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HomeMy WebLinkAbout2006-11-27 - TB TOWN OF ULYSSES SPECIAL TOWN BOARD MEETING NOVEMBER 27 , 2006 Present : Supervisor Douglas Austic ; Town Council Roxanne Marino , Don Ellis, Rod Ferrentino and Lucia Tyler; Town Clerk Marsha L . Georgia; Deputy Supervisor Richard Coogan; and Code Enforcement Officer Alex Rachun . Supervisor Austic opened the meeting and advised the Board that a public hearing has to be set for the Stormwater DEC Model Law . The Board set this public hearing for December 12 , 2006 at 7 : 15 pm prior to the December Regular Town Board meeting. Mr. Ellis distributed his "Sign Ordinance Critique" to the Town Board. (On file in the Town Clerk ' s Office .) Mr. Rachun also distributed a sample local law titled " A Local Law Providing for the Administration and Enforcement of the NYS Uniform Fire Prevention and Building Code" that the Board had requested . Mr. Rachun presented the proposed changes to the Zoning Law adopted August 31 , 2005 . The Board reviewed Mr. Rachun ' s proposed changes . As the Board reviewed the proposed changes and made corrections and additions Mr. Coogan made the changes as they discussed them using the projected image of the document . * The full discussion is available on the tape . This is the original presented by Mr. Rachun : Article IV Definitions Accessory Building A building subordinate to and clearly incidental to the principal building on the same lot, and used for purposes customarily incidental to those of the principal building. An accessory building shall not contain habitable space . For the purposes of this ordinance , tractor trailers , shipping containers , POD ' s , and similar structures are not considered as accessory buildings . Campground, current definition Any parcel of land on which are located two or more cabins , tent sites, shelters , travel sites or other accommodations of a design or character suitable for seasonal or other temporary living purposes , and which is used for economic gain . Proposed change Campground, seasonal Any parcel of land on which are located two or more cabins , park models, travel trailers, recreational vehicles or other accommodations of design or character suitable for seasonal or temporary living purposes , and on which these accommodations may be stored year around , and which is used for economic gain . Each site may include utilities and sanitary waste provisions . Campground, overnight. Any parcel of land on which are located two or more tent sites , or small camper sites, such as " pop-up " type , and is primarily used by overnight, weekend , or short term, (not seasonal) , campers , and which is used for economic gain . Large camper or recreational vehicle camping is clearly an incidental and accessory use and limited to no more that 10% of the campsites . Storage and or sales of such vehicles is prohibited . Rationale The current definition of campground would allow for a large campground to contain permanent camp trailers , motor homes , and or park models houses . In fact, 60 % of the sites could be filled giving the appearance of a mobile home park but far more density pact with trailers , (one per 150 feet) . This type of campground should be allowed only in the MHP District. Special Town Board Meeting 2 11 /27/2006 Cottage industry, current definition A manufacturing, construction or service enterprise owned and operated by a resident of the principal dwelling on a lot, but which is not engaged in retail sales, product distribution, or services on the premises, and which does not employ more that ten persons on site not residing on the property. Proposed change. A manufacturing, construction or service enterprise owned and operated by a resident of the principal dwelling on a lot, but which is not engaged in retail sales, (omit product distribution) , or services on the premises , and which only distributes products created by the enterprise, and which does not employ more than ten persons on the site not residing on the property . Rationale The definition as currently stated does not make sense . One is allowed to manufacture but cannot distribute any product . Distribution is a necessary component of manufacturing. Distribution should, however, be limited to products created by the resident enterprise . The original concept of cottage industry, as suggested in the Comprehensive Plan, was a way of encouraging property owners to restore their old barns for uses other than agriculture . The same goal can be accomplished by utilizing Development District criteria, as was done with MCCI on Krum's Corners Road . Home Occupation, current definition : An occupation . profession, activity or other use performed by the resident that is clearly a customary, incidental and secondary use of a residential property, including but not limited to dressmaking; hairdressing; cooking, baking and meal preparation for consumption off premises ; wholesale or retail sales not involving the display of goods ; wood-and metalworking; word-and data-processing; and which does not affect the use of the property for residential purposes or alter the exterior residential character of the property . Proposed change. Change "not involving the display of goods " to " not involving the outdoor display of goods " . Rationale. The art trail partisans are a welcome core group of home occupation artists and craftspeople . They rely on displaying their goods for sale . Sign, free-standing, current definition Any non movable sign not affixed to a building. Proposed Change : Any sign , (omit the words non movable) , not affixed to a building. Rationale. Signs that can used to circumvent the sigh law, such as sandwich board-board signs and other temporary signs, should be included in the zoning regulations . Article III Administration Site Plan Review Section 3 . 