HomeMy WebLinkAbout1998-06-02 - PH 5a.
PUBLIC HEARING II SPECIAL BOARD MEETING
TOWN OF ULYSSES
JUNE 2, 1998
PRESENT : Supervisor Douglas Austic; Councilpeople Carolyn Duddleston, Andrew
Hillman, Peter Penniman and Robert Weatherby; Attorney Bruce Wilson; Code
Enforcement Officer Alex Rachun; Marsha Georgia Town Clerk.
Others Present : see list on file in Clerks office.
PUBLIC HEARING
Supervisor Austic opened the Public Hearing shortly after 7 : 00 PM. He stated that the
purpose of this hearing is to take input on the possibility of establishing a moratorium on
commercial construction in Inset 5 and Inset 6 of the present Zoning Ordinance.
Mr. Rachun explained that Inset 5 goes roughly from the intersection of Perry City Road
and Rt. 96 to about what used to be Rosetti ' s and it includes both sides of the road on Rt .
96 . Inset 6 goes from the intersection of Krums Corners Road, across Wilkins Road and
around 600 feet down from the intersection of Wilkins Road and Rt . 96 on the East Side
of the road and on the West Side of the road it includes around 600 feet . Which used to
be part of Page' s horse stables and a little bit of the gully area where the creek is. Mr.
Rachun went on to state the reason being is that the Comprehensive Planning Committee
is not sure as to how this is going to end up in terms of our Zoning. What the
Comprehensive Committee is trying to do is create hubs of activity as opposed to long
strip development . If you drive this area from Perry City Road down to Rosetti' s, the
predominate use is residential. Mr. Rachun stated that the businesses that are there would
be maintained . The moratorium is for a six-month period because that is the time the
Comprehensive Committee feels they will need to finish up the plan and the new zoning.
Mr. Austic stated that the public hearing was advertised in the Ithaca Journal on May
16th, 1998 . Mrs. Georgia read the legal into the record.
Mr. Austic asked for public comments.
Richard Berggren owns the property know as the Old County Home . He states that he
bought that as commercial and he has been trying real hard to get a commercial
developer. He understood that the Town was in favor of this up until now. He does not
understand the reason to change it to residential because he has seen no interest on that
strip of road for a building permit for a home. It is strictly a commercial area. He stated
that he is against the moratorium.
Tom Reitz of Jacksonville would like to comment on the article in the Ithaca Journal.
He asked if the Town had been approached by a businessperson to do something there.
One of the things that he is concerned about is sending a message that businesses are not
welcome in the Town.
Mr. Austic stated that it is not clear what the comprehensive plan will do but chances are
the majority of this area where the houses are will revert back to residential .
Tom Reitz asked if a business would be allowed to come into a residential zone in the
projected plan.
Mr. Austic stated that you would have to follow the requirements of the zoning. It is
hard to say but probably not .
Tom Reitz went on to state that he is against the moratorium at this time.
Jerry Stevenson asked why now? He understands that the comprehensive plan has been
in the works for years .
C-Dr3
Public Hearing / Special Board Mtg. 2
June 2, 1998
Mr. Austic responded by saying because they are complete enough now to start public
hearings .
Mr. Rachun stated that the reason now is that the master plan map was not close to being
done and secondly work is being done to complete the narrative of the areas. As the map
stands now we would like to present it as such for the public hearing. If we have any
development that would negate what ' s going on there and that would set the
comprehensive committee back.
Mr. Penniman added to that by stating that the moratorium is a tool that municipalities
use when there may be proposals coming out and it looks like something may happen to
buy some time so people don't suddenly start making land use decisions in the action of
what might happen.
Jerry Stevenson stated that there is a potential for the reverse. The reason he is
attending is that he has a purchase offer on the Babcock property . It is not in the area that
is being considered but it is also not clear as to what may happen there.
Mr. Austic pointed out that area is on the comprehensive map as an industrial area.
Tim Martinson who lives on VanDorns Corners Road about a half-mile in the area that
is in question which is primarily a business area. The last time he looked the County
Home was mostly agricultural . We certainly have a fairly dense residential strip on
VanDorns Corners Road. He would like to speak in favor of the moratorium .
Joanna Lynch who also lives on VanDorns Corners Road would like to state that she is
not trying to be business unfriendly . She understands that the committee is trying to plan
out what they would like to have Ulysses look like in terms of having business and
having residential . Just saying that there are certain areas . She would like too not to be
commercial .
