HomeMy WebLinkAbout1998-10-06-PH STB q5
TOWN OF ULYSSES
PUBLIC HEARING // SPECIAL BOARD MEETING
OCTOBER 6-1", 1998
PRESENT: Supervisor Douglas Austic; Councilpeople Peter Penniman, Robert
Weatherby and Carolyn Duddleston ; Councilman Hillman absent Attorney Bruce
Wilson ; Planning Board Members Peter Demjanec, Chairman , Paula Horrigan , Krys Call
and David Tyler; Code Enforcement Officer Alex Rachun ; Deputy Town Clerk Jennifer
Swartwood .
Others Present : Anthony Ingraham, Lysle Gordon , Catherine Stover, Jackie Merwin ,
Jules Burgevin , and Scott Sears .
Notice of publication of Public Hearing was furnished and Supervisor Austic opened
hearing at 7 : 00 PM .
Peter Demjanec, Chairman of Planning Board , Paula Horrigan, David Tyler and Kyrs
Call, Planning Board Members explained the process and that there is a Flow Chart of
Site Plan Review, the Frequently Asked Questions and Site Plan Review .
Mr . Austic thanked the Planning Board Members for coming and explaining what they
have spent time preparing . He also thanked them for spending the time in putting the
effort into preparing Site Plan Review Process .
Mr. Austic opened the hearing for public comments .
Anthony Ingraham , 1495 Taughannock Blvd . stated that he recently moved here
and has worked at the parks for five years . The beauty of the area attracted him here .
He may buy property here but what he is concerned about is the private property
rights and the neighboring lands . Wants to know if there is going to is a process about
what's going on to adjacent land neighboring him to protect his property values . Be
careful of development close to State Park that could reduce the values of the park.
Site Plan Review, if passed, has to be adequately enforced .
Mr. Austic commented that Site Plan Review will not allow something that is not
allowable . In other words you will not be able to do a commercial activity in a
residential area even with site plan review . What ever is developed has to be allowable
within that zone . So the areas around the park which are residential or agricultural wil
stay that way, unless, for some reason , it is zoned commercial in the future .
Jackie Merwin, 25 Washington St asked if the site plan review would eliminate the PUD
process and if not, how would they interact with a PUD .
Mr. Austic stated that the PUD process is basically a dead issue at this point . It will be
eliminated in the new zoning to follow. This site plan review would not govern a PUD nor
would they affect them.. As soon as our new zoning ordinance is drafted to revamp our zoning
districts then a PUD will be a thing of the past .
Attorney Bruce Wilson states that a PUD is an act of the Town Board opposed to a review of
the Planning Board . If the town decides to re-zone it is a Town Board issue and site plan is a
Planning Board issue .
Jules Burgevin, Halsey Street encourages the Town Board to pass Site Plan Review
Catherine Stover, Gorge Road stated that site plan review is good for big projects . Has the
Board considered the possibility that it could push business over to Seneca County and what
about cottage industries and/or home business or small business under 5000 square feet?
Code Enforcement Officer Alex Rachun commented that any project today that is commercial
in nature is going to have to be dealt with by professional architects, engineers, landscape
engineers or something of that sort whether it is in this county or any other county. He would
say 95 % of all the questions this site plan review is going to be asking will have to be dbdll with
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through code issues and through the issues that are going to be normally coming up whether you .
are zoned or not zoned . The rest of the issues usually could be handled, for small business you
are concerned about, by what ever architect is retained for the project or going through some of
the information in his office. A large project debating whether to locate in Ulysses or Seneca
County he would hesitate to say that they would move to Seneca County because of Site Plan
Review because of large business know what site plan review is . They deal with it on a daily
basis.
Mr. Austic stated that they purposely asked for this to be designed to enable smaller business
that may be moving into Town or that exists now to make it easier to go through and get
approved . As far as home occupations and cottage industries this again is not designed to relate
to those types of things . They will come up in our zoning. After the comprehensive plan is
completed the issues of home occupations and cottage industries will not be considered
commercial type activities.
Peter Demjanec stated that home occupations are NOT subject to site plan review . They are
defined under NYS Uniform Code and not subject . Cottage industry as a commercial entity
would be subject to review .
Krys Cail comments on making property attractive .
Lysie Gordon 2444 Perry City Road, said that his concerns maybe in the opposite direction of
other comments. He thinks that efforts have been made to make this so user friendly and so easy
on the small projects that it could lack the teeth it needs for large commercial projects. Having
said that he thinks the ordinance should be passed as is in order to get it on the books and then
see whether it needs to have more teeth in it . One of the things that were discussed was the
enforcement of the schedule of fees for example, which is not a part of this ordinance . He is in
favor. It looks to him that it is so easy that it would not keep anyone from locating here if they
wanted to .
