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The hottest issue at Wednesday's Town Board meeting wasn't even on the agenda.  But after Planning Board members went public with objections to a draft of proposed zoning ordinance changes in an Ithaca Journal article, nearly every seat in the meeting room was filled.  Town Supervisor Scott Pinney started the meeting with a prepared statement in which he chastised Planning Board members for disseminating inaccurate information and bypassing a professional process of developing the ordinance.  "Unfortunately these efforts were mistimed and misplaced and the information so conveyed is simply wrong," Pinney said.


Pinney went on to explain that the document the Planning Board responded to is a first draft, and that after a joint meeting with the Planning Board and Zoning Board of Appeals (ZBA) the Town Board is crafting a second draft to address their and public concerns.  "The Town Board considered those concerns and has substantially changed the first draft," Pinney said.  "Thus the information that was disseminated by the Planning Board was misleading and wrong.  These changes should also show you, contrary to rumor and the recent spate of advertisements and emails, that the Town Board is listening to comments and concerns and taking them quite seriously."

Pinney went on to say that public information sessions are being planned for Saturdays when the most public is able to attend, as well as public hearings and more redrafting of the ordinance.  "Please understand that the amendment of a zoning ordinance is a process," he said.  "While I do not know how many drafts may be generated to address concerns and objections by the public and others, the Town, contrary to public fears and rumors, is proceeding rather slowly."

Pinney asked that the public hold comments until the new draft is ready.  But he recognized Jim Eyster, a retired Cornell real estate professor who initiated an email exchange alerting people to the proposed business uses in residential neighborhoods.  Eyster read a prepared statement.  He praised the zoning ordinance that was put in place four years ago, but objected to allowed business uses proposed for residential zones in the town.

"To me, it is mind-boggling that the Board would even consider such a proposal," he said.  "The results would be: (1) denigration of the peace and integrity of our residential neighborhoods: (2) continual uncertainty by residents about the incursion of commercial and business developments into their communities; (3) a decrease in property values since present protections are erased; and (4) almost certain lawsuits brought against the Town and its Board members since the proposed re-zoning changes are so far out of line with well-established, accepted re-zoning practices."


Eyster proposed joint Town and Planning Board meetings, asked that the Town promote business in designated business districts, and that both boards solicit public comment before endorsing a change, an approach almost identical to that Pinney said is in progress.

"I would encourage you to pay attention to the planning board minutes of April 23rd, which was the joint meeting of the Town Board and the Planning Board," said Planning Board member Nancy Longto.  "It was there that we raised many questions and concerns and were not responded to.  We've asked numerous times for some clarification and understanding.  So if we were preemptive and too early I apologize.  I hope that the eventual outcome is more public participation, which is where we were trying to go."

But Pinney said that the newspaper article was inappropriate because the input from the joint meeting was being considered by the Town Board and the proposal was being changed.  He said that he had not been contacted beforehand, and although Longto said that Councilman Matt Besemer had been contacted the night before the article was printed, Pinney insisted going public in that fashion was inappropriate.

"We were not aware of any changes and we were waiting to hear back," Longto said.  "We had not heard anything and we had further experience of the subdivision rules and regulations moving forward at a very fast pace and we were concerned that would be replicated in this case."

That speaks to the unfortunate history of mistrust and the complete breakdown of communication between the two boards.  At the joint meeting Pinney told planning board members that Town Board members would need time to meet as a board before responding.  He also explained at that meeting that the subdivision rules were changed quickly because it had been discovered that the Planning Department had been applying them incorrectly.  He said that the Town Board acted quickly in that case to change the rules to match the intent and long-standing practice.

Changes to the zoning ordinance were proposed as a solution to a perceived business-unfriendly process currently enacted in the town.  While over a hundred changes to the current ordinance were considered, the two most controversial proposed using a checklist rather than a full Planning Board review for simple project proposals, plus a number of new allowed business uses in residential areas of the town.

The proposal has gotten a lot of attention.  The Village of Lansing Planning Board included the proposed town changes on their agenda in their last meeting, and Village Trustee John O'Neill attended the town meeting to hear for himself what the Town is planning.  Concern expressed in email is acute, and was enough to fill the Town Hall Wednesday. 

Pinney estimated that a new draft will be ready for review by the June 18th Town Board meeting.

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