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HomeMy WebLinkAbout2018-02-27-PH-FINAL-minutes1 PUBLIC HEARING IN THE MATTER OF A PROPOSED LOCAL LAW TO AMEND THE ZONING LAW §212-118 H (1-3) AND §212-118 I (2)8 PERTAINING TO DEVELOPMENT DISTRICTS 8 AND 9 IN THE TOWN OF ULYSSES, NEW YORK February 27, 2018 Audio of the minutes are available on the website at ulysses.ny.us. ATTENDANCE TOWN OFFICIALS PRESENT: Supervisor- Liz Thomas Board members- Nancy Zahler, Rich Goldman, John Hertzler, Michael Boggs Deputy Town Clerk- Sarah Koski Bookkeeper- Nina Thompson Town Planner – Darby Kiley Also present: Amanda Kirchkessner, Tom Myers, Krys Cail, Kim and Bryon Moore, Karen Hollands, Jerry Stevenson, Anne Koreman, Chris Carey, Stephanie Heslop, Peter Glanville, Reba McCutcheon OPENING THE HEARING: Ms. Thomas made a motion to open the hear ing at 7:00pm, seconded by Mr. Boggs and passed unanimously. Ms. Thomas introduced the town officials in attendance. Ms. Kiley presented a series of slides that illustrated the proposed changes to the zoning law. For Moore’s Marine (Development District 8), residents received a copy of the current zoning with the proposed changes in track changes so they could see the difference between the current and proposed zoning (SEE APPENDIX A). Ms. Kiley explained that the current owners of Moore’s Marine are in attendance tonight and gave a short history of the business, which the current owners purchased from a family member. The Town Planning Board has been working with the Moores for the past year to update the Town Zoning. To illustrate the proposed changes to Development District 9, Ms. Kiley showed a map of the boundaries of Flo -Tech (Development District 9) (SEE APPENDIX B). STATEMENT BY SUPERVISOR THOMAS: The subject of this public hearing is the proposed Local Law to amend the Town of Ulysses Zoning Law. Specifically the amendment includes • Amendments in the Ulysses Zoning Code to Development Districts 8 and 9 in Chapter 212118. District 8 is known as Moore’s Outdoor Sales and Service located on 3052 Dubois Road, and Development District 9 known as FloTech at 7325 Halseyville Road. Changes to District 8 (Moores) consists of certain changes to the DD language as recommended by the Planning Board. District 9 (FloTech) changes are only on the zoning map. Copies of the proposed zoning law change are available at the back of the room. The date of this public hearing was set by resolution of the Town Board on February 13, 2018 and a notice of this hearing was published in the Ithaca Journal on February 15, 2018. The County 239 review was received on February 15, 2018 and determined there were no negative inter- community or county-wide impacts. 2 The purpose of this public hearing is to afford the general public an opportunity to make statements and comments about the proposed amendments to the Town of Ulysses Zoning Law. The hearing w ill remain open until all members of the public who are present at the hearing have been given an opportunity to make statements or comments on the proposed amendments. A public hearing is not a question and answer session. The Town Board is primarily her e to listen to comments from the public, not to debate or comment on the subject. Comments presented at this hearing will be taken into consideration by the Town Board when it considers action on the proposed Local Law. The Town Board may take actio n on this proposed Local Law tonight based on comments from the public. Speakers should try to limit their comments to no more than 5 minutes. Supervisor Thomas requested but did not require, that each speaker state your name and address and asked if speakers appearing as a representative of an organization or governmental entity, please identify the organization or entity and state its address. Next she addressed some administrative matters by noting the presence of the following documents: 1. The Public Hearing Notice(s) that appeared in the Ithaca Journal on 2/15/2018. 2. Affidavit of Publication in the Ithaca Journal. 3. The proposed Local Law. Ms. Thomas then asked speakers to raise a hand should they like to speak. PUBLIC COMMENTS: Reba McCutcheon and Peter Glanville, 3060 Dubois Road. Ms. McCutcheon and Mr. Glanville’s property shares north and northeastern boundaries, about 200 feet in total with Moore’s Marine. They have several questions for the board and would like the board to respond in writing. Ms. McCutcheon and Mr. Glanville read their questions and concerns to the Board. (SEE APPENDIX C). Stefanie Heslop, resident of Jacksonville. Ms. Heslop grew up on Dubois Road. Her mother and father both live on Dubois Road. Her father is building a barn on the corner of Dubois and Perry City Road. Her concern is that laws are not enforced uniformly in the Town. She feels that instead of the Town asking the Moores to comply with the existing law, that they invited the Moores to give input on how the law could be changed to suit them. Ms. Heslop also mentioned the fire that started on the Moore’s property many years ago. She feels that the town’s actions marginalize those who are not affluent. Amanda Kirchgessner, 4471 Jacksonville Road. She noted that there is a business district being developed on Route 96 that is further from the lake. Why not help Moores relocate to that business district? Tom Myers, 3110 Dubois Road. Mr. Myers has been a resident there since 1979, and lives about 3 doors down from Moore’s Marine. He wonders why the Town is responding to a violation by changing a rule instead of trying to get the Moores to come into compliance with existing zoning. 