Carolyn Duddleston asked the Planning Board that in some places in the document it is called
site plan and in other places it is called site planning . Which title do you want on it?
Planning Board Members responded to say "Site Plan" .
Jackie Merwin urges the Town Board to pass.
All persons desiring to be heard, having been heard the Hearing was closed.
Special Meeting was opened .
Mr. Penniman stated that he too is very much in favor of this and appreciates all the work that
went into this . He agrees that it will protect property values to a much larger extent than it may
hurt them. He is comfortable with giving the Planning Board a lot of leeway in determining the
guidelines that are set up . His question is would a decision in a particular case that, involves
decisions regarding traffic flow or vegetation, trees and that sort of thing, set a precedent of
future site plans that may come up? Would they be held to certain standards or would it be fairly
protected .
Attorney Wilson - most proposals are unique to themselves so it is hard to say what precedence
critiques the project . The argument can always be made if it is inconsistency with the project.
Mr. Austic reviewed the changes from draft 2 to draft 3 to make sure everyone had all the
changes . He is in receipt of the 239 L/M from Tompkins county Planning that states that the ';
proposal, as submitted, will have no significant deleterious impact on inter-community, County;':
or State interests. Therefore, no recommendation is indicated by the Tompkins County Planning
of
Department, the Town is free to act without preju dice. However they d o have a couple
suggestions (copy in folder) .
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# 1 has have been included in draft 3 .
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#2 suggest under e) Stormwater and Drainage to delete percentage of runoff and reword it to
read "reduce the amount of runoff from the site after development .
#3 after criteria h), I) were added to read "Promotes the goals and objectives of the
Comprehensive Land Use Plan" .
#4 page 4, section 314 : Change the name of the Soil Conservation to Natural Resources
Conservation Service and add Tompkins County Soil and Water Conservation District .
#5 did not use this suggestion .
#6 page 2 number 10 to add surface water after groundwater
SEAR
Mr. Austic states that the Town is the lead agency under the State Environmental Quality Review
Act . They are treating this as an unlisted action and have filled out the Short
Environmental Assessment Form that he reviewed line by line (on file) .
Mr. Penniman moved Mrs . Duddleston seconded the following:
DETERMINATION OF NON-SIGNIFICANCE
Ulysses Town Board, on or about October 6th, 1998 filed an Environmental Assessment Form
(EAF) a copy of which is attached hereto and made a part hereof relating to the proposed
Adoption of Site Plan Review for the Ulysses Township .
On September 19`h, 1998, notice was duly posted on the Town Clerk ' s sign board that said EAF
would be reviewed by this body at a regular meeting to be held on October 6th, 1998 at 7 : 00 PM
at the Ulysses Town Hall .
It is hereby determined that the action proposed does not constitute a Type I action as defined in
6 NYCRR 617 . 12 of the SEQR regulations .
Pursuant to Section of said NYCRR 617 of said SEQR regulation, it is hereby determined that
the action proposed in said application will not have a significant effect upon the environment .
Therefore declaring a negative declaration .
Mr. Austic aye
Mrs. Duddleston aye
Mr. Penniman aye
Mr . Weatherby aye
Adopted .
Mrs . Duddleston moved seconded by Mr. Weatherby to adopt Site Plan Review as follows :
BE IT RESOLVED that the Town Board of the Town of Ulysses on this 6th day of October 1998
enacted the following Town Ordinance as follows :
SITE PLAN REVIEW AND APPROVAL BY PLANNING BOARD
•i : ection 310) History and intent.
is his site planning review process is an ordinance that establishes procedures which ensure that the public has the
pportunity to become informed about, and to review and comment on, proposed commercial development while
development is in the planning stages . This ordinance becomes part of the Town of Ulysses Zoning
•; ordinance, which was enacted in 1968, amended in 1978 , and is being amended again in 1998 to make it
•!.onsistent with the existing land use plan . As a function of the Town ' s authority over health, safety, and general
welfare, the Planning Board is responsible for conducting the review process under this ordinance. The Board
ill solicit comments from the developer and the public at a regularly scheduled public meeting .
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(310. 1 ) Establishment of function .
The Planning Board is hereby charged with carrying out the review and approval functions provided for in
Section 274a of Town Law: to review and approve, approve with modifications and/or conditions, or disapprove
site plans and the establishment of specified activities by resolution which shall constitute the Board ' s decision .
