and use of the
parcel shall be permitted except as may be permitted by the Town Planning Board with the
approval of the Town Board.
E. The foregoing provisions shall also be deemed to be findings, agreements and
conditions on the basis of which this resolution was adopted.
F. This resolution does not constitute an amendment to the Zoning Ordinance but is
instead an authority to the Town Attorney and Planning Staff to prepare suitable legislation
relating to the above proposal, keeping in mind the matters concerning which the Town Board
has particular concerns.
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LOCAL LAW NO. 2 - 1984
A LOCAL LAW AMENDING SECTION 1. OF ARTICLE II OF THE TOWN OF ITHACA
ZONING ORDINANCE BY ADDING TO THE LIST OF PERMISSIBLE DISTRICTS WHICH
MAY BE DESIGNATED AS SPECIAL LAND USE DISTRICT (LIMITED MIXED USE).
Section 1. This Local Law amends Section 1 of Article II of the Town of Ithaca Zoning
Ordinance by adding to the list of permissible districts which may be designated as Special Land
Use District (Limited Mixed Use).
Section 2. The uses permitted in such district will be such a combination of the uses permitted
in a residential and agricultural district and in Business Districts A, B, and E as the Town Board
may permit. The diverse uses must be combined in a unified plan.
Section 3. The establishment of any such district shall lie in the sole discretion of the Town
Board, as a legislative body. It shall be established by amending the Zoning Ordinance to
permit such establishment. The enactment and establishment of such a district shall be a
legislative act. No owner of land or other person having an interest in land shall be entitled as
a matter of right to the enactment or establishment of any such district.
Section 4. The provisions of the Zoning Ordinance and Planning Board Regulations, as they
may be amended from time to time, and any other regulations, orders, rules and resolutions shall
apply to the establishment of any such district. In addition, the Town Board may impose such
conditions and restrictions governing the establishment and regulating the use of land in any such
district as the Town Board deems necessary and desirable.
Section 5. Subject to the provisions below, the procedures governing an application for site plan
approval as provided in Section 46 and 46(a) shall apply except that:
(a) Before submitting a general site plan to the Planning Board, the applicant
shall submit the general site plan to the Town Board.
(b) The Town Board, in its discretion, may require additional information, may
refer the matter to the Planning Board for recommendation, or may establish a
public hearing date on the proposed district.
(c) No application for the establishment of any such district shall be referred
to the Planning Board except by the Town Board.
(d) The Town Board may impose other procedural requirements with respect
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to any application or with respect to a specific application as the Town Board
may deem necessary and desirable.
Section 6. Projects such as the Wiggins' "La Tourelle" Project, the Rocco Lucente Sapsucker
Woods Project and the Lake Shore West Project which have been in the process of being
reviewed by the Town Board and the Planning Board shall be deemed to have been referred to
the Planning Board and the Town Board may amend the Zoning Law to establish such Special
Land Use Districts, if final approval or recommendation has been made by the Planning Board.
Section 7. If any portion of this law is declared invalid by a court of competent jurisdiction, the
validity of the remaining portions shall not be affected by such declaration of invalidity.
Section 8. This law shall take effect immediately.
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LOCAL LAW NO. 3 - 1984
A LOCAL LAW RELATING TO THE WALTER J. AND JOYCE Y. WIGGINS' LA
TOURELLE DEVELOPMENT ON ITHACA-DANBY ROAD (ROUTE 96B). AMENDING
THE ZONING ORDINANCE TO PERMIT CONSTRUCTION OF A BED AND BREAKFAST
INN (as amended by Local Law 11 - 1988)
WHEREAS
1. The Planning Board has extensively reviewed the proposed "La Tourelle" development
of Walter J. and Joyce Y. Wiggins at public hearings duly and properly held during the
Winter and Spring of 1984.
2. On June 5, 1984, the project was granted Final Site Plan Approval by the Planning
Board.
3. All necessary environmental reviews have been completed, after which it was
determined that the project would have no significant impact on the environment.
4. The Planning Board has determined that:
(a) There is a need for the proposed use in the proposed location.
(b) The existing and probable future character of the neighborhood will not be
adversely affected.
(c) The proposed change is in accordance with a comprehensive plan of
development in the Town.
5. The Planning Board has recommended that the Zoning Ordinance be amended to permit
this development as proposed and reviewed.
NOW THEREFORE BE IT RESOLVED:
1. That Article II, Section 1, of the Town of Ithaca Zoning Ordinance be and hereby is
amended by adding to the permissible districts itemized in said Section a district
designated as "Special Land Use District #1".
2. In the event that the Town should further amend the Zoning Ordinance by adding to the
list of permitted Districts a Special Limited Mixed Use District, the District described
by this Local Law shall be designated as such a Mixed Use District.
3. The uses permitted in this Special Land Use District are:
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(a) Any use permitted in a Residential District R15.
(b) The operation of a hotel or motel to be used as a Bed and Breakfast Inn, with
site plan approval by the Planning Board.
(c) The existing construction and use of that portion of the premises now used and
occupied as the L'Auberge du Cochon Rouge restaurant and the Barn
Apartments as shown on the final site plans and/or the survey map of "A
Portion of the Lands of Walter J. and Joyce Y. Wiggins", dated July 3, 1984.
4. This Special Land Use District includes all lots and area requirements. of Residential
District R15 except as modified below:
(a) Side Yards: May not be less than 30 feet.
(b) Snaces between Buildings: The distance between any two structures shall be no
less than the average height of both, except that a shorter distance may be
allowed if the resulting space is to be used and maintained as a fire lane.
(c) Height: No structure shall be greater than 55 feet from the lowest point at grade
to the highest point on the roof line.
(d) Storevs: No more than two storeys. However, as many as four dwelling units
may be constructed in the basement of the first phase of the development.
5. Notwithstanding the provisions of Section 3, above, the following particular covenants
and restrictions shall govern the use of the lands in this Special Land Use District #1,
otherwise known as "La Tourelle, a Bed and Breakfast Inn".
(a) The only new construction and use permitted in the above district shall be a
hotel or inn containing no more than 80 units for guests, and the following
additional facilities, all of which construction may occur in phases:
(i) Tennis courts, enclosed or otherwise.
(ii) Swimming pools. (For guests of the inn)
(iii) Cabanas or other similar accessory structures related to tennis courts and
swimming.
(iv) Pond or other body of water.
(v) Restaurant or other food service establishment.
(b) The exterior design, specifications, and plans for the buildings and other
improvements to be constructed on the premises and the development of the
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grounds and construction of all outside facilities including lighting and signs
shall be limited to those shown on the final site plan approved by the Planning
Board, June 5, 1984, and subsequent amendments thereto approved by the
Planning Board, and on other designs, architects' drawings, plans, and other
documents submitted to and approved by the Planning Board, and shall be in
accordance with all such documents.
(c) A building permit is required for the construction of any structure or building
on the premises included in the special land use district including construction
of parking areas, swimming pools, signs and outdoor lighting facilities. Such
permits shall not be issued until the Planning Board has approved the design,
specifications and site plan for such structures or buildings.
(e) No portion of the outside area of the Special Land Use District shall be used for
the service of food or beverages, nor any public assembly, nor dancing or
musical activities; except as follows:
(1) At any time subsequent to the adoption of this Local Law the Town
Board may adopt regulations by resolution or by amendment of the Town
Zoning Law to implement the provisions of this Local Law, which may
also include a requirement that the owner or his duly authorized
representative, obtain a special permit from a person designated by the
Town Board for that purpose to permit the use of portions of the
outdoors area in the immediate vicinity of the La Tourelle structure for
limited, temporary or occasional serving of food and beverage for the
guests of La Tourelle for special occasions such as weddings or other
social occasions. Such regulations shall be adopted only after a public
hearing has been held, notice of which has been published in the Official
Newspaper, at least 5 days prior to such hearing and written notice
thereof has been mailed or delivered personally to the owner of the
above project, or to his duly authorized representative, and to such other
owners of property, as the Town Board may direct. Until such time as
such regulations may be adopted, the lands may be used for the outdoor
activities, as described above, without a permit.
(f) All ambient noise associated with the use of this property shall be regulated by
Article VIII, Section 42 of the Zoning Ordinance.
(g) Ingress and egress shall be through the driveway leading to state Highway Route
96B past the restaurant as shown on the final site plan and survey map dated
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July 3, 1984.
(h) All construction must comply with all applicable laws, codes, ordinances, rules
and regulations.
(i) These covenants may be enforced by the owner of any land lying within 500 feet
of the boundaries of this district, and/or by the Town of Ithaca.
(j) The above restrictive covenants shall run with the land and shall be incorporated
in a document which shall be signed by the Owner and recorded in the
Tompkins County Clerks Office. No portion of the building shall be occupied
or otherwise used unless a valid Certificate of Occupancy has been issued.
6. This Special Land Use District shall be added and hereby is added to the Official
Zoning Map of the Town of Ithaca at the location given in Schedule A below.
7. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
8. The Town reserves for itself, its agencies, and all other persons having an interest, all
remedies and rights.to enforce the provisions of this law, including, without limitation,
actions for an injunction or other equitable remedy, or action and damages, in the event
the owner of the parcel covered by this law fails to comply with any of the provisions
thereof.
9. This law shall take effect immediately.
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SCHEDULE A:
REVISED DESCRIPTION OF PORTION OF LAND OF
WALTER J. AND JOYCE Y. WIGGINS
TO BE REZONED
Situate in the Town of Ithaca, County of Tompkins, State of New York.
Beginning in the center line of New York State Route 96B at the southeast corner of lands of
Laurent and Kaethe Bessou, designated as Tax Parcel No. 6-36-1-4.3:
1. Thence southerly along said center line 435' more or less, to the northeast corner of
property of Irene Stout, designated as Tax Parcel No. 6-36-1-5;
2. Thence westerly 200' more or less, to the northwest corner of said Stout property;
3. Thence southerly 100' more or less, to the southwest corner of said Stout property and
the north line of lands of Fairview Manor Realty Co., Tax Parcel No. 6-36-1-6;
4. Thence westerly in part along a northerly property line of lands of Fairview Manor
Realty Co., and designated as Tax Parcel No. 6-36-1-6, 1100' to a point;
5. Thence northerly through the lands of Wiggins, 935' more or less to the southerly
boundary of lands now or formerly of Anthony Leonardo, designated as Tax Parcel No.
6-37-2-20.2;
6. Thence easterly along Leonardo's southerly line 600' to a point;
7. Thence southerly, in part along the west line of Bessou's property (designated as Tax
Parcel No. 6-36-1-4.3) 400' more or less to their southwest corner;
8. Thence easterly along Bessou's southerly line, 700' more or less to the center line of
Route 96B and the Point of Beginning.
Containing 20.3 acres, more or less.
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LOCAL LAW NO. 4 - 1984
A LOCAL LAW RELATING TO ROCCO LUCENTE - SAPSUCKER WOODS ROAD
SUBDIVISION AMENDED TO THE ZONING ORDINANCE TO PERMIT CONVERSION
OF 14 DWELLING UNITS (as amended by Local Law 6 - 1985)
RESOLVED:
That the Town Board of the Town of Ithaca enact and hereby does enact this Local Law to
amend the Zoning Ordinance of the Town of Ithaca to permit the 14 existing buildings located
at 108 through 230 Sapsucker Woods Road, Town of Ithaca Tax Parcels No. 6-70-10-3.12
through 6-70-10-3.25, owned by Rocco Lucente and more particularly described in Schedule A
of this Resolution, to be modified to permit the conversion of each existing building to no more
than four (4) dwelling units subject to the following terms and conditions:
ZONE DESIGNATION OF AREA
The area covered by this Local Law shall remain Residence District R15 and all provisions of
the Town Zoning Ordinance, as amended, shall govern, except as otherwise modified by this
resolution or any law or ordinance adopted pursuant thereto.
2. CONVERSION OF DWELLING UNITS
Each of the 14 buildings may be converted into no more than four (4) dwelling units, consisting
specifically of two (2), two -bedroom dwelling units and two (2), one -bedroom dwelling units,
as more particularly shown on the final building plan and final site plan approved by the
Planning Board and subject to any other requirements of the Planning Board, and the Town
Board.
3. CONVERSION PERIOD
(a) The conversion of the 14 structures must be completed within five (5) _years of
the adoption of this Local Law. Any structure which has not been converted
within this five (5) year period may not be later converted or remodelled to
contain more than two (2) dwelling units and the present owner, Rocco Lucente,
or any of his successors, distributees, assigns, or other transferees, shall have
waived and surrendered any prior right to rent, and he or they are specifically
prohibited from renting, such building to a greater number of occupants,
including unrelated occupants, than is allowed in a Residence District R15 for
two (2) family houses, under the current provisions of the Town Zoning
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Ordinance as of the date of the adoption of this Local Law.
(b) The process of conversion shall be planned so that there shall be no more than
four (4) structures uncompleted at any time, except that the planting of trees and
shrubbery on any lot may be postponed to a more favorable season, but no more
than twelve (12) months after completion of the conversion.
4. OCCUPANCY RESTRICTIONS
(a) Except as stated in paragraph 3(a), occupancy of each of the two (2) one -
bedroom dwelling units in any converted structure shall be limited to one
household (or family), which is defined either as 'any number of persons related
by blood or marriage, including adopted children' or 'no more than two
unrelated persons occupying a single dwelling unit.'
(b) Except as stated in Paragraph 3(a), each of the two (2) two -bedroom dwelling
units in any converted structure shall be occupied by no more than one
household or family, as described above, plus one unrelated person.
(c) After the conversion, remodelling, or modification of any such structure has
begun pursuant to a valid building permit, the structure shall not be occupied or
leased other than in conformance with the requirements of this Resolution.
5. CONVERSION INTO LESS THAN FOUR UNITS
In the event any structure is, at any time, converted to less than four dwelling units, the
conversion shall be final, and any such structure shall thereafter contain no more than such lesser
number of units into which the building was converted and the number of such dwelling units
in such structure shall not be thereafter increased. For example, any structure converted into
3 or 2 dwelling units shall thereafter continue to be used and occupied only as a 3 or a 2
dwelling unit structure, as the case may be.
b. DESTRUCTION OF BUILDING
If any converted building is partially or substantially destroyed or damaged by fire or other "act
of God," the owner may rebuild a structure of similar design and dimensions, having no more
than the number of dwelling units it contained immediately prior to such damage or destruction.
7. OWNER OCCUPANCY
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At least one dwelling unit in each of the structures, after any conversion as provided herein,
shall, within twenty-four months of the issuance of a Certificate of Occupancy issued in
connection with such conversion be owner -occupied. Such owner, however, must qualify as a
household (or family) as defined herein. If, thereafter, a structure is not occupied by the owner
then the structure may be occupied only as permitted by the regulations of a Residential District
R-15 for a two-family dwelling as if this amendment to the Zoning Ordinance had not been
adopted. Notwithstanding the foregoing, however, after the premises have been owner -occupied
for at least four consecutive years, at the owner's option the premises may be leased and non -
owner occupied for a period of up to twelve months out of each consecutive periods of sixty
months.
8. PARKING
(a) Parking of automobiles may be permitted in the front yard in areas designated
therefor.
(b) The number of automobiles and the spaces which shall be provided for each
building shall be six (6), at least 2 of which shall be in an enclosed garage and
the remainder of which shall be parked in the front yard. No more than one
automobile shall be parked in each space.
(c) The location and materials of each parking space and driveway shall be located
and constructed in accordance with the requirements of the Town Planning
Board as shown on the final, approved site plan, or as otherwise provided by the
Planning Board.
(d) Parking spaces and driveways must be maintained in good repair and neat
condition at all times.
9. RESTRICTIVE COVENANTS AND OCCUPANCY
(a) No building shall hereafter be occupied by any occupant either as an owner, or
his household or family or his lessee, until:
(1) A document containing restrictive covenants substantially as provided
herein and containing such additional provisions as may be reasonably
required to carry out the purposes of this law shall have been signed and
acknowledged by the present owner, Rocco Lucente, and recorded in the
Tompkins County Clerk's Office.
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(2) A Certificate of Occupancy has been issued by the Town for each
dwelling unit in the structure.
(b) Such covenants and restrictions shall run with the land and may be enforced by
any one or more of the following:
(1) The Town Board.
(2) Any owner of any of the lots (2-15) covered by this law.
(c) The restrictive covenants and all other provisions of this law shall bind Rocco
Lucente, his heirs, distributees, successors and assigns or any other person who
may now have interest in the title of the land.
10. INVALIDITY AND SEVERABILITY
In the event that any portion of this law is declared invalid by a court of competent jurisdiction,
the validity of the remaining portions shall not be affected by such declaration of invalidity.
11. DEFINITIONS
(a) The words "structure" and "building" may be used interchangeably.
(b) The words "owner -occupied" means occupancy by the deed owner of record of the
premises. In any action to enforce any violations of these provisions, any relief obtained against
the record owner of the premises, such as injunction, damages, or declarations, shall be binding
upon all persons having any interest in the property, beneficial or otherwise, or any persons
having a lien on the property derived through the record owner.
12. ENFORCEMENT
The Town reserves for its agencies, and all other persons having an interest, all remedies and
rights to enforce the provisions of this law, including without limitation, actions for any
injunction or other equitable remedy, or action and damages, in the event the owner of any of
the parcels covered by this law fails to comply with any of the provisions thereof.
13. This law shall take effect immediately.
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SCHEDULE A
Description of Land of Rocco Lucente on Sapsucker Woods Road.
The area to which the provisions of this law apply is located on the West side of Sapsucker
Woods Road, and consists of 14 lots (Lots 2 to 15 inclusive), shown on the survey map of the
"Rocco Lucente Subdivision on the West side of Sapsucker Woods Road" made by Carl
Crandall, C. E., dated April 8, 1967, a copy of which is on filed in the Office of the County
Clerk.
