HomeMy WebLinkAbout1964 Minutes amending zoning adding Development District 1SC
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in the Free Press and the Ithaca Journal on ten days notice. The hearing ..
was called to order at 8:00 P.M. Board members in attendance were: James
E. Rice, Larry El3.is, Arthur J. Golder, Jr. , Dana Foyer and Clifford E.
Bower, Supervisor. Mr. Robert I. Williamson was present as the attorney
Ill for the Town. Approximately 50 interested residents were also present.
Also present were Frank Albanese, Esq. and Frederick S. Bryant, Esq. and
Mr. Frank Liguori, representing the Tompkins County Health Department.
A routine change, due to a clerical error, in the Zoning Ordinance
was brought up by Mr. Bower and it was decided on recommendation of Attorney
Williamson that this change should be made a a regular meeting of the Town
Board and the matter was tabled. A short recess was called to conform with
the published time of the meeting at 8:30 P.M.
At 8:30 P.M. the Public Hearing with regard to the Proposed
Amendment to the Zoning Ordinance of the Town of Ulysses - Planned Develop-
ment District No. 1 was called to order by Supervisor Bower. The Town
Clerk read the Notice of Hearing, a copy of which is annexed hereto and
made a part hereof.
Robert I. Williamson, Attorney for the Town, read at Mr. Bower's
request, the Proposed Amendment in its entirety, a copy of which is annexed
hereto and made a part hereof.
Mr. Frank Liguori of the Tompkins County Health Department was
then asked to comment on the requirements with regard to meeting the
sanitation standards of the Tompkins County Health Department. Mr. Liguori
commented that the operation of a campsite comes under Part 7 of the New
York State Sanitation Code and as such the camp must operate under a permit.
He advised that this permit may be revoked or suspended if the Health Dept.
finds that the campsite does not meet requirements, in all areas such as
garbage disposal, proper receptacles, sewage disposal, proper water supply
proper location in relation to sites and general cleanliness around the
campsite. Anything at all to do with sanitation and health.
He further atatalthat at this particular site sewage disposal
facilities planned are a concrete type privy with standard type toilet
seats, which type is approved and acceptable for camps of this type and
should operate without problems. A drilled well with a hand pump properly
cased, with proper facilities to carry run-off is planned. This water
has been tested and found to be acceptable. Both of these facilities are
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projects acceptable in so far se sanitation is concerned in places of this
sort. He advised that they had not yet issued a permit for the campsite,
but that as far as he could see it would meet requirements and a permit
would undoubtedly be issued. Questions and discussion from the floor were
asked for and a detailed report of this discussion is annexed hereto and
made a part hereof. Mr. Bower thanked Mr. Liguori for his courtesy in
attending the hearing and answering these questions.
Discussion from the floor then ensued and the question of how Y.
many districts could be incorporated in the 'area involved was asked.
Mr. Williamson answered that there will be just this one district - if
there are any more Planned Development Districts requested there would
have to be another amendment to the Ordinance. In answer to a question
Mr. Williamson advised that the 12' road requirement is on the property
of Lueders to be built by then and not by the township.
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A special meeting of the Town Board of the Town of Ulysses
was held on June 15th, 1964 in the Town Office Building. The
meeting was called to order by Supervisor Clifford E. Bower at
a.n0 P.H.
Members present wore: James.Rice, Justice of Peace, Ha.
Ellis and Hr. Colder, Councilmen end Mr. Rodman Fellows, Zoning
Enforcement Officer. Others present ware Mr. and Hra.Charles
Leader and other interested residents.
The proposed amendment to the Zoning Ordinance of the Town
of Ulysses to permit a planned development District No. 1 was
discussed and several minor changes were made which will be in-
corporated in a new draft of the Proposed Amendment to be pre*
seated at a Public Hearing.
It was moved by Mr. Golder, seconded by Hr. Ellis and
carried unanimously that a Public Hearing on the Proposed Amend-
ment bo held June 7.9, 1964 at 8100 P.M. in the Town Office
Building.
Meeting was declared, on motion, adjourned at 10:00 P.H.
Respectfully submitted,
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The question of the type of facilities used at Camp Barton, Camp Baliwick
and Camp Comstock was raised and Mr. Liguori stated that some of the faci-
lities at these camps are flush toilets and some are pit type.
Mr. Albanese raised the issue of whether or not consideration
had been given to problems of how these people were going to get to this
thing" in the middle of the night, and was advised that no problems were
anticipated, that the facilities were placed at what was considered a
safe distance. Mr. Thompson wished to know if there were provisions for
a light and was advised that if there were no lights provided the Health
Department would see that there was some form of lighting.
Mr. Bower asked if there was any further discussion in this
area and that if there was not he would like to move along. Mr. Liguori
was thanked for his assistance in answering these questions.
General discussion ensued, at which time one resident questioned
if this would help to maintain her taxes at their present level. Mr. Bower
stated that he would assume that it would help slightly, but that no one
really knows at this time. The question was pursued with the comment
would it increase or decrease the tax level. Mr. Bower answered that he
felt that was a matter of personal opinion. Mrs. Crass asked how much the
campsite would contribute to the present taxes payable in the Township and
Mr. Bower advised that he did not know. Mrs. Crass gave a statement with
regard to the width of the roads required and was advised that the Lueders
would be required to have 12' roads on their property.
