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Home My WebLink About2008-12-16 - PB TOWN OF ULYSSES PLANNING BOARD 12/16/08 Approved 02/02/09 Present : Chairperson Ken Zeserson, Planning Board Members : Stan Beames, David Means, John Wertis, Deputy Supervisor Dick Coogan Excused : Rod Hawkes, Rod Porter, Rebecca Schneider Mr. Zeserson called the meeting to order at 6 : 58 pm . He stated they had received really good notes on what they had discussed at the previous meeting. The major thing he wants to clarify is that they are not doing an overlay zone but would actually change the zoning. They would like to change the zoning from a residential area to a conservation area. Mr. Wertis stated when this Board is asked why they would like to do this what would the response be. Mr. Zeserson stated the only answer he has is the current zoning is 2 acres and they want to require 5 acres which can only be changed by zoning revisions . Mr. Coogan stated if they are changing setbacks, lot size requirements it is a zoning change. If they are changing requirements on top of the lot sizes it is could be achieved by an overlay district . Mr. Zeserson stated he thought this was the consensus of the group and they wanted to make it airtight and be effective. If the zoning is in black and white it would be easier for the applicants to understand two years from now when they come in for a project Mr. Means stated it seems to him it would be easier to have a zoning vs . an overlay. Mr. Coogan stated having the overlay could require site plan for anything on an overlay. Mr. Wertis stated if they look at current zoning which included the future zoning changes . He wondered what would happen to the rest of this area. If the rezone the whole area they need to be cognitive of what is happening to the rest of this area. Mr. Zeserson stated not being an expert he would think it would stay. The zoning changes would be relative to the boundaries they establish. Mr. Coogan stated they need to get Mariette involved with zoning changes . This would be a good time to ask her what they need to know as they are contemplating zoning changes . Mr. Wertis asked Mr. Coogan if there is a difference in the process of establishing an overlay vs . zoning. Would an overlay zone be a new local law? Mr. Coogan replied it could be a law or an ordinance . Because they are not doing physical changes simply adding requirements over the top it is a faster process than zoning. Zoning changes require a lot of steps that are complicated. Mr. Wertis stated if he is hearing correctly it would be a cumbersome process . Mr. Coogan stated it is however due to the fact that they are changing two business zones, a parks and recreation zone it would be more complicated anything that is there currently would not be. Mr. Zeserson added they could be grandfathered into the zoning change . Mr. Coogan stated they would essentially remove all of the current zoning. They would review what is in the zone and all items would have to be redefined. They do have a Planning Board 2 12/ 16/2008 grandfather clause in the current zoning that allows for a legal conforming lot to be allowable in Ulysses if done prior to zoning changes . Mr. Zeserson asked the members if they would be in favor of the more cumbersome process to establish a more powerful document. Mr. Wertis stated he is in favor of the outcome, but he is trying to be pragmatic and figure out which is the easiest to effect . It has been his impression over the last four or five years that an overlay area is easier to use initially. Mr. Kerness stated he thought Mr. Coogan brought up a good point in consulting with Mariette. Once they establish the language they could request Mariette to review this . He is reading the district law and it does not look hard, but they need to get the language . Mr. Means stated they are not under a time frame so that sounds like a good idea. Mr. Coogan stated they could also look at it as enacting an overlay zone due to the Comprehensive Plan moving forward . They may think they are doing something and if does not work they way they planned it is very difficult to change later. Mr. Zeserson stated they cannot establish anything until the Comprehensive Plan is approved. Mr. Coogan stated they could do the overlay due to it being a critical area. Then they could gather more data and review the regulations . When the area comes up for zoning they could request the change in lot sizes and additional regulations . Mr. Kerness stated if they could make the changes, revise 2 acres to 5 acres. They could add the site plan review requirements . Mr. Wertis stated adding site plan review for single family homes would be a major change . Mr. Coogan stated it would, especially in the case of view sheds, the Board could review and tell the applicant they have to change the angle of the home so as not to obstruct views . This would also add an additional amount of work to this Board that they have never had to review. It comes back to what are the goals they want to accomplish. Mr. Zeserson stated he would like to go through the document and make edits, etc . The changes made are as follows . Purpose A. Biological corridors-no particular corridor recommending this sentence be removed sentence. B . Agree- C . Agree Permitted Principal Uses Requiring site plan would need to be inserted in this paragraph as a required process for II I the conservation area. A. Agree B . A two family dwelling-discussion concluded this would be acceptable. Agree with keeping square footage down but do not want to restrict allowing a duplex in this area. The definition of two family dwelling unit indicated it is a single building on a lot containing two dwelling units each of which are totally separated from each other by an un-pierced wall extending from ground to roof, un-pierced ceiling and floor extending Planning Board 3 12/ 16/2008 from exterior wall to exterior wall. It would be 5 acres they could restrict by limiting the square footage allowed . The subject of elder cottages was held elder cottages are a single unit that is supposed to go after the person is no longer in residence. C . Agree D . Agree E . Forest management-discussion regarding diseased trees , trees posing risks . What classifies logging? They do not want logging. Board would like to research logging classifications, what qualifies as logging etc . further. F . Agree Principal uses authorized by special permit only A. Agree B . Agree C . Agree D . Agree Additional requirements for special permits A. Agree B . Agree C . Agree D . Agree Permitted accessory building or uses A. Agree B . Agree C . Agree D . Agree Accessory buildings and uses authorized by special approval only A. Elder cottages-need to vote at a later date, discussion held that the Board thought they would like to remove this use . B . 1 . Agree 2 . Agree 3 . Agree 4 . Agree 5 . Agree 6 . Agree 7 . Agree 8 . Agree Height Limitations-review for Ulysses specifications Yard regulations-review for Ulysses specifications A discussion regarding requiring site plan for square footage above 2 , 000 feet would be an example. The Board requires commercial development to come in for site plan yet if it is a single family home it could be a gargantuan footprint that would not require site plan. Planning Board 12/ 16/2008 4 It was noted that site plan review needed to come earlier in the document . It is currently listed in the special permit. They would like to have everything be under site plan review in this zone. It was determined this could be a lot of work however this would be a good mechanism for control in this critical area. It is not the objective to make site plan an onerous task yet do feel it is necessary. If the procedures are defined it would not have to be difficult. All new construction would have to be reviewed under site plan . Mr. Zeserson stated he had to leave due to personal obligations . Ms . Carlisle Peck stated the minutes of 12/02/08 need to be approved. Mr. Means MADE the MOTION, Mr. Zeserson SECONDED the MOTION to approve the minutes of 12/02/08 . The vote was taken, ALL IN FAVOR, minutes approved. Mr. Zeserson stated the next scheduled meeting is for January 6, 2009 at 7 : 00 pm . The members agreed they would like to meet to continue this discussion. Mr. Zeserson left the meeting at 8 : 10 pm. The other members continued to discuss the conservation zone however due to not having quorum changes could not be made. Respectfully submitted, Robin Carlisle Peck Secretary i {