HomeMy WebLinkAbout2007-03-20 - TB TOWN OF ULYSSES
SPECIAL TOWN BOARD MEETING
MARCH 20, 2007
Present : Supervisor Douglas Austic ; Town Council Roxanne Marino , Don Ellis, Rod
Ferrentino and Lucia Tyler; Town Clerk Marsha L . Georgia; Deputy Supervisor Richard
Coogan; Mariette Geldenhuys, Attorney (arrived after 8pm) .
Others Present : Alex Rachun, Code Enforcement Officer and Ken Zeserson, Chairman
Planning Board.
Supervisor Austic opened the meeting and the Board continued review of the Zoning
Law. Mr. Coogan made the modifications and corrections to the document as the Board
made them. The following is the document with the changes and corrections.
Resolution of the Ulysses Town Board Approving Local Law No. xx of 2007
Technical Corrections to the Ulysses Zoning Law Adopted August 30, 2005.
WHEREAS , the Ulysses Town Board adopted a Zoning Law for the Town on August
30, 2005 , and
WHEREAS, the Zoning Law has been in force for one year and during this time certain
aspects of the law have been found to be deficient with the intended purpose by
unintended omission, ambiguity, or errors, and
WHEREAS , the Ulysses Planning Board has reviewed and discussed the proposed
technical corrections, and
WHEREAS, the proposed corrections do not change the uses allowed in any District nor
the Zoning Map locations of Districts ; and
WHEREAS, a Public Hearing was held on the Technical Corrections on XXXXXX
after posting a notice in the official newspaper for the Town on XXXXXXX, being the
necessary 10 days prior notice of the Public Hearing, and
WHEREAS, the technical corrections being considered are determined by this Board as
consistent with the Town ' s Comprehensive Plan,
NOW THEREFORE IT IS HEREBY RESOLVED, that the Town Board of the Town
of Ulysses hereby adopts Local Law XX for technical corrections to the Ulysses Zoning
Law, being Local Law No . 3 adopted August 30 , 2005 , to be effective upon filing with
the New York State Secretary of State as required by Law:
BE IT RESOLVED, the following technical corrections to Local Law No . 3 of 2005 ,
The Town of Ulysses Zoning Law is hereby enacted, by the Town Board of the Town of
Ulysses on this date of XXXXXX
Article III --- Administration
3 . 2 All applications for Special Permits shall be subject to Site Plan Review .
3 .4 Site Plan Review
Under Section 3 .4.3 . Procedure replace "Sketch Plan Conference" paragraph
with the following.
Sketch Plan Conference. The applicant shall have 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.
PHASE I
Special Town Board Meeting 2.
03/20/2007
Change the last sentence
From :
To : The application shall be considered accepted for review by the full
Planning Board when the Code Enforcement Officer and the Chair of the
Planning Board agree that the above information has been received.
Article IV --- D efinitions
4.2 Definitions
Add the sentence in italics to the end of the definition of Accessory Building.
Accessory Building. A building subordinate to and clearly incidental to the
principal building on the same lot, and used for the purposes customarily
incidental to those of the principal building. An accessory building shall not
containhabitable space. For the purposes of this law, tractor trailers, shipping
containers, PODs, and similar structures are not considered to be accessory
buildings. >Also add to article 21 .9<
DELETE the following definition:
Campground, 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.
ADD the following definitions :
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 for which fees are
charged. Each seasonal camp site shall be connected to utilities and sanitary
waste disposal system.
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 for which fees are
charged. Large camper or recreational vehicle camping is clearly an incidental
and accessory use and limited to no more that 10% of the campsites . Storage on
more than 10% of the total site capacity and commercial sales of such vehicles are
prohibited .
Cottage industry. 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 with established hours of operation, or services on the .
premises, and which does not employ more that ten persons on site not residing
on the property.
Home 'Occupation
REPLACE the definition of Sign, Free-Standing with the following definition.
Sign, Free-Standing Any sign not affixed to a building.
