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HomeMy WebLinkAbout2005-06-21-PB TOWN OF ULYSSES PLANNING BOARD 06/21 /05 Approved August 18, 2005 Present : John Wertis-Chairman, Planning Board Members-Margot Chiuten, David Means, Rod Porter Excused : David Tyler, Rose Hilbert. Guests : Judith Cone, Cheryl Thompson A quorum is present at the meeting; the meeting was called to order at 7 : 30 pm . Judith Cone Property Mr. Wertis introduced Ms . Cone as the property holder of 3520 Krums Corners Road ; the property is a non-conforming use . Ms Cone stated the property was purchased in 1992 to start the business . In the interest of not rattling any cages it was considered a cottage business under the loose term that you do not have to live in the building to be a cottage industry-she lives a quarter mile away and it was considered an outbuilding of her residence . Mr. Wertis raised that this rural corner presents itself as the "Poster Child" of the Comprehensive Plan-it has farmhouse, barns (in good shape) and agricultural open space Now the computer business has developed to the point that where new space is needed; renovation, remodeling and addition plans are in the works . The problem is it is non- conforming use or in this advanced situation and Ms . Cone has been looking for a way to make it legal and to get everything done. Ms . Cone stated that is mostly true. She was on the Committee that developed the Comprehensive Plan-there was a plan to develop this area into a PDD since this already was operation in this area. She had been on the Planning Board however due to work commitments could not pursue this plan and it did get dropped from the Comprehensive Plan . The PDD area did get dropped partly because of the 10 acreage requirement, it got changed to 3 acreage-she did not have access to the additional acreage. Now, she has the opportunity to purchase the additional acreage and would like to get "right with the town", she would like to become legitimate and have the extra room they need. Mr. Wertis indicated that Ms . Cone had attended a Town Board meeting with a brochure and their reaction seemed to lean in a Planned Development Unit. The suggestion being it be is made is a multi -use development use ; the Town Board worded the resolution as Agriculture-Business-Residential designation. He asked if in the back of Ms Cone ' s mind she would continue the MCCI Business in the building and the farmland behind continue to be farmed, if operations cease at this location the property would return to being residential . Ms. Cone informed the members that when she gets to retirement and she sells to a nice family who would like to farm the property; she would prefer they not have to go through this process . Mr. Wertis stated the Town Board has accepted the proposal/application from MCCI and have asked the Planning Board to make a recommendation on the planned development. There will also eventually be the need to do a Site Plan Review on the structural changes of the property should the unit come into being. Ms. Cone asked how far down the line is the Planning Board talking. Mr. Wertis informed them if the Planning Board approves this tonight . Mr. Austic commented the Town Board could address it tomorrow night, schedule the Public Hearing and they could review it when they meet on July 12th and possibly schedule the Site Plan Review . Mr. Porter is the experienced one at the meeting tonight and he could comment if this is the logical procedure. Ms . Cone and her architect have provided all the Planning Board 2 06/21 /05 information, it is Mr. Rachun' s position that the information that is needed for the Planned Development is the same as Site Plan Review. Mr. Wertis does not totally agree and believes there are differences . Mr. Porter commented that essentially it is the same ; additional information would be needed for the Development District. Mr. Wertis agreed that philosophical things related to the Development Unit and the Comprehensive Plan should be addressed. He would like to develop a recommendation for the Town Board and pick up the Site Plan Review after it is a legally designated unit . Mr. Porter asked if the Town Board would deliberate and assign the Development District. Ms . Chiuten asked if they have to go together-so the Development District would not be created if it is not needed . Ms . Porter and Mr. Wertis agreed that it works both ways ; they would want to have the two items coincide with each other. Ms . Chiuten asked if they make the recommendation tonight would it be more likely to be approved in terms of Site Plan Review . Mr. Wertis advised yes and this would enable the Planning Board members to review the material Ms . Cone has provided and take a tour of the Site . Ms . Cone asked that if additional items will be needed for Site Plan Review she would like to know so she can get that information as soon as possible. Mr. Wertis stated that as we examine the material tonight they will try to draft a list for her. If members decide later after reviewing the material they can notify Mr. Rachun or Mr. Wertis and they will advise Ms Cone of the items needed . Mr. Means asked if the proposal is contingent on purchasing the additional property. . Ms . Cone stated that yes ; she definitely has to purchase the property. She made the purchase offer contingent on getting the board approval and financing. After a month she changed her mind and decided to purchase the property. They are