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HomeMy WebLinkAbout2017-12-19-PB-FINALTOWN OF ULYSSES PLANNING BOARD MEETING MINUTES Tuesday, December 19, 2017 Approved: January 16, 2018 Present: Chair David Blake, and board members Benjamin LeWalter David Tyler, John Wertis and Sara Worden; Town Planner Darby Kiley; Town Board Liaison Rich Goldman. Mr. LeWalter was named a voting member in place of Rebecca Schneider, who was excused. Public in Attendance: Bryon Moore, Kate Millar of Renovus, Michael Boggs, and Roxanne Marino. Call to order: 7:00 p.m. Agenda Review; Minutes Review (12/05/17) Mr. Tyler MADE the MOTION to accept the December 5, 2017 meeting minutes, and Mr. Wertis SECONDED the MOTION. The motion was unanimously carried, 5-0. Privilege of the Floor: No one addressed the Board at this time. Consideration of landscaping plan cost estimate for 7107 Jacksonville Rd. The trees proposed south of the solar panels and north of Agard Rd are planned to be planted in spring 2018. In order for the project to receive a certificate of compliance, the site plan improvements must be complete or the Planning Board can approve the cost estimate for the improvements and the applicant will deposit with the Town a certified check for the amount of the improvements. Finger Lakes Grassroots Festival Inc., Owner; Renovus, Agent for the owner. Ms. Millar said several large trees have already been planted at the Jacksonville Road solar installation, but the south side plantings – on the Agard Road side – have not. Renovus would like to delay the plantings until the spring, when the weather and ground conditions are amendable to saplings. Mr. Wertis noted white spruce trees are some of the most deer resistant trees, but they will need watering. Who is responsible for watering? Renovus would be responsible. After a brief discussion between the Board and Ms. Kiley, consensus was reached to add a line to the proposed resolution, calling for the replacement of any trees that die. Mr. Wertis MADE the MOTION to accept the additional language and approve the resolution, and Mr. Blake SECONDED the MOTION as follows: WHEREAS: 1. The Planning Board approved the planting plan for the Renovus solar project located at 7107 Jacksonville Rd on October 4, 2016; and Planning Board December 19, 2017 2 2. The project has been installed and is ready for a Certificate of Compliance, and the plantings shown on the planting plan (PP-2, dated 9/27/16) cannot be planted this fall; and 3. Section 212-19(I)(3) of the Town of Ulysses Zoning Law allows a Certificate of Compliance to be issued when all improvements on the approved site plan are not completed if a deposit is made by the applicant with the Town Clerk of a certified check in an amount set by the Planning Board to cover the full cost of the required improvements; and 4. The applicant received a cost estimate of $5,300 to complete the work shown on planting plan PP-2; and THEREFORE IT IS HEREBY RESOLVED, 1. That the Planning Board of the Town of Ulysses approves the cost estimate of $5,300 for the costs associated with the plantings as shown on the approved planting plan PP-2, dated 9/27/16; and 2. Prior to a Certificate of Compliance being issued for the solar project, the applicant shall deposit with the Town Clerk of a certified check for $5,300, which will be returned to the applicant when the required improvements are completed to the satisfaction of the Zoning Officer; and 3. The Planting Plan shall be completed by August 31, 2018. 4. if any trees, as shown on the planting plan, PP-2, die during the duration of the lease, the tree(s) will be replaced with tree(s) of a similar species and dimensions as the dead tree. The vote was as follows: Mr. Blake AYE Mr. LeWalter AYE Mr. Tyler AYE Mr. Wertis AYE Ms. Worden AYE Result: Resolution approved 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. Kiley provided an overview of procedure. If the Planning Board is comfortable with the proposed Development District language, it may then send it along to the Town Board for Planning Board December 19, 2017 3 adoption. The Planning Board will need a surveyor to measure off the precise distance from the Moore’s building to the existing stream and include those figures on the surveyor map, which would then be referenced within the Development District’s zoning language. In the meantime, the Planning Board can formally vote on recommending the zoning language and the attached resolution, she said. Mr. Wertis MADE the MOTION to recommend zoning language changes to the Moore’s Development District and to forward it along to the Town Board for formal action. Mr. Blake SECONDED the MOTION. Discussion ensued on the concerns associated with the draft language. Mr. Wertis’s only reservation was with a note within the resolution that said the marine is in close proximity to the lake, when in fact it is a good mile or so away. He proposed replacing the line in question with “Moore’s provides a convenient facility for storage of local boats.” His fellow Board members were in consensus agreement on the change. Responding to a