The area begins on the West side of Sapsucker Woods Road at a point which is the Northeast
corner of Lot 1 as shown on said map, which is 250 feet north from the intersection of the West
line of Sapsucker Woods Road and the North line of Hanshaw Road; thence North 1427 feet,
more or less, along the street line to the Northeast corner of Lot 15; thence to the Northwest
corner of Lot 15; thence South along the West line of Lots 15-11 inclusive, 497.5 feet, more
or less, to the Southwest corner of Lot 11; thence East about 25 feet to the Northwest corner
of Lot 10; thence South along the West line of Lots 2-10 inclusive, 950 feet, more or less, to
the Northwest corner of Lot 1; thence East along the North line of Lot 1, 175 feet to the place
of beginning.
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LOCAL LAW NO. 4 - 1986
TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT
(LIMITED MIXED USE) AT THE BIGGS COMPLEX OWNED BY TOMPKINS COUNTY.
The Zoning Ordinance of the Town of Ithaca as re -adopted, amended and revised
effective February 26, 1968, be further amended as follows:
1. Article II, Section 1 of the Town of Ithaca Zoning Ordinance be and hereby is
amended by adding to the permissible districts itemized in said section a district designated as
"Special Land Use District No. 3."
2. The uses permitted in this Special Land Use District No. 3 are:
(a) any. use permitted in an R9, R15, R30 or Multiple Residence District.
(b) any use permitted in an Agricultural District.
(c) any use permitted in an A, B or E Business District (Restaurant use
only).
3. Notwithstanding the foregoing, no uses otherwise permitted shall be allowed in such
district if the uses produce offensive noise, odors, smoke, fumes, vibration, glare, electronic
interference, radiation, or if the use involves substances or devices that may cause harm due to
their hazardous nature. No uses shall be permitted if not pursuant to and consistent with a
unified plan for the entire Special Land Use District as the same may be initially approved by
the Planning Board and subsequently amended with the approval of the Planning Board.
4. Any use in this district shall be governed by all of the requirements, including
sideyards, setbacks, building coverage, accessory uses, and similar requirements, of the most
restrictive district (other than this Special Land Use District (Limited Mixed Use)) in which such
use is permitted by other terms of this ordinance, except that the number of parking places
required shall be the number presently provided unless the Planning Board, in its discretion,
determines parking is inadequate in which event the number of parking places shall be increased
to the number designated by the Planning Board up to the maximum that would otherwise be
required by the most restrictive districts for which each use would be governed but for the
existence of this Special Land Use District.
5. In addition to the requirements and restrictions imposed by any other district, there
shall be no new construction in this Special Land Use District unless and until all of the
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requirements of this ordinance have been complied with and, in addition, the following
requirements to the extent not required by other provisions of this ordinance:
(a) The exterior design, specifications, and plans for the buildings and other
improvements to be constructed on the premises and the development of the
grounds and construction of all outside facilities including lighting and signs
shall have been shown on a final site plan approved by the Planning Board, and
any construction thereafter shall be in accordance with said site plan as finally
approved. In determining whether or not to approve the site plan, the Planning
Board may employ the same considerations it would employ in approving a site
plan pursuant to Sections 46 and 78 of this ordinance.
(b) Building permits shall be required for any construction, including construction
of signs and outdoor lighting facilities. Such permits shall not be issued until
the Planning Board has approved the design and specifications therefore.
(c) No further construction will occur until a new access roadway has been built by
Tompkins County from station 10+00 west of and through parcel P4 as shown
on the map referred to in Schedule A to this local law to connect to the two-way
driveway presently extending from the southeast corner of parcel P3 as shown
on said map to Indian Creek Road according to a mutually agreeable location
and specifications acceptable to the Town Board of the Town of Ithaca, and until
utility easements to serve properties to the north and west of lands of Tompkins
County be granted for water and sewer extensions from existing on -site utility
locations and more specifically to the former Gilcher property and to Indian
Creek Road at locations and upon terms and specifications satisfactory to the
Town Board.
(d) No new construction and no additional occupancy of the existing buildings in
this Special Land Use District shall be permitted if the Planning Board, in its
discretion, determines that present arrangements for on -site parking are
inadequate until sufficient on -site parking spaces are provided in an amount
required by the Planning Board up to the maximum required by the most
restrictive districts for which each use would be governed but for the existence
of this Special Land Use District.
(e) Any construction for which a permit is granted shall comply with all applicable
laws, codes, ordinances, rules and regulations.
6. The area encompassed and rezoned in accordance with this local law to Special Land
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Use District No. 3 is described on Schedule A to this local law. The Official Zoning Map of
the Town of Ithaca is hereby amended by adding such district at the location described.
7. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be affected by such declaration of
invalidity.
8. This law shall take effect 20 days after its adoption or the date it is filed in the
Office of the Secretary of State of the State of New York, whichever is later.
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SCHEDULE A
DESCRIPTION OF PORTION OF LANDS OF TOMPKINS COUNTY
BEING REZONED SPECIAL LAND USE DISTRICT NO. 3
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins
County, State of New York, more particularly described as follows:
COMMENCING at a point in the access road to the Tompkins County Biggs facility which point
of beginning is located 91.99 feet south 23 degrees 11 minutes 36 seconds east from a "PK" nail
located in the center line of Indian Creek Road at the intersection of said center line with the
center line of said access road; running thence south 76 degrees 49 minutes 53 seconds east
229.21 feet along the center line of a service road; running thence on a curve to the right along
the center line of said service road with a chord direction of south 63 degrees 33 minutes 19
seconds east and a chord distance of 287.27 feet to a point; running thence south 50 degrees 49
minutes 47 seconds east along the center line of said service road 112.53 feet to where said
center line intersects with the center line of another service road; running thence south 15
degrees 36 minutes 25 seconds east along the center line of a service road 269.33 feet to a point;
running thence south 74 degrees 37 minutes 45 seconds west 68.12 feet to an iron pipe; thence
running south 15 degrees 21 minutes 36 seconds east 155.9 feet to an iron pipe; running thence
north 74 degrees 29 minutes 53 seconds east 67.47 feet to a point; running thence on a curve
to the left and then a slight curve back to the right with a combined chord distance of south 49
degrees 9 minutes 39 seconds east and a chord distance of 209.49 feet which line runs along the
center line of said service road to its intersection with the center line of another service road;
running thence northerly on the center line of the service road and past the gas regulating house
on a curve first to the right and then slightly to the left, the combined chord being in a direction
of north 16 degrees 40 minutes 5 seconds east with a chord distance of 344.8 feet to a point of
juncture between the center lines of two service roads; running thence on a slight curve to the
left along the center line of one of said service roads a chord direction of north 85 degrees 5
minutes 49 seconds east and a chord distance of 114.48 feet to a point; running thence along the
center line of said road on a chord direction of north 69 degrees 42 minutes 24 seconds east and
a chord distance of 99.87 feet to a point; continuing along the same center line a chord direction
of north 52 degrees 6 minutes 42 seconds east a chord distance of 99.89 feet to a point; running
thence along the center line a further distance of 16.29 feet to a point; running thence south 3
degrees 42 minutes 28 seconds east 645.48 feet to a point; running thence south 32 degrees 41
minutes 49 seconds east 88.47 feet to an iron pipe; running thence south 74 degrees 38 minutes
43 seconds west 403.55 feet to the center line of a service road; running thence south 14 degrees
3 minutes 25 seconds east along the center line of said road approximately 20 feet to a nail set
in the middle of the road; running thence south 74 degrees 34 minutes 8 seconds west south of
the old Hospital Building a distance of 296.25 feet to an iron pipe; running thence south 15
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degrees 22 minutes 41 seconds east on a line parallel to a wing of the old Hospital and
approximately 40 feet distant therefrom a distance of 121.86 feet to an iron pipe; thence running
north 74 degrees 23 minutes 51 seconds west and passing 3 feet southerly of the old Hospital
Building a distance of 404.3 feet to an iron pipe; running thence north 22 degrees 38 minutes
46 seconds west approximately 260 feet to a monument; running thence north 19 degrees 0
minutes 26 seconds west 338.44 feet to an iron pipe; running thence on the same bearing a
distance of 121.10 feet to an iron pipe; running thence north 81 degrees 15 minutes 52 seconds
east 227.82 feet to an iron pipe; continuing on the same bearing 25 feet to the center line of a
service road; running thence on a slight curve to the left with a chord bearing north 15 degrees
32 minutes 48 seconds west and a chord distance of 273.27 feet, said course running along the
center line of said service road to a point; thence north 23 degrees 11 minutes 36 seconds west
along the center line of said service road 537.96 feet to the point or place of beginning.