waiting for the survey and the lawyer to set a closing date , her financing is arranged . Mr. Means asked if she has any problems in her history with her neighbors . Her neighbors are Torn who has been very supportive-she has known him 40 years . Jerry farms across and on the south end of the property- she has told him if he is willing to sell she would be interested in purchasing. David Thompson owns a lot of land nearby and is happy and has offered to write letters to the board. Irene Chaffee grew up in the house that is the office and is the only one with property adjacent but accepted low bid on the house because they wanted her to be able to do this . Chuck Howsen farms land near and • is happy with the arrangement. Lyle Gordon lives on the corner and is thrilled the trailer will be gone from the property. They have an open house and drop in and. visit . Mr. Wertis offered a motion the Ulysses Planning Board recommends to the Ulysses Town Board that the property owned by Terrill Moore and Judith Cone known as 3520 Krums Corners Road along with additional to be purchased 20 acres of surrounding farmland making a total 22 . 84 acres be designated a multi - use development district restricted to agriculture, residential and/or MCCI Computer Consulting Business . Mr. Porter stated he preferred to discuss it prior to accepting the motion . Mr. Wertis asked Ms . Cone to clarify in the application to the Town Board - it reads agriculture, business and residential ; what struck him is the Planned Development I Planning Board 3 06/21 /05 Districts in the new Zoning are very specific . Why is the request for business vs . a specific business . Ms . Cone stated that in the proposal she had specifically stated that it would be MCCI. Mr. Porter informed her that in the first proposal it does say business . Ms . Cone answered that at the first Town Board meeting she attended, Mr. Wilson informed her and the Board that agriculture was not an allowed use in a PDD, Mr. Rachun informed her agriculture is an exempt use . However, the Town Board reiterated that agriculture was a disallowed use in a commercial district . So, if she were to go for a PDD she had a choice of trying to go for a subdivision of 3 acres of 22 . 84 and taking the 3 acres and making that a PDD . Unfortunately, there was a moratorium on subdivisions so she could not go for that; the whole thing had to be a PDD or wait until the moratorium ended . She wanted to make it dear to the Town and her neighbors that she does not plan to develop the full 22 . 84 into a big megalithic industry. She wants to keep it agricultural -it was pointed out to her at a Town Board meeting that is easy to say- so she thought specifically stating this as part of her PDD would assure all this is her intention . Ms. Chiuten addressed Ms . Cone if she had her choice would she have done just the 3 acres . Ms . Cone informed her yes she definitely would have done just the three. Ms . Chiuten asked with the two parcels technically she is zoning the two parcels ; did she not have the minimum or is she consolidating the parcels . Ms . Cone indicated she ' s consolidating three parcels to make the 3 acres. It would have to be subdivided in a rather ugly subdivision to make the 3 acres. Mr. Porter addressed the group he ' s unsure if a development district has to follow parcel • Lines, they did a development district with Flo-Tech and it was only a small piece of a very large parcel . Could she accomplish the same thing with a variance vs . a development district. Ms . Cone answered she was told by the Town. Board she absolutely did not want to try to get a variance for this project. Mr. Porter replied for the type of variance it probably would be difficult to get. Mr. Wertis stated his focus is a little different going back to Ho-Tech; the use of Ho-Tech is very specific in the business only developed prosthetic devices . Ms . Cone stated that in her request it is specific and distinctly in. the Comprehensive Plan that Research and Development be allowed . MCCI does computer Research and Development with no onsite sales on this property . Mr. Wertis asked would you be comfortable with that as compared to the business statement . Ms . Cone replied yes, this would be fine . She offered her statement in her proposal • Page 1 paragraph 4 "requesting an adaptive reuse of the farmhouse for use as a business specifically software research and development" . There is a definition of research and • development in the Comprehensive Plan which prohibits retail sales . Mr. Wertis indicated that is one of the reasons he read the letter of recommendation so they could establish a list of specific additions or restrictions . Mr. Porter added that he questioned in his original motion is the necessity to include all the land . Ms Cone lamented that she did not want to have to go back and try to do this all again . Planning Board 4 06/21 /05 Mr. Porter informed her she would not necessarily need to define the area of the 3 parcels that she want's to be in her Development District. Ms . Cone indicated that she thought it was on her graphs and maps . Mr. Porter informed her she did not really need to have all the 22 acres in her district. Ms . Cone stated the Town Board informed her she could not do anything else. if the plan A , is changed they will sent it back. ; . } Mr. Wertis asked if she was uncomfortable with all the acres being in the district . Ms . Cone replied she was not — she wants to keep it as