HomeMy WebLinkAbout2007-04-23 - TB TOWN OF ULYSSES
SPECIAL TOWN BOARD MEETING
APRIL 23 , 2007
Present : Supervisor Douglas Austic ; Town Council Roxanne Marino , Don Ellis, Absent
Rod Ferrentino and Lucia Tyler; Town Clerk Marsha L. Georgia; Deputy Supervisor
Richard Coogan.
Others Present : Alex Rachun Code Enforcement Officer and Scott Sherwood.
Supervisor Austic called the meeting to order at 7 pm .
Amendment to Spruce Row Campgrounds PUD
Mr. Austic had contacted Attorney Geldenhuys and asked her to clarify the procedure for
an amendment to a PUD .
Ms . Geldenhuys had contacted Mr. Austic and said that the applicant should provide the
information as stated in the Zoning Law under Re-Zoning for a Development District
The Board discussed this with Mr. Scott of Spruce Row Campgrounds .
Mr. Rachun said that the Planning Board would require the same information as if they
were reviewing a Site Plan application . Mr. Rachun said that the major information the
Town has on file from the original application and he could gather that information to
save the applicant the expense of doing it again.
The Board suggested that a letter stating that it still remains the same area would be
sufficient instead of going through a whole new survey.
Mr. Rachun suggested only surveying the portion where Mr. Scott is requesting camper
sales .
Mr. Ellis moved, seconded by Ms . Marino the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses refer this action
to the Planning Board and request Mr. Scott to provide information that would be
provided for Site Plan Review for the Planning Board to review and present their
recommendation to the Town Board.
Mr. Austic aye
Mr. Ellis aye
Ms . Marino aye
Adopted .
Mr. Rachun will work with Mr. Scott on what information will be needed.
Barton & Loguidice Invoice.
Mr. Austic asked the Board if they wished to approve the invoice from Barton &
Loguidice for the report they had furnished the Town Board.
Mr. Ellis and Ms . Marino would like to review the report before payment is made .
This will be on the agenda for the May meeting.
Public Informational Meeting
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April 23 , 2007
Mr. Austic has received several requests to have another Public Informational Meeting on
the proposed Water District #5 and he feels this would be a good idea and asked if the
Board would like to do that or not .
Ms . Marino said that she would like to have another meeting with the Village .
Mr. Ellis feels that needs to be done also .
Mr. Austic said then having a meeting with or for the public is nothing that the Board
wants at this time . He asked if that was correct.
Mr. Ellis said he thinks that a different plan is needed, go back to planning and bring it
forward. Mr. Ellis feels a resolution that puts a side the current actions and establishes a
new set of actions .
Mr. Austic pointed out that would mean losing the funding.
Mr. Ellis said he realizes that but feels money will be available again.
Mr. Austic said he feels strongly that the Town would not be able to get the points for the
no interest loan and it will make a future water project not impossible but much more
expensive for the residents and he feels that the Board just does not care . Mr. Austic
spoke strongly on asking the public and having a meeting.
Mr. Austic said that the people that reside in the trailer park can vote who are on the tax
roll .
Mr. Austic said that there also may be a way to buy water from the Village for Water #5
that could possibly replace the revenue that they are losing from outside water users no
longer being billed by the Village.
The Board discussed this concept.
Ms . Marino moved, seconded by Mr. Ellis the following :
BE IT RESOLVED that the Town Board of the Town of Ulysses schedule a joint
Village, Town Board meeting prior to the May 8th Regular Town Board Meeting
for the purpose of discussing Water District #5 .
FURTHER RESOLVE that Mr. Austic provide in writing to all Village and Town
Board members a written statement of buying water from the Village .
Mr. Austic aye
Mr. Ellis aye
Ms . Marino aye
Adopted.
The Board discussed different dates for this meeting and it was also suggested that Jim
Dennis to ask to moderate the meeting.
Zoning Law Changes — Signs
Mr. Ellis had previously presented some changes for the Zoning Law in reference to
"signs" . Mr. Ellis and Ms . Marino had gotten together and discussed these changes and
Ms . Marino provided that document to the Board. (That document is as follows .) (The
changed document follows this one .)
Article IV Definitions
Sign — Add : "For the purposes of this Zoning Law, no sign shall be placed on the roof of
any structure or building.
