HomeMy WebLinkAboutLL 14 of 2014 Greenways Amend Eastwood CommonsAndrew M. Cuomo
Governor
State OF New York
Department of State
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231-0001
Cesar A. Perales
Secretary of State
Debra DeAugistine
Deputy Town Clerk
215 N Tioga Street
Ithaca NY 14850
August 28, 2014
RE: Town of Ithaca, Local Law 14 2014, filed on August 21, 2014
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.nv.aov.
Sincerely,
State Records and Law Bureau
(518)474-2755
VVWW.DOS.NY.GOV E-mail: info(§dos.ny.gov
Local Law Filing
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231-0001
www.dos.state.ny.us/corps
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
□County GCity GTown GVillage
(Select one:)
of Ithaca
Local Law No. 14 of the year 2014
A local law ^ Amending the Zoning Requirements for the Greenways Development
(Insert Title)
in the Eastwood Commons Multiple Residence Zone
Be it enacted by the Town Board of the
(Name of Legislative Body)
□County GCity GTown GVillage
(Select one:)
of Ithaca as follows:
See attached.
(if additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-0239-f-l (Rev. 06/12)Page 2 of 4
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not appiicabie.)
! 1
1. (Final adoption by local iegislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20ji of
the (County)(Clty)(Town)(Vlllage) of Ithaca y^as duly passed by the
Town Board on August 11 20 In accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(Clty)(Town)(Vlllage) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20| I I, In accordance w Ith the applicable provisions of law.
3. (Final adoption by referendum.)
i hereby certify that the local law annexed hereto, designated as local law No. of 20„ of
the (County)(Clty)(Town)(Vlllage) of was duly passed by the
on 20 . and was (approved)(not approved),^^
(Name of Legislative Body) |
(repassed after disapproval) by the on 20 . '
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permlsslve) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(speclal)(annual) election held on
20 , In accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(Clty)(Town)(Vlllage) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or inciuides the chief executive officer of a county elected on a county-wide basis or, if there
be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
DOS-0239-f-l (Rev. 06/12) Page 3 of 4
^^5. (City local law concerning Charter revision proposed by petition.)
1 hereby certify that the local law annexed hereto, designated as local law No — oi
he CItv of having been submitted to referendum pursuant to the provisions of section (36)p7) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (speclal)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No ——— -7—,
the County of State of New York, having been submitted to the electors at the General Election of
November - 20 pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the orlglnal^ile in this office and that the same is acorrect transcript therefrom and of the whole of such original local law, an^jf^fija^adopted in the manner indicated in
paragraph j , above.
JSeal)
Clerkof the counl^eglslative body, City, Town or Village Clerk or
officer designated by locafi legislative body
Date:
Page 4 of 4
DOS-0239-f-l (Rev. 06/12)
Adopted August 11, 2014 1
TOWN OF ITHACA
LOCAL LAW NO. 14 OF THE YEAR 2014
A LOCAL LAW AMENDING THE ZONING REQUIREMENTS FOR THE
GREENWAYS DEVELOPMENT IN THE EASTWOOD COMMONS MULTIPLE
RESIDENCE ZONE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. The resolution of the Ithaca Town Board, dated February 26, 1973, titled
“Resolution Establishing Multiple Residence District and a Cluster Development Therein on
Property of Schickel Environmental Development Company on Honness Lane, Town of
Ithaca, New York”, as amended by Local Law No. 4 of the Year 1987, titled “A Local Law
Amending the Zoning Ordinance Requirements for the Eastwood Commons Multiple
Residence Zone”, is amended as follows:
A. Add the following two sentences to the end of the first paragraph in Section 4:
“The conditions in Sections 4.A, 4.B, and 4.D-F shall apply to all of the property
described in Schedule A except Tax Parcel 60.1-1-46.22 (±5.55 acres) and the
southern terminus of Strawberry Hill Circle that is included within the proposed
Greenways subdivision, as shown on a map entitled “PRELIMINARY
SUBDIVISION PLAT ITHACA NEIGHBORHOOD HOUSING SERVICES
GREENWAYS LOCATED ON EASTWOOD AVENUE, AND STRAWBERRY
HILL CIRCLE TOWN & CITY OF ITHACA, TOMPKINS COUNTY, NEW
YORK”, dated 7/10/2014, by T.G. Miller P.C. Engineers and Surveyors. Tax
Parcel 60.1-1-46.22 and the aforementioned southern terminus of Strawberry Hill
Circle are bounded and described in Schedule B (annexed hereto) and are
hereafter referred to as the ‘Greenways Parcels’; the remainder of the property
described in Schedule A (which remainder does not include the Greenways
Parcels) is hereafter referred to as the ‘Eastwood Commons Parcels’.”
