HomeMy WebLinkAbout2006-03-16 - PB TOWN OF ULYSSES
PLANNING BOARD
03/16/06
Approved 05/02/06 with corrections
Present : Chairperson Margot Chiuten, Planning Board Members : David Means, Rod Porter,
Rebecca Schneider, Darien Simon and John Wertis . Deputy Supervisor Dick Coogan.
Excused : Ken Zeserson
Applicants : Washington Street Partners-Joe Hucko and Matthew Moore .
A quorum is present at the meeting ; the meeting was called to order at 7 : 04 pm by Ms Chiuten .
Minutes :
The minutes of the February 16`h meeting were tabled until a later date .
WASHINGTON STREET PARTNERS :
Ms Chiuten noted the Board had received comments from the Tompkins County Planning
Department the Board needs to address them . She drafted a list of her thoughts and put
together a draft resolution .
Mr. Wertis asked what the difference is between a Recommended Modification and
Other Comments as listed in the County Planning letter.
Ms Chiuten stated that the Recommended Modifications are a must do unless the Board
votes otherwise with a supermajority vote of 5 (quorum plus one) . The other comments
are general observation, she noted all were valid and wished they had them prior to
approval . The way the resolution was passed it was contingent on the County Planning
letter.
She proposed the Board review the list- the first item was the placement of the driveway
which was a concern for the Board when reviewing the project . The town in trying to
undertake an access management plan for these types of projects . She feels it would be
prudent thing to require this modification . She does not feel a shared egress would be
burdensome .
Ms Schneider liked all the comments . She asked if the next parcel is owned by the same
person .
Ms Chiuten clarified that the parcel is still one, the subdivision has not been approved
and the plat has still not been filed . The approval could be contingent .
Mr. Means stated he agreed that this is the most important part of the project and it was
an area of concern for the Board.
Mr. Porter stated the access was always somewhat questionable.
Ms Chiuten agreed and stated it was helpful to have the County Planning question this as
well . She read the draft Site Plan relating to the driveway closing and easement as listed
by the County Planning Board .
An extensive discussion led to the development of the Draft Resolution, the items from
the County Planning Department letter were addressed on an individual basis and
comments were made from the Board members .
Mr. Hucko and Mr. Moore joined the meeting at 8 : 00 pm .
Ms Chiuten welcomed Mr. Hucko and Mr. Moore and asked if they had received a copy
of the Tompkins County Planning Department letter.
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Mr. Hucko and Mr. Moore acknowledged they had received the letter.
Ms Chiuten stated the first two were recommended modifications which more or less are
required without a supermajority vote; these are the driveway and the sidewalk issue .
They agreed with relocating the driveway to the south of the parcel, closing off the
northern driveway of the Auble parcel and negotiating a shared easement between the
two parcels .
Mr. Hucko stated three engineering firms reviewed this, NYS DOT have reviewed and
the Board at WSP ' s request a pp roved the plan, now
a County letter is altering what the
professional engineer both obtained by WSP and the Board and DOT, their findings and
studies are not accurate .
Ms Chiuten stated this is from a planning perspective not an engineering perspective.
There is a hope for an access management plan, being the first project in they are feeling
the pressure of this . When she spoke with DOT they stated it would be great to get that
driveway closed. They are trying to look comprehensively into the future .
Mr. Hucko stated the next Joe that comes down the pike and wants to develop that site
will have to come for approval .
Ms Chiuten stated this is true and they would be requested to close this driveway and use
a second driveway for this site.
Mr. Hucko stated they are asking him to participate with a property owner that he has no
control over, lie feels it is unfair to ask a developer to impose a right on property he has
no control over. He does not know how they would have any standing other than his good
will .
Ms Chiuten stated it would be part of the subdivision approval . It is her understanding
they are in contract negotiations with Mr. Auble.
Mr. Hucko stated they have a contract that does not in any way, shape or form refers to a
shared easement. There is a driveway on the property that is used by the house.
He does not know how they can force them to deal with a private property especially
after the comprehensive review and the approval given to them by this Board .
Ms Chiuten stated the approval was contingent on the letter from the County Planning
Department .
Mr. Hucko acknowledged he knew this, but how can a plan reviewed by engineers, DOT
etc be forced to get a shared easement . He does not understand, how he can negotiate for
this, the Town should close the driveway.
