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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 . Special Town Board Meeting 3 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 Special Town Board Meeting `{- 03/20/2007 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. Special Town Board Meeting 3r 03/20/2007 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 Special Town Board Meeting 6 03 /20/2007 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 Special Town Board Meeting 7 03/20/2007 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. Special Town Board Meeting 03/20/2007 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 . Special Town Board Meeting 9 03/20/2007 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 03/20/2007 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