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Home My WebLink About2004-08-24 - TB TOWN OF ULYSSES SPECIAL BOARD MEETING REVIEW OF DRAFT ZONING August 24, 2004 PRESENT : Supervisor Doug Austic , Town Councilpersons Roxanne Marino and Don Ellis ; Councilpersons Scott and Weatherby absent ; Town Clerk Marsha Georgia and Deputy Supervisor Richard Coogan . Preparation of a Spill Control and Countermeasure Plan Supervisor Austic presented the Scope of Services from Barton & Loguidice for Preparation of a Spill Control and Countermeasure Plan as follows "Barton & Loguidice, P . C . is pleased to submit this proposal for engineering services to assist you in the development of a Spill Prevention Control and Countermeasure (SPCC) Plan for the Town of Ulysses' Highway Garage located on Colegrove Road . Since the total aboveground storage capacity of oil at this facility (in bulk storage tanks and drums) exceeds 1 , 320 gallons, you are subject to the Federal Oil Pollution Prevention regulations (40 CFR Part 112) and you are required to have and maintain SPCC plan for your facility. Our detailed scope of services related to assisting you with preparation of a SPCC plan is described below . Scope of Services B &L will conduct a site visit to review the petroleum bulk storage and handling areas, facility drainage, and the loading/unloading procedures utilized at the site . B &L will also review the facility's current operational practices with respect to the storage and handling of oil . Any compliance deficiencies identified will be incorporated into the SPCC plan as part of a compliance implementation plan. We will also review the petroleum bulk storage tanks for compliance with NYSDEC and EPA regulations , and obtain information pertaining to previous petroleum releases at the site. We assume that an existing property site plan is available for our use in creating the required SPCC site and building plans . B &L proposes to prepare a SPCC Plan for the facility incorporating the above information to meet the minimum requirements of 40 CFR Part 112 . The plan will reflect the information and procedures utilized by the facility including a discussion of historical petroleum releases, potential release scenarios, existing drainage patterns, containment equipment, and training and inspection requirements . A draft copy of the facility's SPCC Plan win be submitted for your review and comment Upon receipt of and incorporation of your comments, a final copy of the SPCC Plan will be prepared under a professional engineer's stamp and signature . Two copies of the facility' s final SPCC Plan will be provided in 3 -ring binders for your use . Fee and Schedule Barton & Loguidice, P . C . , proposes to provide the engineering services outlined above for a lump sum fee of Three Thousand Dollars ($ 3 , 000) . It is anticipated that one half-day site visit will be required to complete the Plan, and assumes that no additional site visits will be required. A draft plan will be available within four weeks of the schedule site visit. If additional site visits are required, or additional services are requested beyond the general Scope of Services described herein, those services will be billed on a time and expense basis in accordance with our scheduled rates . Please do not hesitate to contact Eric Pond, Scott Nostrand or myself if you wish to discuss the Scope of Services presented above, or to clarify our approach . If this proposal meets with your approval , please countersign below and submit one copy for our records . B &L is available to initiate this Scope of Services upon receipt of your authorization . We appreciate this opportunity to be of service to you, and we look forward to working with you on this project . " Mr. Austic advised the Board that in 1995 the Town Highway dug up the old tanks and installed an above ground tank with a containment system and this was done according to DEC regulations and specifications and then registered . Since that time the Federal government has mandated another program , which requires what B &L has proposed. Special Town Board Meeting 2 08/24/2004 The general consensus of the Town Board was to authorize Supervisor Austic to sign the "Authorization to Proceed" with Barton & Loguidice. Mr. Ellis moved, seconded by Mr. Austic the following : BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Supervisor Austic to sign the "Authorization to Proceed" with Barton and Loguidice as described herein in accordance with the Terms and Conditions proposed herein and in accordance with the Annual Engineering Services Agreement in effect at the time the service is rendered . Mr. Austic aye Ms . Marino aye Mr. Ellis