HomeMy WebLinkAbout2006-06-20 - PB TOWN OF ULYSSES
PLANNING BOARD
06/20/06
Approved 07/18/06 with corrections
Present : Chairperson Margot Chiuten, Planning Board Members : David Means, Rebecca Schneider,
Darien Simon, and John Wertis, Ken Zeserson, Dick Coogan
Excused : Rod Porter
Applicants : Larry Reverby representing Charles Houghton, Kevin Jacobs
A quorum is present at the meeting; the meeting was called to order at 7 : 30 pm by Ms . Chiuten .
Minutes :
The minutes of the May 2 , 2006 meeting were reviewed .
Mr. Wertis made the MOTION to accept the minutes ; Mr. Means SECONDED the
motion. All members voted UNANIMOUSLY, minutes approved .
Ms Chiuten stated there were two subdivisions on the agenda tonight . She asked if
Mr. Houghton were present, Mr. Reverby informed the Board he would be representing
them .
HOUGHTON SUBDIVISION :
Ms . Chiuten noted the 11 x 17 map does not reflect how it relates to the overall parcel .
She thought this was a part of the subdivision review requirement. This would be
exceptionally helpful due to the fact that the lot crosses Dubois Road. The parcel being
subdivided is not across the road .
Mr. Coogan stated that it can be confusing in that the road makes the parcel appear to be
divided into three parts ; however this is not the case .
Mr. Wertis stated it would be beneficial to the Board and their consideration if they were
provided a map that would locate the overall parcel within the town.
Ms Chiuten stated it is required in the sketch plat part of the consideration process.
Mr. Reverby provided the tax map to assist the Board in making the decision.
Mr. Wertis noted that it was supposed to be part of the sketch plat process, if it had been
provided to Mr. Rachun it would be appreciated if it were forwarded on.
Ms . Schneider asked for clarification in the process, she asked if this was the sketch plat
process, had Ms . Chiuten met with the applicant etc .
Mr. Coogan stated this is one of these areas that are very unclear. A plat can be a sketch
on a napkin. This would be simple subdivision, the Town Board when passing
subdivision stated because this is on a connector road the procedure is treated as a minor
subdivision .
Mr. Wertis noted that he interpreted that the Chairman confers not meets with the
Code Enforcement Officer. The sketch was submitted , Mr. Rachun spoke to Ms Chiuten
on Monday thus he conferred with her.
Ms . Chiuten stated there appeared to be sufficient information to continue the review .
Mr. Coogan stated the other important item to remember is that they are legal and
conforming lots being divided and remaining.
Mr. Wertis stated he had reviewed the requirement and it is his belief that is a legal and
conforming lot .
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Mr. Means agreed that it appears to be a legal and conforming lot.
Mr. Wertis asked why they are reviewing the subdivision; they have no authorization on
the curb cuts . And being as the reviews are on the state and county roads they have even
less authorization .
Ms . Chiuten noted that it would be intended for a site plan review in conjunction with the
subdivision, but there is no site plan. How do they deal with this when a site plan comes
in for one of these lots .
Mr. Coogan stated when that happens it triggers a different set of rules . Right now a land
owner is selling a lot . Once the deed is cleared a land owner will come in for a building
permit-if it is for a single residential then the Board would not review it . If the building is
for anything other than a single residential then further triggers would go into effect .
Ms . Schneider asked for this size of a parcel can they keep dividing off parcels .
Mr. Coogan replied no, once the parent parcel has a fourth parcel divided off it creates a
major subdivision. There is no time limit at this time-that is a problem, even 50 years
down the line a single parcel being split for a house would trigger major subdivision
under the current zoning .
Ms . Chiuten asked if there were any concerns or if additional information should be on
the plat.
Discussion concluded and the motions were made as follows regarding the Houghton
subdivision.
TOWN OF ULYSSES
PLANNING BOARD
RESOLUTION NO. 2006-004
Houghton Minor Subdivision
Minor Subdivision Approval
Tax Parcel No. 27.-3- 17. 2
Property fronting Dubois Road
Town of Ulysses, New York
Planning Board, June 20, 2006
MOTION made by John Wertis, seconded by David Means .