question from Mr. LeWalter regarding catch basins for oil, Mr. Moore explained all lubes and oils are pumped into a large waste tank – located inside the building – and an outside company pumps out the oil and recycles it off site. Engine oil, power-steering fluid and dry lubes – these are the only oils we are dealing with, he said. Mr. LeWalter expressed reservations with the proposed quiet hours. He felt the 8 p.m. cut off for noise may be too lenient, considering Moore’s is located in a residential neighborhood. Are we comfortable in permitted noise up to 8 p.m.? he asked. Ms. Worden felt similarly. Mr. Moore said working up to 8 p.m. is not a daily occurrence at the business. Summer is the most hectic season of the year, and there are occasions when maintenance work happens after store hours. Boat engines need water, so that work takes place outside. However, engines are run in short intervals and are no louder than a lawnmower. The shop is closed on Sundays, and no work is done outside after dark, he said. The Planning Board would return to the subject of whether or not to hold a public hearing on the draft language. In regard to signage, Ms. Kiley said Moore’s currently has 68.5 total square feet of signage. After discussing, 64 feet was offered as the maximum allowable square footage for the Development District. Mr. Wertis MADE the MOTION to limit the maximum allowable square footage for signage in the Moore’s Development District to no more than 64 square feet, and Mr. Blake SECONDED the MOTION. The motion was unanimously carried, 5-0. Next, the Planning Board addressed the minimum buffer to the existing stream, and edited language within the proposed resolution to reflect the Board’s recommendation that the applicant maintain the existing vegetative buffer along the property’s southern boundary and maintain a vegetative buffer east/downhill from the site. Planning Board December 19, 2017 4 Mr. Wertis MADE the MOTION to amend the resolution to strike language from the fifth Therefore, and Mr. Blake SECONDED the MOTION. A friendly amendment was proposed to this motion, which Mr. Wertis accepted. The motion was unanimously carried. Further, additional changes were made to the resolution, particularly in the second and fifth Therefores. Scheduling a public hearing was also discussed. Ms. Worden and Mr. LeWalter expressed their recommendation that a public hearing be held. However, as with any change in Town law, the draft language will be subject to a public hearing at the Town Board level anyhow. For the Planning Board to hold its own public hearing would be duplicating efforts, Mr. Blake noted. Mr. Tyler MADE the MOTION to pass the recommendation for approval for the Moore’s Development District zoning and approve the resolution, and Mr. Blake SECONDED the MOTION as follows: Recommendation for Town Board approval of revised language for Development District 8-Boat sales, service and storage located at 3052 Dubois Rd Whereas 1. Development District 8, located at 3052 Dubois Rd, was created July 18, 1991 and has not been revised to meet the needs of the business; and 2. In response to complaints, the Town of Ulysses and property owners have been working together to update the development district language; and 3. Following the procedures in the Zoning Law §212-20, on June 13, 2017, the Town Board referred the rezoning request to the Planning Board; and 4. The Planning Board reviewed the site plan and revised language at meetings held on July 18, 2017, October 17, 2017, December 5, 2017, and December 19, 2017; Therefore be it resolved that the Planning Board recommends Town Board approval of the proposed language changes and makes this recommendation by considering the criteria listed in zoning law §212-20 A (b) [1-5] where 1. The need for the use: Moore’s Marine has been in the community at this location for over 25 years and meets the boat servicing and storage needs for our lakeshore community; 2. As an existing use, the location is a convenient storage facility for local boaters; 3. Regarding compatibility with the neighborhood, the owners recognize that this is a residential area and keep boats stored behind the building; Planning Board December 19, 2017 5 4. The property owners will mitigate possible detrimental effects on the neighborhood by having no mechanical sound from the facility between 8 pm and 8 am, storing the majority of the boats east of the building, and an existing buffer of pines on the northern boundary of the property; 5. To protect the environmental quality of the site, the property owners will use best management practices when working on boats, will maintain existing vegetated buffer along the stream on the southern boundary, and will maintain a vegetated buffer east/downhill of the site. Be it also resolved that the Planning Board approves the site plan as shown on 9/6/2017 TG Miller P.C. Survey Map Showing Development District for “Moore’s Marine” Located at No. 3052 Dubois Road, Town of Ulysses, Tompkins County, New York as revised to show dimensions of boat storage and servicing areas. The vote was