Michael Hojnowski who lives at 1690 Trumansburg Road which is in the commercial
area and he feels that this makes his property more valuable because frankly making it
residential only increases the likely hood that our taxes will go up . He feels that this
moratorium is changing zoning ahead of time and he is against the moratorium .
Richard Berggren stated that for 23 years we have dealt with the octopus blocking
development to come this direction nor in 23 years have we had much residential . Who
would want to live directly across from the bar?
Jerry Stevenson stated that he is against the moratorium and he believes that the Board
is in fact changing zoning law by imposing a moratorium and also making it difficult on
all of the business for potential changes to their business.
Attorney Bruce Wilson commented on the legal issues of the moratorium .
Joanne Lynch states that she feels no one is here with a business that they want to
develop . There are people here that would like to sell their property in the future as
commercial . But there are those of us that actually live here and our concerns are
different . So we are not against business and we are not against selling things but we live
there and the quality of life living without commercial, just making it our home
Tom Reitz asked if the commercial areas and the PUD ' s that are in place and are not in
the Inset 5 and 6 would continue on .
Mr. Austic and Mr. Rachun both stated that they are designated as industrial on the
plan.
Krys Cail commented that she is a member of the Planning Board and it is the first time
she has seen the map . People should feel that they are here in Phase I . She stated that
before anything is passed there has to be several public hearings .
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Public Hearing / Special Board Mtg. 3
June 2, 1998
Tom Reitz asked if the Planning Board would make the decisions on the zoning
changes?
Attorneys Bruce Wilson stated that there is a special board the Master Plan
Committee, which has to have a Planning Board member on. They would have to hold a
public hearing than it can be presented to the Planning Board or the Town Board who
would also have to have a public hearing
Jerry Stevenson asked what procedure would be followed dealing with public comments
at these hearings?
Mr. Austic stated that this has been in the works for several years. Surveys, comments
from open meetings have been analyzed and the results have been used to develop a lot of
this plan. At the time of the public hearings of the plan public comments will be
considered . If at any time anyone would like to make written comment they may do so .
Krys Cail pointed out the enormous hours that have been put in by many people.
Peter Penniman stated that he would like to comment on a couple of people saying that
we are sending a message that we are against business and that we do not welcome
business here . We have pointed out that there are areas that are planed to be re-zoned at a
low impact type of commercial called Cl on the map . There are large areas for that .
This is an attempt to balance all the things that we have heard from all people and reserve
the rural character of the town at the same time create areas where we do have facilities
and amenities business want in a way that balance the needs of all the residents.
Mr. Austic asked if there were any other comments. He read into record a letter from
Curt and Diane Dunnam at 5244 Perry City Road that states that they support the interim
moratorium .
Hearing none Mrs. Duddleston moved seconded by Mr. Penniman to close the public
hearing.
Public Hearing closed at 7 : 45 PM.
SPECIAL BOARD MEETING
Supervisor Austic opened the Special Board Meeting and read the 239-1 and -m from
Tompkins County Planning Department . The TC Planning Department stated the
proposal, as submitted, will have no significant deleterious impact on inter-community,
County, or State interests . Therefore, the Tompkins County Planning Department
indicates no recommendation, and the Town is free to act without prejudice.
Mr. Weatherby asked when the Master Plan Committee thought they would be finished?
Mr. Rachun answered within the six months.
Mr. Austic stated that under the requirements of SEQR this becomes a type 2 action,
which does not require SEQR review for a moratorium.
Attorney Bruce Wilson stated that with the approval of County Planning, no SEQR is
needed and the Public Hearing has been held the Board is free to act if they wish to
tonight .
Mr. Penniman moved seconded by Mr. Hillman the following resolution:
SC)
Public Hearing / Special Board Mtg. 4
June 2, 1998
A Local Zoning Ordinance providing for a moratorium for the issuance of
building permits for business purposes for a period of 180 days in designated business
zones.
Be it enacted by the Town Board of Ulysses as follows:
WHEREAS , the Town is currently finishing its comprehensive plan for the Town
pursuant to Town Law §272-a; and
WHEREAS , the Town upon completion will consider re-zoning the Town
pursuant to said comprehensive plan and Town Law § 263 ; and
WHEREAS, the Comprehensive Plan Committee is considering re-zoning certain
areas currently zoned as business districts under Article IV Section 3 of the Town Zoning
Ordinance to residential ; and
WHEREAS , it is in the interest of the Town in order to accomplish its planning
goals to avoid excessive business development in the areas designated to change from
business to residential use prior to full enactment of the comprehensive plan and re-
zoning so as not to defeat the purposes in re-zoning by having excessive development
solely to grandfather the usage prior to enactment of the new zoning ordinance; and
WHEREAS, the Town expects to have its comprehensive plan and re-zoning in
place within 6 months .