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April 23 , 2007
Sign, free-standing - Delete : non-movable [We currently have no effective way of
addressing sandwich boards, etc . . ]
Sign, off-premise - delete [this type of sign is not considered in the revised wording; this
in effect means new billboards are not allowed in the Town]
Section 17.4
Suggested Replacement :
Replace current zoning law paragraphs 17 . 4 . 1 through 17 . 4 . 3 with five paragraphs below .
Explanatory notes or comments for consideration are in [ J
17.4 Standards for Signs
17.4. 1 General
1 . Unless otherwise specified in the law, no portion of any sign shall extend into the road
or street right-of-way.
2 . Any sign authorized by this ordinance shall be maintained in a safe condition and kept
in good repair.
3 . In all districts one sign exercising the First Amendment right of free speech of a
noncommercial nature, posted by the owner of the property on which the sign is located
is permitted ; such sign shall not exceed nine (9) square feet in area. Any sign authorized
by this ordinance may contain noncommercial, free- speech copy in lieu of any other
copy.
[Note (RM) : I am not sure the first sentence in #3 is legal, as it seems to regulate the
place and manner(i. e. size) of a sign according to its content, specifically free speech
signs. Doesn 't the second sentence say that any sign allowed in any district can contain
a non-commercial, free speech message ? Consider deleting this first sentence, and
adding temporary signs not to exceed 9 sq ft to the proposed 1 7. 4. 3-3, Signs in Any
District, see below] The Town Attorney should advise on this.
4 . A free standing sign less than 1 foot thick shall be considered one sign. The area
limitations of such sign shall be measured on one side of the sign. Advertising as
permitted may be on both sides .
5 . If a sign consists of independently detachable letters or symbols, the area of the sign
shall be determined by measuring the area within a rectangle enclosing all such letters or
symbols as they are intended to be installed.
6 . In all districts, neither free-standing signs nor signs applied to buildings shall be placed
in a manner that puts the top edge of the sign or sign structure more than fifteen ( 15) feet
above the average ground elevation along the length of the sign, including any sign mast .
The following Sections limit this height further in some Districts .
7 . In measuring the area limitation of advertising letters or symbols placed on building
surfaces, or other permitted surfaces, the area shall be defined as the one least rectangle
that will enclose all parts of the advertising letters or symbols .
8 . Where advertising letters or symbols are placed on an awning or similar structure
attached to a building, that structure is considered to be a sign. Its use and area are limited
as other signs attached to a building facade.
17.4.2 Sign Illumination and Internally Illuminated signs
1 . In this Section the term "Illuminated Sign" applies to both signs that are illuminated by
external light sources and those with internal illumination.
2 . Any sign that is illuminated from any light source other than an internal light source
shall be illuminated by a fully shielded light source or sources, designed and placed in a
Special Town Board Meeting 4
April 23 , 2007
manner that :
a. restricts the area of illumination to the sign face;
b : directs light only n a downward manner;
c . precludes the casting of any glare or light from said source beyond the sign face
in any upward direction, horizontally to the side of, or to the rear of the sign
structure ;
3 . No light shall be cast upward beyond a horizontal plane level with the light source, or
onto any adjoining property. 1
4 . An illuminated sign or lighting device may not be placed or located as to permit the
beams and illumination to be directed or beamed upon a public street, highway, sidewalk
or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard
or nuisance.
5 . Any illuminated sign or sign-lighting device shall employ only lights emitting a light
of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent,
rotating or moving light or lights .
6 . Illuminated Signs must be turned off at 10 : 00 PM, except at places of entertainment
where they may remain on until 12 : 00 PM. (RM question -- do current gas stations and
stores adhere to this?)
17.4.3 Signs in Any District
hi addition to the types of signs specifically listed in this Section ( 17 .4) , the following
signs are permitted in any zoning district of the Town of Ulysses :
1 . Any sign required by law;
2 . Official signs required by a governmental agency or utility, provided such sign does
not exceed twenty-four (24) square feet in area;
3 . Temporary signs with a surface area not to exceed 9 square feet, posted by, or with
the permission of, the owner of the property on which the sign is located.
[Note (RM) : Could combine this with 4 — 6 below, as a more general statement about
temporary signs. This would include the non-commercial, free speech signs without
singling them out.]
