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HomeMy WebLinkAbout2004-01-26 - TB TOWN OF ULYSSES SPECIAL TOWN BOARD MEETING JANUARY 26, 2004 PRESENT : Supervisor Doug Austic, Town Councilpeople Lee Scott, Robert Weatherby; Roxanne Marino and Don Ellis ; and Town Clerk Marsha Georgia. Others Present : Richard Coogan, Planning Board Chairman, and Mr. & Mrs . Robert , Brown of Flo-Tech. and Michelle Reeves of the Ithaca Journal. Supervisor Austic opened the meeting at 7 : 00 PM . Flo-Tech PDD The Public Hearing for the Flo-Tech Planned Development was held on January 6, 2004 and at that time Part I & II of the State Environmental Quality Review were reviewed and completed. The ten days have now passed since said Public Hearing and no comments have been received from the public on the SEQR review . Mr. Weatherby moved, seconded by Mr. Scott the following : • WHEREAS upon review of the information on the Full Environmental Assessment Review Parts I and II, and any other supporting information, and WHEREAS considering both the magnitude and importance of each impact, it is reasonably determined by the Town of Ulysses being the lead agency, and THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses has determined the project for the Flo -Tech PDD will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore declare a negative declaration and will prepared the form. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms. Marino aye Mr. Ellis aye Adopted. After discussion and minor changes in the resolution prepared by Attorney Wilson; Mr. Austic moved, seconded by Mr. Weatherby the following : RESOLUTION of the Town Board of the Town of Ulysses establishing and authorizing Development District No . 2lpursuant to Article IV Section 5 of the Town of Ulysses Zoning Ordinance dated April 8 , 1978 . WHEREAS, application has been made to the Town Board by Robert N. Brown; Sr. , for a Planned Development District pursuant to Ulysses Zoning Ordinance, Article IV Section 5 for premises owned by him at the intersection of New York State Route 96 and Halseyville Road, in Ulysses Township being a portion of tax parcel No . 12 -4- 15 .22 ; and, WHEREAS, establishing a Development District is a zoning amendment, the provisions of Article X, Section 2 , are applicable and have been complied with; and Special Board Meeting 01 /26/2004 WHEREAS, the application was referred to the Town Planning Board pursuant to Section 5 (b) of Article N, and said Planning Board has unanimously approved the application pursuant to Section 5 (c) at a meeting on December 3 , 2003 and, WHEREAS , the Town Board, after due publication and notice, has held a public hearing on January 6, 2004, hearing applicants presentation and. public comment thereon, and receiving a full environmental assessment form for a Type I action under the State Environmental Quality Review Act ; and I WHEREAS , the Town Board has made its findings and issued a negative declaration of significance, under SEQR as to the re-zoning issue; and , " WHEREAS , the Town Board has received by letter dated December 12 , 2003 , being a review by the Tompkins County Planning Department under General Municipal Law §239- I & m, wherein they have determined that the proposed action has no negative inter-community, or county-wide impacts ; and WHEREAS , the New York State Office of Parks, Recreation and Historic Preservation's regional office has made a finding by letter of January 5 , 2004, that as submitted the Planning Development District will not have a significant impact on the natural or cultural resources or operation and management of the State Park nearby; and WHEREAS , an engineer's report dated September 16 , 2003 and amended November 30, 2003 along with survey map dated September 16 , 2003 , provides tile basis of the application, as prepared by Gary L Wood, Professional Engineer, license No . 