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HomeMy WebLinkAbout2010-11-17-PB TOWN OF ULYSSES PLANNING BOARD 11 /17/10 APPROVED 06/08/11 Present: Chairperson Ken Zeserson, Members- Stan Beames, Rod Hawkes , Rebecca Schneider, John Wertis, Excused : Rick Rainey, Rod Porter The first part of the meeting was held with the Town Board for a Public Hearing regarding the Racker Center. Minutes were recorded and transcribed by the Town Clerk. Mr. Zeserson resumed the meeting in the conference room the members discussed the presentation and information received at the Public Hearing the following resolution will be forwarded to the Town Board . TOWN OF ULYSSES PLANNING BOARD Public Hearing —Racker Center Wilkins Road Town of Ulysses, New York November 17, 2010 WHEREAS the Planning Board and Racker Center presented the project and received public input at a legal announced Public Hearing on November 17, 2010 and WHEREAS , after consideration the Planning Board offers the following findings regarding the Racker Center project The proposed renovation doesn ' t change the footprint of the current structure in any appreciable way. The applicants have made every effort to insure the new construction blends as unobtrusively, as possible into the current landscape. No major architectural modifications are planned and the current aesthetic character of the complex is maintained. Additional lighting for the putative parking lot contemplated in the back of the building conforms to "dark sky" principles and will not produce excessive illumination . The applicants have calculated storm water run-off from the proposed rear parking lot. Recognizing that there will be a small increase through the swale area to the rear of the property they propose to mitigate possible damaging effects by the construction of a small retention pond. WHEREAS the proposed project will renovate the school and build an addition for a learning center, and WHEREAS the Town of Ulysses Planning Board has given due consideration to all information and comments in conducting Site Plan Review and Public Hearing, . THEREFORE IT IS HEREBY RESOLVED that the Planning Board of the Town of Ulysses hereby approves the Site Plan and recommends approval of a Special Permit for the Racker Center Site Plan application . Ho The vote on the motion resulted as follows : AYES : Mr. Beames, Mr. Hawkes, Ms . Schneider, Mr. Wertis, Mr. Zeserson NAYS : NONE ABSENT: Mr. Porter, Mr. Rainey ABSTAINED : NONE THE RESOLUTION WAS PASSED UNANIMOUSLY Mr. Zeserson stated they had received a Site Plan review from Patricia Evans, the Property is located at 8083 Falls Road, Trumansburg, NY. Planning Board 11 / 17/ 10 Page 1 The members questioned Ms . Evans about the project to their satisfaction. Mr. Wertis MADE the MOTION, Mr. Zeserson SECONDED the MOTION to approve the Site Plan as submitted by Patricia Evans, 8083 Falls Road, Trumansburg, NY The VOTE was UNANIMOUS , MOTION APPROVED . The members continued the meeting with a discussion of the Minor Subdivision process. Mr. Rachun reviewed the necessary procedures . It was noted that a procedure that had not happened in the placing of the signs for the Public Hearing, this is the procedure if following the "letter of the law". Mr. Rachun acknowledged this was an oversight however, if they are going to proceed according to the "letter of the law" then neighbor notices should not have gone out. He noted that he feels it is an extra notification that should be made. Why do the continue to review these if there is not an approval but just review/recommendation. What questions should they be asking. It was noted when the Town Board passes these projects onto them they would appreciate a resolution stating what the Planning Board is being charged with accomplishing. The members agreed this would be a helpful item to process their work. This information will be sent to the Town Board. Concern regarding how meticulous some members want to be with this project yet it appears others are not. It seem to be a battle on her part to protect the environment while other projects are being pushed through. The work on this Board is enjoyable however this gets to be a problem at times . Mr. Zeserson stated there is a vacancy on the Planning Board. He asked if there were any people the other members thought would be interested to have them apply. He also stated he wanted to ask if the members were okay with Mr. Porter attending if needed. The members agreed this is a voluntary board, appreciate the need for other commitments, however concern about lack of quorum . They appreciate the knowledge and experience of the long term members . The