Mr. Porter stated that could become a requirement if that parcel is developed in the
future, but until that time there is a second driveway.
Ms . Simon noted that the exact comment from the county states "it says they further
recommend reserving an easement for a shared driveway" it is not part of the first part of
the recommendation they could drop this part if the driveway situation is reversed . At this
point it may not be necessary to require it .
Mr. Porter stated if they do not deal with the easement, they still have DOT stating it is
their recommendation to close the driveway.
Mr. Hucko stated DOT raised this issue due to it being within 75 feet of the proposed
curb cut.
Mr. Porter noted they could require this as part of the subdivision approval .
Ms . Chiuten asked if they are going to pull the shared easement.
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Ms . Schneider stated they have given in a lot on the sidewalks and advised the applicants
they should listen to the proposed changes ; the Board has been very fair and has done a
good job .
Mr. Porter asked specifically on the map where the other driveway was , it was located on
the map . He indicates it should not be an issue as there is an alternative entrance to the
property for Mr. Auble.
Mr. Hucko stated the Board should make this be a requirement to close this driveway.
Ms Schneider stated she had to leave the meeting but she would be Abstaining from any
votes . Ms Schneider left the meeting at 8 : 30 pm.
Ms . Simon noted that they settled on relocation of the single project driveway to the
south subject to DOT adjacent to the property line, they have not decided on the easement
as of this point.
Ms . Chiuten stated they have to understand the position the Board is in, they have to use
this list as part of a bigger plan.
Mr. Hucko responded he can respect this .
Ms . Chiuten continued onto the remainder of the list from the County. The 3 ' concrete
scored sidewalk was revised to be in front of the property line not extending to the
Village limit. The 35 foot buffer is not in compliance, they can either increase the
proposed parcel size or modify the site plan . Another option would be to go to the BZA
for a variance. The provision of the additional vegetative buffer would be adjacent to the
single driveway. The modifications to the building facade to create architectural interest
on the southern side subject to approval of the Town of Ulysses Planning Board . The last
is relocation of proposed plantings on the north side of the project parcel outside of the
proposed septic field, the last is the revisions to the subdivision plat as required to show
the modifications as listed above.
Mr. Hucko stated anything he says is not qualified, he needs to go back to the tenants for
final approval . The issue he has is the location of the northern driveway relative to the
Shursave driveway it is not so much an aesthetic or a master planning issue, as much as a
safety issue .
Mr. Porter stated it is two fold, one the safety the next the planning issue for shared
access vs . multiple access .
A lengthy discussion was held regarding where the driveway would be located and
sidewalks on the project site, the other items as listed by the Tompkins County Planning
Department were reviewed . Mr. Hucko and the Board members discussed the various
listed items provided by the county extensively. The conclusions of the discussions were
written into a Draft Resolution to be reviewed and voted on at the March 21St, 2006
meeting at 7 : 30 pm .