(310. 2) Applicability.
All land use activities as defined in the Zoning Ordinance within the Town requiring a permit of any kind,
including occupancy classification changes as per New York State Building Code, 701 . 1 shall require site plan
review and approval before being undertaken, except the following :
1 . Construction and repairs/alterations of one or two-family dwellings and their ordinary accessory structures,
and related land use activities .
2 . Ordinary repair or maintenance or interior alterations to existing structures
3 . Changes in existing uses that do not affect site appearance, drainage, noise level, parking, traffic, or the
nature and character of the enterprise conducted therein.
4 . Farms as defined the NY Ag & Markets Law article 25AA, and related farm structures used solely for
farming purposes . (Farm structures converted to other commercial uses are subject to site plan review,
subject to Ag & Markets Law section 305 -a) .
5 . The sale of agricultural produce and temporary structures related to sale of agricultural produce.
Temporary shall be defined as in operation for less than six months per calendar year.
In all cases where this local law shall apply, the review and approval of the proposed action is the responsibility
of the Planning Board, with the administrative assistance of the Zoning Officer.
(Section 311 ) Sketch Plan Conference
A sketch plan conference shall be held between the Zoning Officer and applicant to review the basic site design
and occupancy concept and generally determine the information to be required on the application. At the sketch
plan conference, the applicant should provide the data outlined below by a map in addition to a statement or
rough outline describing what is proposed .
a) An area map showing the parcel under consideration for site plan and occupancy review, and all
properties, subdivisions, streets, and easements within 300 feet of the boundaries thereof.
b) A map of site topography showing: areas with slope greater than 5 percent; areas with poor drainage,
susceptibility to erosion, flooding, or ponding; and soil types .
(Section 312) Application for Site Plan Approval.
An application for site plan and occupancy approval shall be made in writing to the Planning Board and shall be;
accompanied by:
a) A fee as provided in the Town Schedule of Fees
b) A site plan at an appropriate scale including the following required information, unless specifically waived:
by the Planning Board :
1 ) Name of the project, boundaries (to scale), and locus maps (to scale) showing site ' s location in town,
date, north arrow and scale of the plan .
2) Name and address of the owner of record, developer, and seal of the engineer, architect, or landscape:f;
architect that prepared the site plan.
3 ) Names and addresses of all owners of record of abutting parcels and those within three hundred (300) ;:'..
feet of the property line.
4) All existing lot lines, easements, and rights-of- y. Include area in acres or square feet, abutting land ;
uses, and the location and uses of structures within three hundred (300) feet of the site.
5 ) The location and use of all existing and proposed buildings and stnicytures within the development,
including any outdoor storage. Include all dimensions of height and floor area and show all exterior;", .
entrances, and all anticipated future additions and alterations . Describe features that will cause the
project to be in keeping with the nature and character of the neighborhood and community.
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6) The location of all present and proposed public roads and private ways, parking areas, driveways,
sidewalks, ramps, curbs, fences, paths, landscaping, walls, and fences . Description of methods of waste
disposal, locations, design, construction material, and screening details for all waste disposal containers
shall also be shown.
7) The location, height, intensity, and bulb type (e . g . , fluorescent, sodium incandescent) of all external
lighting fixtures. The direction and illumination and methods to eliminate glare onto adjoining
properties must also be shown .
8) The location, height, size materials, and design of all proposed signage .
9) The location of all present and proposed utility systems including : sewage or septic system, water
supply system, telephone, cable, and electrical systems, and storm drainage system including existing
and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes, and drainage
swales. The Planning Board may also request soil logs, percolation tests and storm run-off calculations
for large or environmentally sensitive developments .
10) Plans to prevent the pollution of groundwater and surface water, erosion of soil both during and after
construction, excessive run-off, excessive raising or lowering of the water table, and flooding of other
properties, if applicable .
11 ) Existing and proposed topography at a two (2) foot contour interval . All elevations shall refer to the
nearest United States Coastal and Geodetic Bench Mark. If any portion of the parcel is within the 100
year flood plain, the area will be shown, and base flood elevations given . Indicate areas within the
proposed site and within fifty (50) feet of the proposed site, where ground removal or filling is required,
and give its approximate volume in cubic yards .
12) A landscape plan showing all buffer areas, including existing natural land features, trees, forest cover,
and water sources, and all proposed changes to these features including size and type of plant material .
Water sources will include ponds, lakes, brooks, streams, wetlands, floodplains, and drainage retention
areas .
13 ) Zoning district boundaries within five hundred (500) feet of the site ' s perimeter shall be drawn and
identified on the plan.
14) Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the
site and within one hundred ( 100) feet of the site. The Planning Board may require a detailed traffic
study for large developments or those in heavy traffic areas to include: a) the projected number of
motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels; b) the
projected traffic flow pattern including vehicular movements at all major intersections likely to be
affected by the proposed use of the site; c) the impact of this traffic upon existing abutting public and
private ways in relation to existing road capacities. Existing and proposed daily and peak traffic hour
levels as well as road capacity levels shall also be given .
15 ) For new construction or alterations to any existing building, a table containing the following
information must be included : a) area of building to be used for a particular use such as retail operation,
office storage, etc; b) maximum number of employees; c) maximum seating capacity, where applicable;
d) number of parking spaces existing and required for all intended uses .
16) Elevation plans at a scale of 1/4" = 1 ' for all exterior facades of the proposed structure(s) and/or existing
facades, plus addition(s) showing design features and indicating type and color of materials to be used.
17) An Environmental Assessment Form, as determined at the sketch conference, with Part 1 filled out .
18) Identification of any federal, state, or county permits required for the project ' s execution.
The Planning Board reserves the right to request additional information related to the above requirements 1
-::: : rough 18 as considered necessary and may choose to waive specific requirements in certain situations . The
tanning Board shall make a determination under SEQR (see Environmental Conservation Law, Section 8 -0113 . )
. : ; : id comply with the State Environmental Quality Review Act .
:section 313) Review of Site Plan and Occupancy Proposal
ale Planning Board ' s review of a Site Plan and Occupancy Proposal shall include, as appropriate, the reasonable
f 1fillment of the considerations and objectives listed below. Design guidelines adopted by the Planning Board
: tom time to time are meant to assist applicants in the preparation of their site plans.
i Building and Site Character
. :ie building location and setbacks, area and location of drives and parking, architecture, signage and landscaping
.: ':' the development, and how these features integrate with the surrounding built and natural landscape character
= =' the Town .
,, a Existing Vegetation and Landscape Amenities
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Minimizing the removal of existing vegetation and providing for the planting of replacement trees if construction
requires tree removal . The applicant ' s efforts to integrate the proposed development into the existing landscape
through design feature such as vegetative buffers, roadside trees and plantings, slope protection, and the
retention of open space and agricultural land . In the case of a recreational camping facility, an apartment
complex or other multiple dwelling, consideration of usable open space for play areas and informal recreation .
c) Traffic
Convenience and safety of both vehicular and pedestrian movement within the site and in relationship to
adjoining roadways and properties . Adequacy of emergency access areas .
d) Parking and Loading
Safe and adequate parking, lighting and internal traffic control along with provisions for the off-street loading
and unloading of vehicles necessary to normal operation of the establishment .
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e) Stormwater and Site Drainage } '
Environmentally sound storm water and drainage design aiming to reduce or minimize the amount of runoff from
the site both during and after construction. This includes minimizing soil erosion both during and after
construction and the protection of new and existing structures, roadways, and landscaping in areas susceptible :to.,
periodic water inundation, flooding and/or erosion.
f) Town Services
Reasonable demands placed on Town services and infrastructure . . .ri.
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g) Sewer and Water
Adequacy of water supply and methods for sewage and refuse disposal and the protection from pollution of both,
surface waters and groundwater. Provision of fire hydrants and water supply for emergency needs. ;
h) Nuisances
Protection of adjacent neighboring properties from any undue disturbance caused by excessive or. unreasonable:'::
noise, glare, vapors, smoke, fumes, dust, odors, stormwater runoff, etc .
i) Promotes the goals and objectives of the existing comprehensive land use plan.
(Section 314) Consultation and Hearing on Site Plan and Occupancy Proposal
At their sole discretion, the Planning Board may consult with agencies or individuals, including but not limited to
the zoning officer, fire commissioners, conservation council, commission of public works, other. local and county
officials, in addition to representatives of federal and state agencies, including the Natural Resource Conservation
Service, Tompkins County Soil and Water District, the State Department of Transportation, and the State
Department of Environmental Conservation . The Planning Board will give notice to Tompkins .County Planning;
under NY General Municipal law 239-m. .
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The Planning Board will conduct a public hearing on the site plan and occupancy proposal no later than 30 days
from the receipt by the Planning Board of the proposal completed satisfying the requirements under section 312 :.
above. The public hearing shall be advertised in the official newspaper at least 5 days before the date of the
meeting and the applicant and property owners within 300 ' of the site will receive written notification . . ;.