STATEMENTS SOLICITED BY MR. ALBANESE
Mr. Albertsman: I recognize that you and the other Board
Members have a difficult decision to make. I do think that a group in
this community are quite sincere with regard to their feelings in relation
to the campsite. This is not a personal thing and personal feelings should
be kept out of it entirely. In the long term view I do not think it will
be favorable to the community. It is essentially a residential area with
some agriculture and I hope that as time goes on the area will continue to
develop in the residential trend. I feel that this campsite would not add
to the attractiveness of the community. I know that the Lueders would
maintain a good campsite, but I think that/the decision you men have to
make, and it is based also on how is
well we can present our case. We cannot freeze an area in the community,
but I think that the community will develop favorably in the residential
way, as it has, and having been zoned as this, we feel deeply that it should
stay this way. Frankly and honestly, I happen to be one of the two people
whose property adjoins this property, and I cannot see that it will prove
unfavorable to me immediately. I do believe that in the future of the com-
munity that this will not add to the general acceptability of the community
for future development. I am sure that any one concerned with the long
range view for a desirable residential area must feel this way. I have
given few facts , other people do have them, but my opinion is quite strong
on this point.
Mrs. McCarrick presented a map showing the area within 1/2 mile
radius of the campsite and within a mile radios of the campsite in support
of her opposition to the campsite.
Mr. Vann stated that he lives on Willow Creek Road and that
so far he had not said anything. "I have given it a lot of thought. 1
concur with Mr. Albertaman in what he says - that this is not a personal
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thing. I have come to the conclusion that it is detrimental to our
residential district and I want to go on record as being opposed to the
Proposed Development District Amendment".
Mr. Thompson: I am opposed to the campsite on two different
grounds - immediate and long range. I am not concerned with the immediate
effect of the campsite on property values. My immediate concerns are that
Kraft Road is likely to be an extension of the campsite between the loca-
tion on the map and Taughannock Park - that is where the major traffic
will be concentrated. I submit that even 12 cars per day , making four
four trips per day, would make a very significant change to Kraft Road.
The road will have to be materially improved and the blind corners made
no longer blind. At the moment our children play in comparative safety -
not in the road - but in activities that take them across the road. I
would like to think that this campsite would not endanger them, but I
don't know. In the long range view - the State of New York has now announced
that the area around Taughannock Park and Trumansburg will, in fact, be
devoted to forests and recreation. Those of us who are objecting to this
campsite, do not object to campsites in the Town of Ulysses, but feel some
reasonable plan should be used in choosing such a location. With regard
to assessed valuation in the township - the greatest value lies along the
highway towards Trumansburg and Taughannock Park. This is common practice.
Duboise Road, with the development of the new shcool, will ales be considered
a desirable residential area. This makes me believe that a hard, second
look should be given to this before the amendment is passed.
As stated in the minutes Mrs. Crass presented pictures in
support of her position in opposition to the campsite.
Mr. Wilfred Linsz: We are opposed to this development. We
feel that it will not benefit the Town of Ulysses in any respect. We
feel that if this thing is allowed to go through it will be the beginning
of many projects that businessmen will be proposing to build in the re-
sidential area instead of in the business area as provided in the Ordinance.
A question was raised by an unidentified speaker with regard
to the locations inspected - were eleven sites inspected as stated by
Mr. Cole: Mr. Albanese suggested that this was a statement not made by
the Board and that they could not properly answer it.
Mr. MacCarrick: My wife and I want to go on record against
this campsite, several of my main reasons have already been given. There
is also a lot of doubt in my mind about policing - how is this going to
be done. What guarantee is there to the people that do own property
that campers won't travel over their land and then have something happen
either to the campers or to the people that own the land.
Mr. Phillip Vann: I am opposed to the campsite because it
will devalue my property.
Mrs. Lutz: We know the Town Board and Planning Board become
annoyed with our neighborhood because it seems we object to everything
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that comes up. You can't expect any development to go through without
some objection and unless it is clearly evident to everybody that careful
planning has been done for a proposed development there is bound to be
protests because of the lack of confidence it creates.
Some people get the impression that the way the planned
development of the zoning ordinance has been handled amounts to spot
zoning which is to let anything be done to property that anyone has
an idea about doing. You say that you have carefully considered this
present proposed development, yet it certainly has not been made plain
to us that this has been done.
The ultimate question is what are the people of this town
going to make it into - for the forseeable future all indications are
that this side of the lake has great potential for growth - probably
residential because of the hospital, new highway, new shcool and the
possibility of a water district. But the town cannot expect good re-
a sidential development unless the planning board gives us confidence
that the resident owner is also protected. There is not only concern
about the present proposed development but what it does by setting a
precedent and establishing a pattern of development that may be regretted
later.
If we could have the assurance that planning has really been
done, that overall consideration and study has been made of the proposed
development and the area in which it is to be located then I believe
there would be enough community regard for the board to give support
for its proposals.
Now the Town Board is faced with making this important decision
that will have an effect on the future development of this town. I hope
the Board understands how vital it is to we homeowners and the farm
owners to have its protection, because after all you represent us too.
Mrs. John Sladish: We just built a new home and we both
feel we are against this campsite. We built there to be away from the
heavy traffic and I feel we are going to be disturbed with traffic.
