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HomeMy WebLinkAbout2012-10-10-STB Town of Ulysses Special Town Board Meeting October 10, 2012 Audio available at www. ulysses . ny . us Present : Councilpersons Elizabeth Thomas, Lucia Tyler, and Kevin Romer; Environmental Planner Darby Kiley; and Town Clerk Marsha L. Georgia Absent : Supervisor Roxanne Marino; Councilman David Kerness and Deputy Supervisor Sue Poelvoorde Others Present : Susan Ettinger, Louise Terry, William Terry, Jan Zeserson, Don Smith, Ken Zeserson, Lawrence McCain, Nancy Cool, Krys Cail, Tim Fallon, Betsy Fallon, and Brenda Longstreet . Deputy Supervisor Thomas called the meeting to order at 7 PM and said that the meeting is for the Town Board to be presented with the latest copy of the Lakeshore Zoning and if time permits may lead into the Conservation Zone which has a lot of parallel information . There is a public information meeting on October 24, 2012 at which time the Town Board will be entertaining questions from the public. This meeting is for the Town Board who will be able to ask questions and discuss this document among ourselves . Ms . Thomas encouraged the public present to call, write or email with questions and specific concerns . Ms . Thomas turned the meeting over to Ms . Kiley for her overview . Ulysses Environmental Planner Darby Kiley's Overview History Comprehensive Plan — developed from May 2006- Nov. 2008 with a total of 27 public meetings, plus several public workshops, two public information sessions, and a survey of residents. From Page 44 on the Lakeshore : Cayuga Lake is a defining natural feature of the Town and forms the eastern boundary of Ulysses . N .Y.S . Route 89 runs parallel to Cayuga Lake and is designated by New York i State as a scenic byway. Public access to the waterfront outside of Taughannock Falls State Park is nonexistent as the majority of waterfront land remains privately owned for residential use . Scenic overlooks and access to the waterfront within this land use area should be established as land becomes available . The ability for people to access and utilize Cayuga Lake for recreational purposes should be promoted . The Lakeshore area includes natural and environmental resources that must be considered as part of the development process. Special consideration should be given to new development as it relates to impacts on steep slopes, water quality, soils, erosion, and view sheds. Because of the sensitivity of lands within the Lakeshore area, any future development, as well as changes and improvements made to existing properties, should be carefully evaluated to determine any negative impacts on natural features . The environmental sensitivity of this area demands establishing strong zoning regulations to guide appropriate scale development and protect the significant natural resources in the area . In order to implement protection of this area, the Town should consider a number of mechanisms including overlay zones, septic testing, size and density limitations on all structures, and incorporation of design standards for docks and accessory buildings into the Town's Zoning Law. Land use in this area is primarily single family residential . However, water dependent uses that provide public access to the waterfront and Cayuga Lake may be allowed . PUBLIC MEETINGS III The Lakeshore Zoning Committee met 16 times in 2010 and 7 times in 2011 . A public information session was held in summer 2011 and a special presentation was also made to the Town Board September 2011 . The Conservation Zoning document was developed by the Planning Board over a two-year period, 2008- 2010, with at least 18 meetings on the topic . A public information meeting was held on April 2010. Since the September 2011 presentation to the Town Board, the Lakeshore Committee met several times ( at least three ) . At 6 meetings in 2012, the Planning Board reviewed the Lakeshore and Conservation Districts side-by-side to ensure consistency. The Planning Board finalized that review on May 1, 2012 . Town Board Special Meeting 2 October 10, 2012 CURRENT TOWN ZONING LAW 21 . 2 Existing Lots Other provisions of this ordinance notwithstanding, nothing shall prohibit the use of a lot of less than the required area for a single-family dwelling in any district, when said lot at the enactment of this ordinance was owned or leased by persons other than those owning or leasing any adjoining lot, provided that all other provisions of this ordinance are complied with . The above notwithstanding, any lot that is deemed conforming to the prior Town of Ulysses Zoning Ordinance, or was created prior to any local zoning law but now is deemed nonconforming, shall not require the approval for an area variance by the BZA should said lots meet all setback, front and rear yard requirement, of this Zoning Law . 20.4 Changes and Restorations A nonconforming use may be changed to a conforming use ; however, thereafter it shall not again be changed back to the prior nonconforming use . Nothing shall prevent the substantial restoration of a nonconforming use to its former condition or better, within six ( 6 ) months, and the continued use of a nonconforming building damaged less than 85 percent of thelmarket value of the building immediately prior to such damage by fire, floods, earthquake, act o;f God or the public enemy . 20.5 Repairs To and Maintenance of Nonconforming Buildings On any nonconforming building, ordinary repairs may be made, and any nonbearing walls, fixtures, wiring or plumbing may be repaired or replaced , provided that the cubic content of the building as it existed at the effective date of this ordinance shall not be increased . Nothing in this oidinance prevents the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official . R1 7 .7 Buffer Areas No buildings or other structures, or parking areas, shall be located within 50 feet from a stream edge or any wetland als defined by state or federal law. j 17.6.2 Stream Protection Setback U . S. Geological Survey topographical maps will be used to classify impermanent and permanent streams. . . . Comparison of current lot area and yard requirements for R1 and proposed lakeshore district ,; , ... I ', ' ' rar Building, Lot�Area and Y I I equirements Summary L � a...r' "G: e R y a 'S ' '..J an =t . �k .e, ya .� i iiuAr i t ' = a �.i { r - Yy3 4 .+-� s, ..rya . �"i ' t .r :* �s 4, CURRENT R1 Non Requirement Lakeshore lakeshore All building footprints, maximum 5% lot coverage 4,000 ft2 4,000 ft2 Building height, maximum 32 ft . 32 ft . 32 ft. Lot area , minimum 2 acres 1 acre 5 acres Lakeshore frontage, minimum 250 ft . 150 ft . Not applicable Lot width at road frontage, minimum 250 ft . 150 ft . 250 ft . Lot depth, minimum 250 ft . 250 ft . 450 ft . Setback from lakeshore, minimum, measured from OHWL 50 ft . 50 ft . Not applicable Setback from road or rear property line 35 ft. ( non- lake ) 50 ft. 50 ft . Side yard setback, minimum 15 ft . 15 ft. 50 ft . 4 Town Board Special Meeting 3 October 10, 2012 Structure or parking area setback from permanent or 50 ft . 50 ft . 50 ft. impermanent stream or wetland edge, minimum Number of principal buildings per lot 2 1 1 Ms . Thomas opened the meeting to discuss the Lakeshore Zoning document. Ms. Thomas had several questions and comments . Ms . Kiley Environmental Planner, Don Smith and Krys Cail members of the Lakeshore Zone committee gave background material on how and why the particular criteria were established . * * Full discussion can be heard at the Ulysses web site at www. ulysses. ny. us. A public informational meeting is scheduled for October 24, 2012 . Hearing no further business Ms . Thomas moved, seconded by Mr. Romer to adjourn . Unanimously approved , meeting adjourned at 8 : 55 PM . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk , 1I