members agreed to consider and ask the Town Board for suggestions, etc . Mr. Zeserson stated the next meeting is December 1st, this will be training for the Board at TC3 . The December 15 `" meeting has a Site Plan Review scheduled. Mr. Rachun informed the members the Zoning Board had approved a variance for the Locust Apartments in Jacksonville. This would probably not come in front of the Board until Spring of 2011 . He also stated the Lakefront Committee is very close to having a final document to present. The meeting was adjourned at 8 : 30pm . Respectfully submitted, Robin Carlisle Peck Secretary Planning Board 11 / 17/ 10 Page 2 TOWN OF ULYSSES SPECIAL TOWN BOARD MEETING NOVEMBER 17 , 2010 Present : Supervisor Roxanne Marino ; Councilpersons David Kerness, Kevin Romer, Elizabeth Thomas and Lucia Tyler; Town Clerk Marsha L. Georgia; Deputy Supervisor Sue Poelvoorde. This meeting was called to order at 7 : 25 P . M . immediately following the Public Hearing on the Franziska Racker Center project held jointly with the Planning Board . The Planning Board adjourned to the conference room to discuss the findings they need to establish in a resolution as closure to their review of the Racker Center project site plan and report that back to the Town Board . The Board discussed the Zoning Law Special Permit procedure being requested by the Racker Center. Ms . Marino has asked the Town ' s attorney, Ms . Geldenhuys, to guide the Town Board through the procedure . Procurement Policy The Town Board had previously reviewed this policy and made recommendations and changes that Ms . Georgia used to update the policy. Mr. Kerness had some additional modifications and changes that he presented . Ms . Marino moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses remove the examples of purchases listed after State (tires, salt, gas, etc . ) and County (guard rails, asphalt, stone, etc . ) contracts from the Procurement Policy. Ms. Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness nay Mr. Romer (had left the room) Adopted The Board made further changes to the policy and Ms . Marino moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses adopt the Procurement Policy as modified. Policy follows : TOWN OF ULYSSES PROCUREMENT POLICY WHEREAS , Section 104-b of the General Municipal Law requires the governing body of every municipality to adopt a procurement policy for all goods and services which are not required by law to be publicly bid and WHEREAS , comments have been solicited from all officers in the Town of Ulysses involved in the procurement process, now, therefore be it RESOLVED, that the Town of Ulysses does hereby adopt the following procurement policy which is intended to apply to all goods and services which are not required by law to be publicly bid . 1 . Every purchase to be made must be initially reviewed to determine whether it is a Purchase Contract or a Public Works contract. Contracts which involve substantial or extensive services, or involve special skills so that the acquisition of the commodity is incidental to the labor should be treated as Public Works Contracts . Purchases and true rentals or leases of property do not constitute "purchase contracts" within the meaning and intent of General Municipal Law 103 and therefore are not subject to the requirements Special Town Board Meeting 2 November 17 , 2010 specified in ( 1 ) above . Contracts where there is little or no labor involved and involves primarily the procurement of commodities should be treated as Purchasing Contracts (ref: OSC 1998 publication 3006 on the Applicability of General Municipal Law 103 ) . Once that determination is made, a good faith effort will be made to determine whether it is known or can reasonably be expected that the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year. The following items are not subject to competitive bidding pursuant to Section 103 of the General Municipal Law : purchase contracts under $20,000 and public works contracts under $ 35 , 000 ; emergency purchases ; goods purchased from agencies for the blind or severely handicapped ; goods purchased from agencies for correctional institutions ; purchases under State and County contracts ; and surplus and second-hand purchases from another governmental entity. In considering the thresholds for 'competitive bidding, the aggregate amount to be expended in a fiscal year for an item or commodity to be purchased or the same type of public work must be considered. The decision that a purchase is not subject to competitive bidding will be documented in writing by the; individual making the purchase . This documentation may include written or verbal quotes from vendors , a memo from the purchaser indicating how the decision was arrived at, a copy of the contract indicating the source which makes the item or service exempt, a memo from the purchaser detailing the circumstances which led to an emergency purchase, or any other written documentation that is appropriate . 