Mr. Albanese then read a letter from Rebe Biggs Smith, which
was submitted to record, in which she stated that she was opposed to
the campsite from the standpoint of property devaluation.
Mr. John Moynes: I don' t have anything to say about the
campsite per se. I am not an immediate enough neighbor to assent or
object. I have missed your interim meetings and I am wondering if
some of the matters broughtup at the earlier meeting have been met.
Such as roads - again mentioned tonight. It seems obvious from the
pictures that the Town and County roads are less than what is being
demanded of the Lueders. It would seem to me that in order to go ahead
with this thing the Town should repair both of these roads so that they
are within the minimum requirements that the Lueders must meet. It
would appear to me as a taxpayer that I will be paying and the rest of
us will be paying for part of this - far in excess of additional taxes
coming out of the campsite.
Mr. Bower commented that these roods are in terrible shape
and it is planned in the very near future to repair them anyway. Kraft,
Road and Agard Road are both terrible , but we must spread the money
around, doing as much as we can on County roads. These are County
roads.
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Dorothy Adams: When we lost the railroad the assessment value
on it was $400,000. How much have we lost in taxes. Mr. Bower: The
assessed valuation was $200,000 and it will eventually all be written
off. We lost between $4,000 and $5,000 per year in taxes.
Mrs. Baker: I am opposed to the campsite. It is going to change
the essential character of nur rnmmnn!ty Which is rssidontial. Nead
has been stressed and I feel that the State does recognize the need and
is doing something about it. They have added 164 new sites this past
year in this area and they are asking for 275 next year, total. If they
get this many a good portion will be built at Fairhaven, Watkins Glen
and Taughannock. We have 173 or 174 people in our area, if this camp-
side project goes into effect there will be an average of 200 people
coming into our area. 200 transients against our 173. People who are
not part of our community, I definitely, strongly feel that this does
change the character of a community.
Mr. Thompson: I discussed Planned Development with Dean
in an attempt to understand what is involved in a Planned Development
District. My understanding is that it is a compromise, which is made
when you don't yet know what you want to put all your land in use for.
This postpones the day when you decide what your township is going to
be. I think that this makes sense in one way and that is that the Planned
Development District can be controlled even down to specifications. The
The Town Board already controls all the development. At the same time,
we all know and we all feel that the town has got to grow and the growth
should come in the interest of the total township and it does not come
from the Planned Development Ordinance. They do not need to inspect any
sites. Perhaps there should be a further compromise, a compromise within
a compromise, in which certain areas of a township or a city, depending
upon what the use is to be, are set aside in which Planned Development
may occur , with the rest of the township set aside for specific use. The
Town Board should recognize the lines of natural growth and set aside a
major portion of the township for residential areas. We are sympathetic
with the idea of bringing more money into Trumansburg and Taughannock
Park is the natural drawing card. It seems to some of us that the
Planning Board and Town Board should study the problem and develop
such a plan for a Planned Development Area while the rest of the town-
ship is left to its natural development. This seems a much more
valuable long term plan. If the Town Board and the Planning Board
changes personal there is no method under the ordinance to look at
alternatives , in other words there is no real planning.
Mr. Bower: It would seem that we should hear from any of those
in favor at this time, if the opposition has nothing new to bring out.
Mr. Albanese: I would like these statements arguing against
the amendment to be on record, so that this record may be used for
future purposes if found to be necessary. I have aksed several qualified
people to make statements with regard to the effect on the value of
the property. , and I will ask Mr. Vabse, a real estate broker, if
this camsite effects property values.
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0 Mr. Vasse: For the record I am a licensed real estate broker
and appraiser. With regard to the value of the adjacent property I
want to say that I have seen this area grow in the past 15 years in
a desirable manner and I feel that in the long run the presence of
a campsite will cause the town to lose rather than to gain.
Mr. Burns: I have bought, sold and rented property in this
area, and I might say that I looked over this property last weekend
and felt that there was some thought given to the location. I would
say it was between 2/10 and 3/10 miless off the main road. I felt
at first it would not have too great an effect on the value of the
property. I then drove in a mile radius of the area and an all the
made loading hn tha oran anti I Fnnl rn tl,nt nln the Krnct o,.nA
your artery towards the lake going east from the campsite, that the
property on this road would definitely be affected and there will be
a depreciation of property along this road. Parallel roads on either
side will not be affected that badly. I feel that thisis a desirable
area and with proper planning in the coming years can be a most de-
sirable area. If you put the Proposed Planned Development District
in a residential area you are not going to have it.
Mr. Groves: Why depreciation:
Mr. Burns: Because of the traffic on Kraft Road east to the
Blvd. I think that is meant to be a profitable operation and it won' t
stop at 12 campsites. The main problem will be traffic and road con-
editions. Property on parallel roads , which cannot see and will not
have contact with the campsite will not be affected as much as the
people on Kraft Road. On Kraft Road this will certainly not increase
the value of the property and it will change, it will not stay the
same. There is also a defnite stigma to trailers.
Mr. Thompson stated he felt Mr. Bryant had a point and that
the amendment was not being discussed - he stated he wish to consider
the fourth parapgraph, with regard to the detrimental effect of the
proposed use on the adjacent property.
Mr. Brower stated that he felt devaluation of the property
was an assumption and that if the area was built up into a heavy
residentail district you would have traffic problems.
