HomeMy WebLinkAbout2019-02-20-BZA-FinalTOWN OF ULYSSES
BOARD OF ZONING APPEALS
FINAL MINUTES
Wednesday, February 20, 2019
Approved: March 20, 2019
Present: Board Chair Bob Howarth, and members Andy Hillman, Steve Morreale, Cheryl
Thompson, and David Tyler; Town Planner John Zepko.
Public in Attendance: Anne Schneiderman, Steven Valloney, Bill Housworth, David Allen, and
Marvin Pritts.
Call to Order: 7:01 p.m.
Appeal by the Paleontological Research Institute (PRI) for an area variance under Section
212-162, Fences and Walls, of the Town of Ulysses Zoning Law, for the purpose of increasing
the height of a fence from 6 feet to 8 feet, at the property located at Smith Woods, Trumansburg
Road, Town of Ulysses, Tax Parcel Number 13.-3-1.
In introducing the project, Mr. Pritts said his group’s goal is to preserve the integrity of Smith
Woods and foster the regeneration of trees and wildflowers there. A 6-foot high fence was
installed last March and made a huge difference in the spring wildflower population. However,
three deer got into Smith Woods in late fall, and another deer got in in the last two weeks. The
fence is working, he said, but it is not perfect.
Before deliberating, BZA members discussed briefly whether or not any of them had conflicts of
interest, either as PRI members or otherwise. None did.
Offering public comment, Mr. Housworth, of Falls Road, serves on the cemetery board and
previously served on the Smith Woods committee that oversaw the transfer of the Woods to PRI.
At the time of the transfer, the committee did not know that a fence would be going up. He is
opposed to the fence and called it a terrible waste of taxpayer money.
Ms. Schneiderman, of Hinging Post Road, said she supports the fence use. Speaking as a citizen
(she said she’s not affiliated with PRI), she said a 6-foot high fence is just not adequate and
supports a change in Town regulations to allow for 8-foot tall fences. In her own yard, deer
cleared her 6-foot fence, but that changed with an 8-foot tall fence. Deer are also a public health
risk due to Lyme Disease, she added.
Mr. Allen, president of the Grove Cemetery Association, served previously on the Smith Woods
committee along with Mr. Pritts. The committee assumed the Woods would be kept natural. PRI
should consider other alternatives, like deer culling, or bait, catch and release. He said the current
fence, with pressure-treated wood, is visually unpleasing and not a nice calling card for the
village. Mr. Allen also said the Woods entrance – located at Falls and Cemetery roads – is placed
awkwardly and creates a traffic safety issue when visitors park their vehicles close to the
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entrance. Lastly, he noted some visitors have turned the Woods into a dog park, thanks to the
fence, and the fence has impacted the environment by keeping out native species, like red foxes
and potentially turkeys.
The Town did receive a correspondence, a letter from Vicki Romanoff that expressed her issues
with the fence, notably that it has created an impromptu dog park in the Woods, and that it is
aesthetically unpleasing.
Mr. Pritts said a forest ecologist recommended the fence installation. The intent is to preserve the
Woods. Responding to Mr. Housworth’s comment that the fence is a waste of taxpayer money,
he said a private donor gave the money to install the fence; there is no taxpayer money being
used. He noted the existing posts are already 8 feet tall, since at the time of the installation PRI
officials anticipated that a 6-foot-high fence may not be sufficient. All PRI will need to do is add
additional wires to run the additional fencing across. As for parking, PRI recognizes it as an issue
and has tried to get the word out to the community. Lastly, he said the fence netting is large
enough to let other animals traverse in and out of the Woods. Culling is an extreme alternative
and dangerous, he said.
Mr. Morreale advised that the BZA is hearing a proposal to raise the height of the existing fence,
not to hear arguments for or against the fence. Ms. Thompson asked for specifics, considering
some of the existing poles are already maxed out height-wise.
Mr. Pritts said the posts along Cemetery Road are 6 feet tall; the 8 feet height would be used
everywhere else. Some of the metal posts would be replaced with wooden posts. The estimated
cost for the additional fence is anywhere from $5,000 to $25,000, with the $25,000 estimate
accounting for 8 feet of fencing around the entire perimeter of the woods, including the
Cemetery Road side.
Mr. Hillman visited the Woods that day and saw visitors with a dog; they did not clean up after
the dog. On other matters, he does not see any reason to move the entrance, and said the use of
black locust posts would have looked better than the pesticide-treated wood. If replacing the
metal posts along Cemetery Road, perhaps PRI would consider something other than pesticide-
treated wood. Is there any data regarding regeneration in Smith Woods? he asked.
Mr. Pritts said several institutions – TC3, Penn State, and Cornell – have been collecting data. A
year ago, 130 biologists did a biological inventory of the Woods, and another inventory will take
place in five or 10 years. He reported the trillium population was more vibrant this spring than in
previous springs, and maple seedlings are healthy.
Ms. Thompson requested a more complete proposal, including the t ype of posts to be used and
sample fencing. Mr. Morreale agreed. A sign or two on the fence to explain how and why the
fence protects the Woods would be a nice addition, too, Mr. Howarth added.
Options for fence materials were suggested as part of a general discussion about the project.
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It was agreed among the BZA to keep the public hearing open and table the discussion until the
BZA reviews a complete proposal.
Mr. Morreale MADE the MOTION to table the discussion, and Ms. Thompson SECONDED the
MOTION. The motion was unanimously approved.
Meeting Minutes (11/21/2018; 01/16/2019)
Mr. Hillman MADE the MOTION to accept the November 21, 2018 meeting minutes, and Mr.
Howarth SECONDED the MOTION. The motion was carried, 3-0, with Mr. Morreale and Ms.
Thompson abstaining from the vote.
Mr. Morreale MADE the MOTION to accept the January 16, 2019 meeting minutes, and Ms.
Thompson SECONDED the MOTION. The motion was carried, 4-0, with Mr. Howarth
abstaining from the vote.
In other Board matters, Mr. Howarth reported the Town Supervisor has stressed how important it
is that the BZA find an alternate member. He would like to invite both Town Supervisor Liz
Thomas and Town Board Liaison Rich Goldman to a BZA meeting to discuss two matters – how
to identify potential BZA alternates, and to request the BZA be kept abreast of updates related to
the ongoing town zoning rewrites. As to board alternates, Mr. Zepko thought perhaps the BZA
should ask Town Counsel what the best practice is for alternates and whether or not the
alternates should be involved with BZA deliberations.
Mr. Tyler MADE the MOTION to invite one or both Town Board representatives to discuss the
BZA’s requests, and Ms. Thompson SECONDED the MOTION. The motion was unanimously
carried.
Mr. Morreale MADE the MOTION to adjourn the meeting, and Mr. Hillman SECONDED the
MOTION. The motion carried unanimously.
Meeting adjourned at 7:58 p.m.
Respectfully submitted by Louis A. DiPietro II on March 10, 2019.