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HomeMy WebLinkAbout2005-11-15-PB TOWN OF ULYSSES PLANNING BOARD 11 /15/05 Approved 11/29/05 with revisions Present : Interim Chairperson David Tyler, Planning Board Members : David Means Darien Simon and John Wertis . Code Enforcement Officer Alex Rachun . Excused: Margot Chiuten Unexcused : Rose Hilbert, Rod Porter Applicants : Charles Pomada A quorum is present at the meeting ; Mr. Tyler called the meeting to order at 7 : 32 pm . Minutes : Mr. Tyler submitted revisions to the minutes of 11 /01 /05 . Mr. Wertis stated he had objected to this in a prior meeting if it is minor revision he would like them to be submitted to the Secretary prior to the meeting. If he is reviewing them while other business is being dealt with he is concerned with missing information at the current meeting. Mr. Tyler stated it is his goal to create an accurate record that can be reviewable in the future. The changes he makes are parenthetical in nature . Mr. Means made a MOTION to approve the minutes, Ms Simon seconded. Mr. Tyler, Mr. Means and Mr. Wertis approved s . Simon abstained . Upon approval by the quorum of additional members at a later meeting the minutes are approved . Charles Pomada-Minor Subdivision Mr. Tyler noted an application for subdivision of land by Mr. Pomada. Mr. Wertis stated it is a "double whammy" as a minor subdivision due to the lot being subdivided into three lots and it is located on Dubois Road . Mr. Tyler requested Mr. Pomada give a summary of the project in front of the Board. Mr. Pomada stated this is a parcel across from Poyer Orchard ' s on the west side of Dubois Road across from Moore ' s Outboard Center and next to Jerry Stevenson ' s tree farm. They had wanted to sell this past summer however they were asking too much money or the market was not there because they did not sell . Due to a change in their economic situation once the moratorium was lifted they decided to try to sell again. He was approached by a friend who was interested in the one of the lots subsequently another acquaintance expressed interest in the remaining lot thus he has decided to subdivide. The original lot when he purchased the property in 1998 had been subdivided into 3 parcels-the current plans are similar to what they where when he purchased the land. After he had lived there three years he consolidated the lot to reduce taxes . Mr. Tyler noted the minor changes from the 1998 division to current; the frontage is in compliance with the current zoning. Mr. Rachun noted the amount needed for a flag lot is 50 feet . Planning Board Meeting 2 11 / 15/2005 Mr. Pomada ;asked if he chooses to maintain a right of way from his current driveway to the back lot, would that have to be shown on the subdivision map . He indicated the area on the map-if he granted legal right of way from his land to the back lot and vice versa on the new owners property for him . Mr. Rachun stated that due to not having building permits required he could do this . However, it would have to come back to the Board for approval to have it legally done . Mr. Tyler stated that he could give anyone right of way on his land, the only caution he has is he will probably make life legally more complicated for himself in the future. Mr. Pomada ;stated he had considered that it could be problematic for future owners . Mr. Tyler noted that this is something that had been done before ; all the lots are conforming lots . Mr. Rachun noted the lots are all double the size of the minimums for moderate density. Mr. Tyler stated that an area they look at is the future plan for the lot; Mr. Pomada has done a nice job in foreseeing the total use of this property for the future . He asked if this requires SE OR. Mr. Rachun noted there was not a discretionary action, there are no building permits, no stormwater plan, no utilities or roads or anything of that sort. His inclination is it is definitely a Type 2 action. Mr. Tyler noted the Board could require a Public Hearing. The consensus of the Board was that this application does not merit one and that a Public Hearing would be an exercise in futility. Mr. Rachun stated that the applicant has submitted a final plat for review. In the future, he will require all Minor Subdivisions and Simple Subdivisions to submit a final plat prior to subriiitting them to the Planning Board. Obviously, the Major Subdivisions require more work thus the preliminary plan would be acceptable . Mr. Means made a MOTION to accept (approve) the Pomada Subdivision as a Type 2 SEQR action, Ms . Simon SECONDED Voted Unanimously- MOTION APPROVED Mr. Wertis made a MOTION to accept (approve) the Pomada Minor Subdivision-Final Plat Ms . Sinion SECONDED . Voted Unanimously — MOTION