Mr. Thompson stated he realized this, but that residential
traffic comes down in the morning and goes back at night. Campers
would be making more trips per day - to the park, to the store, etc.
Mr. Moynes commented on Mr. Bryent's statements that the only
people present were those in the immediate neighborhood and who wanted
campsites, but not in skean their area and also that the Board should
deal with facts. Mr. Moynes stated that the roads as they stand are
not sufficient and if the Board is to deal only with facts, that is a
fact they must deal with.
Mrs.MacCarrick stated that the usual community consisted of
an average of 200 people) but it the campsite came in there would be
23,800 people going through the community or if the camp was only
half full it would bu almost 12,000 people. We are not use to traffic
and want safe roads. I don' t see how the Board can feel this is not a fact.
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Mr. Vaasa read parts of an appraisal evaluation form and stated
that the use of adjoining property affected the value oY property. If the
campsite were passed it would affect the evaluation of the adjoining pro-
perty. Discussion ensued between Mr. Vasse and members of the audience
with regard to his stand on the nursing home along Trumansburg Road.
Dorothy Adams advised that originally the people in Caygua
Heights did not want the Community Corners, but that property value has
risen.
The question of who would have the right of way on the road
was raised and Mr. Bower stated that he could not say who would have to
give the right of way - a truck or a trailer.
Mr.MacCarrick stated with regard to Community Corners that it
is in the best interest of the community, because the community as a whole
uses it and benefits from it. He also raised the point that there is nothing
in the amendment to prevent people from leaving their trailers at the
campsite for the entire season and traveling back and forth to them at
their leisure.
Mr. Bryant stated that Mrs. Adams point with regard to Community
Corners was misconstrued. It is agreed now that Community Corners is a
service area, but at the time it was proposed the zoning board heard the
same arguments we are hearing here tonight. Now that it is there opinion
has changed.
Mr. Furman: "Builders near the Community Corners went bank-
rupt as a result of this operation - I beg your pardon, I mean Triphammer
Shopping Plaza - as soon as this was announced houses were sold far below
real value. It seems to me that - and I am not an expert on the value of
property - the value of a house depends upon how many people seek the pro-
perty. That we have a limited form of zoning in the Town of Ulysses at the
present time is obvious, because of this planned development district clause,
and under those circumstances it would seem to me that any real estate broker
in the Town of Ulysses would tout people away from here on the basis that
there may be a campsite setup nextdoor to him. A statement was made earlier
to the effect that there should be some planned development area established.
Let's gat the people in Ithaca, who are familiar with these problems and
have them help us develop an area in which all of this development could be
located. We would do a much more considerable business residentially -
incidentially, one family lining here permanently will bring more income
into the area than a campsite with 4u people.
Mrs. Lutz introduced a map on which the property was illustrated
with the full assessed value listed. This map showed the new housing and
indicated that the Town of Ulysses had a real residential potential. General
discussion ensued with regard to the assessed value of residential property
as oppoed to property utilized for other purposes.
Mr. M.Beach Stover remarked that a figure of $ 23,000 people
coming into the area was mentioned and this would certainly be a valuable
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asset. He also stated that he had property on Kraft Road and did not feel
it would devalue his property. Mr. Stover was asked where he resided and
replied that he did not live on Kraft Road.
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Closing Statement by Mr. Albanese: "I question Mr. Bryant' s
interpretation of the last hearing. I think that everybody knows we had
nothing to work on. What was there to decide when there was nothing to
decide on? Since that time this Amendment has been prepared. This is the
only time the people have been able to study this and discuss it."Mr. Albanese
then presented the following correspondence in record:
Statement from Dr. Hudson J. Wilson
Statement from Lewis Hughes
Statement from Raymond Kraft.
He went on: " My main point is that I don't think that there is a better
determination of what is going on here than that it is simply Lu show who 1
is against it and who is for it. Do I understand the Town Board and Planning
Board is basing their decision on letters from people who are not involved
and do not live in the area? These letters are not facts. There is no
doubt but what the Board has accepted the recommendation of the Planning
Board. I am not just going to repeat what our people have said. I go back
to the Planning Board. I think the Planning Board did this , which wasn't
exactly correct. The Planning Board has created a new zoning. You will
find that under Section 264 or 266 of the Town Law a Zoning Board shall
hold hearings berore making a recommendation to the Town Board. It would
teen nave reaiizea what is happening now, that there is no one in the area
that wants this. If they had done this there would have been no problem.
The Planning Board should have listened to the sincere arguments of these
people. These people, not the people in Trumansburg, are concerned. The
big problem with this thing is before it was brought to the people, it was
developed in such a way that a kind of crystalization of opinion between
the Planning Board and the Town Board was established and it is going to be
awfully hard to correct. If there had been a hearing by the Planning Board
this would not have happened. I do not see how this Town Board can ignore
this situation. There is a definite conflict between this statute and the
Trailer Park Ordinance. The definition or house trailers includes travel
trailers. This is not seasonal - this is 7 months, running from April 1 to
November 1. This is not seasonal. This is not temporary. Mr. Liguori's
information was not satisfactory and unless specified in the amendment is
not according to statute. There is no question about the Lueders maintaining
a good campsite, but what happens if they sell it? Iwant to mention one
point - important enough to bring up again - that this Planned Development
District is nothing but a subtefuge to get around property zoning. What
you are planning to do is pick out a little spot for developing for the
benefit of an individual with no relationship to the benefit of the corn-
munity. I am going to quote the case of Westchester Motels vs. Village of
Elmsford: "In action to declare amendment to zoning ordinance unconsti-
tutional complaint sufficiently alleges pecuniary loss in value of plaintiff' s
land to constitute them aggrieved parties to contest valddity of rezoning
ordinance - complaint also contains sufficient allegations to entitle
plaintiffs to trial as to their claim that ordinance was adopted only for
special benefit of owners of land rezoned, and that such rezoning was not
in accordance with comprehensive plan and represented "spot zoning".