WHEREAS , public notice by publication has been duly given of a public hearing
relative to a moratorium for this purpose and a public hearing held ; and
WHEREAS , the Tompkins County Planning Department having issued a timely
review pursuant to § 239-1 and m of the New York General Municipal Law and found no
significant deleterious impact, and stated the Town Board was free to so act;
NOW THEREFORE, to further the interests in maintaining the status quo as to
actual development pending adoption of a new zoning ordinance the Town Board hereby
enacts a six-month moratorium effective pursuant to law, to bar the issuance of building
permits by the Town in the areas set forth below as to the business use of properties set
forth under Article IV Section 3 ;
The properties so effected are as follows :
Inset 5
Public Hearing / Special Board Mtg. 5 5k,
June 2, 1998
Route 96 and intersection of Perry City Road--Beginning from southwest
intersection of the Perry City Road and Route 96, moving south to and through the
intersection of the Van Dorns Corners Road, on south to the northern most lot line of Lot
No . 34-3 - 13 as shown on the Tax Map . From southeastern intersection of the Perry City
Road and Route 96, south to the most southern lot line being 300 feet deep of Lot No . 34-
2-8, as shown on the Tax Map . At the northwest intersection of Route 96 and the Perry
City Road all of the Lot No . 26-2- 14 . 1 as shown on the Tax Map . At the northeast
intersection of the Perry City Road and Van Dorns Corners Road moving 300 feet along
the east property line of Lot No . 26-2- 14 . 2, thence westerly 450 feet, plus or minus, to
center of the branch of Willow Creek, thence southwesterly 340 feet plus or minus, to the
northeasterly line of the highway line of Route 96.
Inset 6
Krums Corners Road--From the intersection of the Krums Corners Road on the
east side of Route 96 south to the intersection of the Wilkins Road and Route 96 . From
the south side of the Wilkins Road, at intersection with Route 96, south for 600 feet on
the east side of Route 96 being 300 feet deep, on the west side of Route 96, beginning at
the southern lot line of Lot No . 33 -4-3 . 3 , as shown on the Tax Map, south for 600 feet,
being 300 feet deep .
All Tax Map references are to the year when the zoning description above was
first enacted.
And it is hereby prohibited for a period of 180 days from the date of enactment of
this local ordinance to have any town official accept for filing any application for a
building permit for a business district use within said areas designated and the Town
Board of Zoning Appeals and Town Planning Board shall not grant any approvals,
preliminary or final, for any site plan or subdivision relating thereto or special approval
or special permit, variance or other permission for same.
The Building Code and Zoning Enforcement Officer shall not issue any building
or other permit for any construction or use related to same that would result in a business
use in the areas designated .
The Town may enforce this moratorium by any lawful means under New York
Law including the Town Law and existing Town Zoning Ordinance.
. , ,
57\
Public Hearing / Special Board Mtg. 6
June 2, 1998
The local ordinance shall take effect upon adoption and publication of a summary
here of as provided by law.
Mr. Austic aye
Mrs . Duddleston aye
Mr. Hillman aye
Mr. Penniman aye
Mr. Weatherby aye
Adopted .
Mr. Austic introduced and moved a resolution that the Cayuga Nature Center asked to be
adopted because they are again applying to the NYS Office of Parks, Recreation and
Historic Preservation for a grant . Mrs . Duddleston seconded the following resolution:
WHEREAS, the Cayuga Nature Center is applying to the New York State Office of
Parks, Recreation and Historic Preservation for a grant under the Environmental
Protection Fund for a park project to be located at 1420 Taughannock Boulevard, Ithaca,
New York, a site located within the territorial jurisdiction of this Board .
WHEREAS, as a requirement under the rules of these programs said not-for-profit
corporation must obtain "endorsement of the governing body of the municipality in
which the project will be located",
NOT, THEREFORE, be it resolved by this august body that the Board of the Town of
Ulysses hereby does endorse the application of the Cayuga Nature Center for a grant
under the environmental Protection Fund for a park project known as Black Diamond-
Cayuga Nature Center Trail Connection Project and located within this community.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Hillman aye
Mr. Penniman aye
Mr. Weatherby aye
Adopted .
Hearing no further business Mr. Hillman moved seconded by Mr. Weatherby to adjourn
the meeting. Hearing no objection the meeting was adjourned at 8 : 15 PM.
Respectfully submitted,
Marsha L . Georgia
Ulysses Town Clerk
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