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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 . 59 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 Mlg: mlg