B. In Section 4.A(1), change the phrase “The permitted use in this multiple residence
district is limited to 176 dwelling units” to “The permitted use on the Eastwood
Commons Parcels is limited to 100 dwelling units”.
C. Revise the first paragraph in Section 6 to read as follows:
“It is determined that the number of dwelling units permitted on the Eastwood
Commons Parcels shall not exceed 100 in number, and the Eastwood Commons
Parcels shall be subject further to the following requirements:”
D. In Section 6(c), replace the phrase “in this zone” with “on the Eastwood
Commons Parcels”.
E. Add the phrase “On the Eastwood Commons Parcels” to the beginning of Section
7, so that it reads:
Adopted August 11, 2014 2
“On the Eastwood Commons Parcels, it is understood that the Eastwood
Commons development shall be constructed in accordance with the following
phases:”
F. After Schedule A, add Schedule B reading as follows:
“SCHEDULE B
ALL THOSE TRACTS OR PARCELS OF LAND, situate in the Town of Ithaca,
County of Tompkins and State of New York, being bounded and described as
follows:
BEGINNING at a pin found at the intersection of the north and east line of
Strawberry Hill Circle;
Thence N 53°23'24" W for a distance of 234.31 feet to a pin found;
Thence S 62º11’41” W for a distance of 55.53 feet to a pin found;
Thence S 87°58'20" W for a distance of 159.00 feet to a pin found;
Thence N 02°01'40" W for a distance of 781.12 feet to a point in the centerline of
a creek on the corporation line between the Town of Ithaca and the City of Ithaca;
Thence southeasterly and easterly along the centerline of said creek for a distance
of 302’± to a point. Said course having two chords of S 44°37’36” E, 72.67 feet
and N 74°07’24” E, 206.57 feet;
Thence S 01°52'02" E passing through a pin found at 32.36 feet for a total
distance of 145.01 feet to a point which lies 0.7 feet northerly of a pipe found;
Thence S 72°10'57" W for a distance of 14.97 feet to a pin found;
Thence S 17°49'03" E for a distance of 140.00 feet to a pin found;
Thence N 72°10'56" E for a distance of 15.00 feet to a pin found;
Thence S 17°49'03" E for a distance of 50.00 feet to a pin found;
Thence S 72°16'12" W for a distance of 65.08 feet to a pin found;
Thence S 27°20'34" E for a distance of 557.96 feet to a nail found in the north
line of Strawberry Hill Circle;
Thence S 57°47'46" W along the north line of Strawberry Hill Circle for a
distance of 98.30 feet to the Point of Beginning;
Said parcels containing 5.55 Acres of land plus the southern terminus of
Strawberry Hill Circle as shown on a map entitled “PRELIMINARY
SUBDIVISION PLAT ITHACA NEIGHBORHOOD HOUSING SERVICES
GREENWAYS LOCATED ON EASTWOOD AVENUE, AND STRAWBERRY
HILL CIRCLE TOWN & CITY OF ITHACA, TOMPKINS COUNTY, NEW
YORK”, dated 7/10/2014, by T.G. Miller P.C. Engineers and Surveyors, that is
on file with the Town of Ithaca Town Clerk’s Office.
Section 2. 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.
Section 3. This local law shall take effect immediately upon its filing with the New
York Secretary of State.