WHEREAS :
1 . The applicant submitted a subdivision plat and fee to Mr. Rachun, Town of
Ulysses Zoning Officer on March 7 , 2006 AND
2 . This action is consideration of Subdivision Approval for the proposed minor, two-
lot subdivision located at Dubois Road, Town of Ulysses Tax Parcel No . 27 . - 3 -
17 . 2 , Rural Residence Zone . The proposal subdivides an existing parcel that
spans over Dubois Road to create a 5 . 00 acre flag lot with frontage on Dubois
Road AND
3 . The Planning Board on June 20, 2006 , has reviewed a survey map entitled
" Survey Map Showing Portions of Lands of Charles C . Houghton, Located on
Dubois Road, Town of Ulysses, Tompkins County, State of New York, " prepared
by T . G. Miller, P . C . , Engineers & Surveyors, dated 2/2/2006 .
NOW, THEREFORE , BE IT RESOLVED :
That the Town of Ulysses Planning Board hereby grants minor subdivision approval
with the following conditions :
a. That all the requirements of Section 18 . 3 Subdivision Procedures be shown on the
plat .
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b . There are no immediate neighbors being in the middle of an open agricultural area
therefore the Board waived the option of a Public Hearing.
c . Being that it is a simple subdivision being treated as a minor subdivision-the
action of the subdivision creates a legal conforming lot and the remaining parcel
will be a legal conforming lot .
The vote on the motion resulted as follows :
AYES : Ms . Chiuten, Mr. Means , Ms . Schneider, Ms . Simon, Mr. Wertis, Mr. Zeserson
NAYS : NONE
ABSENT : Rod Porter
ABSTAINED : NONE
The vote on the motion WAS CARRIED unanimously.
Mr. Coogan informed Ms Chiuten she will be required to sign the plat.
Mr. Coogan informed Mr. Reverby the signed plat would be available within
5 business days .
JACOBS SUBDIVISION
Ms Chiuten stated the next subdivision is the Jacobs subdivision. She asked if Mr. Jacobs
was present, Mr. Jacobs introduced himself
Mr. Wertis asked for clarification as to the location of the parcel .
Mr. Coogan indicated it was on Iradell Road and showed the parcel on the map .
Mr. Jacobs stated he purchased a 60 acre parcel ; there were some pieces that were joined
together. He indicated there is an additional 20 acres beyond the map that is a wood lot.
When he bought the property he planned on two front lots on Iradell, and accessing the
back lot via the sides on Iradell . It is an odd shaped piece of property. He has the deeds to
all of the parcels .
Ms . Schneider asked for clarification to the map . Mr. Jacobs indicated the specific lots he
would like to create and well as the lots are currently existing and owned by other
individuals .
Ms . Simon clarified that they would be dividing the parcel into 3 lots .
Ms . Chiuten asked what the plans are for the large lot being created.
Mr. Jacobs stated there are no plans , there is currently a field used for hay, it will
continue to be used as such . He plans on using the lot for recreational use . He does not
plan on building a house on the lot .
Ms . Schneider verified if this property were conveyed to another owner then this would
automatically qualify this as a major subdivision .
Mr. Jacobs replied yes, the property would be very inaccessible due to the frontage .
There would have to be an incredibly long driveway to access the back lot. There are no
utilities back there and it would be a major project to get them back there . Other than
recreational use it would be essentially null and void to attempt anything else .
Ms Schneider questioned the road locations along the other sides of the property.
Mr. Jacobs stated the property line does not reach Jacksonville Road, there is a lot
between them, Perry City Road has a farm that comes between the property lines .
Ms . Chiuten confirmed that was in front of them is not the correct number of parcels .
He is saying the two parcels are now one-he had them combined . She questioned if he
had gone through the action of legally combining the parcels .
Mr. Coogan verified that if he divides them ; then combines it would create the fourth lot.
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Splitting it this way he would get a funny shaped lot, taking two out of the center and
develop the horseshoe shaped lot out of the rest .
Mr. Wertis asked why they are considering it if he owns it in different parcels . The
last one he owns is not in consideration of the Board tonight .