This amendment is vague and cannot be enforced.
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II NOTnCE.OF REARING
O.
AFFIDAVIT OF PUBLICATION I PLEASE TAKE NOTICE that
County of Tompkins la Public Hearing will be held by r
State of New York 1 S B the Town Board of the Town of
Ulysses on the 29th day of June
o i19t'A, at 8:30 o'clock in the eve•
rS.. c:,. .. .n_.. being duly sworn deposes ning at the Town Hall on the
and says thnahe is cr 21 years of age, that she proposal for a Planned Develop-
tent District No. 1 for campresidesintheTownofUlysses, County and State sites and on the Amendment to
aforesaid the Zoning Ordinance to provide
for a Planned Development Din-
trict No. 1 for a camp elle area,
and that she Is aS-.+f3.k?.**A of the Free Press, a public pursuant to subdivisions 5 and
newspaper printed and pitllshed in the village of Tru• C of Section 9 of the,Town of
mansburg, Tompkins County, New York and that a Ulysses Zoning Ordinance, which
notice of which the annexed is a true copy was pub- amendment will provide for a
seasonal camp site on an area
o
Halted In the said paper •..1.tiNCIO `.',.,, =0" ,.... which will regulate said site and
contain specifications for same
19 relating to water facilities, gas-
bags and sewage disposal, num-
and that the first publication of the said notice was on bar of camp sites, location there-
h^-a- 19 .:X:S.... 1 lionsroads and fire safety rcgula-
PLEASE TAKE'FURTHER NO•
and the last on •h A..a.lg yv.,,, I TICE that at 8:00 o'clock on said
Subscribed and sworn be7ore me
thlsr
a r iLa QC
day a Public Hearing will be
held on the proposed Amendment
1 tc the Town of Ulysses Zoning
19.L f
Ordinance, Section 27, of said
ordinance to make the ordinance IrL.dS
IiI:.A: d:J?1'NO o3 t apply to farm residences.
it&I d „r Notary Public I Dated:
fune.l8 1084
AUCE,IXNOVER , 1tJtf
I tonlirlc in T .pk t ity
Towne!**
i By Order o f the Town Board \ y'mein) i:011•03 Gan h au, imir
aff®y.
415P—d (CO
REPORT OF DISCUSSION AND STATEMENTS AT PUBLIC HEARING - JUNE 29 , 1964
Questions addressed to Mr. Liguori:
That about trailers having their own independent type facilities? Mr. Liguori
reported that he felt that this type of trailer would not be allowed to use
their own facilities and that the receptacles could not be emptied at the
campsite. They would have to be emptied into a septic tank receptacle and
the planned facilities could not handle this kind of thing. When asked
how long the planned facilities would be adequate and usable Mr. Liguori
replied that it would be many years before the vault would be filled up.
Ic might successfully be pumped, but would probably have to be moved to
another site when filled up. With regard to the structure itself he advised
that it would be rodent proof and would have screening on the doors.
Mr. Albanese asked what kind of treatment would be used. The
reply was no treatment. Mr. Rice asked if this was the type of facility used 4
in State Parks and Federal Parks and was advised that it was.
Mr. Liguori was then asked how many times per season his department
would be inspecting the campsite and he advised that on the average of every
two to three weeks during the season.
Mrs. Baker pointed out that there were dairy farms bordering on
this property, and was advised by Mr. Liguori that there would be no sanitation
problem with regard to these farms. Mrs. Baker expressed the opinion that
the Health Department demanded many things of individual homeowners in
the are and that it seemed to her that they were outlawing some of these
requirements. Mr. Liguori advised that this was no so and that the type
of facility planned was approved and acceptable for a campsite such as the
one planned. Mr. Albanese questioned the number of such facilities needed
to handle 40 campsites and was advised that one such privy must be provided
for each 12 sites. Mr. Thompson asked if this then would limit the number
of campsites and was advised that the sites would be limited to the number
of facilities constructed. Mr. Rice raised the question of the number of
holes in each privy and was advised that it would be on large hole with
four seats. Mr. Thompson wanted to know what would be done to make it
rodent tight and insect proof. Mr. Liguori advised that this was a concrete
structure and that the doors would be either self-closing or screened.
Mr. Thompson asked why this type of facility had been planned and was
advised that it was probably a matter of economy.
Mr. Albanese asked if the permit was an annual permit and Mr. Liguori
stated it was not, but was continuing and issued once, unless suspended or
revoked, and that any changes made in the campsite would necessitate the
Lueders coming to the Health Department, since the plan is accepted on the
number of facilities at the time the permit is issued and changes or additions
have to be approved by the Health Department.