Article V --- Al -Agricultural District
Under Section 5 .3 Permitted Uses add the following use .
Farm worker residence ; Subject to the standards in this Zoning Law for
single family and two family houses, or for Elder Cottage standards as
defined in this Zoning Law.
Under Section 5.6 Uses Allowed by Special Permit from the Town Board add
the following use .
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03/20/2007
Campground, overnight
Under Section 5. 7 Lot Area and Yard Requirements add the following.
Maximum building height for any nonagricultural building or structure
shall be 32feet above average grade measured at the building perimeter
Article VI --- A2-Special Agricultural District
Under Section 6.2 Permitted Uses delete the word "competitive" in the
paragraph starting with "Racing . . . " as follows .
>MOVE TO DESIGN STDS 17 . 2 . 2 Racing and other events that utilize
motorized self propelled vehicles are not allowed during weekdays when
school is in session and during school events .
Article VII --- R1 -Rural Residential District
Under Section 7. 5 Uses Allowed by Special Permit add the following use.
Campgrounds, Seasonal
Campgrounds, Overnight
Under Section 7.6 Lot Area and Yard Requirements replace the paragraph on
"Building Heights" as follows .
Maximum building height for any nonagricultural building or structure
shall be 32_feet above average grade measured at the building perimeter .
>check all sections<
ADD to Article II , 2 . 1 under Conformance and in General Provisions 21 . 2
Existing Lots.
The above notwithstanding, any lot that is deemed conforming to the prior
Town of Ulysses Zoning Ordinance, or was created prior to any local
zoning law but now is deemed nonconforming, shall not require the
approval for an area variance by the BZA should said lot meet all set
back, front and rear yard requirements of this Zoning Law
Article X --- MHP-Manufactured Home Park District
Under Section 10.2 Permitted uses add the following permitted use .
Campground, Seasonal .
Article XI --- H1 - Hamlet District
11 . 3 , 12 . 3 , 13 . 3 storage building to Accessory Building
Article XIII --- B1 -Business District
Under Section 13 . 2 Permitted Uses replace "Retail Stores" paragraph with the
following.
Retail Stores, provided the establishment does not exceed 12 ,000 gross
square feet in floor area.
Private Schools, Nursery Schools, Institutions of Higher learning
including dormitories .
Under Section 13 .4 Uses by Special Permit add the following :
One and two family dwellings
Multiple dwellings
Change to entry:
Vehicle and Boat Sales, Rentals, Service, Auto Body and Repair Shops
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Article XIV --- IL — Light Industrial District
Under Section 14.2 Permitted Uses delete :
Scrap yards, recycling centers
Add : Section 14.4 Uses by Special Permit by the? Mariette to review wording
Auto Body and Repair Shop
Article XVII --- Design Standards
Section 17.3 Standards for Parking in All Zoning Districts
Under 17.3 . 1 Minimum Requirements for Off-Street Parking replace
the first line as follows .
"The following requirements for parking reserve shall apply: . . . . "
At the time of Site Plan Review the applicant shall indicate the
number of parking spaces to be improved . The minimum
requirements shall be maintained open and clear to the sky.
All required parking shall have all weather surfaces. Section 17.4 Standards
for Signs
Under 17.4. 1 General add the following paragraph to the end of the
subsection.
The maximum height, including mast for free standing shall be 15
feet .
Under Section 17.5 Standards for Outdoor Lighting replace the paragraph
beginning with "Any lights used . . . " with the following paragraph.
Any lights used to illuminate the exterior of a single family, two family,
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 :
Under Section 17. 8 Standards for Animals in Residential Areas delete the
following paragraph.
Replace not delete
1 . The land on which they are kept shall be a least one-half ( 1 /2) 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 shall be in
addition to the minimum lot.
Under Section 17.9 Standards for Campgrounds create a subsection 17.9. 1
Campgrounds, Seasonal keeping the same text as Campgrounds, Seasonal . At the end
of text create a new subsection as follows .