1 .3 Sketch Plan Conference : The applicant has the option of a Sketch Plan Conference with the Code Enforcement Officer and the Planning Board Chair or his or her designee . The sole purpose of the sketch plan review is to review generally and informally the proposed project, to advise the applicant as to the general process and the application requirements and to highlight any concerns that may be raised by the Planning Board . Proposed change The applicant shall have a sketch plan conference with the Zoning Officer and the Planning Board Chair or his or her designee. Rationale : Many issues and problems can be worked out and or avoided with a sketch plan conference during the initial application . The applicant usually has a good idea of what to expect from the Planning Board after the initial meeting with the Planning Board Chair and unnecessary surprises are avoided in the process downstream . Districts Al Section 5 .3 Permitted Uses Current : Farm worker residence as regulated by the New York State Uniform Code . Special Town Board Meeting 3 11 /27/2006 Proposed change : Farm worker residence ; Subject to the standards in this Zoning Law for single family and two family houses , Elder Cottage standards as defined in this Zoning Law . Rationale; Farm worker residences can be placed anywhere in the Ag. District, any field in any location . As such they should be subject to the same standards as in the rest of the zoning law . Section 5.5 Uses Allowed by Special Permit from the Town Board Current; Campgrounds Proposed change ; Campgrounds , overnight Rationale ; Seasonal campgrounds should be in a Manufactured Home Park District . Section 5 . 7. Lot area and Yard Requirements Current; Maximum building height for any nonagricultural building of structure shall be 36 feet . Proposed change; Maximum building height for any nonagricultural building or structure shall be 30 feet . Rationale; Typical building height for a two story , type 5b , (wood framed) , house is less than 30 feet, even with a 10/ 12 pitch roof with a 14 foot run . A2 Permitted Uses Section 6.2 Permitted Uses Current; In the A2 Special Agricultural District no building or structure shall be erected, altered or extended, and no land or building thereof shall be used for any purpose or purposes other than the following: Racing and other competitive events that utilize motorized self propelled vehicles . Proposed change ; Racing and other events , (take out competitive) , that utilize led vehicles subject to sound levels of 90 and 55 dBa as specified in • motorized self propelled J moto p P Article XVII, section 17 . 2 . 2 . Rationale. Typical noise levels of tractor pulling events, snow mobile and ATV racing events interfere with school activities because of the excessive noise generated by such events . RI Section 7 .5 Uses Allowed By Special Permit Current; Campgrounds , group campgrounds , upon approval of the Town Board and subject to the provisions of Article XVII, section 17 . 9 . Proposed change ; Campgrounds , overnight, group campgrounds , upon approval of the Town Board and subject to the provisions of Article XVII, Section 17 . 9 . Rationale ; Same as for overnight campground in Al district . Section 7 . 6 Lot Area and Yard Requirements Current ; Maximum building height shall be 40 feet . Proposed change ; Maximum building height shall be 30 feet . Special Town Board Meeting 4 11 /27/2006 Rationale ; Same as for in Al district . Should one need to exceed building height limit, one can ask for a variance. Added requirement in Section 7. 6 ; The above notwithstanding. any lot that is conforming in area to the prior Town of Ulysses Zoning Law, or was created prior to an local zoning law but is now deemed nonconforming and has a legal dwelling unit on the lot shall not require approval for an area variance b the Board of Zoning Appeals for an addition deletion or accessory building if the proposed work meets all set back, front . rear and side yard requirements of this Zoning Law . Article x. MHP Manufactured Home Park District Section 10.2 Permitted uses Add . Campgrounds . seasonal . Rationale ; As stated in earlier, a seasonal campground looks very much like a manufactured home park and as such should be subject to the similar design standards . Article XIII Section 13 . 2 . Permitted Uses Add. ; Retail Store, not to exceed, 15 , 000 square feet in gross floor area. Rationale ; A store of 15 , 000 square feet would allow for typical hardware, drug and food stores . This size is best suited for local shopping as opposed to larger stores that appeal to regional shoppers . The current zoning ordinance does not include retail store in permitted uses . A request for a larger store can be made to the Board of Zoning Appeals . Add ; One and two family dwellings and multiple dwellings . Rationale ; Clear rationale has not been presented that would justify eliminating a residential mix in a business zone . Article XIV Light Industrial District Section 14.2 Permitted Uses Take out scrap yards , recycling centers; add to the design standards for self storage facilities setback requirements and screening in excess of B1 requirements . Article XVII. Design Standards Section 17.3 Standards for Parking in All Districts : Current 17. 