4 . One ( 1 ) sign advertising for the sale, hire or lease of only the land or buildings on the
lot or parcel on which the sign is located, provided such sign does not exceed nine (9)
square feet in area;
5 . One ( 1 ) temporary sign denoting the responsible architect, engineer and general
contractor placed on the premises where construction, repair or renovations are in
progress, provided such sign does not exceed nine (9) square feet in area;
6 . One ( 1 ) temporary sign for advertising the sale or rental of services or goods on the
premises, not to exceed six (6) square feet in area and for a period of time not to exceed
two (2) weeks in a two (2)-month period.
17.4.4 Business Directional Signs
In any zoning district where business directional signs are allowed :
1 . There shall be no more than two (2) such signs within the Town for any one parcel
occupied by a business or businesses, additional businesses on the same parcel may not
place additional signs .
2 . No business directional sign shall exceed six (6) square feet per side in area, nor
exceed six (6) feet in height at the top of the sign.
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April 23 , 2007
3 . No business directional sign shall be placed less than 500 feet from the intersection at
which prospective customers are being directed to turn off the road or highway along
which said sign is located.
4 . All business directional signs shall be designed and constructed to conform to New
York State Department of Transportation specifications , including specifications related
to breakaway sign posts .
Re-number all following sections, starting from 17 .4.5 (i. e. current section 17.4.4
becomes 17.4.5)
Suggested edits to current ZL section 17.4.4 :
17.4.4-1 Delete (taken into account as a general statement in new 17 .4 . 1 )
17.4.4-3 Change "both" to "each" .
Suggested edits to current ZL section 17.4 . 5 :
17.4.5- 1 Delete (taken into account as a general statement in new 17 .4 . 1 )
17.4.5-3 , first sentence, Change "thirty two (32) square feet each" to "twenty- four (24)
square feet. "
[This would be more in keeping with the rural nature of the Town . ]
17.4. 5-3 , second sentence, Change "sixty- four (64) square feet" to "forty- eight (48)
square feet".
[This would be more in keeping with the rural nature of the Town.]
17.4.5-4, Change to "For retail businesses in a shopping center, no more than one ( 1 )
sign, not to exceed 40 square feet if attached to a building façade" .
[One sign per merchant in a shopping center is enough . The sign for the overall shopping
center is effectively the merchant' s second sign. ]
17.4.5-3 "shopping center" is not defined elsewhere in the Local Law. Add a definition
in Article 4 . 2 . "Shopping center - a number of businesses located on single parcel, or
adjacent parcels under single ownership , or in every case, adjacent parcels having shared
access to a public thoroughfare. "
17.4.5-3 Delete "or ten percent of the . . . . . . whichever is greater. "
17.4.5-5 Delete "or ten percent of the . . . . . . whichever is greater. "
Or, replace with, "For a sign that identifies a shopping center or plaza, and its
tenants , no more than one ( 1 ) two- sided sign, not to exceed 120 square feet on a side,
not more than eight (8) feet high located at the entrance to the shopping center."
17.4.5-6, Change 32 to - 24, Change "freestanding" to "freestanding or affixed to the
building" , and Delete the second sentence . Leave in the third sentence .
17.4.5-7, Change 32 to 24, Change 80 to 64, and Delete "or ten percent of the . . . . . .
whichever is greater. "
17.4.5-8 , Change 32 to 24 for both free-standing and building façade signs, and Delete
"or ten percent of the . . . . . . whichever is greater. "
Section 17.4.6 Hamlet
17.4.6-1 Delete (taken into account as a general statement in new 17 . 4 . 1 )
17.4 .6-4 Change "not to exceed 32 sq ft" to "not to exceed 24 sq ft, or not to exceed 32
sq ft if the sign is in the lintle . "
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April 23 , 2007
Other to consider : Temporary signs, banners, balloons, etc .
a) Do we need a definition for "temporary sign" (the term is used but is not in the
definitions, Article 4 . 2)
Possible definition -- Any sign not designated or intended to be permanently anchored to
the ground and designed and intended to be capable of being transported over public
roads and streets, whether or not it is transported. Banners are considered temporary
signs for the purpose of this ordinance. "
[Note (RM) : this is the definition of mobile sign, from the 2006 NYS pub on municipal
signs] These type of signs would include the usual freedom of speech signs used for
political campaigns. Proposed 17. 4. 3-3 would allow temporary signs up to 9 sq ft in any
district.
b) As the law is currently written, no signs except 1 — 5 specified in section 17 . 4. 1
(General), p . 84 are allowed in A2 or PR. Temp signs should be specified as allowed (the
Fair, events at the Park, etc) . The A2 often has temporary (or mobile) signs up .
c) Add a clause in each pertinent section to allow temporary signs larger than 9 sq ft (see
17 .4 . 3 - 3 in B1 , IL, A2 , PR districts? ,We should give a time frame for display of
temporary signs — no more than 2 (?) consecutive weeks in any 6 month period?