as follows: Mr. Blake AYE Mr. LeWalter AYE Mr. Tyler AYE Mr. Wertis AYE Ms. Worden AYE Result: Resolution approved The suggested draft to the Moore’s Development District, approved by the Board in the above action, is as follows: Article XIX Development Districts § 212-116 Purpose. The purpose of the Development District is to give flexibility to this chapter in order to accommodate such developments which would be beneficial to the community but which are not now permitted in any established zoning district. These developments must not be contrary to the Ulysses Comprehensive Plan or this chapter. § 212-117 Establishment. Any Development District established after the adoption of this chapter shall be established in accordance with the procedures set forth in Article III, § 212-20. § 212-118 Existing development districts. NOTE: The following Development Districts were established prior to the adoption of this chapter and shall remain in effect as set forth below. H. Development District No. 8: Boat sales, service, and storage (formerly Development District No. 19, created July 18, 1991). (1) Allowed uses. The purposes for which the district may be used are as follows: (a) Sales and service of small marine motors, boats, and accessories. Planning Board December 19, 2017 6 (b) Storage of boats. (2) District area and boundaries. BEGINNING at an iron pin set near the easterly road line of Dubois Road 30 feet north of center line of creek culvert which defines the southwest border to Tax Parcel 32-2-8.22 and continuing northerly 184 feet along the center line of Dubois Road to an iron pin along the easterly road line of Dubois Road; then continuing 220 feet easterly and perpendicular to Dubois Road to an iron pin,; then continuing 125 feet northerly and parallel to Dubois Road to an iron pin; running thence 380 feet easterly and perpendicular to Dubois Road to an iron pin, then continuing 309 feet southerly and parallel to Dubois Road to an iron pin; and thence returning 600 feet westerly and perpendicular to Dubois Road to the iron pin marking the point and place of beginning; conveying 3.14 acres. (3) District specifications. (a) The existing building is to be used for business. Well and septic systems are to be maintained according to Tompkins County Health Department requirements. (b) No mechanical sound shall emanate from the property before 8:00 a.m. or after 8:00 p.m. (c) Maintain existing parking on front and side of building. (d) Boats waiting to be picked up and/or serviced will be permitted on the 25 foot by 100 foot lot on the north side of the building, on the 50 foot by 150 foot lot on the south side of the building, on the 25 foot by 50 foot lot on the east side of the building, and on the 150 foot by 175 foot lot located on the lower lot/east side of the building. Outside storage of boats shall be permitted on the 50 foot by 150 foot lot on the south side of the building, and the 150 foot by 175 foot lot located on the lower lot/east side of building (see approved site plan on 9/6/2017 TG Miller P.C. Survey Map Showing Development District for “Moore’s Marine” Located at No. 3052 Dubois Road, Town of Ulysses, Tompkins County, New York as revised on DATE NEEDED). (e) Area around building to be kept clean with no outside storage other than boats with or without motors and trailers. (f) Signs: One freestanding sign not to exceed 18 square feet. For sign(s) attached to the building, the cumulative square footage shall not to exceed 64 square feet. Signs required by New York State are not included in the area calculation. Sign illumination shall follow sign standards in §212-122. (g) Exterior building lights, sign and security lights are permitted, subject to the provisions of Article XX, § 212-123. One pair of floodlights on each side of building shall be allowed. Lighting is to be cast in a downward direction so as not to constitute a hazard to drivers and an annoyance to neighbors. (h) Used gear lubricants and motor oils shall be stored in a tank or tanks not to exceed 1,000 gallons, which shall be pumped when full by an authorized handler of petroleum waste material. There shall be no liquid or solid waste disposed of on the property other than that authorized by the Tompkins County Health Department. (i) The construction of any other buildings within the Development District shall be considered an additional and further use for which an application must be made to the Town Board pursuant to Article III, § 212-20. (j) A vegetated buffer 100 feet wide shall be maintained on the eastern boundary of the Development District. Planning Board December 19, 2017 7 (k) Engine/boat maintenance and repair involving lubricants, oils, or other hazardous materials shall be performed over a permanent or portable impermeable surface with sufficient capacity to collect the maximum volume of liquids used during the maintenance/repair work. Spills shall be cleaned up according to best management practices. (l) No edible plants shall be grown for human consumption without first testing the soil for contaminants. Mr. Moore left the meeting at 