The description set forth above is based upon a map entitled "Subdivision Map of Lands of the
County of Tompkins N.Y.S. Route 96, Trumansburg Road, Town of Ithaca, Tompkins County,
New York," dated August 1, 1984, amended April 24, 1985, made by T. G. Miller Associates,
P.C., marked to show Proposed Mixed Use Zone June 2, 1986 and is intended to include parcels
designated P3, P4, P6, P7A, P8A, and P9, a copy of which map is on file with the Planning
Department of the Town of Ithaca.
Containing approximately 22.2 acres of land, more or less.
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LOCAL LAW NO. 1 - 1987
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL
LAND USE DISTRICT (LIMITED MIXED USE) AT THE FORMER CORNELL
UNIVERSITY STATLER WEST COMPLEX (as amended by Local Law No. 5 - 1987).
The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised
effective February 26, 1968, and thereafter further amended, be further amended as follows:
1. Article II, Section 2 of the Town of Ithaca Zoning Ordinance be and hereby is
amended by adding to the permissible districts itemized in said section a district designated as
"Special Land Use District No. 4"
2. The uses permitted in Special Land Use District No. 4 are:
(a) any use permitted in an R-15 residence district;
(b) business offices or professional offices, such as medical offices and
laboratories (subject to the further provisions stated herein);
(c) art gallery;
(d) up to two residential apartments.
3. Notwithstanding the foregoing, no uses otherwise permitted shall be allowed in such
district if the uses produce offensive noise, odors, smoke, fumes, vibration, glare, electronic
interference, radiation, or if the use involves substances or devices that may cause harm due'to
their hazardous nature. No uses shall be permitted if not pursuant to and consistent with a
unified plan for the entire Special Land Use District as the same may be initially approved by
the Planning Board and subsequently amended with the approval of the Planning Board.
4. Any use in this district shall be governed by all of the requirements, including
parking, sideyards, setbacks, building coverage, accessory uses, and similar requirements, of
the most restrictive district (other than this Special Land Use District (Limited Mixed Use))in
which such use is permitted by other terms of this ordinance.
5. In addition to the requirements and restrictions imposed by any other district, there
shall be no new construction in this Special Land Use District unless and until all of the
requirements of this ordinance have been complied with and, in addition, the following
requirements to the extent not required by other provisions of this ordinance:
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(a) The exterior design, specifications, and plans for the buildings and other
improvements to be constructed on the premises and the development of the
grounds and construction of all outside facilities including lighting and signs
shall have been shown on a final site plan approved by the Planning Board, and
any construction thereafter shall be in accordance with said site plan as finally
approved. In determining whether or not to approve the site plan, the Planning
Board may employ the same considerations it would employ in approving a site
plan pursuant to Sections 46 and 78 of this ordinance.
(b) Building permits shall be required for any construction, including construction
of signs and outdoor lighting facilities. Such permits shall not be issued until
the Planning Board has approved the design and specifications therefore.
(c) No new construction and no additional occupancy of the existing buildings in
this Special Land Use District shall be permitted if the Planning Board, in its
discretion, determines that present arrangements for on -site parkingare
inadequate until sufficient on -site parking spaces are provided in an amount
required by the Planning Board up to the maximum required by the most
restrictive districts for which each use would be governed but for the existence
of this Special Land Use District.
(d) Any construction for which a permit is granted shall comply with all applicable
laws, codes, ordinances, rules and regulations.
6. The area encompassed and rezoned in accordance with this local law to Special Land
Use District No. 4 is described on Schedule A to this local law. The Official Zoning Map of
the Town of Ithaca is hereby amended by adding such district at the location described.
7. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be affected by such declaration of
invalidity.
"a. i nis law shall take effect 20 days after its adoption or the date it is filed in the
Office of the Secretary of State of the State of New York, whichever is later.
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SCHEDULE A
DESCRIPTION OF PORTION OF LANDS OF CORNELL UNIVERSITY
BEING REZONED SPECIAL LAND USE DISTRICT NO. 4
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County,
State of New York, being located on New York State Route 96 in said Township and being more
particularly described as follows:
COMMENCING at the southwest corner of premises reputedly owned by Paleontological
Research, Inc. (see deed recorded in the Tompkins County Clerk's Office in Book 464 of Deeds
at Page 405), which point is also a northwest corner of premises reputedly owned by Cornell
University as shown on a map entitled "Proposed Special Land Use District for J. Ciaschi and
the Mayer School at the Cornell U. Statler West Complex," dated December 17, 1986, by J.
W. Mayer, Map Source: "Final Plat, Proposed Subdivision, Lands of Cornell University, Lot
No. 87, Town of Ithaca," dated August 26, 1986, by Milton A. Greene, P.L.S. 42000, which
corner is an east line of New York State Route 96; running thence north 68 degrees 48 minutes
east along a southwesterly line of the Paleontological Research premises a distance of 710.22
feet to an iron pipe; running thence south 46 degrees 30 minutes east passing through an iron
pipe at 317.18 feet a total distance of 405 feet to an iron pipe; running thence south 10 degrees
10 minutes east 241.76 feet to an iron pipe; running thence on a slight curve to the left with a
chord distance of 230.24 feet on a bearing of south 64 degrees 57 minutes west with a radius
of 448.26 feet to an iron pipe; running thence south 50 degrees 4 minutes west 321.76 feet to
a point in the east line of New York State Route 96; running thence north 43 degrees 56 minutes
west passing through an iron pipe at 438.88 feet a total distance of 784.08 feet to the point or
place of beginning.
The above description is based upon a map entitled "Proposed Special Land Use District for J.
Ciaschi and the Mayer School at the Cornell U. Statler West Complex," dated December 17,
1986, by J. W. Mayer, Map Source: "Final Plat, Proposed Subdivision, Lands of Cornell
University, Lot No. 87, Town of Ithaca," dated August 26, 1986, by Milton A. Greene, P.L.S.
42000, a copy of which map is on file with the Planning Department of the Town of Ithaca.
Containing approximately 10.2 acres of land, more or less.
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LOCAL LAW NO. 6 - 1987
A LOCAL LAW TO AMEND THE ZONING ORDINANCE BY REZONING A PORTION
OF LAND AT 136-146 SEVEN MILE DRIVE FROM R-30 (RESIDENTIAL DISTRICT) TO
R-5 (MOBILE HOME PARK DISTRICT) (as amended by Local No. 1 - 1992)
The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised
effective February 26, 1968 and subsequently amended, be further amended as follows:
1. The zoning map dated July 1, 1954, as amended to date, is hereby further amended
by rezoning the lands described on Schedule A incorporated into this local law from residence
district R-30 to residence district R-5 (mobile home park district).
2. The area so rezoned is subject, in addition to the conditions set forth in Article II -A
to the following additional conditions:
(a) A buffer zone 30 feet in depth from the right of way of Seven Mile Drive be
established within one year from the effective date of this local law.
(b) The density of the present, non -conforming, existing mobile home park, be reduced
from 24 to 22 mobile homes within one year from the effective date of this local law
and to 20 mobile homes within three years of the effective date of this local law.
(c) The total number of mobile homes within the area being rezoned (including the
existing park and the planned expansion of same) shall not exceed 65.
(d) The expansion of the park shall occur in phases. The first phase shall consist of
no more than ten new units plus removal of up to two units from the existing park to
the proposed expansion area. Building permits for no more than such twelve new units
may be issued during the first year following enactment of this local law. After such
twelve building permits are issued and mobile homes installed with respect to all of
such permits, no further building permits shall be issued until
(i) The developer, in cooperation with the Town of Ithaca Engineer and the
Tompkins County Health Department, conducts such tests as the Town Engineer
may reasonably require to determine the impact of the additional units on the
water and septic systems of the Park and surrounding neighbors; and
(ii) The Town Engineer reports to the Planning Board the results of such tests;
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and
(iii) The Planning Board is reasonably satisfied that the addition of such twelve
units has not had a significant adverse impact (a) upon the quality and adequacy
of water for the remainder of the Park and for the surrounding landowners (or
if a significant impact is found, such impact will be ameliorated by the imminent
availability of public water) or (b) upon the quality, adequacy, and effectiveness
of the septic systems for the Park and surrounding neighbors; and
(iv) The Planning Board is reasonably satisfied that the addition of up to ten
more units (Phase Two units) will have no such significant impact in the future
upon water supplies and septic systems.
Upon making such determination, and subject to such other additional conditions as the
Planning Board may reasonably impose, the developer may be authorized by the
Planning Board to install up to ten more new units in accordance with final site plan
approval from the Planning Board for Phase II of the development, and up to ten more
building permits may thereafter issue for same.
No more than the ten permits for Phase II shall be issued until completion of Phase II
and the developer has again conducted tests as required upon completion of the first
phase of ten units and two relocated units and the same procedures are again followed
and the same determinations are again made with respect to there being no significant
impact on water supplies and septic systems from the already constructed units and the
planned final ten units. If the Planning Board finds no such significant impact has or
will occur, and otherwise approves a final site plan for Phase III, the developer may
receive building permits for up to ten final units to the extent authorized and approved
by the Planning Board and upon such conditions as may be reasonably imposed by the
Planning Board.
