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HomeMy WebLinkAbout2012-05-15-PB TOWN OF ULYSSES PLANNING BOARD MINUTES 05/15/12 Present: Chairperson Ken Zeserson, Members- Sarah Adams, Stan Beames, Rod Hawkes, John Wertis, Environmental Planner Darby Kiley Excused : Peter Fry, Rebecca Schneider Public Present: Carl and Laura Butterfield, Richard and Sylvia Switzer, Jeffrey Brown, Jim and Rita Brown, Grace Riddle, Joe and Barb Lockwood, Sheela and Erik Balcome, Jim and Marie Whitaker, Robert and Christine Whitaker, Frank White, David and Jean Schurman, Richard Coogan, David Means, Mike and Jodi Marshall, Judy Cone, Frank DiMarco, Phillip Maguire, Scott Peters, Vernon and Diana Collins, Diane Hillman, Melissa Hillman, Greg Grodem, Dan Clement, Paula Horrigan, Randy and Linda Smith, Scott Sears, Heather Wilcox . Mr. Zeserson called the meeting to order at 7 : 10 pm . He reviewed the rules of the meeting . He stated each speaker would be restricted to 3 minutes . The individuals need to come to the table at the front of the room and state their name and address . We need this information for the minutes as they are considered a legal document. He asked if there were any questions, none were offered. He stated the first item on the agenda was a Public Hearing for consideration of Site Plan Approval for the proposed Brownie ' s Produce Market project located at 1901 Trumansburg Rd, Town of Ulysses Tax Parcel Number 25 . -2- 1 . 52, B1 -Business District. The proposal is to construct a 1 , 728 +/- square foot produce market with a 630 +/- square foot porch, a 1 , 152 +/ square foot greenhouse, a 378 +/- square foot covered display area, as well as parking, signage, and landscaping. This is from James and Jeffrey Brown, and is considered a Type II Action for SEQR. He asked the applicant for a brief description of the project. Mr. Jeffrey Brown introduced himself and stated the family had operated a produce stand for 15 years just off Perry City Road. The produce stand was operated by his parents, his sister and himself The property was sold and they were forced out of business. They have all missed this and are seeking a permanent solution . The lot they are considering is in the Business district, where retail sales are an allowed use, but the project needs Site Plan Approval . Mr. Zeserson asked if there were comments or questions from the board. None were offered. He asked for comments from the public . Tim Wales introduced himself and stated he lives at 2102 Houghton Road and has been neighbors with the Brown ' s for years . They are good neighbors and good businessmen. He read a letter from his wife recalling years of neighborly activities during crisis situations . In addition, they frequented the produce stand and have missed not having the fresh corn picked on a daily basis . They support and appreciate this type of growth in Jacksonville and Ulysses . Ms . Judy Cone introduced herself and stated she had been acquainted with "Brownie" for 30 years. As a business owner in Jacksonville she thought this would be good for the neighborhood. She is the owner/builder of Ulysses Square and loved the idea of having this be their neighbor. Jacksonville has seen their share of rough times. She would love to see it become a vibrant and active business zone for this community . She considers this to be an asset to her and the community, as well as a great family run business . Mr. Joe Lockwood introduced himself and stated he has known Mr. Brown and done business with him for a number of years . The business was always neat, clean and well taken care of. They maintain good farming practices by not spraying their produce, and at the end of the season they plow the pumpkins back into the ground. Planning Board I 2 May 15, 2012 Ms. Diane Hillman introduced herself as a neighbor and representative of the Jacksonville Community Association. She noted the Association is thrilled with having Brownie open a produce stand. She has many good reasons but would offer another what has not been mentioned . This would create a walk able place for residents in Jacksonville to purchase produce . There are many long term customer ' s who are looking forward to having his produce come back. Mr. Vernon Collins introduced himself and stated that he and his wife Diana Collins support this business . They have shopped since 1995 and always found them to be honest. If there was a question on any item it was discarded and replaced without question. He appreciated having a local place to purchase fresh local food. Mr. Dick Waite introduced himself he stated he has been a local business owner for 30 years . He has known Brownie this amount of time and has always respected him as a good businessman and gentleman. Mr. Dan Clement introduced himself and stated he resides on Dubois Road and had experience selling strawberries to Mr. Brown. He found them to be hard working, meticulous, neat and honest people to work with. Mr. Zeserson asked if there were any other questions . None were offered. He read the resolution draft prepared by Ms. Kiley. Ms . Adams stated she would like to have a reference to the signage in the resolution. A brief discussion concluded with a friendly amendment to the resolution. The applicant must come before the Planning Board if the size or changes to the sign are made for approval . Mr. Wertis made the MOTION, SECONDED by Mr. Hawkes as follows : Brownie's Produce Market WHEREAS : 1 . This action is consideration of a Site Plan Approval for the proposed Brownie ' s Produce Market project located at 1901 Trumansburg Rd, Town of Ulysses Tax Parcel Number 25 . -2 - 1 . 