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HomeMy WebLinkAbout2017-07-18-PB-FINALTOWN OF ULYSSES PLANNING BOARD MEETING MINUTES Tuesday, July 18, 2017 Approved: August 15, 2017 Present: Chair David Blake, and board members Rebecca Schneider, David Tyler, John Wertis, Sara Worden, and board alternate Benjamin LeWalter; Town Planner Darby Kiley; Town Board Liaison Rich Goldman. Public in Attendance: Bryon and Kim Moore. Call to Order: 7:00 p.m. Agenda Review; Minutes Review: (06/13/17 and 06/20/2017) Mr. Blake requested the Planning Board consider a flag -lot request, depending on time. Mr. Tyler MADE the MOTION to add the flag -lot request to the evening's agenda, and Mr. Wertis SECONDED the MOTION. The motion was unanimously carried. Mr. Tyler offered a change to the June 13 meeting minutes. Mr. Tyler MADE the MOTION to accept the amended June 13, 2017 meeting minutes, and Mr. Blake SECONDED the MOTION. The motion was carried, 4-0, with Ms. Schneider abstaining from the vote. Ms. Schneider MADE the MOTION to accept the June 20, 2017 meeting minutes, and Mr. Blake SECONDED the MOTION. The motion was unanimously carried. Privilege of the Floor: No one from the audience addressed the Board at this time. Sketch/Site Plan and Development District Revision: Consideration of sketch plan/site plan and development district revision for DD -8 Moore's Outboard Sales and Service referred to the Planning Board by the Town Board. The applicants would like to revise the current zoning language to reflect the needs of the business. The property is located at 3052 Dubois Rd; Tax Parcel Number 32.-2-8.22. Kim and Bryon Moore, owners/applicants. Ms. Moore — of 3440 Perry City Road — gave a presentation about the business, its history and its current needs. The business has been in the Moore family for three generations, and, in 2013, Kim and Bryon purchased it. She highlighted the couple's close ties to the area, their belief in giving back to the community, and noted their tax contributions as property and business owners. Having reviewed the Town's Comprehensive Plan to determine how the business fits within Town goals, Ms. Moore said her business supports tourism, since boating is a notable local industry. Probably 85 percent of customers are repeat customers; roughly 50 percent come from Planning Board 2 July 18, 2017 outside of Tompkins County. When the Moore's purchased the property in 2013, they were not made aware of the Development District terms. It was only last year, when the business expanded its parking lot and fielded a complaint, that they were informed they were out of compliance in two areas. The applicants have requested several changes to the Development District terms, including increasing the number of allowable stored boats from five. The Moore's said the business needs to store more boats in order to remain viable. Plus, there is a need for boat storage in the area now that other local storage businesses are either in the process of changing hands or closing up entirely. When the Moore's expanded their storage lot area, they removed several dead pear trees on their property. A neighboring house sits on an unusually shaped parcel. The Moore's own halfway into the front yard of this neighboring parcel. Once the dead trees were removed and the parking lot expanded, the Moore's planted a row of arborvitae trees to serve as a visual buffer between the neighboring house and the lot. Ms. Moore said they would like to remove language from the terms that prohibits them constructing any new buildings. At this time, Mr. Tyler — who served as Planning Board chairman in the early 1990s, when the Moore's Development District was established — provided a history of how the Planning Board made its decision. In 1991, Mr. Moore's father proposed an application to relocate to the Dubois Road site, and the Board opted to form a Development District. The thought was the district would help a locally owned business in Town, even though all of the surrounding properties were residential. Ms. Schneider said the earlier decision required storm drains on the property be sealed off, an indication that the potential for pollution was a concern then as it is now. Ms. Moore said a septic system was installed, and the business has storage containers where oil and gas waste is stored and eventually picked up and disposed of by another company. Ms. Schneider stressed that the requested changes are very different from what was initially granted. The company is expanding to store nearly 100 boats on-site, which is practically light industry; it is common for marinas to have toxic soils. There are also important natural areas around the business — a Conservation Zone, unique natural areas, and an MS4 located downslope, all of which were designated since the 1991 decision. Mr. Tyler said the Town bears some responsibility for the Development District. The property was originally an orchard and lawnmower repair shop. At the time, the outboard business was consistent with what was there before. Mr. Tyler left the meeting at 7:33 p.m. In regard to concerns of on-site pollution, Mr. Wertis asked about the amount of work customers do on their own boats while at Moore's. Mr. Moore said most customers simply clean them. Ms. Moore added the business is limited on what work can be done outside the building. For instance, there is no painting or fiberglass work; those activities are contracted out. Moore's mostly handles the mechanical side — removing shrink wrap, checking fluids and lights and servicing engines. Ms. Schneider reiterated concerns about the business's proximity to a permanent stream and sensitive natural areas. The soil type is something the Planning Board evaluates, she said. She asked about runoff. Mr. Moore said the business does get water runoff from the driveway but nothing that is excessive. Ms. Moore said they would be fine with any soil testing on the property. She also explained the business arrangement concerning Moore's: Mr. Planning Board 3 July 18, 2017 and Ms. Moore own the company — designated as a corporation — and lease the property back to the business entity. Mr. Wertis MADE the MOTION to open the sketch plan, and Mr. Blake SECONDED the MOTION. The motion was unanimously carried. Ms. Moore provided information on the neighboring property. The applicants planted 12 arborvitae trees in back of the neighboring property to block views of the Moore's boat lot. The arborvitae are a fast-growing tree but are not deer resistant. Culverts on the Moore parcel are causing flooding, and some of the land