Once again the question of the dairy farms on the bordering land was
brought up and again Mr. Liguori expressed the opinion that this privy would
in no way affect the quality of the milk. Mrs. Crass inquired as to how far
from Willow Creek this would be and was told several hundred feet and advised
that if they are as far as 50 feet away they are safe.
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Mr. Albanese asked the permission and courtesy of the Board
to present additional information and additional statements from people
interested in the problem, which he wished to introduce into the record.
He stated that to make this as expeditious and orderly as possible he would
call on a few people and have them make short statements.
Statements were made in opposition to the campsite by Mr. Albertsman,
Mrs. McCarrick, Mr. Thompson, Mr. Vann, Mrs. Crass, Mr. Lintz, Mr. McGarrick,Mrs.Baker -
Phil Vance, Mrs. Lutz, Mrs. Slattish, Mr. Moynes and these are reported in
detail and attached hereto, and made a part hereof. In support of the
opposition to the proposed amendment a map was presented indicating the
area within 1/2 mile radius of the campsite and within a mile radius of
the campsite. This map indicated by means of colored pins and paper that
29 homeowners in the area are against the campsite and 7 are in favor.
This would indicate 79% against and 21% in favor. Also presented in support
of statements made in opposition to the campsite were 4 photographs with
respect to the condition, width and type of roads leading to and from the
campsite. This indicated width of the roads vary from 10'6" to 11' and
that they had blind corners.
Mr. Albanese then introduced Mr. John Vasse, Real Estate
Broker and Mr. Robert Burns , Real Estate Broker, and asked that they
present their views of the effect on surrounding property if the Proposed
Amendment was adopted. Both Mr. Vasse and Mr. Burns indicated that
they felt the property in the surrounding area would be devaluated by
the addition of a campsite. Discussion followed their statements and is
reported in detail and attached hereto.
Mr. Thompson asked for clarification with regard to Section 8
of the Proposed Amendment, and was advised by Mr. Williamson that the sign
authorized would have to be on the property of the Lueders and Mr. Rice
further commented that on Page 4 of the Zoning Ordinance the number of
signs and type was already regulated.
Mr. Bryant asked to be heard and made the following statement:
Usually when people give their opinions, at least in a court of law, they
are required to give a foundation for that opinion. We have no way of
knowing now what the future development is going to be. I think expressions
of opinion as to how the value of this property will go are not valid. I
am on the other side of a zoning matter in the Town of Ithaca and my opponents
say that the main argument used in all zoning hearings is that we are not
opposed to a "campsite" , we just want them where they affect the other
fellow. If it was some place else in the Township we would have different
people here and we would hear the same arguments. I wish to state that
the proceedings are out of order. The Ordinance in Section 9 , which we are
considering, outlines the steps for developing a Planned Development District.
We have gone on and on with various views on this matter. The Lueders , who
have had a great deal of experience in such camping, have given a great deal
of study to the situation. They have conferred with many people. They
presented a plan, as required by law, to the Planning Board. The Planning
Board reviewed this plan and recommended its use to the Town Board and a
hearing was held at which time all of these views were presented - pro and
con. The board discussed this in detail, they passed a resolution that
there was to be a Planned Development District. We are here to consider
this Amendment and nobody has addressed themselves to the specifications
of the Amendment. The question before the Board is whether this Amendment
should be adopted.
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Further discussion followed Mr. Bryant's statement and is
reported in detail and attached hereto.
Mr. Thompson addressed a question to the Board regarding
Section 9 of the Proposed Amendment with regard to what was intended
by a $50.00 inventory. In response Mr. Williamson advised that the
sale of firewood, charcola and other fuel would be permitted and that
there could also be an inventory of $50.00 consisting of supplies• for
the exclusive use of campers - this inventory not to exceed $50.00 at
any one time.
Mr. Albanese asked to make a closing statement and this
statement is reported in detail and attached hereto and made a part
hereof. He also introduced into the record the following correspondence:
Letter from Rebe Biggs Smith - Opposed
Petition with 73 names of homeowners in the Willow
Creak area - Opposed
Statement from Hudson .T. Wilson, M.D. - Opposed
Statement from Lewis Hughes - Opposed
Statement from Raymond Kraft - Opposed
In conclusion Mr. Albanese stated that the Amendment was vague and
impossible to enforce.
Mr. Rice asked for a clarification of the figures given
on the residents in the mile zone surrounding the Lueder property,
asking what per cent of those living in the area were included in the
figures. Mrs. McCarrick advised that 79% in the area were against
and 21% for the proposed amendment. In response to Mr. Bryant's comment
that a lot expressed no opinion, Mrs. McCarrick advised that only five
people in the area did not express their opinions, 5 homeowners had
no opinion, 7 were for the Amendment and 26 were opposed.
Mr. Bower stated that if there were no further comments
that he felt the hearing should be closed, and since this was not
a regular Board meeting and the Board had no official status at this
time that the Town Board would consider all information presented
tonight before making a decision. Since there were no further comments
from the floor Mr. Bower declared the Hearing adjourned.
Respectfully submitted,
Margaret M. Goodell
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SP5 .
The regular meeting of the Town Board of the Town of Ulysses
held July 8th, 1964, at the Town Office Building was called to order
by Clifford E. Bower, Supervisor, at 8:00 P.M.