52 , B1 -Business District. The proposal is to construct a 1 , 728 +/- square foot produce market with a 63 0 +/- square foot porch, a 1 , 152 +/- square foot greenhouse, a 378 +/- square foot covered display area, as well as parking, signage, and landscaping . James and Jeffrey Brown, Owners/Applicants, and 2 . The proposed project is a Type II action and not subject to review under SEQR; 3 . The Planning Board, at a Public Hearing held on May 15 , 2012 , has reviewed and accepted as adequate a narrative, photos, site plan drawings, and other application materials submitted by the applicant; NOW THEREFORE BE IT RESOLVED : That the Town of Ulysses Planning Board approves the Site Plan for Brownie ' s Produce Market, located at 1901 Trumansburg Rd, as shown on site plan drawings submitted by the applicant. i Also resolved, that if the applicant changes the sign but it has the same dimensions and 1 � similar features (changeable letters) with a section that is permanent, the applicant does not need to submit and receive site plan approval . The vote was taken as follows : Ms. Adams AYE Mr. Beames AYE Mr. Hawkes AYE Mr. Wertis AYE % Planning Board 3 May 15, 2012 Mr. Zeserson AYE The MOTION was approved UNANIMOUSLY . Mr. Zeserson informed the Brown' s their application was approved and they would need to follow up with Ms . Kiley for their permit. The Brown family expressed their appreciation to the Board and the public in attendance for support of this project. Mr. Zeserson stated the next order of business would be the Maguire/Wilcox subdivision. He noted a variance had been approved by the Zoning Board of Appeals to subdivide this lot. There were conditions noted in the approval if building is requested at a later date . He stated the subdivision is being considered an unlisted action. He asked the members if they all had received their copy of the SEQR as completed by the applicant. The members stated they had. It was noted Part I is completed by the applicant Part II is completed by the Planning Board. The members reviewed the form as presented and listed each item individually as referenced on the form . Mr. Zeserson asked if there were any questions from the audience . Ms . Horrigan stated she had concerns regarding the SEQR as this is within 200 feet of a creek that feeds into Taughannock Creek. It is also in close proximity to the old dump . Mr. Hawkes stated this SEQR is for the subdivision, if a building is presented for this lot they would have to be in compliance with all requirements as listed in the zoning . Mr. Zeserson confirmed a building would have to be in compliance with current zoning. He asked if there were any other questions or concerns from the public or the Board . The public nor the Board had any additional comments or questions. Mr. Zeserson closed the public hearing for the SEQR review. The Board continued and concluded with the negative determination for the SEQR application. Mr. Zeserson MADE the MOTION, Mr. Hawkes SECONDED the MOTION as follows : Wilcox/Maguire SEQR WHEREAS : 1 . This is consideration of Minor Subdivision Approval for the proposed two-lot subdivision located at 335 Pennsylvania Ave and an unnumbered lot south of 355 Pennsylvania Ave, Town of Ulysses Tax Parcel Number 12 . -2-9 . 3 (now 12 . -2-9 . 31 ), R2- Moderate Density Residence District. The proposed subdivision would create Parcel A with 1 . 835 +/- acres and Parcel B with 12 . 379 +/- acres . Corie and Heather Wilcox, Owners/Applicants ; Virginia Tesi, Attorney/Agent for Owners, and 2 . On April 18 , 2012 , the Board of Zoning Appeals granted area variances for Parcel A with two conditions : ( 1 ) that the side setback abutting Tax Parcel Number 12 . -2- 10 . 1 be increased to 50 feet, and (2) that the building permit issuance is conditioned on substantial evergreen screening foliage with a minimum of 6 feet in height and 15 feet in width between the properties . The screening can be altered by agreement of the adjacent lot owners, and 3 . This is an Unlisted Action for which the Town of Ulysses Planning Board is acting in this uncoordinated environmental review with respect to Subdivision Approval, and 4 . The Planning Board, on May 15 , 2012, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I , submitted by the applicant, a Part II prepared by the Town Zoning Officer, a survey map titled, " Survey Map Showing Lands of Corie Mark Wilcox & Heather Rose Wilcox, Town of Ulysses, Tompkins County, New York," Dated 8/2/ 11 with the most recent update of 12/28/ 11 , by T. G . Miller P . C . Engineers