2 . All goods and services will be secured by use of written requests for proposals, written quotations, or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided . 3 . The following method of purchase will be used when required by this policy in order to achieve the highest savings . Estimated Amount Method Of Purchase Contract (Est. labor cost no greater than 20% of the total cost) $ 0 — 500 Prior approval of Department Head $ 501 — 1 ,000 Prior approval from Supervisor $ 1 , 001 — 4,000 2 written/fax quotations and prior approval from Supervisor & notification to TB $4 ,001 - 19, 999 3 Written/fax quotations or written request for proposal and prior approval from Town Board. Exception : 1 . Highway Superintendent is authorized to incur expenses not to exceed $4, 000 . 00 for repair and maintenance to highway equipment without Board or Supervisor approval . 2 . Highway Superintendent is authorized to purchase capital equipment with prior approval of the Town Board and an agreed upon spending limit. Estimate Amount of Public Works Contract Method $ 0 - 1 , 000 Prior approval of Supervisor. $ 1 ,001 — 10, 000 2 Written/fax quotations and prior approval from Town Board. r --•t . , Special Town Board Meeting 3 November 17 , 2010 $ 10, 001 — 34,999 3 Written/fax quotations or written requests for proposal and prior approval from the Town Board. Exception: The Highway Superintendent is authorized to incur expenses not to exceed $4, 000 for repair and maintenance of highway equipment without Board or Supervisor approval . A good faith effort shall be made to obtain the required number of proposals or quotations . If the purchaser is unable to obtain the required number of proposals or quotations, the purchaser will document the attempt made at obtaining the proposals . In no event shall the failure to obtain the proposal be a bar to the procurement. 4 . All procurements made under one of the above listed circumstances require written documentation of the circumstances and reasoning or information used . 5 . Documentation and an explanation are required whenever a contract is awarded to other than the lowest responsible offeror. This documentation will include an explanation of how the award will achieve savings or how the offeror was not responsible . A determination that the offeror is not responsible shall be made by the purchaser and may not be challenged under any circumstances . 6 . Pursuant to General Municipal Law Section 104-b (2) (f) , this procurement policy specifies the following circumstances when, or types of procurement for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interest of the Town of Ulysses . a. Professional services or services requiring special or technical skill, training or expertise. The individual or company must be chosen based on accountability, reliability, responsibility, skill, education and training, judgment, integrity, and moral worth. These qualifications are not necessarily found in the individual or company that offers the lowest price and the nature of these services are such that they do not readily lend themselves to competitive procurement procedures . In determining whether a service fits into this category the Town Board shall take into consideration the following guidelines : (a) whether the services are subject to State licensing or testing requirements ; (b) whether substantial formal education or training is a necessary prerequisite to the performance of the services ; and (c) whether the services require a personal relationship between the individual and municipal officials . Professional or technical services shall include but not be limited to the following : services of an attorney; services of a physician; technical services of an engineer engaged to prepare plans, maps and estimates ; securing insurance coverage and/or accountant ; investment management services ; printing services involving extensive writing, editing or art work ; management of services for customized programs, or services involved in substantial modification and customizing of pre-packaged software. b . Emergency purchases pursuant to Section 103 (4) of the General Municipal Law . Due to the nature of this exception these goods or services must be purchased immediately and a delay in order to seek alternate proposals may threaten life, health, safety or welfare of the residents . This section does not preclude alternate proposals if time permits . c . Purchases of surplus and second-hand goods from any source. d. Sole-source items . All procurements made under one of the above listed circumstances require written documentation of the circumstances and reasoning or information used. Special Town Board Meeting 4 November 17 , 2010 7 . The unintentional failure to comply with the provisions of this policy shall not be grounds to void action taken or give cause for action against the Town or any officers or employees thereof. 