3 Karen Hollands, 3051 Dubois Road. Ms. Hollands house is right across the street from Moore’s Marine. Ms. Hollands feels that the Town is bringing zoning into compliance with the business instead of bringing the business into compliance with the zoning. She is concerned that increased hours of operation will increase noise in the neighborhood. She has three young children and the noise of working on boats is quite loud. Ms. Hollands is a realtor, and is concerned that the assessed values of homes will be affected, which in tur n affects the Town’s tax base. Krys Cail, 3110 Dubois Road. Ms. Cail wants this proposal sent back to the planning board with more time for public input. She believes Moore’s Marine is in a town-defined conservation zone and is near two unique natural areas. She, along with other neighbors, have filed a complaint with the Town in the form of calls and emails to Town Planner Darby Kiley. She is concerned that there is no ag data sheet, and no effort to get input from the Town’s Ag Committee or Sustainability Committee. Ms. Cail is also concerned that the Town did not contact neighbors for input on the proposed zoning change, and did not contact the fire inspector for regulations on clearance for boat storage. She feels that this is spot zoning as it only applies to only one parcel and the broader neighborhood needs are not being considered. Were the zoning violations ever enforced? Ms. Cail also mentioned the orchard fire that started in a burn barrel many years ago on the Moore’s Property. The Moores lear ned after the fire that there are regulations on open burning that they then complied with. Ms. Cail feels that the Moores should in turn come into compliance with zoning regulations. Ms. Cail also gave her written comments to the Board (SEE APPENDIX D). Kim Moore said that she could respond to some of these concerns if that would be appropriate. Mr. and Mrs. Moore did not request to expand the Development District. They have tried to be respectful of neighbors. The Moores have worked with the DEC to be environmentally responsible. They were indeed ignorant of zoning when they purchased the business and have tried to come into compliance. The Moores want to be good neighbors and good business owners. CLOSING THE HEARING: Hearing no further comments, Mr. Goldman made a motion to close the hearing at 7:44pm, seconded by Ms. Boggs and passed unanimously. ______________________________________________________________________________ Respectfully submitted by Sarah Koski on 3/6/18. 4 Track changes FINAL for LL 02/06/18 APPENDIX A 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 Moore's Outboard Sales and Service (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. (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. No new buildings are allowed. Well and septic systems are to be installed maintained according to Tompkins County Health Department requirements. (b) Business hours shall be limited to between 8:30 a.m. and 5:30 p.m., Monday through Friday; 8:30 a.m. to 3:00 p.m. Saturday; and 9:00 a.m. to 12:00 noon on Sunday. Most repairs will be done during weekdays; repairs after 5:00 p.m. will be done inside the building. No mechanical sound shall emanate from the property before 8:00 a.m. or after 8:00 p.m. (c) Customer parking for up to six cars will be located in front of the building. Parking lot area is to be 40 feet deep by 50 feet wide and centered in front of the building. Maintain parking between the 5 front of the building and highway right of way, and on the south side of building in the 50 foot by 150 foot lot, as shown on ‘Survey Map Showing Development District for “Moore’s Marine” Located at No. 3052 Dubois Road, Town of Ulysses, Tompkins County, New York’ by TG Miller Track changes FINAL for LL 02/06/18 P.C. revised 1/22/18, The owners of the land on which the Development District is located shall file the map in the Tompkins County Clerk’s office no later than 30 days after adoption of this local law. (d) Storage for 15 boats to 20 bBoats waiting ready to be picked up and/or serviced will be permittedmay be placed 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, as shown on see approved site plan on ‘Survey Map Showing Development District for “Moore’s Marine” Located at No. 3052 Dubois Road, Town of Ulysses, Tompkins County, New York’ by TG Miller P.C. revised 1/22/18, which is incorporated herein by reference and made a part hereof. Storage of 10 boats to 15 boats is permitted within the building. Up to five boats may be stored outside over the winter. (e) A stockade fence up to six feet in height shall be installed on the north side of the building along the boundary line of the Development District. (ef) Improvements to buildings and grounds: roof to be painted, trim to be painted, aArea around building to be kept clean with no outside storage other than boats with or without motors and trailers. (fg) 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 feetone lighted sign with plastic face on front of the building, not to exceed three feet by five feet in size. Signs required by New York State are not included in the are calculation. Sign illumination shall follow sign standards in §212-122. (gh) 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. (hi) Ten pine trees are to be planted along the southerly boundar y line of the Development District. (j) All existing floor drains within the building shall be core-filled with appropriate concrete material, and all existing drains exiting the building shall be removed. (ik) Used gear lubricants and motor oils shall be stored in a tank or tanks not to exceed 1,000 gallons twohundred-fifty-gallon tank, 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 aut horized by the Tompkins County Health Department. (jl) 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. (k) A vegetated buffer 100 feet wide shall be maintained on the eastern boundary of the Development District. 6 (l) 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. (m) No edible plants shall be grown for human consumptio n without first testing the soil for contaminants. 7 8 APPENDIX B 9 APPENDIX C 10 11 12 APPENDIX D 13