44504 ; and WHEREAS , the application before the Board proposes as sole activity, the manufacture of prosthetic devices, which will by its nature involve up to 10 full time or ! k full time equivalent employees, delivery of raw materials by tractor-trailer weekly with no heavy machinery, no noxious chemicals used, no odors generated per the application and no waste products of any type discharged into the surface ground water; and WHEREAS, the proposed district has been determined to be in compliance with the Town of Ulysses Comprehensive Plan dated 1999 in that it encouraged small scale, non-polluting, and non-obtrusive types of businesses and light industry such as proposed by the applicant and owner, Robert Brown, for his business Flo-Tech as a manufacture of prosthetic devices, and in fact, which business previously existed across the highway (when it was rented) but now is forced to move; and WHEREAS , the Board is only considering 3 acres of the 120 acres owned by Mr. Brown for this district ; and WHEREAS , the particular site is ideally suited for such purpose and will utilize existing historic barn and visually be protected from view; and NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses hereby establishes , Development District No. 21 1 . This district shall be known as Development District No . 21 and be . appendixed to the Ulysses Town Zoning Ordinance pursuant to Article IV Section 5 thereof 2 . That the purposes of which the district may be used are as follows : a. The manufacture of prosthetic devices, and all necessary activities connected therewith. n Special Board Meeting 01 /26/2004 b . In connection with said use , up to 10 fulltime or full time equivalent employees . c . The facility on site must comply with all given application criteria and receive Ulysses Planning Board Site Plan approval, to insure compliance with all applicant's proposals before a Building Permit be issued. d. That any road entrance comply with State and County Highway Rules and Regulations . e . That any water and septic infrastructure comply with Tompkins County Health Department codes and receive its approval . 3 . The area of the district shall be 3 acres (minimum under Article IV Section 5 (a)), as set forth in the survey dated September 16 , 2003 of Gary L Wood, P . E . , being part of Tax Parcel No . 12 -4- 15 . 22 and have the following legal boundaries : BEGINNING at a point where New York State Route 96 intersects Tompkins County Highway known as Halseyville Road, being the northeastern corner of said rights of way of each road as shown on said survey; Thence north 16 degrees 33 minutes 40 seconds west along the eastern boundary of NYS Route 96, a distance of 214 . 56 feet to a point; Thence north 79 degrees 26 minutes 15 seconds west, a distance of 303 . 62 feet to a point ; Thence south 16 degrees 33 minutes 40 seconds east, a distance of 396 . 66 feet to a point; Thence south 10 degrees 18 minutes 35 seconds west, a distance of 136 . 28 feet to a point; Thence south 79 degrees 26 minutes 15 seconds east, a distance of 221 . 32 feet to a point on the easterly boundary of said Halseyville Road ; Thence north 10 degrees 18 minutes 35 seconds east, along said easterly right of way of Halseyville Road, a distance of 298 . 34 feet to the point or place of beginning . The above premises being 3 acres of land . This Development District No . 21 shall be effective upon legal notice and filing of this resolution . The Building Permit shall only be issued after Site Plan Review to comport with the details of the application as to structure and layout, and proper building code compliance, county highway, state highway: and County Health Department approvals . Mr. Ellis would like it entered into the minutes that it was presented at the Public Hearing the concern to have the barn restored to look like it does today. Special Board Meeting 01 /26/2004 Added to minutes per amendment at the 2/ 10/04 meeting : Mr. Ellis would like the minutes to reflect that at one point Mr. Brown was offering to use wood on the front part of the barn and so fourth and he feels that statement is a significant statement . Mr. Ellis knows that the Planning Board is going to have another look at things . Mr. Scott stated that he also indicated that it would be one side of the barn . Ms . Marino stated that she understood that he had said thy ; sides facing the road . Mr. Austic agreed that he had said the side facing the road. Mr. Scott stated that this is a discussion for the Planning Board. Mr. Brown will look into this wood siding. Ms . Marino wants added into the minutes her statement that she is wry much in favor of this project but she wanted to express the concern about the metal siding not meeting the Comprehensive Plan, in preserving the essential character structure in the neighborhood and that she has heard concerns about PDD ' s being used as spot zoning and that the Town could be sued for that. Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. 2003 BUDGET MODIFICATIONS After review of the Budget Modifications presented by Supervisor Austic , Mr. Ellis moved, seconded by Mr. Weatherby the following : BE IT RESOLVED that the Town Board of the Town of Ulysses authorize Supervisor Austic to make the following budget modifications to the 2003 Budget : General Fund A 2003 Budget Modifications Appropriation Increases 1010 . 4 Town Board CE 1492 . 84 1110 . 4 Justice CE 440 .47 1420 .4 Attorney 3120 . 00 1620 . 2 Building Eqt . 399 . 99 1620 .4 Building CE 3534 . 28 1670 .4 Print & Mailing 8336 . 74 1910 .4 Unallocated Ins . 2356 . 00 5010 . 1 HW Superintendent 376 . 68 5132 .4 Town Garage 2090 . 85 7310.4 Youth CE 3412 . 50 9010 . 8 NYS Retirement . 1242 . 64 9030 . 8 Social Security 1096 . 77 9040 . 8 Workers Comp . 959 .49 Total Budget increases 28859 . 25 Appropriation Decreases 1110 . 1 Justice PS 103 . 83 1220 . 4 Supervisor CE 309 . 11 1410 . 1 Clerk PS 1394 . 66 1410 .4 Clerk CE 1673 . 84 1450 .4 Elections CE 1875 . 00 1460 .4 Records Mngt. CE 1021 . 10 1920 .4 Municipal Dues 595 .00 3510 .4 Dog Control 245 . 00 7310 . 1 Youth Employment 1426 .47 . - • Special Board Meeting 01 /26/2004 7550 .4 Celebrations 71 . 86 5182 .4 Street Lighting 39 . 42 9055 . 8 Disability Ins . 49 . 20 9060 . 8 Health Ins . 3143 . 89 1990 . 4 Contingency 5000 . 00 Total Budget Decreases 16948 . 33 Increased Revenue Accts . 1090 Int&Pen RP Tax 709 .45 1255 Clerk Fees 618 . 10 2544 Dog Licenses 1346 . 52 2610 Fines & Forfeitures 2028 . 00 2665 Sale of Surplus Eqpt 250 . 00 • 2701 Refunds from Prior Yrs . 2185 . 20 3005 Mortgage Tax 82687 . 68 Total Revenue Increases 89824 . 95 Total Net App . Increases 16948 . 73 Anticipated Fund Bal . Inc 72876 . 22 General Fund B Budget Modifications Appropriation Increases 1440 .4 Engineering/Consultants 2188 . 50 8010 . 1 Zoning Officer PS 24 . 36 8020 . 1 Planning PS 2591 . 04 8020 .4 Planning CE 4590 . 00 9010 . 8 NYS Retirement 150 . 44 9040 . 8 Workers Comp . 132 . 28 9060 . 8 Health Ins . 9 . 13 Total Budget Increases 9685 . 00 Appropriation Decreases 1990 . 4 Contingency 2000 . 00 3620.4 Bldg. Insp . CE 530 . 28 8010 . 4 Zoning CE 312 . 61 9030 . 8 Social Security 341 . 61 9055 . 8 Disability Ins . 5 . 00 Total Budget Decreases 3189 . 52 Revenue Increases 1120 Sales Taxes 29278 . 32 2110 Zoning Fees 450 . 00 2555 Bldg. Pmt. Fees 17048 . 50 2701 Prior Year Refunds 402 . 65 3001 Per-capita Aid 92 . 00 3089 State Aid Bldg. Dept. 2893 . 53 Total Revenue Increases 50165 . 00 Highway Town-wide DA Fund Appropriation Increases 5130 . 1 Eqpt. Repair PS 7789 . 35 5130 . 4 Eqpt. Repair CE 930 . 07 5142 . 1 Town Snow PS 5261 . 46 5142 .4 Town Snow CE 3215 . 03 5148 . 1 Snow OG PS 5261 .46 5148 .4 Snow OG CE 5142 . 50 Special Board Meeting 01 /26/2004 9010 . 8 NYS Retirement 566 .46 9030 . 8 Health Ins . 291 . 28 9040 . 8 Workers Comp . 3251 . 50 Total Budget Increases 31709 . 11 Appropriation Decreases 5120 . 1 Bridges PS 1000 . 00 5120 . 4 Bridges CE 1000. 00 5130 . 2 Eqpt. Purchases 4386 . 47 5140 . 1 Brush & Weeds PS 608 . 64 5140 .4 Brush & Weeds CE 1018 . 75 9055 . 8 Disability Ins . 13 . 57 9060 . 8 Health Ins . 2433 . 03 Total Budget Decreases 10460 . 46 Revenue Increases 2302 Services OG 5047 . 39 2665 Sale of Surplus Eqpt . 4500 . 00 2701 Prior Year Refunds 1249 . 17 Total Revenue Increases 11696 . 56 Highway Part-town DB Budget Modifications Appropriation Increases 5112 .2 Highway Cap . Improvements 6988 . 72 9010 . 8 NYS Retirement 566 .46 9040. 8 Workers Comp, 3476 . 73 9055 . 8 Disability Ins . 8 . 75 Total Budget Increases 11040 . 66 Appropriation Decreases 5110 . 1 Highway Repair PS 3011 . 89 5110 .4 Highway Repair CE 8526 . 57 9030 . 8 Social Security 1028 . 14 9060 . 8 Health Ins . 2442 . 94 Total Budget Decreases 15009 . 54 Revenue Increases 2701 Prior Year Refunds 4555 . 35 3501 Chips 52 . 00 Total Revenue Increases 4607 . 