If the Planning Board finds that no significant impact has occurred by reason of the
installation of the first 52 units hereunder (inclusive of the original park area) and the
Planning Board further finds that there will be no further significant impact by the
installation of up to 13 additional units, the Developer may receive building permits for
13 additional units to the extent authorized and approved by the Planning Board upon
such conditions as may be reasonably imposed by the Planning Board and upon the
conditions set forth herein. As a condition of issuing such permits, the Planning Board
may require tests and findings similar to those required as a pre -requisite to the issuance
of any permits in Phase I, Phase II, or Phase III.
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In addition to any conditions imposed by the Planning Board, the granting of any
permits for installation of more than 52 mobile homes in the mobile home park shall
be subject to the following additional conditions:
(i) All mobile homes in the mobile home park, including any new mobile
homes to be installed and any mobile homes installed prior to the enactment of
Local Law No. 6 for the year 1987 and any amendments thereto, shall be
connected to municipal water no later than December 31, 1992.
(ii) Connections to the municipal water supply will be in conformance with
New York State Department of Health Requirements, Southern Cayuga Lake
Intermunicipal Water Commission Regulations and all Town of Ithaca laws,
rules and regulations including the Town of Ithaca Cross -Connection Control
Law.
(iii) Immediate connection to municipal sewers will be required for all new
mobile home lots or other construction.
(iv) Connection of existing lots with currently functional on -site disposal
systems to municipal sewers will be completed by August 1, 1997. Connection
of lots served by inadequate on -site sewage disposal facilities, as determined by
the Tompkins County Health Department, will be completed within one month
of the failure of the system or whenever directed by the Town Board or
Tompkins County Health Department, whichever is earliest.
(v) Sewage treatment billings may, at the option of the Town, be reduced in
proportion to the number of unsewered lots for a period of time up to August
1, 1997. The rate of adjustment will be computed by the Town Engineer based
on the percentage of unsewered lots in the Park (initially the sewage billings
would be reduced by 52/65 assuming 13 new sewered lots and no other sewer
connections). Notwithstanding the foregoing, sewer benefit assessment charges
would be calculated without reduction (i.e. 65 sewer units would be charged
assuming construction of all 13 new lots).
(e) The existing park driveway be reconstructed upon completion of Phase I of the
proposed mobile home park expansion, or within one year of the effective date of this
local law, whichever is earlier, as may be specified by the Planning Board, including
specifications as to width, parking, surface construction, and granting any final site plan
approvals of any of the phases.
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(f) Proper erosion control measures be practiced during project development.
(g) The owner of the area being rezoned enter into an agreement in form and substance
satisfactory to the Town of Ithaca Planning Board and the Town Attorney submitting
the entire area to be rezoned (including the existing mobile home park) to the conditions
contained in this local law, and, to the extent not modified by this local law, to the
requirements of Article 11-A of the Town of Ithaca Zoning Ordinance or any successor
statute, with such modifications applicable to the existing non -conforming park as the
Town of Ithaca Planning Board may approve in approving the final site plan for the
expanded park and including those modifications set forth in the resolution of the Town
Planning Board relating to this project dated December 2, 1986. Such agreement shall
be in a form as to permit its recording in the Tompkins County Clerk's Office and shall
be recorded in such office at the owner's expense within ten days of final site plan
approval of the first phase by the Town Planning Board.
(h) The owner of the rezoned area provide an "as built" site plan of the existing mobile
home park in form and substance satisfactory to the Town of Ithaca Planning Board
showing the mobile homes, lots, utilities, roads, and other items reasonably required
by the Board. Such plan shall be submitted before final site plan approval of any new
lots.
(i) All refuse and debris, including especially any inorganic items (pipes, sheetmetal,
cans, etc.), be removed from the existing park and the planned expansion of the park,
or stored only in closed garbage containers located as approved by the Town of Ithaca
Planning Board, before any building permits are issued for the new park.
0) The mobile home park (both existing and the planned expansion of same) be kept
free of refuse and debris.
(k) If the operator of the mobile home park fails to comply with the requirements set
forth in this local law, without limiting other remedies available to the Town of Ithaca,
the Town may withhold an annual operating permit as well as any future building
permits until the premises and the owner are in full compliance with the conditions set
forth in this local law and the requirements of the Town of Ithaca Zoning Ordinance.
(1) A final site plan containing such details and information as may be required by the
Town of Ithaca Planning Board be submitted to and approved by such Board pursuant
to Section 46-a of the Zoning Ordinance, as if this were the creation of a Special Land
Use District.
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3. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be affected by such declaration of
invalidity.
4. This law shall take effect 20 days after its adoption or upon the date it is filed in the
Office of the Secretary of State of the State of New York, whichever is later.
zoning.app, wp51Izon, 1127193
SCHEDULE A
DESCRIPTION OF LANDS BEING REZONED FROM
R-30 TO R-5 ON SEVEN MILE DRIVE
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins
County, State of New York, more particularly described as follows: COMMENCING at a point
in the center line of Seven Mile Drive which point is approximately 1,472 feet northerly along
the center line of Seven Mile Drive from its intersection with the center line of New York State
Route 13 and which point of beginning is in a southeasterly corner of premises presently owned
by Paul Jacobs; running thence north 89 degrees 55 minutes 30 seconds west along the southerly
line of said Jacobs parcel approximately 1,206 feet to a southwesterly corner of said Jacobs
parcel; running thence north 3 degrees 5 minutes 29 seconds west along a westerly line of said
Jacobs parcel a distance of approximately 444 feet to a corner in said property; running thence
south 89 degrees 49 minutes west 120 feet to a point, which point is approximately 1,135.82 feet
easterly of the center line of Calkins Road; running thence north 0 degrees 11 minutes west
parallel to the center line of Calkins Road a distance of approximately 209.1 feet to a point in
the north line of premises owned by Jacobs; running thence north 89 degrees 49 minutes east
along said north line of Jacobs 1,075.66 feet to a point which point is located 250 feet south 89
degrees 49 minutes east from the center line of Seven Mile Drive and which point is marked by
an iron pin; running thence south 54 degrees east between said barn and garage a distance of 180
feet to an iron pin; running thence north 89 degrees 49 minutes east passing through an iron pin
at 224.20 feet a total distance of 250 feet to the center line of Seven Mile Drive; running thence
south 0 degrees 54 minutes east along the center line of Seven Mile Drive a total distance of
478.02 feet the point or place of beginning.
The description set forth above is based upon two maps, one entitled "Map of Survey
Portion of Lands Owned by Paul A. and Linda S. Jacobs" dated April 26, 1986, revised July
31, 1986, surveyed and mapped under direction of Richard L. McDowell, Jr. and a general site
plan entitled "Addition to College View Mobile Home Park, Paul Jacobs, Seven Mile Drive,
Ithaca, New York, 14850" dated November 20, 1986, made by William F. Albern, P.E., copies
of which maps are on file with the Planning Department of the Town of Ithaca.
Containing approximately 18 acres of land, more or less.
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LOCAL LAW NO. 10 - 1987
A LOCAL LAW TO AMEND THE ZONING ORDINANCE REZONING THE FORMER
ODD FELLOWS CARRIAGE HOUSE FROM RESIDENCE DISTRICT R-30 TO MULTIPLE
RESIDENCE DISTRICT.
The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective
February 26, 1968, and subsequently amended, be further amended as follows:
1. The Zoning Map dated July 1, 1954, as amended to date, is hereby further amended
by rezoning the lands described on Schedule A incorporated into this local law from Residence
District R-30 to Multiple Residence District.
2. The area so rezoned is subject, in addition to the conditions set forth in Article 6
of the Zoning Law to the following additional conditions:
(a) There shall be no more than seven dwelling units permitted on said land.
(b) No dwelling unit will be occupied by any more than three unrelated
persons and the entire premises will not be occupied by any more than
a total of 21 people, related or otherwise.
(c) There shall be filed with the Town Clerk of the Town of Ithaca and with
the Tompkins County Clerk a Declaration of Restrictive Covenant, in
form and substance satisfactory to the Town Attorney, limiting the
occupancy in the manner set forth above.
(d) The execution by the developer of appropriate easements, subject to the
approval by the Town Attorney, such that there be one-way ingress at
the southern Statler West Complex gate for the Multiple Residence
District created by this local law, the Mayer School, and the former Odd
Feiiows Infirmary, and such that there be egress from the northerly gate
of the Statler West Complex, until such time as a road is constructed
along the 60-foot right of way located adjacent to the northerly line of
the premises being rezoned to Multiple Residence by this local law.
These easements may be modified in the discretion of the Town of
Ithaca Planning Board after review of a revised site plan showing the
proposed modification.
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(e) There will be no construction of additional buildings on the area rezoned
to Multiple Residence District except small accessory buildings as are
shown on a site plan for the Multiple Residence District approved by the
Town of Ithaca Planning Board.