Members present: Arthur J. Golder, Jr. , Larry Ellis, Francis
Potter, Justices James Rice and Dana Poyer. Robert I. Williamson, Esq. ,
attorney for the Town was also present. Approximately 40 interested
residents of the Town of Ulysses were in attendance.
The minutes of the Public Hearing held June 29th, were read
and declared approved as read. The Town Clerk reported that no cor-
respondence has been received.
Mr. Bower then stated that since most people were interested
in the Proposed Amendment to the Zoning Ordinance he would make this
the first order of business and read a statement as a preface to the
presentation of the Proposed Amendment, a copy of which is attached
hereto and m>?e a part hereof.
Mr. James Rice offered the following resolution and moved
for its adoption:
WHEREAS, a public hearing was held on the 29th day of June,
1964 at 8:30 in the evening thereof by the Town Board of the Town of
Ulysses, after due notice as required by law and Section 9 of the Town
of Ulysses Zoning Ordinance regarding the proposed amendment to said
ordinance for "Planned Development District No. 1", relating to seasonal
campsites; and
WHEREAS, the Planning Board and the Town Board have followed
the requirements of Section 9 of the Town of Ulysses Zoning Ordinance;
NOW THEREFORE BE IT RESOLVED, That the zoning ordinance
and map of the Town of Ulysses be amended to provide a new Section 9 ,
subdivision (a) - "Planned Development District No. 1" as follows:
Section 9-a - "Planned Development District No. 1"
1) This district shall be known as Planned Development District No. 1.
2) The purpose for which the district may be used is as follows:
a) Seasonal campsites. Seasonal shall be construed to mean from
April 1st to October 31st of each year.
b) Living accommodations for campers shall be either tents or
travel trailers. Travel trailers are defined as: "a vehicular
portable structure built on a chassis designed to be used as a
temporary dwelling for travel, recreational and vacation uses;
permanently identified travel trailer by the manufacturer on the
trailer; and when factory equipped for the road, having a body
not exceeding 8 feet and being of any length, provided its gross
weight does not exceed 4500#, or being of any weight, provided
its body length does not exceed 29 feet. By way of explanation,
this travel trailer is in contrast to the larger mobile home,
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a travel trailer being a smaller unit used for temporary recreational
purposes, pulled by the family car generally; mobile home being a much
larger unit which is not frequently moved and when moved, it is usually
pulled by a truck."
3) Area of the district. The area of said district shall be approximately
12 acres fronting on the Kraft Road in said Town, bounded and described
as follows:
COMMENCING at a point in the southerly line of Kraft Road, located
250 feet west of the northeast corner of premises owned by Charles Lueder
and wife; thence southerly along the line parallel with the east property
line of Lueder 800 feet; thence easterly 250 feet to a point in the easterly
line of Lueder; thence southerly along the east line of Lueder 400 feet to
a point 100 feet south of the center line of Willow Creek; thence in a
generally southwesterly direction along a line parallel to and 100 feet
from the center line of Willow Creek as it twists and turns to the south
line of Lueder; thence west along the south line of Lueder 350 feet to a
point; thence northerly 875 feet to a point; thence easterly along a hedge
row and fence line 250 feet more or less to a point; thence northeasterly
474 feet to an old hedge row; thence northerly 500 feet to a point; thence
westerly 150 feet; thence northerly 300 feet to the south line of Kraft
Road; thence east along the south line of Kraft Road 450 feet to the point
or place of beginning.
Reference is made to a map showing said premises incorporated as
a part of this amendment to the Ulysses Zoning Ordinance and made a
part hereof.
4) SPECIFICATIONS FOR CAMPSITES.
a) There shall not be more than 40 campsites in said district.
b) No site shall be closer than 50 feet to any other campsite.
c) No site shall be closer than 400 feet to the public highway.
d) No vehicle shall be parked closer than 400 feet to the public
highway for more than a two hour period.
e) No site shall be closer than 100 feet to the south and east
line of Lueder.
f) No site shall be further than 300 feet from toilet facilities.
g) The gate house shall be at least 200 feet back from Kraft Rd.
h) All roads within the district shall be at least 12 feet in
width; properly identified and marked with necessary warning
signs; at no point shall a road be closer than 100 feet to
Willow Creek.
i) Each campsite shall have a designated area for campfire and
be located , cleared and protected, in accordance with recom-
mendations of the Trumansburg Fire chief.
j) Fences or tightly grouped shrubs shall define the south and
east lines of the District so ns to effectively prevent travel
of campers upon adjacent property.
5) SEWAGE AND GARBAGE DISPOSAL.
a) Sewage and garbage disposal shall meet all requirements of
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the Tompkins County Health Department.
b) Rodent tight refuse containers shall be provided so that there
shall be a minimum of one container for every four campsites.
c) There shall be absolutely no dumping of any type of refuse
whatsoever in Willow Creek.
d) Garbage shall be picked up at least twice per week during the
1 111 months of June, July and August and at least once per week
during the remainder of the season.
6) WATER FACILITIES.
a) Drinking water shall be provided and conform to the Tompkins
County Health DEpartment's standards.
b) There shall be no bathing in Willow Creek.
7) MAINTENANCE.
a) The entire district shall be kept free and clear of all litter
and maintained in a neat and orderly manner.
8) SIGNS.
a) One sign or bulletin board not exceeding 18 square feet
in area is authorized referring to the use of the premises.