Mr. Jacobs stated he and Mr. Rachun had correlated a lot on this project . It was still
unclear exactly how to do it. He wanted to build on the small lots, the large lot has access
issues that are out of control as far as utilities go and having been in the business he
knows the complications and purchased it for the sole use of recreational uses .
Mr. Means stated from his standpoint, that the future cannot be foretold however there is
limited access on both sides .
Mr. Coogan stated understand the parent lot will have been split three times, thus the next
person to split the lot off will qualify as the fourth lot and fall into major subdivision .
Ms . Chiuten noted that it is essentially a land locked parcel .
Mr. Jacobs stated that it is a legal flag lot, and legal access from both sides of Iradell , but
there is no access from other roads around the parcel . It is good for him for recreational
use and farm use to have access to the back property.
Ms . Chiuten stated the minimum frontage is 250 feet, one parcel has 285 feet, the next
has 376 the remaining has 166 and a legal label is missing-Mr. Jacobs stated it is 150
feet. However, with those amounts all of the three lots would be legal and conforming.
Mr. Wertis stated he did not see the reason for a Public Hearing; the use would be
consistent with the character of the neighborhood . He noted there were neighbors and
asked Mr. Jacobs if they were aware of this project.
Mr. Coogan stated this is a legal , conforming lot and it is an allowed use . Public hearing
is used for objectionable items going in; site plan would allow you to review these items .
Mr. Zeserson asked if they were required to have a Public Hearing.
Ms . Simon noted it is an option .
Mr. Means asked Mr. Jacobs if the neighbors were aware of this subdivision.
Mr. Jacobs replied for sale signs were put up on the properties and he has spoken with
several who had no problems with the lots being developed into residential units .
TOWN OF ULYSSES
PLANNING BOARD
RESOLUTION NO. 2006-005
Jacobs Minor Subdivision
Simple Subdivision Approval
Tax Parcel No. 35.-2-16. 112
Property fronting Iradell Road
Town of Ulysses, New York
Planning Board, June 20, 2006
MOTION made by Mr. Wertis, seconded by Mr. Zeserson
WHEREAS :
1 . The applicant submitted a subdivision plat and fee to Mr. Rachun, Town of Ulysses
Zoning Officer on June 13 , 2006 AND
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2 . This action is consideration of Subdivision Approval for the proposed minor,
three-lot subdivision located at Iradell Road, Town of Ulysses Tax Parcel No .
35 .-2- 16 . 112 , Rural Residence Zone . The proposal subdivides an existing
parcel totaling +26 . 4 acres , to create a +2 . 16 acre lot, a +2 . 37 and a remaining
+21 . 87 acre lot with frontage on Iradell Road , all of which would be legal
conforming use lots AND
3 . The Planning Board on June 20, 2006 , has reviewed a survey map entitled
"Proposed Subdivision Lands of Kevin P . Jacobs Part of Military Lot 29
Town of Ulysses , County of Tompkins State of New York Part of Tax Map No .
35 .-2- 16 . 112 Reference Deed : Instr. No . 490756-007 " prepared by Klumpp
Land Surveying, dated May 25 , 2006 and revised June 13 , 2006 .
NOW, THEREFORE, BE IT RESOLVED :
That the Town of Ulysses Planning Board hereby grants simple subdivision approval
with the following conditions :
a. Plat be updated with total acreage and remaining acreage AND
b . Plat be updated with the width of the frontage on the +21 . 87 lot.
The vote on the motion resulted as follows :
AYES : Ms . . Chiuten, Mr. Means , Ms . Schneider, Ms . Simon, Mr. Wertis , Mr. Zeserson
NAYS : NONE
ABSENT : Rod Porter
ABSTAINED : NONE
The vote on the motion WAS CARRIED unanimously.
A lengthy discussion of issues related to subdivision procedures and the Zoning
Ordinance was held . The issues are to be compiled and reviewed in the technical
corrections to be presented to the Town Board .
Mr. Means asked if a vice chair could be appointed so future meetings would not be
delayed .
Mr. Wertis stated he is comfortable meeting every two weeks to review these
corrections .