3. This local law shall take effect upon its filing with the Secretary of State or 20 days
after its adoption, whichever is later.
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SCHEDULE A
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins
County, New York, being known generally as Ithaca Tax Parcel 6-24-3-3.3 located on
Trumansburg Road and is more particularly described in accordance with the map entitled "Final
Plat Proposed Subdivision Lands of Cornell University" dated August 26, 1986 made by Milton
A. Greene, a copy of which final plat is on file with the Town of Ithaca Planning Office as
follows:
COMMENCING at an iron pipe in the easterly line of New York State Route 96 which
iron pipe and point of beginning is located the following courses and distances from the
intersection of the center line of New York State Route 96 and Bundy Road:
(f) northwesterly along the center line of New York State Route 96 approximately
1649.0 feet;
(g) thence north 66 degrees 46 minutes east 35.28 feet to the easterly line of New
York State Route 96;
(h) thence north 43 degrees 56 minutes west along the easterly line of New York
State Route 96 to the iron pipe at the point of beginning, which iron pipe is in
the southwesterly corner of the lands hereinafter described and in the
northwesterly corner of a 1.47 acre parcel denominated "Parcel No. 3" on said
map.
Running from said point of beginning the following courses and distances:
(a) north 56 degrees 36 minutes east 419.03 to an iron pipe;
(b) north 10 degrees 10 minutes west 168.26 feet to a point in the southerly line of
an area reserved for future access road; thence on a curve to the left an arc
distance of 201.7 feet, said curve having a radius of 448.26 feet and a chord
distance of 199.42 feet on a bearing of south 64 degrees 57 minutes west to a
point;
(c,' south 50 degrees 4 ,minutes west 317.56 feet to a point;
(d) south 43 degrees 56 minutes east 150 feet along the easterly line of New York
State Route 96 to the point or place of beginning.
It is the intent to describe Parcel No. 2 as shown on the above mentioned map being
approximately 1.83 acres and the parcel shown as having a cottage on said map.
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LOCAL LAW NO. 2 - 1988
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL
LAND USE DISTRICT (LIMITED MIXED USE) AT 904-906 EAST SHORE DRIVE FOR
THE TOMPKINS COUNTY CHAMBER OF COMMERCE (as amended by Local Law No. 4 -
1988).
The Zoning Ordinance of the Town of Ithaca as readopted, amended, and revised
effective February 26, 1968, and thereafter further amended, be further amended as follows:
1. Article II, Section 2 of the Town of Ithaca Zoning Ordinance be and hereby is
amended by adding to the permissible districts itemized in said section a district designated as
"Special Land Use District No. 5. "
2. The uses permitted in Special Land Use District No. 5 are:
(a) Any use permitted in a R-15 residence district;
(b) Professional offices for occupancy by non-profit entities (subject to the
further provisions stated herein); and
(c) Visitors information center or tourism center for the area, in either
instance operated by a not -for -profit or municipal entity.
3. Notwithstanding the foregoing, no uses shall be permitted if not pursuant to and
consistent with a unified plan for the Special Land Use District (Limited Mixed Use) as such is
initially approved by the Planning Board and subsequently amended with the approval of the
Planning Board.
4. Any use in this district shall be governed by all of the requirements, including
parking, sideyards, setbacks, building coverage, accessory uses, and similar requirements (except
for permitted occupancies which shall be only as set forth above) relating to an R-15 residence
diS`U A;L.
5. In addition to the requirements and restrictions imposed above there shall be no new
construction in this Special Land Use District unless and until all of the requirements of this
ordinance have been complied with and, in addition, the following requirements to the extent
not required by other provisions of this ordinance:
(a) The exterior design, specifications, and plans for the buildings and other
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improvements to be constructed on the premises and the development of
the grounds and construction of all outside facilities including lighting,
drainage plans, landscaping, signage, and traffic circulation approved by
the New York State Department of Transportation shall have been shown
on a final site plan approved by the Planning Board. Any construction
thereafter shall be in accordance with said site plan as finally approved.
in determining whether or not to approve the site plan, in addition to the
requirements set forth specifically relating to this Special Land Use
District No. 5, the Planning Board may employ the same considerations
it would employ in approving a site plan pursuant to Sections 46 and 78
of this ordinance.
(b) Building permits shall be required for any construction, including
construction of signs, walls, and outdoor lighting facilities. Such permits
shall not be issued until the Planning Board has approved the design and
specifications for any items for which a building permit is sought.
(c) Any construction for which a permit is granted shall comply with all
applicable laws, codes, ordinances, rules and regulations.
6. In addition to the requirements and restrictions set forth above occupancy and use
of the premises shall be further limited as follows:
(a) No building permit shall be issued until a plan shall have been submitted
to the Planning Board and approved by the Planning Board showing
adequate parking and access to be maintained within the district.
(b) Once constructed, any building on the premises shall have no more than
ten persons employed in the building at any one time.
(c) No activities will be conducted in the Special Land Use District between
the hours of 10:30 P.M. and 7:00 A.M.
(d) No activities will be conducted in said Special Land Use District which
will cause disturbing noise, odors, or glare to any adjacent landowners.
7. The area encompassed and rezoned in accordance with this local law to Special Land
Use District No. 5 is described on Schedule A to this local law. The official zoning map of the
Town of Ithaca is hereby amended by adding such district at the location described.
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8. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be affected by such declaration of
invalidity.
9. This law shall take effect 20 days after its adoption or the date it is filed in the
Office of the Secretary of State of the State of New York, whichever is later.
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SCHEDULE A
DESCRIPTION OF ENLARGED SPECIAL LAND USE DISTRICT NO. 5
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County
of Tompkins and State of New York, bounded and described as follows:
COMMENCING at a point in the center line of East Shore Drive, State Route 34, at
or near the northeast corner of premises of the City of Ithaca (Liber 204 of Deeds at page 274)
which premises are known generally as the site of the Ithaca Youth Bureau; running thence
northerly and along the center line of East Shore Drive 60 feet to the southeast comer of lands
reputedly of Leo M. Wells (see 379 Deeds 410); continuing northerly along the center line of
East Shore Drive a distance of 79.5 feet to the northeast corner of said Wells property and also
the southeast corner of other premises reputedly owned by Wells (see Liber 466 of Deeds at
page 230); continuing northerly along the center line of East Shore Drive 117.3 feet to the
northeast corner of said second Wells parcel; running thence southwesterly and along premises
now or formerly reputedly of Signorelli (590 Deeds 1128) a distance of approximately 223 feet
to the east line of premises now or formerly of the Lehigh Valley Railroad Company; thence
southwesterly along the easterly line of said railroad company a distance of approximately 141
feet to a point; thence southerly running along the westerly line of the second Wells parcel
described above; the first Wells parcel described above and the premises now or formerly of
Bowman (see Book 585 of Deeds at page 594) a total distance of 82.8 feet to a point, which
point is the southwest corner of said Bowman parcel; running thence easterly and in part along
the City of Ithaca Youth Bureau site and in total along the southerly line of said Bowman parcel
a total distance of 264 feet to the east line of East Shore Drive; continuing thence in the same
direction a distance of approximately 33 feet to the center line of East Shore Drive at the point
or place of beginning.
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LOCAL LAW NO. 2 - 1989
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL
LAND USE DISTRICT (LIMITED MIXED USE) FOR THE INDIAN CREEK RETIREMENT
COMMUNITY ON TRUMANSBURG ROAD OWNED BY CMH ASSOCIATES
The Zoning Ordinance of the Town of Ithaca as readopted, amended, effective February 26,
1968, and subsequently amended, be further amended as follows:
1. Article 2, Section 1 of the Town of Ithaca Zoning Ordinance be and hereby is
amended by adding to the permissible districts itemized in said section a district designated as
"Special Land Use District No. 6".
2. The uses permitted in this Special Land Use District No. 6 are:
(a) Detached one -family dwellings. One family dwellings may be occupied
by not more than
(i) an individual, or
(ii) a family, or
(iii) a family plus one additional boarder, roomer, lodger or other
occupant, or
(iv) two individuals, boarders, roomers, lodgers or other occupants.
(b) Detached two-family dwellings. Each dwelling unit in the two-family
dwellings may be occupied by not more than
(i) an individual, or
(..) a family, or
(iii) a family plus one additional boarder, roomer, lodger or other
occupant, or
(iv) two individuals, boarders, roomers, lodgers or other occupants.
(c) Attached single-family units aggregated together in one or more buildings
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of up to 80 dwelling units. Each one -family unit in said attached units
may be occupied by
(i) an individual, or
(ii) a family, or
(iii) two individuals, boarders, roomers, lodgers or other occupants.
(d) The attached single-family dwelling units may be condominium units or
other ownership of less than the minimum lot size normally required in
an R-15 zone as may be approved by the Town of Ithaca Planning
Board.