and Surveyors, and other application materials, and Planning Board 4 May 15, 2012 5 . The Town Zoning Officer has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval ; NOW THEREFORE BE IT RESOLVED : That the Town of Ulysses Planning Board hereby makes a negative determination of environmental significance for the reasons set forth in the Environmental Assessment Form Part II referenced above, in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed, and, therefore, an Environmental Impact Statement will not be required. The vote was taken as follows : Ms. Adams AYE Mr. Beames AYE Mr. Hawkes AYE Mr. Wertis AYE Mr. Zeserson. AYE The MOTION was approved UNANIMOUSLY. Mr. Zeserson stated the next order of business is the Public Hearing for the actual subdivision. He reviewed the protocol for the meeting-come to the front table, etc . He asked Mr. Maguire to present the project for those who are not aware . Mr. Maguire stated he had lived in this are for 30 years . He is very familiar with the neighbors. Grace Riddle babysat them for years as children. Pat Bonsall has been a close family friend since the beginning. The Maguires, Riddles and Bonsall ' s have been great neighbors for years . He has witnessed the subdivision of Larchmont and Tamarack with many changes to the neighborhood. This property was originally purchased for his sister- in-law Heather Wilcox to build a home on in this neighborhood. Subsequently, they acquired other lands and blended the lot to create a bigger lot. Since then Ms Wilcox has now purchased other property and would like to sell this lot. They are not trying to I subdivide for commercial or profit but do not need this lot. He noted they had approved a variance to subdivide by the Zoning Board of Appeals . He felt that Board listened to the complaints and dealt accordingly to accommodate the concerns . He stated Ms . Horrigan, Mr. Sears and he had discussions and were offered first choice to purchase . He stated they had denied the offer due to the price. There is still a boundary dispute however he had received a purchase offer from Peter Fry and hope to complete the sale if all approvals are given. He stated Mr. Fry has done a lovely job on his property of Larchmont. He and his wife are both landscape architects and are described as good neighbors. Despite the NIMBY attitude Mr. Fry has pursued with the purchase of this property. He attended the ZBA meeting and introduced himself as a potential buyer. He informed that group he would be willing to accommodate the neighbors concerns. In addition, he stated he did not want to see their house anymore than they did his . The ZBA determined this did not meet the requirements of a flag lot however they received a unanimous approval as a legal building lot with considerable accommodations for the neighbor' s . It was noted of all people in this area which number 50 plus, only 2 had concerns. They are the two people who live along the border of this property. He appreciated they have had this property as part of their back yard however, they do not I own, pay taxes or have any right to complain. The past owners and the potential owner want to utilize their property in a legal conforming way. The lot does not increase the density of the neighborhood as it is a legal lot. Ms . Grace Riddle introduced herself as the neighbor on the other side of this lot. She stated she and the Maguire ' s have been in the area for over 30 years and she has witnessed them enhancing the neighborhood. Their property is always maintained meticulously. They purchased an older home that had been an eyesore for years, it was cleaned up and one of their family members resides there . She is in full support of this application. Ik • • , a Planning Board 5 May 15, 2012 Ms . Horrigan introduced herself as residing at 355 Pennsylvania Avenue and the neighbor on the other side of the lot. She stated she is not OK with this project. It is a different philosophical track than when she purchased her property. They could afford the 50K he was asking for this lot but would not pay the price . She had a lot of concern due to the lack of frontage . She realized that if a person could afford the purchase price of 50K they would not build a slum . Be it Peter Fry or another she is not concerned with who but is concerned that this would change the neighborhood in that it would become similar to Larchmont. She is also questioning how this can go through with the boundary dispute still in question between the two lots . Mr. Sears introduced himself as also residing at 355 Pennsylvania Avenue and has concerns regarding the ZBA procedures. He noted the resolution indicated substantial differences yet the variance was approved. He inquired as to what authority this Board has over a decision made by the ZBA. Mr. Wertis stated they had to accept this decision by the ZBA. This is a legal and conforming lot thus would need a major reason to deny the application. Mr. Hawkes stated this is not unique to Ulysses ; the authority of the ZBA is a state law for all towns . Ms . Kiley stated they had consulted the Town Attorney at length regarding this process and she advised as to how to proceed. Mr. Zeserson MADE the MOTION, Mr. Hawkes SECONDED the MOTION as follows : Maguire/Wilcox Subdivision Approval WHEREAS : 1 . This is consideration of Minor Subdivision Approval for the proposed two-lot subdivision located at 335 Pennsylvania Ave and an unnumbered lot south of 355 Pennsylvania Ave, Town of Ulysses Tax Parcel Number 12 . -2-9 . 