APPROVED Mr. Tyler requested comments for supporting the approval. Mr. Wertis noted it is reverting back to a former state (previously subdivided, then consolidated by the applicant to reduce real estate taxes) Ms . Simon stated the lots meet the requirements. Mr. Tyler stated each of the lots meet the requirements of the Zoning. The lots had been previously divided but were subsequently consolidated. The current plan is a minor modification of what the previous lots had been. It is a good use of a large parcel one is 1 residential, the other two are undeveloped residential lots . Mr. Rachun jstated this is moderate density zone and this plan is exactly what we are looking for. Mr. Tyler noted that the Board would not require the final approval of the minutes for the Subdivisionito be deemed final . Planning Board Meeting 3 11 / 15/2005 Mr. Tyler stamped and signed the original plan with instructions for Mr. Pomada to bring the remaining plans (Mylar and paper copies) he needs to Mr. Rachun to be signed and stamped at the November 29th Planning Board meeting and they will process these. Mr. Pomada noted that this time frame should work well for him . He will get the plans to Mr. Rachun for finalization. Washington Street Partners Mr. Rachun noted he had not received any information from the applicant for the referenced project . Mr. Tyler asked if he had plans to contact them . Mr. Rachun stated no , the ball was in their court, and they were instructed to get information to us as it became available . Zoning Regulations Mr. Wertis expressed some confusion on a portion of the regulation, however after rereading the excerpt understood the content . Mr. Rachun noted he has started a list of problems related to the New Zoning Ordinance. An example of this is in front of the BZA 11 / 16/05 -the height for accessory buildings in a rural residential area had been 20 feet in the previous ordinance-this was a reasonable height. The new Zoning Ordinance states the building height is 40 feet for rural residential . The entire lake area is rural residential . They have an accessory building coming in for review that is 36 feet in height this is higher that 99% of the houses on the lake . This is a huge omission and he does not understand how it happened . There are sign omissions, for some rural areas they have huge signs allowed . The Site Plan process, there is nothing specifically indicating a completed document . This needs to be figured out, it used to be stated in the Old Zoning Ordinance . When these steps are done it is completed-a traffic study could be added on a major road, a stormwater plan should be done. The current Zoning Ordinance is too open-ended and leaves a lot of room for dispute or litigation. Mr. Tyler asked if they plan to revisit the Zoning Ordinance within 6 months . Mr. Rachun noted it really needs to be, s well as looking at the Ag district. Mr. Tyler commented that the technical corrections should be addressed soon and then the philosophical can get done at a later date . He asked if the Town Board would be willing to do this . Mr. Rachun stated that he has been told to compile the list but does not anticipate quick action. Mr. Tyler noted that with the new Town Board coming along it might get done . He has chatted with Mr. Ferrentino regarding some of these issues . Mr. Rachun informed the Board he has sent out a news release listing positions opening for the Planning Board and Board of Zoning Appeals . Mr. Tyler' s position ends December ` 05 and there are two BZA positions . He asked if anyone knows of an individual that might be interested please mention the positions . Mr. Tyler stated he has the option to renew but does not intend to, he has not sent the formal letter but he does plan on leaving in December ` 05 . Mr. Means asked if the Zoning Ordinance is amended would it then have to go to Public Hearing. Planning Board Meeting 4 11 / 15/2005 Mr. Rachun affirmed this would be the process . He already has 8 specifics with history of the issues ; Ms . Marino had requested he compile this information. Mr. Tyler noted the next meeting would be November 29th, 2005 at 7 : 30pm . If no additional information has been received from Washington Street Partners nor any additional reviews come in Mr. Rachun will notify us to cancel the meeting. Mr. Rachun noted that if any Planning Board members cannot attend it is important to notify us in advance to Maintain quorum so business can be accomplished. He noted there is a 3 strikes clause-three unexcused absences are allowed per calendar year for members . Mr. Means made a MOTION to adjourn, Mr. Wertis SECONDED . Motion APPROVED . Meeting adjourned at 8 : 15pm. Respectfully submitted, Robin Carlisle Peck Secretary 11 /29/05 . . .