(e) A community facility which may be attached to the attached single-
family units or may be free-standing, not in excess of 7,000 square feet,
to be used for central dining facilities (with serving kitchen), activity
areas, and other related community service space to be made available
principally for the use of the residents of the retirement community.
(f) Permitted accessory uses shall include the following:
(i) off-street garage or parking spaces for the residents of and the
employees working at the Indian Creek Retirement Community.
(ii) accessory buildings such as storage sheds, pavilions, gazebos,
and other similar small buildings provided that no single building
exceeds more than 200 square feet in size and provided further
that the size and location of each such building is approved by the
Planning Board.
(g) Common recreational areas including walkways, parks, community
g-dens, W.- nnrl 0_1 si..... nii4 ow, recreational facilities.
Y V LI 11 J m;1 V \i+A 1 v=^
(h) Any municipal or public utility purpose necessary to the maintenance of
utility services for the Indian Creek Retirement Community.
(i) Signs, as regulated by the Town of Ithaca Sign Law.
3. Any use in this district shall be governed by all of the requirements, including side
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yards, setbacks, building coverage, accessory uses, and similar requirements, of a residence
district R-15, except as the same may be specifically modified by the terms of this local law.
4. In addition to the requirements and restrictions imposed by the Town of Ithaca
Zoning Ordinance, the area being rezoned to Special Land Use District No. 6 shall be subject
to the following conditions:
(a) The exterior design, specifications, and plans for the buildings and other
improvements to be constructed on the premises and the development of
the grounds and construction of all outside facilities including lighting
and signs shall have been shown on a final site plan approved by the
Planning Board, and any construction thereafter shall be in accordance
with said site plan as finally approved. In determining whether or not
to approve the site plan, the Planning Board may employ the same
considerations it would employ in approving a site plan pursuant to
Sections 46 and 78 of the Town of Ithaca Zoning Ordinance.
(b) Building permits shall be required for any construction, including
construction of signs and outdoor lighting facilities. Such permits shall
not be issued until the Planning Board has approved the design and
specifications for such proposed construction.
(c) The primary access roadway from Trumansburg Road leading westward
shall be a double road with a median island for at least the first 1300 feet
of its length and such roadway shall be constructed in accordance with
Town of Ithaca highway specifications, dedicated and deeded to the
Town and accepted by the Town before any certificates of occupancy are
issued.
(d) Such additional portions of the roads in the project shall be constructed
in accordance with Town of Ithaca highway specifications, dedicated and
deeded to the Town, and accepted by the Town as the Planning Board
may, in approving the final site plan, determine.
(e) The Declaration of Condominium, the Certificate of Incorporation of any
homeowners association or similar group, and the bylaws of any such
organization, shall be submitted to the Planning Board for
recommendation and shall be approved by the Town of Ithaca before the
same are filed and adopted.
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(f) There shall be a maximum of 140 dwelling units within the Special Land
Use District of which no more than 80 dwelling units shall be contained
in attached configuration of more than two dwelling units per building,
and no more than 60 dwelling units shall be contained in detached one
and two-family dwelling unit configuration.
(g) There shall be dedicated to the Town of Ithaca as park space a four acre
park site in the easterly portion of the project as shown as the general
plan with the precise metes and bounds to be determined by the final site
plan approval by the Planning Board, such dedication to occur prior to
the issuance of any certificates of occupancy for any of the units on the
property.
(h) There shall be dedicated and conveyed to the Town of Ithaca a 20 foot
strip of land in fee simple substantially along the southerly line of the
Special Land Use District as shown on the general plan, the precise
metes and bounds description to be as finally determined on the final site
plan, said strip of land to be conveyed for trail and other municipal
purposes.
(i) The developer shall reserve and dedicate for open space approximately
six acres of land adjoining the westerly portion of the southerly line of
the Special District boundary, the center line of the six acre strip of land
being the center line of Indian Creek, all as more particularly shown on
the schematic site plan dated November 22, 1988 submitted in support
of the application for rezoning. Said area shall be deeded to the Town
of Ithaca for open space area and municipal purposes before the issuance
of any certificates of occupancy for any dwelling unit within the Special
Land Use District.
(j) All of the dwelling units shall be owner -occupied subject to the
following:
(i) A unit may be occupied by other than the owner as long as the
occupant is related by blood (e.g., father, mother, grandfather,
grandmother, etc.) to the owner.
(ii) A unit may be rented by an owner for no more than a cumulative
period of twelve months within any continuous thirty-six month
period. Permission to rent and/or sublet for a longer period of
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time shall be obtained in writing from the Board of Directors or
other governing body of any homeowners association established
in connection with the community. In no case, however, may a
unit be rented by an owner or owners for more than 24 months
cumulatively in any five-year period.
(iii) Notwithstanding the foregoing, the developer shall be allowed to
rent one or more units for a period not to exceed two years in
each case from the date of issuance of the original certificate of
occupancy for the unit being rented, provided that at no time
may the developer have more than sixteen units rented under this
provision at any one time.
(k) The dwelling units shall be occupied by persons over the age of 54 years
pursuant to rules and regulations contained in bylaws, declarations, or
other regulations approved by the Town Board. Such regulations may
permit temporary occupancy by visitors under the age of 55 years.
(1) Notwithstanding any provisions of the Town of Ithaca Zoning Ordinance
to the contrary, in Special Land Use District No. 6, no building shall be
erected, altered, or extended to exceed 42 feet 6 inches in height from
the lowest interior grade or 40 feet 6 inches in height from the lowest
exterior grade, whichever is lower. No structure other than a building
shall be erected, altered, or extended to exceed 30 feet in height.
(m) Except as specifically provided for herein any construction for which a
permit is granted shall comply with all applicable laws, codes,
ordinances, rules and regulations.
(n) The execution of an agreement mutually acceptable to the developer and
the Town of Ithaca relating to the terms under which
(:) the develor `-ill ^yrovide ,its owi► water service or facility liar
the Indian Creek Retirement Community; and/or
(ii) the developer will construct any sewer and/or water mains that
may be required to provide water and/or sewer service to the
Indian Creek Retirement Community; and/or
(iii) the developer may make contributions to the Town of Ithaca in
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amounts to be mutually agreed upon to permit the Town to
construct or upgrade water supply and/or sewage disposal
facilities necessitated by the construction of the Indian Creek
Retirement Community.
Such agreement to be executed, unless waived by the Town of Ithaca,
prior to the issuance of any building permits for any construction in the
Indian Creek Retirement Community.
5. Any significant revisions to the schematic site plan of November 22, 1988 submitted
to the Town Board shall be submitted to and be approved by the Town Board before issuance
of any building permits. In accordance with the provisions of the Zoning Ordinance a final site
plan shall be submitted to and approved by the Town of Ithaca Planning Board before issuance
of any building permits.
6. The area encompassed and rezoned in accordance with this local law to Special Land
Use District No. 6 is described on Schedule A to this local law. The official zoning map of the
Town of Ithaca is hereby amended by adding such district at the location described.
7. Any violations of the terms of this local law shall constitute a violation of the Town
of Ithaca Zoning Ordinance and shall be punishable as set forth in said ordinance and in Section
268 of the Town Law of the State of New York. Each week's continued violation shall
constitute a separate offense. Notwithstanding the foregoing, the Town reserves for itself, its
agencies and all other persons having an interest, all remedies and rights to enforce the
provisions of this law, including, without limitation, actions for any injunction or other equitable
remedy, or action and damages, in the event the owner of the parcels covered by this law fails
to comply with any of the provisions hereof.
8. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be affected by such declaration of
invalidity.
4. This la i shall take effect 1n days after its publication in the Ithaca Journal.
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SCHEDULE A
DESCRIPTION OF LAND OF INDIAN CREEK RETIREMENT COMMUNITY
REZONED SPECIAL LAND USE DISTRICT NO. 6
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins
County, State of New York, more particularly described as follows: COMMENCING at a point
in the west line of Trumansburg Road which point is at the northeast corner of premises
reputedly owned by Joyce (see deed recorded in the Tompkins County Clerk's Office in Book
602 of Deeds at Page 507); running thence south 66 degrees west along the north line of Joyce
257.1 feet to an iron pin; running thence south 24 degrees 23 minutes east along a west line of
Joyce 457.3 feet to an iron pin; running thence south 69 degrees 4 minutes west along a fence
line 464.0 feet to a pipe; running thence south 81 degrees 28 minutes west along a fence line
531.8 feet to a pipe; running thence south 60 degrees 8 minutes west along the remains of an
old fence line 323.4 feet to a pipe; running thence south 2 degrees 45 minutes east
approximately 50 feet to a point, 100 feet northerly from the center line of Indian Creek;
running thence westerly on a curve parallel to and 100 feet northerly of the center line of Indian
Creek a distance of approximately 1400 feet to a point in the west line of premises shown on
a map entitled "Survey Map Lands of Bruce M. Babcock Located on Trumansburg and Hayts
Roads, Military Lots 40 and 41, Town of Ithaca, Tompkins County, New York" dated May 29,
1987; running thence north 9 degrees 27 minutes east along the west line as shown on said map
approximately 1280 feet to a pipe; running thence south 89 degrees 19 minutes east 1,215.5 feet
to the center line of Trumansburg Road running in part along an old fence and hedge; running
thence on a curve to the left along the center line of Trumansburg Road, said curve having an
arc distance of 302 feet and a chord direction of south 45 degrees 48 minutes east and a chord
distance of 301.8 feet to the point or place of beginning.
