HomeMy WebLinkAbout1994-08-15 - PB TOWN OF ULYSSES
PLANNING BOARD MEETING
AUGUST 15 , 1994
TOWN HALL
PRESENT : CHAIRMAN : DAVID TYLER ; MEMBERS : DRYS GAIL , DAN SMITH ,
BUDD STOVER ; SECRETARY : ROANNE SMITH
The meeting came to order at 7 : 30 PM .
ACCESSORY APARTMENT DLFINITION
The Chairman asked how an accessory apartment was defined . The
legal square footage of a house is 750 square feet . The " Elder Cottage "
would only be allowed with a Special Permit . They are not permanent .
D rys pointed out that an owner occupied duplex that has an accessory
dwelling that is 60 in size of the main dwelling could exist in R1 - B .
In Rl - A , the accessory dwelling can be up to 401 of the primary dwelling
in size and not be owner occupied .
CONTINUING REVISIONS TO ZONING ORDINANCE
The Members reviewed their changes . On pack one ( under Section I
Area Variance ) the fist paragraph , the last word in the paragraph will
change from " appellant " to " applicant " .
On the third page , under Article Ut , in R1 - A , " ( lot up to 2 acres ) "
will be changed to " ( minimum lot size as defined in Article V , Section 14 " .
The next sentence will state " For an accessory apartment contained within
t he primary structure ( or outbuilding apartment ) the floor space shall
n ot exceed 404 of the total floor space of the primary dwelling . "
" Yard setbacks shall apply to all Rl - A uses as to parking areas , except
for 1 or 2 family dwellings . " will be moved to below the first para -
graph under Height and Setback . " as to in the above statement will be
changed to " including " .
In Ri - h , " an accessory apartment contained within the primary
structure ( or outbuilding apartment ) " will be added after the word
" For " ( second sentence ) , and before " the floor space shall not exceed
In R3 , the Members added " lot size , lot coverage " after " refer, to " .
On the next to last page , under " Section 3 Residence Districts
( R3 ) " , " Everything „ will he changed to " Any use permitted .
MINUTES Or JULY 211 1994
The Members made some corrections and additions to the minutes
o f July 25 , 1994 . They are as follows ; the first page , the second
paragraph , in the parenthesis , the name " Tom Bennett " has been deleted
and replaced with " a Village Planning Board Member " . The Members added
0 " who graciously consented to serve " after " Toys Call " in the same
parenthesis . In the fourth paragraph ( first page ) , first sentence ,
the word " had " has been added after the word forum . In that same
paragraph , the last sentence , the period has been deleted and the
following added : " for the business community . David urged the group
be a small one to facilitate fully attended meetings . "
After passing the minutes it was stated that Paul Odell will be
t he Village representative on the Ad Hoc Committee . He is also e member
o f the Tillage Planning Board . Frys stated she will contact Larry
Thompson ( Ulysses Square ) and inform him that she will be the Town ' s
representative to the Committee . If he has concerns she will be his
liaison . •
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TOWN or ULYSSES 2
P LANNING BOARD MEETING
AUGUST 15 , 1994
TOWN FUILL
COVER LETTER TO THE TOWN BOARD
The Members worked up a Letter, to submit to the Town with the
proposed changes to the Zoning Ordinance .
SUPREME COURT DECISION / SPECIAL PERMIT
David mentioned a case that had come up for discussion in an
0 earlier meeting . The Supreme Court shot down a blanket requirement
t hat landowners dedicate land to municipalities . The Supreme Court
sent it back down to Oregon ( where the case originated ) saying there
must be proportionalities to the impact created by the development .
The municipality in Oregon had not articulated a reasonable relation -
ship . It will change the war things are done , but not the general
methodology . David stated he thinks it is good , because there has
been a lot of abuses . It will create a lot of litigation ( " fodder
for lawyers " ) . Dan stated that this decision will affect agriculture .
David also wanted to mention another item that came across his
d esk , of special interest . He commented how the Planning Board has
struggled with the Special Permit process . He then proceeded to
quote from an article the following ;
" Ordinance permitting cabaret . A Special Permit use entitles
B oard of Zoning Appeals to impose reasonable conditions , but not to
bar cabaret altogether . "
if you ' re saying something can be done by Special Permit , you ' re
saying it can be done . The only way it can be denied is if they
don ' t accept reasonable conditions . Some people think that Special
P ermit means we don ' t have to gave it . That ' s not really true .
E ven though we ' ve tried to word it as toughly as possible , it almost
means it will be granted but with conditions .
NEXT MEETING
The next Planning Board Meeting will be September 19 , / 994 .
The meeting adjourned at 9 : 10 PM .
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