TOWN OF ULYSSES
PLANNING BOARD
PROPOSED DRAFT RESOLUTION NO. 2006-XXX
RESOLUTION Trumansburg Commons Kinney Drug Store
Site Plan Approval
Tax Parcel No. 12-3 - 18
2100 Trumansburg Road
Town of Ulysses, New York
Planning Board, , 2006
MOTION made by , seconded by
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03/ 16/06
WHEREAS :
1 . On February 16 , 2006 , the Town of Ulysses Planning Board granted Site Plan
Approval for the proposed Trumansburg Commons/Kinney Drug Store proposal
located on a +/- 1 . 74 acre parcel located at 2100 Trumansburg Road as shown in
the site plan submission materials, subject to the following conditions :
a. Submission of a stormwater Operation and Maintenance Plan/Schedule for
the stormwater infiltration basin, prior to issuance of a building permit,
and
b . Provision of solid screen fencing around the dumpsters, and
c . Submission of record of application for and approval status of all
necessary permits from county, state, and/or federal agencies, including
but not limited to the Notice of Intent for NYSDEC , highway work permit
from NYSDOT, and
d . Developer and William J . Auble reaching an agreement, prior to issuance
of a building permit, satisfactory to the Zoning Officer, that the side yard
setback on the remainder of Town of Ulysses Tax Parcel No . 12-3 - 18 has
been provided as required by Article XIII — Business District, Section 13 . 5
of the Town of Ulysses Code, and
e. Whereas the GML 239 1/m/n has not been completed, the Chair of Town
of Ulysses Planning Board will not sign the Site Plan as approved until the
County Planning Department has conducted their 239 Urn and provided
that the review does not recommend disapproval . If the County makes
recommendations not previously discussed the Site Plan will come back to
the Planning Board for review/approval, and
2 . The Tompkins County Department of Planning submitted its review pursuant to
§239 —1 and —m of the NYS General Municipal Law recommending modifications
to relocate the single proposed driveway to the east ; reserving an easement for a
future shared driveway; extending a sidewalk from the project parcel to the
Village of Trumansburg line; and additional comments which are not formal
recommendations under GML §239 —1 and —m, and
NOW, THEREFORE, BE IT RESOLVED :
That the Town of Ulysses Planning Board hereby grants Site Plan Approval for the
proposed Trumansburg Commons/Kinney Drug Store proposal with the following
modifications clearly identified on the revised site plan, to be resubmitted to the
Zoning Officer prior to issuance of a building permit :
a. Relocation of the single project driveway to the south, adjacent to the
southernmost property line subject to the approval of NYSDOT.
b . Closure of the northern driveway on the remaining adjacent parcel to the south
owned by William Auble .
c . Provision by the applicant of a letter of intent to provide an easement for use
of the proposed driveway by the adjacent parcel for all legal and conforming
uses of a B1 district as of this date.
d. Provision of a maintained gravel path along the project frontage to be
reconstructed in the event that the Town of Ulysses should extend sidewalks
along NYS Route 96, materials to match Town standards .
e. Provision of the required 35 -foot buffer adjacent to the R2 parcel .
f. Provision of additional vegetative buffer on the southern side of the parcel .
g . Consider modifications to the building façade to create architectural interest
on the south façade because it is prominent in the gateway of Trumansburg .
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03/ 16/06
h . Relocation of proposed plantings on the north side of the project parcel
outside of the proposed septic field.
The vote on the motion resulted as follows :
AYES :
NAYS :
ABSENT :
ABSTAINED :
The vote on the motion [WAS CARRIED] [FAILED ] .
The decision to retype the resolution for clarity prior to the vote was made . The secretary
will type and sent to the members for review .
Mr. Porter made a MOTION the Board makes the recommendation to the Zoning
Officer regarding the subdivision that the northern access drive on the adjacent Auble
property be closed as a requirement of the subdivision. Ms Chiuten seconded the
MOTION.
ALL IN FAVOR, MOTION APPROVED .
The resolution was tabled until the next meeting, Mr. Hucko and Mr. Moore left the
meeting.
Mr. Coogan stated there will be a training session on the 21st from 8 -9pm . 13ruce Wilson
is scheduled to speak regarding basic zoning law, our zoning laws, basic board tasks, and
legal requirements . It will be an introductory one, for those who have been on the board it
will be a clarifier-from here they will look at topics for additional training. The Village of
Trumansburg has asked if they could sit in on the training sessions, the first one may or
may not be applicable to them . If the Board is in agreement he will send offer, they do
have the right to sit in because of meeting laws . The members agreed it would be
acceptable . Mr. Coogan noted the meetings will be geared around the Town laws, thus
training for them.
Mr. Coogan stated two items were done that were not technically correct. 1 . The meeting
was not advertised in the newspaper, 2 . Having the applicants wait for them outside of
the hall could be a problem . He will take the responsibility from now on to issue the legal
notices .
Mr. Porter stated that he did not see any repercussions due to the fact that no decisions
were made.
Mr. Coogan stated Ms Georgia will not be doing the legal notices as of the first of this
year. The legal notices will be his responsibility, the meetings should be in the
newspaper, he will be assuming this duty as well . If the Board wants to have two
meetings a month pick the days in advance and he can list them in the newspaper. If the
meetings are cancelled a note can be put on the door.
Ms Chiuten adjourned the meeting at 9 : 30 pm
Respectfully submitted
Robin Carlisle Peck
Secretary
05/02/06
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