>ADD TENTS TO LIST OF CAMPING DEVICES<
17 . 9 . Any unit for sale must be placed on its on campsite, there shall be no other
commercial sales except
17.9.2 Campgrounds, Overnight
The maximum density of campsites within a campground shall be no more than ten ( 10)
per acre, based on the total area of the parcel.
No campsite shall be closer than 275 feet from the right-of-way of a public road or
highway.
All roads within the campground shall be at least twelve ( 12) feet wide for one-way
traffic and 20 feet wide for two -way traffic , constructed with an all-weather surface
material, and properly marked with appropriate directional and traffic safety signage.
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Each campsite shall be numbered and shall have a minimum width of thirty (30) feet and
a minimum depth of fifty ( 50) feet .
No campsites, buildings, structures or parking areas shall be located within one hundred
( 100) feet of a stream edge or any wetland as defined by state or federal law. With the
exception of stream crossings, no roadways shall be located within fifty (50) feet from a
stream edge or any wetland as defined by state or federal law .
Each campsite shall have a designated area for a campfire and shall be located, cleared
and maintained in accordance with recommendations of the Trumansburg Fire
Department Chief
No more than two (2) motor vehicles shall be parked at or be registered at a campsite at
any time .
Parking for campground patrons and guests shall be provided in a location or locations
conveniently accessible to the campsites, at a rate of one ( 1 ) parking space for each ten
( 10) campsites .
Where the campground property fronts a public road or highway, within the required yard
area at least 50 percent of the length of the frontage on said public road or highway shall
be planted and maintained with vegetated buffer per the requirements of Article XVII,
Section 17 . 6 .
There shall be no commercial sales except for the sale of firewood, charcoal or other fuel
to be used for camping purposes, and an inventory of miscellaneous and sundry items for
the accommodation and use of campers and their guests .
Provisions for water supplies, sewage disposal and garbage disposal shall meet all the
requirements of the Tompkins County Health Department.
Wildlife and rodent-proof refuse containers shall be provided so that there shall be a
minimum of one container for every four (4) campsites .
Garbage shall be picked up at least twice per week during the months of June, July and
August, and at least once per week during all other times when the campground is
operating.
The campground shall be kept free and clear of all litter and maintained in a neat and
orderly manner. The owner shall be responsible for the maintenance of all campground
facilities, including areas designated as open space, streets, landscaping, sewage disposal
and water supply systems, and solid waste collection .
* *For the exact discussions the tapes are available .
Discussion with Attorney Geldenhuys — Annexation Petition
Ms. Geldenhuys was invited to join the Town Board at the table for discussion of the
Petition for Annexation received from William Auble for Tax Parcel # 11 -2 -4 and # 11 -2 -
7 . 1 , received in the Town Clerk ' s Office March 16 , 2007 .
A memorandum that briefly outlines the annexation procedure was handed out to the
Town Board and Ms. Geldenhuys reviewed : Document is as follows :
I . Issue presented
The Town received a petition requesting annexation of lands within the Town to
the Village of Trumansburg. This memorandum briefly outlines the initial procedure to
be followed by the Town after receipt of the petition .
II . Statutory provisions
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The process is outlined in the Municipal Annexation Law, contained in Article 17
of the General Municipal Law (GML) . The basic steps are as follows :
A. Notice of Hearing (GML § 704) . Within 20 days after receipt of the
petition, a notice must be published once in the official newspaper of the
Town. A copy of the notice must be mailed to each person or corporation
owning real property in the affected territory (as shown on the assessment
roll and voter registration rolls) .
B . Contents of notice (GML § 704) . The Notice must state :
1 . that a petition has been received for the annexation of territory to
the Village of Trumansburg has been filed, and briefly describe the
territory proposed to be annexed ;
2 . That a joint hearing of the Town of Ulysses and Village of
Trumansburg will be held at a location stated in the notice (which
has to been in one of the municipalities) . The notice must state the
date and time of the hearing, which must be not less than twenty
days and not more than forty days after the date of publication and
•
mailing of the notice .