Said sign shall not be self-illuminating and the bottom of
said sign shall not be more than 5 feet from the ground.
9) COMMERCIAL SALES.
a) There shall be no commercial sales whatsoever in this district
except sales of firewood, charcoal or other fuel to be used
only for camp purposes, and an inventory of miscellaneous
items and dundries, not exceeding $50.00 in value, strictly
for the accommodation of campers using the camp.
AND BE IT FURTHER RESOLVED, That a copy of said amendment , includ-
ing the revised map, shall be entered in the minutes of the Town Board
and a copy of said amendment shall be published once in the Trumansburg
Free Press and a copy posted on the Town Sign Board and affidavits of
publication and posting filed with the Town Clerk.
Resolution seconded by Arthur J. Golder, Jr.
Questions and Discussion followed and a detailed report is attached
hereto and made a part hereof. After considerable discussion Mr. Rice
again called the question, stating that he accepted Mr. Golder's change
dealing with Item 4 (j) and was calling the question on the entire pro-
posed amendment. Mr. Bower then called for a vote of the Board members.
Resolution to adopt Proposed Amendment to the Zoning Ordinance was passed
unanimously.
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Mr. Bower advised that he had been contacted by Mrs. Roy Calle , re-
presenting the Community Council, asking for assistance from the Town Board
with regard to the removla of junk cars from the property of BLl1 Schupp on
Route 96. Discussion followed and is reported separately and attached hereto.
It was decided to advise Mrs. Calle that the Board would have a form agree-
went prepared for signature of property owners and that the Board would
cooperate to its fullest.
Mr. Alfred Graham,representing Jacksonville Community
Association stated that they had approached the Town Board previously for
assistance in installing a fire hydrant on the Main Street in Jacksonville ,
but that the membership of the Board had changed and he wished to again
present their problem. The Community Association is willing to furnish
all materials and the hydrant if the Town Board will lend assistance to
dig the ditch and connect the pipe - linking the pond with the hydrant.
It was indicated by the Board that they felt the actual installation of
the hydrant should be done by an experienced plumber. Mr. Bower then made
it a matter of record that the Town Board is in favor of assisting on this
project.
Mr. James Rice offered the following resolution and moved for its
adoption:
RESOLUTION - AMENDMENT TO TOWN OF ULYSSES ZONING ORDINANCE.
WHEREAS, a public hearing was held on the 29th day of June 1964
at 8 o'clock in the evening thereof by the Town Board of the Town of
Ulysses, pursuant to notice, as required by law, to amend Section 22 of
said Ordinance to eliminate the word "not" in Section 1 of said section;
and
WHEREAS, no one appeared in opposition thereto; now therefore be
it
RESOLVED, that Section 1 of Section 22 of said ordinance be amended
to read as follows:
Section 22. Farms exempted from Regulations. A farm, as defined
in Section 1. wherever located and without regard for the district
in which it is located as shown on the Zoning Map, shall he exempt
from the requirements of this ordinance as long as it is used as
a farm, as defined. This exemption shall*not apply to any building
on a farm except those used for residence purposes. When a farm
or any part thereof is used for any other purpose, the part used for
such other purposes shall be subject to all the regulations herein
for the district in which it is located.
eliminated word is underlined.)
AND BE IT FURTHER RESOLVED, That a copy of said amendment shall be
entered in the minutes of the Town Board and a copy published once in the
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M.
Trumansburg Free Press and a copy posted on the Town Sign Board; and
affidavits of publication and posting filed with the Town Clerk.
Seconded by Mr. Foyer. No questions or discussion. Resolution unanimously
passed.
Mr. Rice raised the question of the harvesting of timber planted
on county lands by federal agencies and wanted to know if the County was
planning to do this in the future. Mr. Bower advised that at the present
time the county was thinning and taking timber, on recommendation of a
forester and that there were several hundred acres to be done at the present
time.
Mr. Golder brought up the matter of a flag for the Town Office
Building, and advised that one had been borrowed from the Village which
flew on the 4th of July. The Town does not have an up-to-date flag
to hand and he asked if it would be possible for the Board to authorize
the purchase of a new flag and make arrangements to have it put up on
appropriate days. Mr. Bower stated he felt it would and asked Mr. Rice
to assume the responsibility of getting a flag.
Mr. Ellis inquired if all the vacancies on the Planning and
Appeals Boards had been filled. Mr. Bower advised that we must still
have a Zoning Enforcement Officer, and asked if anyone had thought of
someone to serve in this capacity. Mr. Rice asked what the remuneration
would be and was advised that it was $5.00 per hour, plus mileage, and
that it was Mr. Bower's understanding that Mr. Fellows had earned about
300.00 during the past year. Mr. Bower asked the members to keep this
problem in mind and feel out any prospects they might find.
Mr. Bower then called for any additional business and stated if
there was none the Board would proceed to the bills.
General Bills No. 68 thru 83 and Highway Bills No. 72 thru 79
were presented. Motion was made by Mr. Ellis to pay the bills as pre-
sented. Seconded by Mr. Poyer. Motion carried unanimously.
Mr. Bower then said if there was no further business he would
entertain a motion to adjourn. Motion was made by Mr. Golder, seconded
by Mr. Rice and unanimously carried.
Respectfully,
Margaret M. Goodell
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