3 . 1 Minimum Requirements for Off-Street Parking . Proposed Change ; Change the word minimum to maximum. Rationale ; The Planning Board and applicant should decide how much parking is needed. Improved parking should be kept to a minimum to minimize storm water runoff issues . Section 17.4 Standards for Signs Current. 17 . 4 . 4 Signs in R1 , R2 , RM and MHP Districts Proposed Change . Add Al to this section Rationale. Land use in Al is much more closely related to R1 than it is to B 1 or IL. Current. 17 . 4 . 5 Signs in Al B1 and IL Districts Proposed change ; Signs in Bland IL Districts, (omit Al District) . Special Town Board Meeting 5 11 /27/2006 Rationale. Bland Al is closely related . Al is more closely related to R1 . Section 17 . 5 Standards for Outdoor Lighting. Current. Any lights used to illuminate the exterior of a multiple family, dormitory or other group residence, or manufactured home park, or a commercial , industrial , or other nonresidential space or parcel , including buildings , signs and other structures , parking and pedestrian areas and landscaping, shall be designed and installed such that . Proposed change . Add single and two family residences to the list . Rationale. Far more complaints are registered in the zoning office for residential lighting issues , (glare, brightness , etc .) , than for any other use . Section 17 . 8 Standards for Animals in Residential Areas. Current . The land on which are kept shall be at least one acre in size for each horse, pony, cow or other farm animal , or bird unit of 50 birds , or hutch of 50 rabbits . The above designated land area shall be in addition to the minimum lot size . Proposed change . The land on which they are kept shall be at least 1 /2 acre in size . The above designation shall be in addition to a minimum of one acre . Rationale. One acre per large animal , (horse, pony) , in excess of the required lot size is a difficult standard to meet now that the lot size in an RI district must be at least three acres , (old ordinance required 1 1 /2acres) . There are a number of properties that do not meet this standard . I neither saw nor heard of any problems related to property size standards and large animals in the old ordinance . Section 17.94 (new) Campgrounds . Overnight Eliminate provisions for Storage and provisions for stacking recreational vehicles , otherwise use design criteria in 17 . 9 based on definition for Overnight Camping. Recommendations Adopt the UNA' s and CEA' s designated by County Planning . These areas can only be reviewed as such if adopted by the Town Board . It is important to include design criteria in the zoning ordinance for these areas . Site plan review should be used to implement the approval process . Schools are not allowed in the B1 district . This includes all schools, public and private . Music and Art schools are often located next to other businesses . AU schools now require a special permit. We have no design criteria specifically for schools, as we do for other activities that require a special permit. Either create design standards or permit schools by site plan review . * * The Board reviewed this document through Al and made changes and corrections . Accessory Building : A note was made that this would also have to go into Article 21 General Provisions Section 21 . 9 . Mr. Coogan will check all areas . In the last sentence change as accessory building to ; to be accessory buildings . Remove the current definition . Campground, seasonal : End of the first sentence change to ; and for which fees are charged . Last sentence change may to shall . Special Town Board Meeting 6 11 /27/2006 Campground, overnight : End of the first sentence change to ; and for which fees are charged. Last sentence change to ; Storage on more then 10% of the total site capacity and commercial sales of such vehicles from the campground are prohibited . Cottage industry : Remove all . ' Home Occupation : change wholesale or retail sales not involving the outdoor display of goods . Sign , free-standing ; delete non moveable Article III Administration Site Plan Review Section 3 .4 .3 Sketch Plan conference : change to ; The applicant shall have a Sketch Plan Conference Phase I ; last paragraph to read ; The application shall be considered accepted for review by the Planning Board when the CEO and the Chairman of the Planning agree that the above information has been reviewed at the Sketch Plan Conference . Districts Al — Section 5.3 Permitted Uses — Farm worker residence ; The Board discussed this and decided that the attorney should look this section over. Section 5. 6 Uses Allowed by Special Permit from the Town Board — change campgrounds to Campgrounds, overnight. Section 5. 7 Lot area and Yard Requirements ; change 30 feet to - 32 above average grade measured at building perimeter. Mr. Coogan will review other sections where this may have to be changed so that it is consistent. The Board will continue this review at another meeting starting at A2 Permitted Uses . The 4th Monday in December is Christmas so there will not be a second meeting in December. The Board will have to decide at a later date when to reconvene discussions on the Zoning Law . Hearin g no further business the meeting adjourned. Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG : mlg . rl