(Section 315) Action on Site Plan and Occupancy Proposal
After the conclusion of the public review meeting the Planning Board shall render a decision on the site plan and
occupancy proposal, to be carried out by the Zoning Officer. The Planning Board's action shall be in the form of
a written statement to the applicant stating whether or not the proposal is approved, disapproved, or approved ;;,
with modifications and/or conditions.
The Planning Board's statement may include recommendations of desirable modifications to be incorporated in
the final proposal, and conformance with specified modifications shall be considered a condition of approval . If
the proposal is disapproved, the Planning Board's statement will state the reason(s) for such findings . In such a: -,:
case, the Planning Board may recommend further study of the proposal and resubmission to the Planning Board
after it has been revised or redesigned . The Planning Board may grant to the applicant a continuance of the
review process and/or adjourn the conclusion of the public hearing until a later date agreed to by the applicant . .,;
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a) Upon approval of the final proposal and payment by the applicant of all fees and reimbursable costs due
to the municipality, the Planning Board shall endorse its approval by signature or stamp on a copy of the
final site plan and occupancy proposal and related supporting documents, and shall forward it to the
Zoning Officer. A copy of the resolution of approval shall be filed with the Town Clerk within 5 days of
the decision by the Planning Board .
b) Upon disapproval of a final proposal, the Planning Board shall so inform the Zoning Officer and the
Zoning Officer shall not issue a Building Permit to the applicant . The Planning Board must make specific
written findings as to the criteria set forth in Section 313 above before it can disapprove a final proposal .
The Planning Board shall also notify the applicant in writing of its decision and its reasons for
disapproval . A copy of the resolution of disapproval shall be filed with the Town Clerk within 5 days of
the decision by the Planning Board .
no decision is made within the 30-day period following the conclusion of the public hearing, the proposal shall
_'s} :; considered approved, as submitted .
,• ection 316) Submission of Final Detailed Site Plan and Occupancy Proposal
;t fter receiving approval, with or without conditions, from the Planning Board on a site plan and occupancy
., —oposal, the applicant shall submit a final, detailed site plan and occupancy proposal to the Zoning Officer for
�:c,rification before a building permit will be issued . If more than six months has elapsed since the time of the
':;'canning Board ' s decision on the final proposal and the issuance of the building permit, the Planning Board shall
• :quire a resubmission of the proposal .
final site plan and occupancy proposal shall conform to the approved proposal . It should incorporate any
::,nditions or modifications that may have been made by the Planning Board in its review . All such compliances
be clearly indicated by the applicant on the appropriate submission.
• 1e following additional information must accompany a final site plan and occupancy proposal :
a) Record of application for and approvals of all necessary permits from federal, state, and county officials;
b) Any changes or additions in sizing and final material specification of all required improvements; and
c) An estimated project construction schedule .
:.lection 317)
: = 17. 1 ) Performance Guarantee. No certificate of occupancy may be issued until all improvements shown on
. he approved site plan and occupancy proposal are installed or a sufficient performance guarantee has been
Osted for improvements not yet completed . The sufficiency of such performance guarantee shall be determined
`' the Planning Board after consultation with the Zoning Officer, Public Works Officials, Municipal Attorney, or
c: :.her appropriate persons designated by the Town.
Inspection of Improvements . The Zoning Officer shall be responsible for the overall inspection of site
7 . ;t1provements, including coordination with Public Works Officials and other officials and agencies, as
;:wropriate .
(Section 318) Responsibilities of Zoning Officer
• .::318. 1 ) Administrative Assistant to the Planning Board . The Zoning Officer serves as administrative
assistant to the Planning Board in carrying out its Flood Damage Prevention and site Plan Review
esponsibilities . The Zoning Officer shall maintain certain records, conducts inspections, and issues certificates
ais provided by these regulations .
section 319) Miscellaneous.
,::::; 19. 1 ) Enforcement. Enforcement of violations of this local law shall be pursuant to Article II, Section 1 and
: .rticle X, Section 1 of the Zoning Ordinance :
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(319.2) Severability. The provisions of this local law are severable . If any article, section, or paragraph or
provision of this local law shall be invalid, such invalidity shall apply only to the article, section, paragraph, or
provision(s) adjudged invalid and the rest of this local law shall remain valid and effective.
Mr. Austic aye
Mrs. Duddleston aye
Mr. Penniman aye
Mr. Weatherby aye
Adopted.
Hearing no further business a motion was made and seconded to adjourn the meeting. Unanimously approved.
Meeting adjourned at 830 PM.
Respectfully submitted,
Jennifer Swartwood
Deputy Town Clerk
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