8:01 p.m. Draft zoning discussion Ms. Worden asked when all involved stakeholder groups would be meeting together. It seems all involved boards and committees are communicating only via email. Mr. Wertis reiterated his concerns that statistics relative to annual housing starts is far lower than the 10 per year often cited by the consultants. There has been consistent complaints from the Ag Committee that has requested the Town clearly show data that demonstrates how the current zoning is failing to balance residential development with the needs of agriculture. Thus far, it is only an assumption that has been built into the whole review process. Ms. Worden said she has heard from small businesses and farmers that the proposed zoning update would make doing business in the Town impossible because of costs associated with complying with Town standards, like for parking and aesthetics. Ms. Kiley said minimum parking requirements, for instance, have been removed from the proposed zoning. Further, several areas in the zoning proposal that have been cited as impediments to small businesses and farmers are actually existing parameters within the current zoning document. Mr. Wertis circulated a resolution he drafted. He requests the Town slow down with the zoning update and get necessary data. There has not been any discussion or statistics on how the proposed zoning will impact the Town years from now. Consultants have modeled their zoning strategy after Lancaster County, Pa., which happens to have a large Amish population and a robust Purchase of Development Rights program, which the Town of Ulysses does not have. He also questioned the Zoning Update Steering Committee (ZUSC) process, calling for more involvement from farmers. Mr. Blake said the proposed zoning update is a planning document, intended to shape future development. Ms. Worden agreed with Mr. Wertis, saying it seems the Ag Committee is not being heard. Resolution Mr. Wertis MADE the MOTION to approve the resolution, and Mr. Blake SECONDED the MOTION. Several changes were made, with Mr. Blake offering friendly amendments to remove two Therefore statements. Mr. Wertis accepted the friendly amendments. The motion was as follows: Whereas the ZUSC and the hired consultants have been charged with examining the zoning in the A-1 Zone as to its success in “balancing the needs of agriculture with residential development”, to examine other forms of zoning, and to make proposed changes if some other form can be reliably predicted to better accomplish the stated town goal, and Planning Board December 19, 2017 8 Whereas the Ulysses Planning Board has been presented data that challenges the basic assumptions made in the process that has led to the promulgation of certain recommendations for revising the zoning in the A-1 Zone. And whereas this data appears to have some merit; we therefore recommend that the Town Board request the ZUSC to do the following: 1. Demonstrate by accurate statistical analysis the rate at which farm land has been converted to developed land in the Town of Ulysses while Euclidian limits to residential subdivision have been in place. (Percent of farmland lost/year?) 2. Review professional planning literature, identify where density averaging form of zoning has been in place and the elements that experience has shown are necessary for it to be judged a success locally 3. “Publish” the results of these studies to make the information readily available to all the citizens of the Town of Ulysses and provide time for adequate discussion, clarification, and public feedback before final ZUSC recommendations are made to the Town Board. The vote was as follows: Mr. Blake AYE Mr. LeWalter AYE Mr. Tyler AYE Mr. Wertis AYE Ms. Worden AYE Result: Resolution approved Ms. Marino said the Sustainability Advisory Council she chairs has requested for two years that the ZUSC be expanded; it has not been. There has to be a way for all of us to hear each other, or else it is very destructive and will not work. ZUSC is entirely too small of a group for this topic, and she thinks it has bred a lot of problems. The Town Board also needs objective information. When she arrived to the Town Board years ago, the Board was made up of majority farmers and did all of the zoning rewrites themselves. Mr. Boggs noted ZUSC members are reaching out to the community. Mr. Goldman proposed extending the comment deadline for the zoning draft. Mr. Boggs agreed. Town Board Liaison report Mr. Goldman said the old Jacksonville church did not receive any bids, so the Town has lowered the price and will look at offers as they come in. The Planning Board reached a consensus to meet next on Tuesday, January 2. Mr. Blake MADE the MOTION to accept the 2018 schedule meetings for the Planning Board, and Ms. Worden SECONDED the MOTION. The motion was unanimously carried. Planning Board December 19, 2017 9 Mr. Wertis MADE the MOTION to adjourn the meeting, and Ms. Worden SECONDED the MOTION. The motion was unanimously carried. Meeting adjourned at 8:50 p.m. Respectfully submitted by Louis A. DiPietro II on January 2, 2018.