HomeMy WebLinkAbout2002-02-07 - TB \ g
TOWN OF ULYSSES
JOINT MEETING — DRAFT ZONING ORDINANCE
TOWN BOARD & PLANNING BOARD
February 7, 2002
MINUTES
Town Board Members Present: Doug Austic (Supervisor), Carolyn Duddleston, Lee Scott,
Robert Weatherby. Absent: Sue Poelvoorde (excused) .
Planning Board Members Present: Richard Geiger, Lorren Hammond (Acting Chair), George
Kennedy, Rose Hilbert, Mark Ochs, David Tyler. Also, Eileen Jacobs, planning board clerk.
Absent: Paula Horrigan (unexcused) .
Others Present: Alex Rachun, Code Enforcement Officer; Bruce Wilson, Town Attorney; George
Frantz, Planning Consultant, and members of the public.
Town Supervisor Austic called the meeting to order at 7 : 30 PM. He explained that the purpose
of this meeting was for the two boards to ask questions regarding the draft zoning ordinance
revisions which was drafted by Mr. George Frantz, whom the Town had contracted for this
project. In response to a question regarding guidance, Mr . Frantz responded that his goals and
overall guidance in preparing the zoning ordinance came from the Town of Ulysses
Comprehensive Plan. He was also guided by what he perceived as the desire of the Town and its
residents to retain its rural character and agricultural community. Other considerations included
providing economic opportunity for Town residents while preserving and revitalizing the Village
of Trumansburg and the Hamlet of Jacksonville. He said that protecting scenic character of the
Town was also critical.
It was agreed that this body would go through each section of the draft zoning document, and ask
questions, make comments and suggest changes. Summary notes concerning specific items are
listed below.
Article II — Application
Section 2 . 1 Conformance. Comment that the use of the word "changed" seemed vague .
Explanation: As defined in the Building Code, this term refers to "altered beyond regular
maintenance." This clarification will be added into the zoning ordinance.
Section 2 . 3 Enforcement. Question regarding enforcement tools— what constitutes enforcement?
Explanation: Town law details violations and penalties. It was agreed that Section 2 . 11
(Violations and Penalties) would be moved into Section 2 . 3 and expanded per section 268 of
Town Law. It was suggested that a minimum fine be stated in the ordinance in addition to a time
frame in which violations must be corrected or pay a fine . More research will be done regarding
this item.
Section 2 . 5 Fees for Permits. Comment - Add "request for variances" in first sentence.
Discussion: Actual fees schedules are kept separately with Town Clerk rather than being
incorporated into the official zoning ordinance so that fees can be adjusted as deemed necessary
without having to adopt a new ordinance . Question — Could proposed language be included to
charge back applicants when experts are hired in the review process? Discussion: The Planning
Board could request approval from the Town Board to retain a consultant if necessary, and
possibly require a deposit in addition to application fee from the applicant (similar to provisions
in the Tower Qrclinnee) This will be .investigated further.
Section 2 . 6 Building Code Conformance . Comment new State regulations are forthcoming.
Section 2 . 8 Certificate of Compliance. Discussion regarding building code compliance with
zoning ordinance. Open building permits are a problem.
Section 2 . 9 Establishment of Districts. Comment — may need to add more districts.
Section 2 . 10 District Boundaries. Question — are boundaries always approximately on a lot line
rather than some set distance . Explanation : Yes, this is standard practice .
Joint Meeting Minutes of 2/07/02 -2- ' \
Section 2 . 14 When Effective. Comment — add language to express that this ordinance shall
supersede all prior ordinances as of the date of adoption.
Article IV — Al Agricultural District :
Section 4 .2 Right to Farm. Question regarding what determines "proper use" of agricultural
chemicals. Explanation: Proper use of chemicals is regulated by both DEC and Agriculture &
Markets (licenses are required).
Section 4. 3 Permitted Uses. Comment - "Kennel" should be moved to "Uses Allowed by
Special Permit. " Comment regarding roadside stands for retail sale of "other" items.
Explanation: Items to be sold are limited those which are produced on the premises. Discussion:
Limit to produce, baked goods and craft items (hand crafts); add definition for hand crafts.
[Article XIV — Design Standards
14. 11 Miscellaneous Land Development Standards. 14 . 11 . 1 Roadside stands. Comments --
include definition, size of stand, all-weather surface definition (crushed stone)]
Comment regarding single- or two-family residences on a lot. Discussion: This should be
limited to one single- family or duplex per lot . There should be a provision for farm labor
housing allowed on the property subject to regulations (e. g. behind primary dwelling). Create a
section for agriculture farm worker housing.
4.4 Permitted Accessory Uses. Question regarding public display of items related to the
occupation. Discussion to delete exclusion of public displays, and simply state "Customary
home occupations conducted solely by residents of the dwelling." (delete remainder of sentence) .
Comment — Add a use called "Family Adult Care". Definition similar to family child care .
Comment - Free-standing or roof-mounted satellite dish could (anal should) be reduced.
Discussion to decrease size of satellite dishes from 15 feet to 6 feet in diameter.
4. 5 Uses Permitted by Special Permit. Question regarding allowing churches and schools in
agriculture district . Explanation: According to State law churches and educational institutions
cannot be prohibited in any zoning district.
Extractive industry (gravel grinding) . Question and discussion whether this use could be
excluded in all zoning districts if it is allowed in contiguous townships.
Definitions
Agriculture — Question whether the reference to "packing" could include meat packing.
Explanation: Reference is to the necessary accessory uses for packing, treating or storing, etc.
Agricultural commerce — Question regarding retail enterprise. Explanation: Recognition that the
contemporary American farm needs other revenue sources, its use subject to site plan approval.
Bed and breakfast inn — Comment that NY State definition should be used.
It was agreed to meet again on Tuesday, February 19, 2002 at 7 : 00 p.m. in Town Hall.
Meeting was adjourned at 10 : 00 p. m.
Respectfully submitted,