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HomeMy WebLinkAbout2003-03-05 - PH ULYSSES PLANNING BOARD PUBLIC HEARING March 5 , 2003 Present : Chairman Richard Coogan , Planning Board Members Rose Hilbert, Mark Ochs, David Tyler, and Rod Porter. George Kennedy and Lorren Hammond absent (U) ; Alex Rachun Code Enforcement Officer; Marsha L. Georgia, Town Clerk. Others Present : Mike Addicott, Representative Trumansburg Golf Course; Brien Colgan, Ithaca Journal Reporter; Tim Maguire, John Emrick , and Thais Puterbaugh. Chairman Coogan called the meeting to order at 7 : 35 PM . Mr. Addicott has provided the Board with additional information with drawings off the layout of parking, the drainage/runoff, lighting and a plot plan of the entire course . Mr. Coogan asked Mr. Addicott from Trumansburg Golf and Recreation Association to outline his purposed project. Mr. Addicott stated the project is for a 30 ' x90 ' pole barn building situated behind the Keith ' s property (Tax Parcel # 12- 1 - 1 . 3 ) . It will be 300 ' from Penn . Ave. and 40 ' from the Maguire ' s property line ( 12- 1 -4 . 13 ) . The doors are going to be facing east, for weather reasons and for protection of golf balls from the West. The building is going to be around 15 ' high. The traffic situation will be anywhere from one to ten cars in the morning and they will be leaving anytime during the day or evening. That includes 4, 5 , & 6 am, some big trucks coming in a couple of times a year. There will be increased noise with the start up of up to ten lawn mowers early morning. The lighting concern : will have three big bay doors and lights will be situated above them . They will be just turned on by a switch inside the building. There will be a motion sensor on the light at the corner of the building which will be the southeast side and will be a low light to light the keyed door or when someone walks under the door it will come on. Unless there is some vandalism problem they are not going to keep the lights on at all times . All the lights will be directed downwards . The watt for lights on the corner of the building and every other light will be 100 watts . The plan for the exterior of the building is for it to be cream/tan color building with a green roof, material will be sheet metal for roof and walls, and the doors . The North side of building has trees . The East side is an embankment between the building and the Keith ' s house they plan on planting pine trees, probably white pine . On the Maguire side they do not have any plans on planting anything but low growing vegetation could be planted . A discussed about different types of vegetation took place. The board discussed the placement of lighting and windows in the building. Mr. Addicott assured the board the chemicals would remain stored in the building off of Halsey St where they are currently stored now. There will be above ground fuel tanks at the new location . Mr. Tyler moved to resume the Public Hearing from February 5 , 2003 , seconded by Ms . Hilbert. Unanimously approved, Public Hearing opened at 7 : 45 PM. Chairman Coogan read the legal advertisement into record and asked to hear public comments . Tim Maguire residing at 320 Penn . Ave . addressed the board. His property is within 40 ' of this purposed building . Mr. Maguire asked if he could ask Mr. Addicott some questions on clarification of the traffic from Penn. Ave . and the placement of windows in the building. Mr. Addicott stated no windows on the east side because it would be where golf balls would be coming from, but maybe one on the north end of the building Mr. Maguire asked if anything smaller had been considered, like a 60 ' building. Mr. Addicott stated originally they wanted a 130 ' building, but they didn ' t have the room . Planning Board / Public Hearing 2 3/5/2003 After lying out all of the equipment this is the smallest they could go with . Mr. Maguire asked if the building on Halsey Street would be destroyed. It was stated it would not be . They are going to use that for cart storage . Mr. Maguire ' s complaint is the building is 40 ' from his properly line. He would prefer that it be further away. His total lot size is about 15 acres . His house is approximately 300 ' from this purposed building, but his hopes for the future is to build another house in the direction of their purposed building. Mr. Maguire feels if that house were there now this would be looked at differently. He is grateful for the height of the building. Mr. Maguire comments it is true it ' s very difficult to fit a large building into a residential area and the increased traffic in and out will be noticeable especially at 4 o ' clock in the morning. In the summer when you sleep with windows open the mowers are going but they are not next door all starting up and he has a problem with this . Also it has been stated one to ten staff people will be arriving at this early hour, not sure when the sanitation trucks will be coming or when the tractor-trailer