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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 . Special Board Meeting 2 06/08/2005 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 . Special Board Meeting 3 06/08/2005 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 Special Board Meeting 4 06/08/2005 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 MLG : mlg is