near the southern stream has been lost to erosion, she said. There have been no other complaints other than from the nearest neighbor. Ms. Moore said she understands the neighbor's concerns but ultimately the Moore's needed to expand in order to keep the business running. Ms. Schneider requested larger -scale maps and topographical maps of the entire parcel. The maps should show elevations and the nearby stream as well. Mr. LeWalter asked for clarity concerning the process of boat winterizing. Mr. Moore said winterizing entails removing boat fluids and shrink-wrapping, which takes place inside the building. Roughly 10 boats are stored inside. In the summer, at the customer's request, a boat will be brought out, its shrink wrap removed and batteries reinstalled. They will then start up the boat motor. In total, it is about a two-hour process, he said. The business hardly handles antifreeze. Ninety to 95 percent of work is done outside, on the south side of the building, he said. After a question from Mr. Wertis about possible areas of contamination, Mr. Moore said the business has a 275 -gallon tank for lube and oil, and gas is located on the backside of the building. The only disposed gasoline comes from boats that have not been run in five years or so. The Moore's said they pay a premium for an outside company to dispose of such gas. When changing out oil, any leaked oil remains in the boat, he said, adding that he has never had a boat spill out all its oil. The Moore's have requested changes to language concerning hours of operation, specifically wording on noise. They would like quiet hours to be from 8 p.m. to 8 a.m. Ms. Moore said they will not be open on Sundays, and they alter their hours during the off season. Mr. Moore said they have requested this change because they do not want to feel like they are "boxed in". Motor noise was briefly discussed. When doing boat maintenance, Mr. Moore said he runs a boat engine for about three to five minutes. Ms. Kiley offered to work on language concerning noise, but Ms. Schneider requested further discussion, and the Planning Board continued its deliberations. Ultimately, after reviewing submitted property maps, Board members requested further information regarding location of septic and water wells, stream location, parcel boundaries and Development District boundaries. The Planning Board then turned to signage. Since Moore's occupies its own Development District, Ms. Kiley said it is up to the Planning Board to decide how many signs will be permitted. Ms. Moore said some of the current signs are required under terms with certain boating -related companies, while others are not. Some of these signs can be moved to the other side of the building, Mr. Moore added. Asked about any future renovation plans, Mr. and Ms. Planning Board 4 July 18, 2017 Moore said they would like to renovate the building, add a new roof, and repaint. Mr. Goldman felt that since the Development District is located inside a residential area, the signage should not be any larger than what is stipulated in a commercial Business District. Ms. Kiley noted that in the Town's Business District freestanding signs are limited to no more than 24 square feet, and facade signs are limited to 64 square feet. Responding to a question from Ms. Schneider, Mr. Moore said the only gasoline on-site is stored in small containers, like those used to fill a lawnmower. Ms. Schneider then asked about the potential for any legal challenge if the Town chose not to act on the complaint, which was filed by the neighboring tenant. Ms. Kiley said the Town Attorney is involved and that the matter cannot be put off until the winter because there is a cost to enforcing zoning law. The Planning Board reached a consensus to leave the sketch plan open and readdress the Moore's Development District once requested documents have been submitted. The Moore's left the meeting at 8:50 p.m. Close Flat Lot Ms. Kiley said Ms. Close intends to have a house built for her on a parcel that was subdivided off from her son's lot a year or two ago. The house appears to meet all setbacks. Ms. Close has a septic permit already, and Ms. Kiley said she did not want to delay house construction. Ms. Schneider felt she did not have the appropriate materials to make a decision on the proposal tonight. Ms. Close is a senior trying to build a house, and Ms. Kiley said she did not want to ask her to hire an engineer. In the past, flag lot reviews by the Planning Board have been relatively fast. Mr. Wertis felt the Planning Board could vote on the matter if there are no nearby creeks or unique topographical features. Mr. Wertis MADE the MOTION to approve the resolution, and Mr. Blake SECONDED the MOTION as follows: WHEREAS: 1. This is consideration of Site Plan Approval for a Single -Family Residence on a flag lot located north and east of 4236 Cold Springs Rd, Tax Parcel Number 20.-3-7.1, R1 -Rural Residence District; Lorna Close, owner; and 2. On July 18, 2017, the Planning Board has reviewed and accepted as adequate, application materials including the site plan and other application materials; and 3. The construction of a Single -Family Residence is a Type II action which does not require the preparation of a determination of significance; THEREFORE IT IS HEREBY RESOLVED, 1. That the Planning Board of the Town of Ulysses hereby waives certain requirements for Site Plan Approval, including a public hearing, having determined from the materials presented that Planning Board 5 July 18, 2017 such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town; and 2. That the Planning Board of the Town of Ulysses hereby grants Site Plan Approval for the proposed Single -Family Residence on a flag lot, as shown on the application materials. Ms. Schneider asked if the Planning Board was comfortable voting on a project without appropriate information on, for example, location of septic, setbacks and buffers. Ms. Kiley agreed with Mr. Goldman's statement that the person issuing the building permit checks to assure all setbacks are being met. Mr. Wertis motioned to call to question. The vote was as follows: Mr. Blake AYE Mr. LeWalter AYE Ms. Schneider AYE Mr. Wertis AYE Ms. Worden AYE Result: Resolution approved In a brief Town Board Liaison report, Mr. Goldman said the Town has finally closed on the old church in Jacksonville. Ms. Schneider MADE the MOTION to adjourn the meeting, and Mr. LeWalter SECONDED the MOTION. The motion was unanimously carried. Meeting adjourned at 9:07 p.m. Respectfully submitted by Louis A. DiPietro II on August 7, 2017.