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HomeMy WebLinkAbout1964 Minutes amending zoning adding Development District 1SC tPue bTw n HeorUny was,hed sn Jt unte Nh e 1o64H ean inhe pTuwn sOfd ice Building in 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 111 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. 1- r t 5•.. : G it 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, rl 1 O CR 2 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 3- 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 C 0644e 4- 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. 5- 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. 61E 6- I'1% 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. 7- 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 P 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. 111: 1; 131.5 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. 0 m t 1 4. 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. 1- c 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. 2- i: AN fen' 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 3- 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, 1.- t .b 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 2- 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. 3- tinae ti. AO 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 4- I . 032 lea 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 5-