Ms . Chiuten stated it is appropriate for a Vice Chairperson be appointed by the
Chairperson to maintain continuity of meetings . A discussion of the Board members led
to Mr. Wertis ' nomination for Vice Chairman, Mr. Wertis accepted and was subsequently
appointed by Ms . Chiuten .
Ms Chiuten stated the Cayuga Nature Center (Cayuga Preventorium) has been submitted
for historic classification . The Board has been offered a chance to provide input before
the classification is given . A discussion resulted with the Board not being concerned with
this action going forward .
Mr. Coogan stated another procedure is to adopt the rules of order. There are brief
Roberts Rules of Order booklets available. The hierarchy is Town Law, Board Law,
then Roberts Rules of Order.
Mr. Zeserson questioned how Roberts Rules work within town meetings .
Mr. Coogan replied that the Town Law has meeting procedures, Roberts Rules is the
rule of order for Public Hearings .
Mr. Wertis asked if they need to codify the interactions with the public . The procedure
that worked tonight was acceptable to him, each member asked questions as needed.
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Ms . Schneider noted that it the first meeting she attended was very tense, and she
wondered if the public had to be in the meeting before the board has been allowed to
speak amongst themselves .
Mr. Coogan stated yes, the meetings are all open to the public and all requests have to
come from the board, not an individual member. With Roberts Rules the questions go
through the Chairperson which works well for public hearings . The board may or may
not use this procedure at meetings whereby questions go through the chairperson.
If there is a hostile . applicant Mr. Wilson(Town Attorney) should be asked to attend the
meeting, if necessary the attorney, board and secretary can convene into Executive
Session-no minutes are taken, that is the only time the board can meet outside open
meetings .
Mr. Coogan stated they have published the meetings as the first and third Tuesday
of each month . If they are meeting other than that a notice will have to be issued,
the second Tuesday would be open but the Town Board meeting will be happening at the
same time. A decision to meet on July 11th and July 18`h was made .
Mr. Coogan stated he had additional information that will affect the board, effective
July 1 , 2006-the County 239 1—m (review by County in relation to their Comprehensive
Plan) if the county makes a suggestion the item needs to be reviewed, if the County
makes a recommendation it takes a supermajority vote to overrule the recommendation.
This procedure will now become the County 239 l'm�n, for any action within 500 feet of
another municipality the -other municipality must be notified in writing of the plan .
Mr. Coogan stated there will be a DEC Stormwater Review Training by Ellen Hahn,
at the Cooperative Extension on June 28`h , 4 : 30-6 : 30pm . The members are all invited to
attend.
Mr. Coogan stated they have been approached by the residents located at 1500
Taughannock Blvd (James Kehoe), there was an old hotel, it will probably be coming in
for site plan review near the end of the summer.
• Mr. Coogan and Mr. Rachun agreed it might be a coordinated review.
Ms . Chiuten stated the lot falls in between two zones, it is in B1 and R1 . All he has done
is clear some trees, he has provided a buffer and he would like to connect to the Black
Diamond Trail .
Mr. Coogan stated they had called DEC because he cleared too much land, they were
called again because he opened up another section of area that created stormwater
problems ; DEC responded and he is in compliance currently. The owner was under the
impression it was under the old development unit-it is more favorable under the business
development .
Ms . Simon asked if they had indicated what their plans for the property were.
Mr. Coogan replied the owners plan on building an actors retreat, there is a proposed
amphitheater, traffic studies would have to be done etc . It is a legal conforming use .
Ms . Simon asked what the previous occupation of the hotel was .
Mr. Coogan stated he was unsure, the owner had been trying to make the buildings
habitable thinking he was under the old ordinance .
Ms . Chiuten asked why there were no SEQR done for the other procedures .
Mr. Coogan described the project and the procedures that had been happening and why
DEC had gotten involved . The members asked questions they had in relationship to the
possible project .
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Mr. Simon indicated she would like to be kept up to date and if possible attend the
meetings as she resides in the area.
The next meeting is to be held July 11 `h , 7 : 30 pm .
Respectfully submitted,
Robin Carlisle Peck
Secretary
07/ 19/06