HomeMy WebLinkAbout2005-06-08-STB TOWN OF ULYSSES
SPECIAL TOWN BOARD
ZONING REVIEW
JUNE 8, 2005
PRESENT : Supervisor Doug Austic , Town Councilpeople Lee Scott, Robert Weatherby;
Roxanne Marino and Don Ellis ; Town Clerk Marsha Georgia.
Others Present : Alex Rachun, Code Enforcement Officer; Bruce Wilson, Attorney for
the Town; John Wertis, Planning Board Chairman ; Debra Austic ; Edward Snyder; Mr.
And Mrs. Beeusaert.
Supervisor Austic opened the meeting at 6 : 00 pm .
Mr. Austic informed the Board that Mr. Schurman of 3317 Swamp College Road had
stopped in and questioned why his property was not on the Zoning Map as R1 . The
Zoning Map does not show his property defined as a lot . Mr. Austic said that he feels
that there is no reason not to include Mr. Schurman ' s property in the R1 .
Further review of the Zoning Map it was decided that his property is in R1 .
Waterburg Hamlet
The Board has received letters from residents in Waterburg and a survey requesting that
the Hamlet district be changed to an R2 with smaller lot sizes . Eight out of the fifteen
residents have requested this .
Mr. Austic said that if they want to be an R2 it would be okay with him but he does not
see making a special R2 with smaller lot sizes .
Mr. Ellis said that he likes changing it to R2 much better than having two hamlet
designations .
The residents signing the petition are also requesting the smaller lot sizes to avoid having
non-conforming lots .
Mr. Austic and Mr. Ellis agreed that if changed to R2 it would be the current R2 and no
special changes .
Mr. Austic feels that there was a lot of misunderstanding with the residents in Waterburg
and what is allowed and not allowed in the Hamlet District .
Ms . Marino felt that the allowance of business in the Hamlet District also was a concern.
Ms . Deb Austic , Waterburg resident said that not everybody in Waterburg is against the
Hamlet. She feels that there was a lot of misinformation and inaccurate information. Ms .
Austic said that the Town Board has worked on the Zoning for thousands of hours and
that the residents have had ample opportunity to provide input into the process .
Mr. Ellis asked Ms . Austic if she felt there were other advantages to being a Hamlet other
than avoiding the issues of non-conforming lots .
Ms . Austic said that she feels it is an advantage to people to restore their historical homes
with out going through another hurdle of having to get an area-variance .
Ms. Marino said that it way make sense to revisit the Hamlet Residential .
Mr. Ellis said that an R2 designation may provide the very best for the people who are
there because of the non-conformance issues . This would add some protection to the
residents because when proposed changes are to be made they would be reviewed by the
Zoning Board of Appeals .
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Mr. Rachun said that any change in the property would result in an application for a
variance and accost of around $ 150 .
Ms . Marino said that what she heard at the public hearing it was more the allowance of
business in the Hamlet District that people were threatened by.
Mr. Austic said he felt the residents were over reacting.
Ms . Marino said that the wording in the Hamlet does say the purpose is to provide
opportunity for residential and small-scale, pedestrian-oriented, commercial development
to serve the varied needs of local residents . Ms . Marino said and this is what she heard at
the public hearing to the objections of Waterburg being classified as a hamlet.
Mr. Scott said that the description fits perfect in Jacksonville .
Ms . Marino said yes it is perfect for Jacksonville but not for Waterburg .
Mr. Austic said originally there were two hamlet districts and the Board decided to
combine the business and residential hamlet districts and did not consider the
implications to Waterburg.
Ms . Marino feels would be easier to just put in another Hamlet District for Waterburg
that would be just residential with no business .
Ms . Austic said he was not in favor of making Waterburg an R2 .
Mr. Ellis said that the Board has a matter of process to consider. To create a special
district at this point in the Board ' s process of approving the Zoning at the request of
certain people causes him to wonder about that as process . It seems the residents have
chosen to change to R2 but if the Board changed it to what the existing R2 is than it
would not be a special district.
Ms . Marino said that it would not be difficult to go to the Hamlet Residential because we
have all of the text and certainly is in agreement with the goals of the Ulysses
Comprehensive Plan.