C . Mailing of Notice to school authority. (GML § 704) . The Town and the
Village must each mail a copy of the Notice to the school district in which
the territory proposed to be annexed is located at least 10 days prior to the
date of the joint hearing.
D . Mailing of Notice to fire district, public benefit corporation, town
improvement district. (GML § 704) . The Town Board must mail a copy of
•
the Notice at least 10 days before the date of the hearing to the Board of
Commissioners or other governing body of each fire district, other district
corporation, public . benefit corporation and town improvement district
operated by a separate board of commissioners, which is located wholly or
partly in the territory proposed to be annexed.
E . Hearing ( § 705 ) .
1 . Chairperson. At the joint hearing, the members of the participating
boards (Town and Village) need to agree on the selection of one of
the members to preside at the meeting, or if they cannot agree, the
chairperson is chosen by lot.
2 . Purpose of hearing. The boards must hear any testimony and
receive evidence and information concerning the petition and the
question of whether the annexation is in the over-all public
interest. This includes (but is not limited to) evidence, testimony
and information about the following :
a. Technical defects of petition :
( 1 ) That the person signing the petition is not qualified
to do so . (There are technical requirements for the
petition, as set forth in § 703 ) ; or
(2) that the petition which purports to be signed by the
owners of a majority in assessed valuation of the
real property in the territory, is in fact not signed by
such owner(s) ; or
( 3 ) that the petition in some other way does not
substantially comply with the law in form or
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content; or
b . Public interest considerations : that the proposed annexation
is or is not in the over- all public interest
( 1 ) of the territory to be annexed or
(2) the Village ; or
(3 ) the remaining area of the Town; or
(4) The school district, fire district or other district
corporation, public benefit corporation, fire
protection district, fire alarm district or town or
county improvement district, situation wholly or
partly in the territory proposed to be annexed .
3 . Written objections : Objections based on technical defects must be
in writing, in addition to any oral testimony. Objections based on
the public interest question must be reduced to writing (i . e. , a
record of such testimony must be made) . The cost of making a
record must be shared equally by the Town and Village or
according to an agreed-upon formula.
4 . Adjournment of hearing: The hearing can be adjourned but has to
be completed within ten days of the date stated in the published
notice of hearing .
5 . Lack of participation by a governing board : If one of the governing
boards fails to participate in the hearing, the other can proceed with
the hearing on its own .
F . Determination by Town and Village after hearing ( § 711 )
1 . Within ninety days after the hearing, the Village and Town board
must each decide, by majority vote of its total voting strength (i . e . ,
at least 3 members of the Town Board) whether the technical
requirements outlined in paragraph E2 above have been met, and
whether the annexation is in the over-all public interest, based on
the criteria set forth in paragraph E2 .
2 . If both boards make the same determination, their decision is final
and conclusive .
3 . If one board decides that the annexation is not in the over-all
public interest, the other board can apply to the appellate division
of the supreme court (in Albany) to determine whether the
proposed annexation is in the over-all public interest . ( § 712)
III . Conclusion
In order to comply with the Municipal Annexation Law, the Town must follow
the provisions outlined above by scheduling a joint public hearing and sending out
notices as required by the statute . The Town Board has to wait until after the hearing to
make a decision, and has 90 days after the hearing to do so . In the event that the two
municipalities do not reach the same decision, and the issue is contested in court, it will
be important to show that all required procedures were followed, that the Town Board
considered the information presented at the hearing, and based its decision on the criteria
outlined in the statute .
The Municipal Annexation Law contains additional provisions on property rights
in the territory proposed to be annexed ; debt service ; and the required form and content
of the decision after the hearing and other related matters. These procedures will be
outlined in supplemental memoranda.
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The process is outlined in the Municipal Annexation Law, contained in Article 17 of the
General Municipal Law ( GML) .