8 . This policy shall be reviewed annually by the Town Board at their organizational meeting or as soon afterward as practical . The adopted policy will be distributed to all department heads . I 4 i Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted Racker Center Special Permit The Planning Board meeting adjourned and Mr. Zeserson, Chair of the Planning Board, reported to the Town Board! that the Planning Board had finished with their findings for the Racker Center Special Permit Site Plan and it will be forwarded on to the Town Board. Ms . Marino said that once the Town gets the findings of the Planning Board on the Racker Center they will incorporate those into a resolution. The Board did not feel that a special meeting was necessary before the next Town Board meeting, scheduled for December 14, 2010, to finalize the Special Permit for the Racker Center. Dog Law The statement addressing "dog/wolf breed" from NYS Agriculture and Markets needs to be placed into the law. It was suggested to place this under Section 6 as the last item . Ms . Georgia will make the change and revise Ms . Geldenhuys ' s draft copy. The Public Hearing for the Dog Law is scheduled for 7 : 00 P .M . on December 14, 2010, prior to the Town Board meeting. Purchase of Town Land Ms . Marino moved, seconded by Mr. Romer the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve to have Attorney Geldenhuys look into the procedure for selling Town-owned real property. Ms . Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness abstained Mr. Romer aye Adopted NYC Association' of Towns Meeting Mr. Zeserson has expressed interest in attending the Association of Towns meeting in February 2011 . The Town Board still needs to decide who will represent them at the meeting. The decision should be made before the end of December. I , u 0 Special Town Board Meeting 5 November 17, 2010 The Town Board discussed the need to establish a policy on expenses associated with out-of- town travel . Village & Town Luncheon The Board discussed getting together with the Village for a dish-to-pass luncheon. A date of December 17, 2010 was set. Ms . Georgia will invite the Village. Meetings Structure Ms . Marino would like the Board to give some thought to how to shorten the meetings . She shared a couple of her thoughts, e. g. the Board members write out their reports and make them able for public review or schedule a third during the month that would be during the day. Minutes Ms . Marino moved, seconded the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of Special Board meetings dated October 5 , 22 , and 26 as edited by Ms . Poelvoorde, Ms . Marino and Ms. Tyler. Ms. Marino aye Ms . Thomas aye Ms . Tyler aye Mr. Kerness aye Mr. Romer aye Adopted General Ms . Thomas announced a public forum on the Marcellus Shale Gas Drilling that is being held December 8 , 2010 at 6 : 30 P .M . at the Trumansburg High School . She just found out about this today. Also the Village of Trumansburg is holding a meeting this Saturday, November 20, at 10 : 30 A. M . in the Village Hall to discuss EMS billing. Ms . Marino inquired if the Board wanted to send a message at this time to the Village on their thoughts regarding insurance-only billing. The general consensus of the Board was they would like to wait to see what comes out of the Saturday, November 20th meeting. Hearing no further business Ms . Tyler moved, seconded by Mr. Kerness to adjourn the meeting. Unanimously approved . Meeting adjourned at 9 : 34 P . M . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk TOWN OF ULYSSES JOINT PUBLIC HEARING Town Board and Planning Board November 17 , 2010 Present : Supervisor Roxanne Marino ; Councilpersons David Kerness, Kevin Romer, Elizabeth Thomas and Lucia Tyler; Town Clerk Marsha L . Georgia; Deputy Supervisor Sue Poelvoorde ; Code Enforcement Officer Alex Rachun; Planning Board Chairman Ken Zeserson; Planning Board Members Stan Beames, Rebecca Schneider, Rod Hawks, and John Wertis . Others Present : Dan Brown and Roger Sibley, Franziska Racker Center; Jan Brath, Trowbridge & Wolf Landscape Architects ; David Herrick, T . G . Miller Engineers ; Miles Cigolle, Holt Architects ; Patricia Evans and Michael Boggs Supervisor Marino called the Public Hearing to order at 7 : 00 P .M . and gave proof of publication. Mr. Brown from the Franziska Racker Center and the Center' s consultants gave a brief outline of the project that includes renovating the pre-school area of the existing building, adding two new single-story additions to the Pre School Building and site work including landscape buffers and stormwater facilities . Ms . Marino asked if anyone wished to comment. No public comments were made . II A written comment was received by e-mail from an adjoining neighbor with concerns about the impacts of lighting in the proposed new parking area on the east side of the building and changes to the site drainage . The consultants for the Racker Center noted that downcast lighting and having the lights on timers will address the light spillage concern and the stormwater facilities will be designed so that there will be no change in the drainage from the site Hearing no further comments, Ms . Marino closed the public hearing at 7 : 20 P .M . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk TOWN OF ULYSSES BOARD OF ZONING APPEALS 11 /17/10 PRESENT : Chairman George Tselekis, BZA Members Dick Coogan, Andy Glasner, Carl Mann, Code Enforcement Officer Alex Rachun, Zoning Typist Robin Carlisle Peck Excused : Barbara Bristow Applicants : George Hewertson, Frank and Lynn Palmer Public : Michael Boggs, Warren Bunn Chairman George Tselekis called the meeting and a duly advertised public hearing to order at 7 : 30 pm . He stated they are reviewing an application for George Hewertson to construct a garage on a legal non conforming lot . He asked Mr. Hewertson to describe the project. Mr. Hewertson stated two buildings had been on this property. The property was divided by this Board, the garage conveyed with the sold property. This is Upstate NY thus a garage is a needed item . He does not feel this would change the character of the neighborhood . In fact it would enhance the property. He is designing it to match the house, he has asked the neighbors and they have no objection . The garage would be 24x28 (two car garage) and all the necessary regulations are being met. Mr. Tselekis asked if there were any other comments from the public . Mr. Boggs stated he would appreciate this Board considering allowing more driveways with impermeable surfaces being constructed . This increase the storm water run off. He is not opposed to the garage but does want awareness of the potential problems noted . Mr. Tselekis asked if the Board had any comments or questions . Mr. Glasner asked if there had been any feedback from the neighbors . Mr. Hewertson stated the neighbors were supportive of the garage. They were developing landscaping projects together. Ms Carlisle Peck stated the neighbor letters had gone out however no items were received regarding the project. Mr. Coogan asked if they would be using an existing driveway. Mr. Hewertson stated they would be using the existing driveway and would not have to widen the current driveway to accommodate the garage . Mr. Glasner made the MOTION, seconded by Mr. Mann, Whereas, there will no undesirable change to the character of the neighborhood, and Whereas, the construction of the garage would be an upgrade to the property, and Whereas, the benefits sought by the applicant cannot be achieved by a feasible alternative method other than an area variance as has been noted in discussion, and Whereas, the variation is substantial to the lot size however the other regulations have been met, and Whereas, the variance requested will not have an adverse impact on the physical and environmental conditions in the neighborhood, and Whereas, the alleged difficulty was not self-created, 1 Be it therefore resolved that the Town of Ulysses Zoning Board of Appeals approve an area variance to build a garage to George Hewertsen, Rabbit Run Rd, Town of Ulysses. Chairman Tselekis called the vote : Mr. Coogan Aye Mr. Glasner Aye Mr. Maim Aye Mr. Tselekis Aye - The vote was unanimous . Variance was APPROVED Mr. Tselekis informed the applicant the motion was approved . He stated the next order of business was an application from Frank Palmer to construct 3 duplexes . It was noted this needs a Special Permit to be in the B1 District. He asked Mr. Palmer to describe the project. Mr. Palmer stated he has an offer for this lot. It would depend on him being able to construct 3 duplexes on the Route 96/Cold Springs Road property. He noted he had talked to the