35 Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms . Marino aye Mr. Ellis aye Adopted. Lateral Water Line Restrictions for Ulysses Water Districts Supervisor Austic explained the resolution as previously presented. Special Board Meeting 01 /26/2004 After a long discussion the original resolution presented was modified and Mr. Ellis moved, seconded by Mr. Weatherby the following : WHEREAS , The Town of Ulysses is desirous of preserving the viability of agriculture in the Town of Ulysses ; and WHEREAS , The Town of Ulysses is concerned that the formation of water districts and the construction of new water lines throughout portions of the Town that are currently within a Tompkins County Agricultural District may increase development pressures making it more difficult to preserve agricultural lands ; and WHEREAS , the Town of Ulysses Zoning regulations have been developed to encourage development in areas of the Town deemed to be of lesser agricultural value in an effort to ensure the viability of our areas of greater agricultural value ; and WHEREAS , at the time of formation of Water District No . 3 , the local Agriculture Land Protection Board' s survey of local farmers found overwhelming support for the district formation and little concern for the detrimental effects upon their agricultural operations ; and WHEREAS , in a report to New York State Department of Agriculture and Markets, the Tompkins County Agriculture Land Protection Board recommended to the Department that no lateral extension restrictions be placed on Ulysses Water District No . 3 ; and WHEREAS, the Town of Ulysses wishes to make every effort abide by the policies of the New York State Department of Agriculture and Markets, while at the same time following its well thought out zoning plan designed to preserve the Town' s higher class agricultural resources ; NOW THEREFORE BE IT RESOLVED by the Town Board of the Town of Ulysses as follows : a. The only land or structures which will be allowed to connect to Water District No . 3 lying wholly within the Tompkins County Agricultural District and wholly within the Town of Ulysses Agricultural/Residential District, will be existing structures, future agricultural structures, and land and structures that have already been approved for development by the local governing body prior to the construction of the Water District #3 . Land and structures that have been approved for development refer to those properties/structures that have been brought before a local governing body where approval is needed to move forward with the project plans . b . Future lots resulting from a minor subdivision located wholly within the Tompkins County Agricultural District and wholly within the Town of Ulysses Agricultural/Residential District will not be subject to lateral restrictions . Future lots, in the areas described above, resulting from a rural or major subdivisions are subject to lateral restrictions . If, however, the owner of the proposed rural or major subdivision can demonstrate to the satisfaction of the Town Board that lateral extensions to the subdivision will not have a detrimental effect upon present or future agricultural uses of neighboring properties and that granting of water extension to the subdivision will not conflict with the Ulysses Zoning Ordinance, lateral extensions may be granted by the Board upon approval from the Department of Agriculture and Markets . c . If an existing commercial landowner located wholly within both the town and county agricultural districts can show a significant hardship, the Town Board upon approval by the Department of Agriculture and Markets may remove lateral restrictions . d. The resolution shall take effect immediately upon approval . , I I I I I I ,-1 c Special Board Meeting 01 /26/2004 Mr. Austic aye Mr. Scott aye Mr. Weatherby aye Ms. Marino aye Mr. Ellis aye Adopted . Sales Tax Revenue 1 Supervisor Austic advised the Board that he has received a calf from David Squires at the County and the sales tax for the forth quarter will be greater than anticipated around $ 37 ,000 . He recommended to the Board to take this additional revenue and place it into the Water Reserve Fund. Hearing no further business Mr. Weatherby moved, seconded by Mr. Scott to adjourn the meeting. Unanimously approved, meeting adjourned at 9 : 05 F'M . Respectfully submitted, 742,0124, i Marsha L. Georgia Ulysses Town Clerk l 1 c O