Do we need to specify the maximum size of a temporary sign ? This might be problematic
to define (.?), as it might include banners and all mobile signs.
d) Should we add a definition of "banner"to Article 4 (4.2) , to allow banners as
temporary signs in some districts (B1 , IL, A2 , PR?) .
[In the current zoning law, the definition of a sign says that "for the purposes of this
Zoning law, poster, banners, or other advertisements displayed from the interior of a
premise are not considered signs . ] Does this mean all banners, or just banners displayed
from the interior?
Possible definition : "Banner — Any sign of lightweight fabric or similar material that is
mounted to a pole, a building or other structure, or trees at one or more edges . National
flags, state or municipal flags, or the official flag of any institution or business shall not
be considered banners . "
e) What about balloons, inflatable signs, and any other type of non- stationary advertising
devices that float, flutter, or is otherwise designed to attract the attention of passing
motorists or pedestrians?
These could be specified as temporary signs as well, regulated under the same constraints
as specified for other temporary signs (by district) . OR, these types of signs could be
allowed by permit from the Zoning Officer, to ensure they aren ' t of a size or location that
is a visual nuisance or constitutes a possible public safety hazard? We would still need to
specify a maximum tune they could be up ? Or leave to discretion of ZO?
* *The following is the document after discussion with the changes.
Article IV Definitions
Sign — Add : "For the purposes of this Zoning Law, no sign shall be placed on the roof of
any structure or building.
Sign, free-standing — Delete : non-movable
Sign, off-premise — delete
Add — Temporary sign — any sign not designated or intended to be permanently
anchored to the ground and designed and intended to be capable of being transported over
public roads and streets, whether or not it is transported.
Section 17.4
Suggested Replacement :
Replace current zoning law paragraphs 17 .4 . 1 through 17 .4 . 3 with below.
Special Town Board Meeting 7
April 23 , 2007
17.4 Standards for Signs
17.4. 1 General
1 . Unless otherwise specified in the law, no portion of any sign shall extend into the road
or street right-of-way.
2 . Any sign authorized by this ordinance shall be maintained in a safe condition and kept
in good repair.
{
3 . A free standing sign less than 1 foot thick shall be considered one sign. The area
limitations of such sign shall be measured on one side of the sign. Advertising as
permitted may be on both sides .
4 . If a sign consists of independently detachable letters or symbols, the area of the sign
shall be determined by measuring the area within a rectangle enclosing all such letters or
symbols as they are intended to be installed.
5 . In all districts, neither free-standing signs nor signs applied to buildings shall be placed
in a manner that puts the top edge of the sign or sign structure more than fifteen ( 15) feet
above the average ground elevation along the length of the sign, including any sign mast.
The following Sections limit this height further in some Districts .
6 . In measuring the area limitation of advertising letters or symbols placed on building
surfaces, or other permitted surfaces , the area shall be defined as the one least rectangle
that will enclose all parts of the advertising letters or symbols .
7 . Where advertising letters or symbols are placed on an awning or similar structure
attached to a building, that structure is considered to be a sign. Its use and area are limited
as other signs attached to a building facade .
17.4.2 Sign Illumination and Internally Illuminated signs
1 . In this Section the term "Illuminated Sign" applies to both signs that are illuminated by
external light sources and those with internal illumination .
2 . Any sign that is illuminated from any light source other than an internal light source
shall be illuminated by a fully shielded light source or sources, designed and placed in a
manner that :
a. restricts the area of illumination to the sign face;
b . directs light only n a downward manner;
c . precludes the casting of any glare or light from said source beyond the sign face
in any upward direction, horizontally to the side of or to the rear of the sign
structure;
3 . No light shall be cast upward beyond a horizontal plane level with the light source, or
onto any adjoining property.