trucks will be making deliveries but the added traffic and noise not only for him but the other residents on Penn. Ave. and even Larchmont could be detriment to property values . Also the floodlights on the building would be facing his property. He can understand i:he problem that the Golf Course has but he would like to see it further away. Mr. Maguire states he is not a golfer but he does go to a lot of Golf Courses in his travels and most maintenance buildings are not seen. He does not think this is a real asset for the people on Penn. Ave . Mr. Tyler reviewed the drawings with Mr. Maguire asking about vegetation, where his house sits and where he is thinking about new construction. Mr. Porter asked what type of vegetation is along the driveway going to this building and Mr. Maguire ' s property. Mr. Maguire pointed out that most of the trees along the drive are on his property and there are not that many. Hearing no other comments from the public Ms . Hilbert moved, seconded by Mr. Porter to close the public hearing and re-open the meeting for discussion. The discussion resumed on vegetation. Mr. Porter feels if Mr. Maguire chooses to cut down any of his trees it should remain some responsibility on the Golf Course to maintain some buffer along the property line. The board discussed many different aspects of the building and the layout . Mr. Coogan pointed out part of the property line issue would be with the BZA. They will have to rule on the issue . The Planning Board can recommend and can pass on Mr. Maguire ' s concerns but is not part of Site Plan Review . Ms. Hilbert think the Planning Board could, not that they would, not pass this because of public concern about it being to close to the property line . Mr. Tyler thinks that would be beyond their jurisdiction. Can recommend it to the BZA not to pass it, but it is their decision not the Planning Boards . Mr. Rachun stated the Planning Board couldn ' t act on something they do not have the authority to act on. The Planning Board is reviewing Site Plan and addressing lighting, noise, traffic and anything under the Site Plan Ordinance . Mr. Tyler stated that it could be approved subject to concerns . Mr. Rachun stated the BZA is acting on an area variance . The Planning Board can act on the use . Because this building is close to the property line you can act on the noise issue, the lighting issue, but you cannot act on the area. This is an allowable use this property is zoned for this use . Mr. Addicott stated he would like to address Mr. Maguire ' s concerns and commented that he does not have any alternatives on the location of the building; the lighting is Planning Board / Public Hearing 3 3/5/2003 something that can be remedied, not sure at this time how . The sanitation trucks coming in would be around noontime and the early morning arrivals would be personal vehicles of the workers . The board discussed conditions . Mr. Tyler moved, seconded by Mr. Porter the following, WHEREAS, the Planning Board of the Town of Ulysses is in receipt of an application for Site Plan Review for the Trumansburg Golf and Recreation Association located on Tax Parcel # 12 . - 1 - 1 . 2 for the construction of a 30 ' x 90 ' enclosed barn stnzcture that will serve as a maintenance shop and equipment facility and, WHEREAS, the Tompkins County Planning Department reviewed 6239- 1 and-m of the New York State General Municipal Law and determined the project has no negative inter-community, or county-wide impacts and WHEREAS, the Trumansburg Golf Course submitted SEQR Short Environmental Assessment Form and was determined to be a Type II and, WHEREAS, notice was given to adjoining neighbors within 300 ' and published in the newspaper where a public hearing would be held and said hearing was held February 5th, 2003 and adjourned to March 5th, 2003 where all were heard that wanted to be heard and, NOW THEREFORE BE IT RESOLVED that the Planning Board of the Town of Ulysses approves the Site Plan Application for the construction of a 30 ' x 90 ' maintenance shop and equipment storage facility for the Trumansburg Golf and Recreation Association with the following conditions : 1 . Vegetative buffers of dense evergreen 10 to 20 feet high will be planted to shield the Keith ' s property, Tax Parcel 412 . - 1 - 1 . 3 . 2 . Lighting to be on motion detectors . Lights for the doors are to be baffled so the light shines down and on the building, Security flood lights , 120 watts maximum, should be at a downward angle so the light does not shine towards the other properties . 3 . A six (6) foot, full screen , wooden fence is to be erected from the beginning of the parking area to the rear of the building along the Maguire ' s property line, Tax Parcel # 12 . - 1 -4 . 13 , to deflect noise and prevent lights of vehicles parking from shining of the Maguire house . 