Within 20 days after receipt of the petition, a notice must be published in the official
newspaper of the Town stating the time and place of the hearing as well as notifying
people in the affected area. Both the Town and Village are required to send the notices .
A joint hearing with the Village and Town stating the date, time and place must be
decided.
The Board discussed the foregoing procedure with Ms . Geldenhuys .
A discussion on the location for the public hearing ensued with the fire hall and school
auditorium being possibilities.
The parcels 11 . -2 -4 and 11 . -2 -7 . 1 were reviewed and Mr. Austic showed the Board
Members a copy of the tax map outlining the area in question.
Mr Austic had questions about parcels of land in between the two parcels and how the 7
or so parcels that total up to 4 acres . He contacted the department of state to find out
what the deal is to having part of the town completely surrounded by another
municipality with no access to the rest of the town.
Mr. Ellis said it wouldn ' t make sense to annex without annexing those pieces as well .
Mr. Austic said this petition doesn ' t include that, so these people have to petition the
same thing .
Ms . Marino said this annexation to the village has been considered at least 4 times but
this never came up as an issue before . .
Mr. Ferrentino said no because it was presented as a petition for that parcel we see now
and to consider the other parcels those owners would have to petition or someone would
have to state that they don ' t agree because its land locking the town and that did not come
up the last time as a block.
Mr. Austic pointed out to the Board the parcels that would be land locked on the map .
Ms . Marino asked about the legal questions as whether this could occur without those
property owners agreeing that they also want to be. part of the annexation.
Ms . Geldenhuys said that the annexation law doesn ' t address that question, the law just
addresses that you must have a public hearing on the petition you receive and you have
90 days after :the public hearing to make your decision. The criteria would be technical
defects in the petition, and then the public interest consideration the territory that is going
to be annexed the Village, Town and the School District whether it ' s in the overall public
interest. The public hearing gives the opportunity for any interested party to present
evidence, testimony and that the real discussion by each separate municipality after the
joint hearing 'happens . After the public hearing and it ' s important that the discussions in
terms of making determination or coming to a conclusion are made after the public
hearing so it doesn ' t appear that either municipality has made up its mind and the public
hearing is just a formality.
Mr. Austic said it ' s not improper to come up with things we should think about. Mr.
Austic presented a list of items that he would like the Board to consider.
1 . We now have town owned property within this area , Meadowview Drive and Parkside
Drive which have a value on town asset sheets of between $500 , 000 and $ 1 , 000 ,000 per
mile with the roads and the land . Some compensation for these facilities has to be in the
mix. We do not want town roads within the village limits .
2 . Parcel # 11 .-2-4 is in Town of Ulysses Ag District #2 . I am not sure that Ag District land
can be located within a village .
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3 . There are 8 parcels owned by others ( 11 . -2-5 , 11 . -2-6 . 2 , 11 . -3- 1 , 11 . -3-2 , 11 . -3-3 , 11 . -3-
4 , 11 . -3-5 , 11 . -2-7 . 2 ) which if the annexation were to move forward would be entirely
landlocked (surrounded ) by the village and the town of covert . In my opinion , these
property owners would have to petition to be annexed as well . Otherwise it would bring
up road maintenance problems with our contract to plow county roads .
4 . Losing the trailer park takes away the town 's only park with room or capability for new
trailers . This means that since we only allow mobile homes in parks , we would need to
find another location and someone to build such a facility to be compliant.
5 . A large parcel of business zone (39Acres ) would be lost to town potential businesses .
We would or should need to find another location satisfactory for a business zone within
the town .
6 . Everyone seemed to be concerned that the residents of the MHP would not have a say
about the water district , neither do they have a say about paying village taxes . Each
mobile home carries an assessment for the unit and therefore directly affects the tax
paid . This would be approximately $6/ 1000 more .
7 . The village is considering bonding $565 , 000 to pay for needed water infrastructure , if this
occurs and the rates change as little as 25% the cost of the water service to the MHP
would be higher that the total anticipated town district .