aye Adopted . Standard Annual Agreement with Barton & Loguidice Supervisor Austic stated that because the Town has a lot of stuff coming up that may require the services of an engineer, like storm water design or advice on site plan review . Barton & Loguidice has a sent the Town their standard agreement without any annual fee to remain on a retainer type of agreement and then if the Town needs their services they would send out a scope of services for a specific project . The Town could agree to each thing that needs to be done but at least the Town is on their books as being one of their clients and there is no annual fee for being retained . Mr. Ellis asked what would be gained by this agreement. Mr. Austic stated that we would gain faster response because we would be one of their clients . Mr. Ellis would like to see a rate schedule from Barton & Loguidice . Mr. Austic agrees that this is a reasonable request and will ask for this and then bring this up at the next board meeting. Mr. Coogan concurrently made changes to the current draft document on his computer as the meeting went on. Review of braft Zoning Ordinance Note : These minutes reflect the changes to the ordinance ; the tapes are available for any discussions that took place at the meeting. Review resumed on Article XIV — Development Districts 14. 1 Purpose Delete the objectives of — in the last line and place Ulysses in front of Comprehensive Plan and capitalize it . Note : do this throughout the document. Add : Flo-Tech Development District as it exists to day at the end of this section. Article XV — Administration 15. 1 . 1 Establishments 3rd paragraph - delete or alternates 4th paragraph — 1st sentence - put a period after Board of Zoning Appeals . Start second sentence with The Board of Zoning Appeals and delete and said board. 15 . 1 .2 Area Variance Use upper case when referring to Area Variance, Use Variance and Special Permit throughout the document. Add a new number here, which would be 15 . 1 .4 Interpretation . 15. 1 .5 Application for Special Permits Special Town Board Meeting 3 08/24/2004 1st paragraph the Town Law Section should be 274-b Under # 1 add in the name of the project . Under #7 delete first part of sentence — When the nature of the proposed use for which a special permit is sought warrants . Under #9 have it read — The applicant shall provide any other information deemed reasonable and necessary by the Board of Zoning Appeals or Town Board. Add section for Special Permits similar to 15 . 2 . 6 Add additional section for Planning Board Functions (Mr. Frantz will take this from Town Law) 15.2 Site Plan Review (will be new number) 15.2 .3 Procedure Sketch Plan Conference Change Zoning Officer to read Code Enforcement Officer (do this throughout document) and change planning board representative to read the Planning Board Chair or their designee . Change this in the beginning and end of the first paragraph. Formal Application Site Plan Approval Re-title this to Site Plan Review 1st paragraph - #5 — confusing — may need to be reworded. 2nd paragraph — change to read — The application for site plan approval shall not be submitted to the Planning Board until the Code enforcement Officer receives all of the above. 3rd paragraph — end of last sentence add in of any requested supplementary information after 30 days from receipt. 4th paragraph #4 — the Town Board would like this to change to 10 days instead of 7 days . 8th paragraph — 2nd sentence delete on the appropriate submission and change to in the appropriate form . 10th paragraph — 1st sentence delete findings and replace with disapproval . 11th paragraph — 2nd sentence add in applicable before criteria. 13th paragraph move up 7 paragraphs . 15.2 .4 Site Plan Information Required # 1 - k - delete as determined at the sketch conference 15. 2 . 6 Consultation and Hearing on Proposed Site Plan Add after 1st paragraph — Additional consultation where fees are involved requires approval by the Town Board . Such fees shall be borne by the applicant. 15.2 . 7 Submission of Final Detailed Site Plan Change Zoning Officer to Code Enforcement Officer Note : Check Reference Numbers after changes 15 . 2 . 10 Modifications to Approved Site Plans 2nd paragraph delete and move last paragraph to here . Special Town Board Meeting 4 08/24/2004 # 1 delete the proposed modifications is not in and replace with — does not involve a #2 start sentence with does not involve #3 delete the proposed shift Delete involves in the next sentence . Hearing no further review the Board set the next meeting for September 15th at 6PM and closed the meeting at 9 : 20PM . Respectfully ;submitted, Marsha L. Georgia Ulysses Town Clerk