neighbors and most did not seem concerned. Mr. Palmer introduced John Andersson who is the engineer for the project. Mr. Andersson stated they had submitted plans for the duplexes . They had met all the setbacks, however due to the stream setbacks they were having the septic on the back of the lot. He noted the contours on the map would be updated to reflect more accurately when this goes to Site Plan Review . They presented this map for the variance . It is their understanding a Site Plan Review is required as this is a B1 District . They are planning on doing more than the required 35 feet vegetative buffer. He did want to mention that the plans may change due to septic requirements as well as driveway requirements . Mr. Boggs asked how big the lot is . 6 COr Mr. Boggs clarified the reason for the variance is this is a B1 District for zoning and a Special Permit is required even though Jacksonville is an H1 District . Mr. Rachun, stated that was correct. He noted the lot sizes for the HI are a misnomer due to the need for septic systems . Mr. Boggs asked if this project fits the spirit of Jacksonville being a hamlet per the Comprehensive Plan. Mr. Rachun stated it does incorporate the hamlet concept . The hamlet design incorporates retail services, higher density housing, churches for a walkable community. This would be an allowed use for the B1 as well as a H1 District . Mr. Boggs stated he heard all of this he would encourage this Board to be cautious to preserve the character of Jacksonville . Mr. Tselekis noted the point was taken, in addition this project would go in front of the Planning Board. This does fit with the hamlet definition than what is currently there . Mr. Boggs stated he is cautions to be sure it is what they want in the neighborhood vs . the house on the corner that has the police at it every 3 nights . Mr. Coogan stated this plan is encourage by the Route 96 Corridor Study. The study encourages ;the node of Jacksonville for development. The study was adopted by the Town Board and endorsed by the Jacksonville Community Association. The plan is in accordance with the Comprehensive Plan for a walkable community. 2 tr . . Mr. Boggs stated he would discourage a zoning change for this lot . Mr. Tslekis noted it was not a zoning change, but a request for special permit. Mr. Boggs stated it this stays as a B1 he would encourage the Board use the hamlet guidelines . Mr. Tselekis asked if there were other comments from the neighbors . Ms . Carlisle Peck stated they had sent out neighbor notices and had not received any correspondence to date . Mr. Glasner clarified they are not approving the plans specifically but are approving a special permit . Mr. Tselekis confirmed they are approving a special permit . The project will go to the Planning Board for final approval of the plans . Mr. Glasner asked if there were anything to prevent the applicant from maintaining the setbacks . Mr. Tselekis reviewed the setbacks, it was confirmed the applicants are in compliance. He asked the public for additional comments , NONE were offered . He asked the Board for comments or questions, none were offered . He asked the Board if someone would like to present a resolution. Mr. Coogan made the MOTION, seconded by Mr. Glasner, Whereas, there will no undesirable change to the character of the neighborhood, and Whereas, there is no detriment to nearby property resulting from the requested variance, and Whereas, the benefits sought by the applicant cannot be achieved by a feasible Alternative method and zoning allows for multiple residence with approval of Special Permit and Site Plan review, and Whereas, the variation is not substantial and this type of project is in compliance with the Route 96 Corridor Study, and the Comprehensive Plan adopted by the Town of Ulyssest, and Whereas, the variance requested will not have an adverse impact on the physical and environmental conditions in the neighborhood, and Whereas, the alleged difficulty was not self-created, Be it therefore resolved that the Town of Ulysses Zoning Board of Appeals approve an area variance to construct 3 duplexes to Frank Palmer, Cold Springs Road, Town of Ulysses. Chairman Tselekis called the vote : Mr. Coogan Aye Mr. Glasner Aye Mr. Maim Aye Mr. Tselekis Aye Mr. Tsekekis informed the applicants the variance was approved. Mr. Tselekis reviewed the minutes as being the Ted Murray subdivision . Mr. Mann MADE the MOTION, Mr. Coogan SECONDED the MOTION to approve the minutes of 07/21 / 10 . The vote was unanimous, MOTION APPROVED . 3 Mr. Tselekis adjourned the meeting at 7 : 37 pm. Respectfully submitted, Robin Carlisle Peck Secretary • 4