8 . The village would lose more in water and sewer revenue than they would gain in property
taxes . Property taxes are general fund revenue , so the water/sewer fund would lose the
revenue .
9 . Without the MHP in the District 5 plan , the funding will be lost . Whether you believe it or
not, this district is good for the town , with some concerns that have been expressed
about development and animal operations which can be addressed . Without the district a
lot of town residents are affected , even the village since there is no possibility of an
emergency or primary source without district 5 . Mr . Hrubos can talk all he wants about
the City and what they will do , but the fact is water cannot get from Bolton Point to T-Burg
without infrastructure .
Ask yourselves , what kind of plan does the village have to supply to the Health Department for
their other source? Why, if the revenue loss was a big issue , is the village willing to now lose 1 /3
of their water/sever revenue from the MHP ?
Mr. Austic stated that there may be some other things that we may want to look into for
information on this before we make any decision.
Ms . Geldenhuys said a Board Meeting would be held to determine by a vote on the
annexation and decide whether or not this is in the public interest. The Village makes its
own separate determination. If both decide the same thing it ' s the end of the issue . If one
says yes and the other no then the municipality that says yes can file and take it to the
appellate division in Albany for a determination .
Mr. Ferrentino said that the public hearing should bring out questions and concerns we
need to address .
Ms . Geldenhuys said that ' s the purpose basically to get testimony, evidence, information
and then the Town Board needs to show in their decision that this was taken seriously and
considered . Also , a stenographer will need to be present because there has to be a record
of the proceedings and anybody who makes a submission needs to provide it in writing
unless it is given verbally and entered into the record . The statute says that the cost of the
stenographic record is shared equally between the municipalities unless another
agreement is reached .
Ms . Geldenhuys suggested that all residents should be notified including the properties
not included but surrounded by the property in question .
The Board discussed SEQR and that a lead agent would have to be determined .
The Board discussed the procedure at the Public Hearing.
Ms . Geldenhuys said that she could provide a script that the Board can follow at the
public hearing (which can be reviewed with the Village) and it states that a public hearing
is a one direction hearing is not a question and answer session, but it is an opportunity for
the public to provide their input . The Boards should not answer question because it can
be perceived by the public as their predetermined opinions or decision before the public
Special Town Board Meeting 10
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had the opportunity to comment . Copies of the petition should be available for the
public .
Mr. Austic explained his #6 to the Board and that these extra parcels would be added to
Mr. Auble ' s total assessment bringing it up over 2 million in assessment .
The Board ' s second meeting of the month is scheduled for March 26`", 2007 at 7pm and
Mr. Austic will check with the Village to see if they would be available to meet that
evening to set a Joint Public Hearing to hear public comments on the application for
annexation. Also March 28th and April 2nd were approved for alternate dates to meet with
the Village .
Better Housing Resolution
Mr. Austic said that he had spoke with Mr. Spence from Better Housing and that they
need another resolution. Mr. Austic moved, seconded by Mr. Ellis the following :
WHEREAS the Town of Ulysses is interested in applying to the Small Cities
Block Grant and is eligible to apply,
WHEREAS Better Housing has completed the initial needs survey work for the
and is agreeable to making application to HUD on behalf of the Town of Ulysses
for funds to be used for housing rehabilitation projects for qualifying town
residents,
THEREFORE BE IT RESOLVED that the Town Board of the Town of Ulysses
authorize Better Housing of Tompkins County to act as our agent in application
for such grant .
Mr. Austic aye
Mr. Ferrentino abstained
Ms . Tyler aye
Mr. Ellis aye
Ms. Marino aye
Adopted.
Hearing no further business Mr. Ellis moved, seconded by Mr. Ferrentino to adjourn the
meeting. Unanimously approved, meeting adjourned at 9 : 25 pm.
Respectfully submitted,
Marsha L . Georgia
Ulysses Town Clerk
MLG : mlg