The description set forth above is based largely upon the above referenced survey map
of the lands of Bruce M. Babcock, a copy of which map is on file with the Planning Department
of the Town of Ithaca.
( W.. axing VV 66 acres of land, more or less.
vr%n lull
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LOCAL LAW NO. 15 - 1992
A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE
REZONING A PORTION OF LAND ALONG KING ROAD FROM RESIDENCE DISTRICT
R-30 TO RESIDENCE DISTRICT R-15.
The Zoning Ordinance of the Town of Ithaca as adopted, amended and revised effective
February 26, 1968, and subsequently amended, is further amended as follows:
1. The Zoning Map dated July 1, 1954 as readopted by the Town Board as modified
and approved by the Town Board on April 11, 1988 as the same may have been subsequently
amended to date, is hereby further amended by rezoning those lands not already Residence
District R-15 described on Schedule A incorporated into this local law from Residence District
R-30 to Residence District R-15.
2. The area set forth on Schedule A, not already zoned Residence District R-15 is
hereby rezoned from Residence District R-30 to Residence District R-15.
3. In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be affected by such declaration of
invalidity.
4. This law shall take effect upon its publication as required by law.
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SCHEDULE A
DESCRIPTION OF LANDS TO BE ZONED R-15
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County
of Tompkins and State of New York, substantially bounded and described as follows:
COMMENCING at a point which is the intersection of King Road East and Ridgecrest
Road; running thence southerly along the center line of Ridgecrest Road approximately 70 feet
to a point which is intended to be the southeast corner of premises now or formerly of Edward
and Barbara Gregoire (Liber 621 of Deeds at Page 1019 - tax parcel No. 44-2-9.1); running
thence north 85 degrees 56 minutes 31 seconds west along the south line of said Gregoire parcel
passing through an iron pipe near the edge of Ridgecrest Road a distance of 370.74 feet to a
point which point is located north 9 degrees 56 minutes 20 seconds west 2.57 feet from a pipe
and which point is a northeasterly corner of Lot 16 as shown on a map entitled "Final Plat of
Chase Farm Subdivision - Phase I" made by George Schlecht, P.E., dated 1/9/1989, approved
by the Tompkins County Health Department on February 16, 1989, approved by the Town of
Ithaca Planning Board on October 18, 1988; continuing on the same course along a northerly
line of Lots 16 and 15 as shown on said Chase Farm Plat a distance of 159.95 feet to a point
marking the northwest corner of Lot 15; continuing in the same course and passing through Lots
14, 13 and 12 a distance of 325.54 feet along the south line of former tax parcels numbered 44-
2-9.3 and 9.2 (such former parcels being shown on the 1988 Town of Ithaca tax maps); running
thence south 6 degrees 4 minutes 23 seconds west a distance of 725.81 feet which line runs
along the easterly line of former tax parcel No. 44-2-9.2 to a point which is reputedly the
northeast corner of premises of Tessa Sage Flores (Liber 617 of Deeds at Page 440 - tax parcel
No. 45-1-1.2); running thence north 83 degrees 19 minutes 59 seconds west along the south line
of lots 39, 38, and 37 as shown on said Chase subdivision plat a distance of 416.57 feet to a
point, which point is the southeast corner of premises reputedly owned by Richard and Ann
Newhart (Liber 229 of Deeds at Page 403 - tax parcel No. 44-2-8.2); running thence northerly
along the westerly line of said Chase Farm Subdivision being the westerly line of lots 37, 36,
35, 30, 29, 28, 27, 26, and 1 as shown on said Chase Farm subdivision plat a total distance of
approximately 1465 feet to the center line of King Road East; running thence southeasterly along
the center line of King Road East and parallel to the northerly line of Lots 1 through 9 a distance
of approximately 1,005 feet to a point in the center line of King Road East north 4 degrees 44
minutes 39 seconds east from the northeast corner of Lot 9 as shown on said Chase Farm
subdivision plat; continuing southeasterly along the center line of King Road East a distance of
approximately 395 feet to the point or place of beginning.
It is the intention to describe and to rezone to Residence District R-15 those tax parcels
shown as tax parcels 44-2-9.1, tax parcel 44-2-9.2, and tax parcel 44-2-9.3 as shown on the
1988 tax maps for the Town of Ithaca.
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LOCAL LAW NO. 22 - 1992
A LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO
REZONE THE FORMER CHASE POND PREMISES ON KING ROAD EAST FROM
MULTIPLE RESIDENCE DISTRICT TO RESIDENCE DISTRICTS R15 AND R30.
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. The Zoning Ordinance of the Town of Ithaca as readopted, amended and
revised effective February 26, 1968 and subsequently amended, be and the same is further
amended to read as follows:
1. The area described on Schedule A annexed hereto is hereby rezoned from Multiple
Residence District to Residence District R30.
2. The area described on Schedule B annexed hereto is hereby rezoned from Multiple
Residence District to Residence District R15.
The official zoning map of the Town of Ithaca is hereby amended to show the rezoning
of the premises described on the attached schedules at the locations described.
Section 2. The invalidity of any section or provision of this local law shall not
invalidate any other section or provision thereof.
Section 3. This law shall take effect upon its publication as required by law.
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SCHEDULE A
AREA TO BE REZONED R30
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins
County, New York, being more particularly described as follows:
Commencing at a point in the north line of King Road East which point is the most
westerly corner of the premises described in Schedule B and which point is located
approximately 180 feet northwesterly along the north line of King Road East from its
intersection with the westerly line of Chase Lane extended to the north across King Road East;
running thence north 52 degrees 48 minutes 11 degrees east along the premises described on
Schedule B a distance of 474.34 feet to a point; running thence north 29 degrees 45 minutes 50
seconds east also along premises described in Schedule B a total distance of 264.28 feet to a
point, which point is in a southwesterly line of premises known as Deer Run Subdivision Phase
III-B and Marcy Court; running thence north 23 degrees 2 minutes 48 seconds west along the
Deer Run Subdivision a distance of 93.83 feet to a point; continuing along the Deer Run
Subdivision north 48 degrees 51 minutes 30 seconds west 224.77 feet to a point; continuing
further along the Deer Run Subdivision north 53 degrees 51 minutes 43 seconds west a distance
of 163.57 feet to a point; continuing further along the Deer Run Subdivision north 16 degrees
57 minutes 58 seconds west a distance of 95.83 feet to a point in the southerly line of premises
reputedly owned by Cornell University; running thence south 85 degrees 52 minutes 4 seconds
west along the Cornell University property 177.1 feet to a point; running thence south 34
degrees 14 minutes 6 seconds west along premises reputedly owned by Cornell University a
distance of 746.80 feet to a point in the north line of King Road East; running thence south 55
degrees 45 minutes 55 seconds east along the north line of King Road East a distance of 549.71
feet to the point or place of beginning.
It is the intention to describe the premises shown as Parcel A on the map entitled
"Preliminary Plan of the Subdivision of Chase Pond" made by George Schlecht, P.E., dated 8-
24-1992, a copy of which is on file with the Town Planning Department of the Town of Ithaca.
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SCHEDULE B
AREA TO BE REZONED R15
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins
County, New York, being more particularly described as follows:
Commencing at a point in the northerly line of East King Road which point is at a
southwest corner of premises reputedly owned by Bill J. Manos (Liber 593, Page 989) and
which point of beginning is approximately 664.46 feet southeasterly along the north line of King
Road East from its intersection with the easterly line of Chase Lane extended northerly across
East King Road; running thence north 49 degrees 27 minutes 27 seconds east along the west line
of Manos a distance of 492.04 feet to a point; running thence north 67 degrees 48 minutes 33
seconds west 121.82 feet to a point; running thence north 39 degrees 37 minutes 9 seconds west
along the south line of Deer Run Subdivision, Phase III-B and Marcy Court a distance of
approximately 703 feet to a point; running thence north 23 degrees 2 minutes 48 seconds west
approximately 124 feet to a point; running thence south 29 degrees 45 minutes 50 seconds west
264.28 feet to a point; running thence south 52 degrees 48 minutes 11 seconds west 474.34 feet
to a point in the north line of King Road East; running thence south 55 degrees 45 minutes 55
seconds east along the north line of King Road East a distance of 904.46 feet to the point or
place of beginning.
The foregoing premises are shown as Parcel B on a map entitled "Preliminary Plan of
the Subdivision of Chase Pond" made by George Schlecht, P.E. dated 8-24-1992, a copy of
which is on file with the Town of Ithaca Planning Department.
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