4 . The Planning Board requests the Zoning Board of Appeals carefully review the setback request for the variance. Mr. Maguire is unable to attend the BZA meeting for the variance on the 18th of March and wants it to be known he feels the setback should stay at 100 feet . Mr. Maguire said he would write a letter stating his concerns to the BZA . 5 . Exterior of the building, the fence, crushed stone drive and parking area is to be maintained and kept in good repair. Vegetative buffers are to be maintained and dead or diseased plants or trees are to be removed and replaced with healthy plants . Chairman Coogan called a role call vote . Mr. Porter aye Mr. Tyler aye Mr. Coogan aye Mr. Ochs aye Ms . Hilbert aye Adopted Planning Board / Public Hearing 4 3/5/2003 The Boards findings are as follows : Ms . Hilbert stated she heard the neighbors concerns and has addressed them as far as they can without moving the building. The business owner has stated there is no other place to put it, so as not to inhibit the functions of their business she hard to vote positive to the application. Mr. Tyler stated they pressed the applicant on several occasions not only relocating the building on their property but other ways to reconfigure the improvement . It seems fairly clear given the limitations and what need to be achieved the building purposed is the best compromise they could come up . Recognizing the placing is not perfect and the set back from the Maguire property is not ideal and in recognition of that there will be a BZA hearing on the set back issue as to whether they will be granted a variance on that we do not pass on that, not in the Planning Boards jurisdiction, although we have said in our motion we have concerns on the set back and wish that the BZA look at that closely. Mr. Tyler would also like to say to the BZA to look at the conditions the Planning Board have imposed in recognition of the set back deficiencies in considering their application for the variance . The building is relative profile, the topography is as such that it has minimal impact on the nearest dwelling of the Keith ' s property and not a lot of impact on the Maguire' s property, but that property owner wishes to put another residence on the property it may be more of an impact being closer than the Keith ' s property and was taken into consideration but the Planning Board looked at what was before them and not the hypothetical of another dwelling on the Maguire property. Mr. Porter feels Mr. Tyler covered it very well and added that the Planning Board also considered a number of alternative configurations of the building and found no apparent acceptable changes . Mr. Coogan added the purposed building is a legal conforming use. The community gets benefit from having the Trumansburg Golf Club . The Planning ; Board mitigated as much as they possibly could, noise and vehicle lights with the addition of the fence . f • • lr Mr. Tyler stated they are fully aware of the 24/7ish nature of the activity, which will incur around this property, but given the nature of the Golf Course activity and what has to be done when the golfers are not on the golf course. Other Business AT&T Request Additional Antenna on MeKeel Road Tower Supervisor Austic requested the advise of counsel on the application from AT&T to place an additional antenna on the MeKeel Road tower at below the existing height of the tower and if it requires Planning Board approval. Attorney Wilson reviewed and responded that both the site review ordinance and the tower ordinance are applicable ordinances, but however, site review is excepted out under Section 310 . 2 in that no permit is required thus no site review. The tower ordinance relates to location and siting of towers. The co-location is for an additional antenna is not adding to the height or changing the location of the tower and does not seem to invoke the tower ordinance . Further states that co-location was in fact requested for future utilities on this tower at the time or approval, of the tower siting originally. After review of said letter from Attorney Bruce Wilson the Planning Board determined there is no need for a site plan review for the new antenna. They did note some of the . F original plantings for screening have died and wondered if this new location could be used to bring the tower owner into compliance with the original tower resolution granting approval for the tower. The issue is not so much whether the trees serve as an effective screen, but holding the owner accountable to the agreement. The board felt that it could set a bad precedent if an owner is seen as only half-heartedly complying to a ruling. Chairman Coogan will ask the Town Board if they could contact Attorney Wilson to see if the co-location would allow them any leverage with the tower owner to meet the terms of the original agreement Planning Board / Public Hearing 5 3/5/2003 Hearing no further business Mr. Tyler moved, seconded by Mr. Ochs to adjourn the meeting, hearing no objection the meeting adjourned at 9 : 40 PM . Respectfully submitted, Marsha L . Georgia Ulysses Town Clerk 49/7 p' eirraid 771 141