3 (now 12 . -2-9 . 31 ), R2- Moderate Density Residence District. The proposed subdivision would create Parcel A with 1 . 835 +/- acres and Parcel B with 12 . 379 +/- acres . Corie and Heather Wilcox, Owners/Applicants ; Virginia Tesi , Attorney/Agent for Owners, and 2 . On April 18 , 2012 , the Board of Zoning Appeals granted area variances for Parcel A with two conditions : ( 1 ) that the side setback abutting Tax Parcel Number 12 . -2- 10 . 1 be increased to 50 feet, and (2) that the building permit issuance is conditioned on substantial evergreen screening foliage with a minimum of 6 feet in height and 15 feet in width between the properties . The screening can be altered by agreement of the adjacent lot owners, and 3 . This is an Unlisted Action for which the Town of Ulysses Planning Board, on May 15 , 2012 , has made a negative determination of environmental significance with respect to this project, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, a Part II prepared by the Town Zoning Officer, and; 4 . The Planning Board, at a Public Hearing held on May 15 , 2012, has reviewed and accepted as adequate a survey map titled, "Survey Map Showing Lands of Code Mark Wilcox & Heather Rose Wilcox, Town of Ulysses, Tompkins County, New York," Dated 8/2/ 11 with the most recent update of 12/28/ 11 , by T. G. Miller P . C . Engineers and Surveyors, and other application materials ; NOW THEREFORE BE IT RESOLVED : 1 . That the Planning Board restates the Board of Zoning Appeals condition for Parcel A that reads : "the proposed variance shall impact the parcel 12 . -2- 10 . 1 to the west, the side setback shall be increased to 50 feet on the side abutting 12 .-2- 10 . 1 . Building permit issuance is conditioned on substantial evergreen screening foliage with a minimum of 6 feet in height and 15 feet in width between both properties . The screening can be altered by agreement of the adjacent lot owners," and Planning Board 6 May 15, 2012 2 . That the Planning Board hereby grants Minor Subdivision Approval for the proposed two-lot subdivision located at 335 Pennsylvania Ave and an unnumbered lot south of 355 Pennsylvania Ave, Town of Ulysses Tax Parcel Number 12 . -2-9 . 3 (now 12 . -2-9 . 31 ), as shown on the map titled, "Survey Map Showing Lands of Corie Mark Wilcox & Heather Rose Wilcox, Town of Ulysses, Tompkins County, New York, " Dated 8/2/ 11 with the most recent update of 12/28/ 11 , by T. G. Miller P . C . Engineers and Surveyors . The vote was taken as follows : Ms . Adams AYE Mr. Beames AYE Mr. Hawkes AYE Mr. Wertis AYE Mr. Zeserson AYE The MOTION was approved UNANIMOUSLY. Ms . Adams stated she would appreciate the role of the ZBA in evaluating the Comprehensive plan when making decisions . She felt this was not addressed with this issue . She also questioned this Board being put into this position if in reality they could not deny anyway. Mr. Zeserson stated the next order of business is a subdivision they had approved last year. The applicant did not file the paperwork within 60 days thus needed to have an approval again. He stated nothing has changed since the last review and presented the maps and information as submitted previously. Mr. Wertis MADE the MOTION, Mr. Hawkes SECONDED the MOTION as follows : Reapprove Storrer Subdivision Whereas, according to Town Law § ( 11 ) "the owner shall file in the office of the county clerk or register such approved final plan . . . within sixty-two days from the date of final approval or such approval shale expire, " and Whereas, the owner or agent for the owner did not file the subdivision that was approved at the August 17, 2011 Planning Board meeting ; and Whereas, according to correspondence from applicant ' s attorney received on May 15 , 2012, no changes have been made to the subdivision plat that was approved on August 17, 2011 , Now therefore be it resolved : That the Town of Ulysses Planning Board reaffirms the subdivision approval for Tax Parcel Number 26 . 3 -9, located at the corner of Jacksonville and Perry City Roads, R1 - Rural Residence District, and authorizes the Planning Board Chair to sign and date the subdivision plat. The vote was taken as follows : J Ms . Adams AYE Mr. Beames AYE Mr. Hawkes AYE Mr. Wertis AYE Mr. Zeserson AYE The MOTION was approved UNANIMOUSLY. Ms . Kiley presented the minutes of May 1 , 2012 . Mr. Hawkes MADE the MOTION, Mr. Wertis SECONDED the MOTION to approve the minutes of May 1 , 2012 as presented . {1( 11 i 4 li , I 1 . 