Mr. Wertis said that the residents are not requesting the Hamlet Residential but the Board
has the wisdom in planning to make that decision that is best for the Town and that is
what the Board needs to focus on.
Mr. Ellis said that Waterburg might be needed to be dealt with in a different way because
the homes are so close together.
Ms. Marino pointed out that in the Hamlet District in Jacksonville you could live that
close and do what they want, but business is allowed in Jacksonville . So to Ms . Marino
Mr. Ellis ' s statement does not make sense .
Mr. Ellis moved, seconded by Mr. Scott the following :
Be It Resolved that the Town Board of the Town of Ulysses changes the
designation of the Waterburg area from Hamlet to R2 .
I ►
Mr. Austic aye
Mr. Scott aye
Mr. Weatherby nay
Ms . Marino nay
Mr. Ellis aye
Adopted .
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List of Concerns of Alex Rachun , Code Enforcement Officer in Final Zoning Draft
Manufactured Home, singlewide - Mr. Rachun has not been able to find in the draft
zoning any restrictions on singlewide mobile homes . Mr. Rachun said that the Town has
currently in the Zoning Ordinance and it clearly states that singlewide mobile homes are
only allowed in a mobile home park .
Mr. Austic said that the zoning law says if it definitely does not say it is allowed than it
isn ' t.
Mr. Ellis said that it is not a use it is a residence .
Mr. Austic said that would have to be checked out .
It was suggested to insert a statement in General Provisions " Singlewide Manufactured
Homes only allowed in Manufactured Home Parks" .
Elder Cottages - Mr. Rachun said that the design standards are seriously lacking criteria
and as such can allow for housing standards that are currently not allowed. By definition
and design under our draft zoning an elder cottage can be a 1965 singlewide mobile
home, 10 ' by 70 ' and not in particularly good condition . Mr. Rachun has provided
design standards that are typical in other ordinances for Elder Cottages .
The Board decided to add to definitions the following : The unit may be manufactured
housing provided that the width of the unit shall be no less than 22 feet .
Ag Commerce - Mr. Rachun has concerns about the Ag Commerce.
Ms . Marino feels that Ag Commerce should have design standards .
After much discussion the Board felt that Mr. Rachun could develop Design Standards
for Ag Commerce with the help of Mr. Frantz .
Hamlet Waterburg
Mr. And Mrs . Beeusaert of 6021 Brook Road arrived late and wished to speak about the
designation of Waterburg as a Hamlet District . Mrs . Beeusaert spoke very much in favor
of leaving Waterburg as a Hamlet mainly because it would make their property
conforming. Mrs . Beeusaert wished to give her positive thoughts on this remaining a
Hamlet because others have expressed the opposite . Not all residents are against
Waterburg being a Hamlet. She and her husband are not worried at all about business
coming into the hamlet.
The Board thanked Mr. and Mrs . Beeusaert for coming in and expressing their feelings .
Ag Commerce
The Board continued a lengthy discussion on Ag Commerce . The end results are as
follows :
Ag Commerce is a permitted use in related to the operation of the farm provided
that it is within an existing building or an addition to an existing building of not more
than 50% of the building all other will have to apply for a Special Permit by the Town
Board.
Mr. Austic had to leave the meeting.
Mr. Wilson also pointed out under 3 . 3 Planning Board the Section should be 271 and not
274a.
Comments of Curt Dunnam Article 18 Tower Ordinance
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Mr. Dunnam previous email information in reference to the exemption language. Mr.
Dunnam stated that the guy wire prohibition should be deleted, cellular
telecommunications facilities should be excluded and a deferential citation of
47CFR1 .4000 included (there are rare circumstances where the FCC rule would preempt
the 75 ' tower height limitation) .
Under Section 18 . 2 the Board deleted — and (2) does not require use of guy wires to
stabilize the antenna structure . Also reference the FCC rules under the 75 ' .
Hearing no further business Mr. Weatherby moved, seconded by Ms . Marino to adjourn
the meeting. Unanimously approved, meeting adjourned at 8 : 40 PM .
Respectfully submitted,
Marsha L. Georgia
Ulysses Town Clerk
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