agricultural . If the zoning changes then the increase of housing could grow. She can assure that this will not happen if she owns it and can lease it to the farmer. Mr. Porter answered that this has appeal to a lot of people . Ms . Cone asked if something happens to her then someone has to make a change to stop the farming. If the 22 acres is a P:DD and 20 acres is set up as agricultural , then she and her husband Pass away, someone inherits the land-does the PDD go away or stay with the property. Mr. Porter replied the property would stay as designated in the Zoning area. Mr. Wertis answered that Ms Cone has asked all kind of legal questions in advance and the Town Board up to this point has been receptive to this . Mr. Porter stated he still questions the need ; it is a good gesture-many people appreciate the contract to maintain farming, but for what she is trying to do it is not needed. Ms . Cone answered she realizes this-she could have moved someplace else . Mr. Porter replied that to accomplish her goal , a planned development district on 3 or 4 acres would be sufficient. Ms . Cone stated that she would like to protect her little corner of the world ; as long as the Town has the authority to keep a PDD with restrictions . One of her reasons for getting on the committee for the Comprehensive Plan was she loves this town. She has a plan that is good for the town-she is doing a commercial development, in return for this she would like to tell the Town Board it will stay farmland. She can do this on her own but she would like to be able to have it in her plan so all know that this is what she is doing. Mr. Wertis asked himself if this is a good deal for the Town, beneficial to the town as well as the lager issues of the Comprehensive Plan. Ms . Cone answered that the salaries in this building alone are $ 1 ,000 . 000 . 00 and the majority live in Ulysses , they spend $ 1 , 000,000 . 00 on goods and services , they hire locally and b;uy locally-they bring business in from outside of the United States . She feels this is a good business for this Town . Ms . Chiuten Tasked will the language in the PDD be stated that this corner is business, and the remainder is agricultural . Would it ever have the potential to become business . Ms . Cone stated that until she can get the Department of Health approval for septic she cannot give specific inches of measurement; but she would have that the current areas that are farmland would remain farmland . Mr. Porter asked the 3 acres would be used for business/residential if Ms Cone leaves, the rest of the 20 acres would be farming only . i Planning Board 5 06/21 /05 Mr. Means stated that it would be 2 specific uses when Ms Cone owns it . Mr. Porter answered that if this is what she wants it is important to indicate that the residential would only be allowed on the 3 acres . He does not think this would happen but if this area was designated to be moderate density residential ; she is taking 20 acres of moderate housing out of circulation . Ms . Cone replied that she had done the SEQR on the property, and according to Mr. Rachun there is the potential for 18 homes on the property . 1 Mr. Porter doubted she would get that argument-but is playing Devil ' s Advocate . Ms . Cone stated that Mr. Rachun informed her to go through the Comprehensive Plan and the Zoning Laws to prepare her proposal . She did this and could not find any negative items-her proposal coincides with the goals . Mr. Porter stated from a Site Plan Review there are 2 items they look for is traffic and lighting. He noted lighting is directed but would the employment level increase with this expansion . Mr. Wertis asked what the expansion would allow them to have. Ms . Cone replied that it would allow them 30, 25 is their ideal -currently they have 17 employees . They have an office Korea, Japan , China, Taiwan., England , Sweden , Michigan, Washington State, Maryland, and North Carolina-they have 10 offices so if they have to expand they expand these offices . This property will be Senior Engineering, Structural Engineering and Administration , their customer base is not here . Mr. Wertis stated he has a running list of restrictions to offer with the positive recommendation. 1 . Contingent on purchase of additional property, 2 . Software development and business be specifically indicated, 3 . Should it exceed 30 employees additional approval is needed . Ms . Cone replied there is not enough square footage, she looked at other places yet she loved the house. The house was originally built in 1860 — the part they are taking off is not structurally up to par with the original house . They plan to save the wide plank floors, and maintaining the integrity of the original . The additions are similar to the design of the house and will look substantially better. Mr. Wertis moved the following, seconded by Mr. Porter- The Ulysses Planning Board recommends to the Ulysses Town Board that the property owned by .Terrill Moore and Judith Cone (known as 3520 Krums Corners Road) along with an additional to be purchased 20 acres of surrounding farmland (making a total of approximately 22. 84 acres) be designed as a multi-use development residential use. Recommendation unanimously approved by Ms. Chiuten, Mr. Means, Mr. Porter and Mr. Wertis, recommendation forwarded to the Town. Board via memo 06/22/05 . Meeting was adjourned at 8 : 45 with unanimous approval. . Respectfully submitted, Robin Carlisle Peck Secretary t i t .