1. Planning Board 7 May 15, 2012 The vote was taken as follows : Ms . Adams AYE Mr. Beames AYE Mr. Hawkes AYE Mr. Wertis AYE Mr. Zeserson AYE The MOTION was approved UNANIMOUSLY. Mr. Zeserson noted the next meeting date would be June 5m Mr. Wertis stated he would like this Board to review the flag lot definition as well as the County Plan recently distributed to the members . Mr. Zeserson adjourned the meeting at 8 : 17pm . Respectfully submitted, Robin Carlisle Peck Zoning/Planning Secretary I Town of Ulysses Special Joint Town BoardNillage Meeting May 15 , 2012 * * audial available at www. ulysses .ny.us Present: Supervisor Roxanne Marino ; Councilpersons Elizabeth Thomas, Lucia Tyler, David Kerness and Kevin Romer; Town Clerk Marsha L . Georgia; Mayor Marty Petrovic : Village Trustees Deborah Nottke , Rordon Hart, Rob Cassetti, Debbie Watkins ; Attorney Marlette Geldenhuys and Bradley Pinsky; Jeff Shepardson, Facilitator. Others Present : Mr. Hart and Jason Fulton The meeting was called to order at 7 : 00 pm . Mr. Shepardson, Facilitator reviewed the guidelines to follow for this meeting . Ms . Marino and Ms . Thomas presented some background information : The Ulysses Town Board has been working diligently to gather and evaluate all pertinent information relating to moving forward for 2013 and beyond to work with the Village EMS department to provide the best and most cost effective emergency medical service for Ulysses residents . There are constraints imposed by NYS laws and the OSC (NYS Comptroller' s Office) on the ways in which the Town can contract for these services . Since the Village created an EMS department in April 2011 and moved to billing for service, the Town can no longer continue with a single, Fire Protection District contract for combined fire and EMS services for all Ulysses residents outside the Village. As options for contracting for EMS service, the Town can form an Ambulance District for a defined area of the Town (outside the Village), or enter into a Town-wide contract, which must also include the Village (General Municipal Law 122-b ; OSC) . The Town recognizes that there is no legal requirement to provide ambulance service and so also has the no-contract option, resulting in 911 services provided by the closest available provider (Bangs or Trumansburg) . While this is the lowest cost option (in terms of dollars), it is not the most preferable to the Board at this time. Formation of a special district requires a Map, Plan and Report (MPR) describing the area to be served, services to be provided, and the method of financing and maximum projected cost to residents of the district. The Board considered a draft MPR for an Ambulance District at the February meeting along with information from the OSC, the Town attorney, and Tompkins County Assessment regarding timelines for the multiple, required actions for establishing such a district, and concluded that there was no way to responsibly complete all steps for formation of an Ambulance District before the April deadline necessary to allow the district on the assessment roles for 2013 (and as such, to levy a tax to pay for an EMS contract) . Hence, none of the options for providing EMS that require an Ambulance District were further considered by the Board for 2013 . At the last Town Board meeting the Town discussed with the Town attorney legal issues and constraints, and considered the costs and benefits each Board member saw with each feasible option for 2013 . They voted unanimously to ask the Village Board to meet and pursue discussions on their preferred option of a joint service agreement and Town-wide contract for EMS for Ulysses residents. The Village notified the Town of a recent Town of Covert resolution that would include their entire town in the EMS coverage area. The Village did not provide any projections for how this would change the call volume or response time for the pre-existing coverage area. The Town provided information to the Village prior tonight' s meeting on the following : Joint Town /Village Meeting 2 May 15, 2012 • A flowchart with options for providing EMS for the Town of Ulysses • EMS cost projections (based on 2012 budget & 2011 tax assessment role) • A memorandum from Attorney Geldenhuys with "Opinions for EMS Shared Service Agreements" • A statement why it would make sense for the Town and Village to consider shared (joint) service agreements with Town-wide contracts for services such as EMS . Both the Village and Town discussed these options . The general consensus of the Village is that they are not yet ready to move to a shared service . Ms . Nottke would like more information from Towns that have an EMS shared service agreement in place . The Village did relay that the Town could continue with an extension of the current contract under the Fire Protection District. (Previously the Town understood this was NOT an option. ) The Village agreed to further discuss policies, procedures and budget with the Town with the objective of finding common ground. Hearing no further discussion Ms . Marino moved, seconded by Ms . Thomas to adjourn the meeting . Ms. Nottke moved and seconded by Ms . Watkins to adjourn. Meeting adjourned at 9 : 15 pm . Respectfully submitted, Marsha L . Georgia Ulysses Town Clerk