4 . An illuminated sign or lighting device may not be placed or located as to permit the
beams and illumination to be directed or beamed upon a public street, highway, sidewalk
or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard
or nuisance .
5 . Any illuminated sign or sign-lighting device shall employ only lights emitting a light
of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent,
rotating or moving light or lights .
6 . Illuminated Signs must be turned off at 10 : 00 PM, except at places of entertainment
where they may remain on until 12 : 00 PM . (RM question -- do current gas stations and
stores adhere to this?)
17.4.3 Signs in Any District
Special Town Board Meeting 8
April 23 , 2007
In addition to the types of signs specifically listed in this Section ( 17 .4) , the following
signs are permitted in any zoning district of the Town of Ulysses :
1 . Any sign required by law ;
2 . Official signs required by a governmental agency or utility, provided such sign does
not exceed twenty-four (24) square feet in area;
3 . Temporary signs with a surface area not to exceed 9 square feet, posted by, or with
the permission of, the owner of the property on which the sign is located.
4. One ( 1 ) sign advertising for the sale, hire or lease of only the land or buildings on the
lot or parcel on which the sign is located, provided such sign does not exceed nine (9)
square feet in area;
5 . One ( 1 ) temporary sign denoting the responsible architect, engineer and general
contractor placed on the premises where construction, repair or renovations are in
progress, provided such sign does not exceed nine (9) square feet in area;
6 . One ( 1 ) temporary sign for advertising the sale or rental of services or goods on the
premises, not to exceed nine (9) square feet in area and for a period of time not to exceed
two (2) weeks in a two (2)-month period.
17.4 .4 Business Directional Signs
In any zoning district where business directional signs are allowed :
1 . There shall be no more than two (2) such signs within the Town for any one parcel
occupied by a business or businesses, additional businesses on the same parcel may not
place additional signs . .
2 . No business directional sign shall exceed six (6) square feet per side in area, nor
exceed six (6) feet in height at the top of the sign.
3 . No business directional sign shall be placed less than 500 feet from the intersection at
which prospective customers are being directed to turn off the road or highway along
which said sign is located .
4. All business directional signs shall be designed and constructed to conform to New
York State Department of Transportation specifications, including specifications related
to breakaway sign posts .
Re-number all following sections, starting from 17.4.5 (i. e. current section 17.4.4
becomes 17.4.51
17.4.4- 1 Delete (taken into account as a general statement in new 17 .4 . 1 )
17.4.4-3 Change "both" to "each" .
17.4.5-1 Delete (taken into account as a general statement in new 17 . 4 . 1 )
17.4.5-3 , first sentence, Change "thirty two (32) square feet each" to "twenty-four (24)
square feet . "
17.4.5-3 , second sentence, Change "sixty-four (64) square feet" to "forty-eight (48)
square feet" .
17.4.5-4 , Change to "For retail businesses in a shopping center, no more than one ( 1 )
sign, not to exceed 40 square feet if attached to a building facade" .
17.4.5-3 "shopping center" is not defined elsewhere in the Local Law. Add a definition
in Article 4.2 . "Shopping center - a number of businesses located on single parcel, or
I . 1
Special Town Board Meeting 9
April 23 , 2007
adjacent parcels under single ownership , or in every case, adjacent parcels having shared
access to a public thoroughfare. "
17.4.5-3 Delete "or ten percent of the . . . . . . whichever is greater. "
17.4.5-5 Replace with, "For a sign that identifies a shopping center or plaza, and its
tenants, no more than one ( 1 ) two- sided sign, not to exceed 120 square feet on a side, not
more than fifteen ( 15 ) feet high located at the entrance to the shopping center. "
a
17.4.5-6, Change 32 to 24, Change "freestanding" to "freestanding or affixed to the
building", and Delete the second sentence. Leave in the third sentence
17.4.5-7, Change 32 to 24, Change 80 to 64, and Delete "or ten percent of the . . . . . .
whichever is greater. "
17.4. 5-8, Change 32 to 24 for both free-standing and building façade signs, and Delete
"or ten percent of the . . . . . . whichever is greater. "
Section 17.4. 6 Hamlet
17.4.6- 1 Delete (taken into account as a general statement in new 17 . 4 . 1 )
17.4. 6-4 Change "not to exceed 32 sq ft" to "not to exceed 24 sq ft, or not to exceed 32
sq ft if the sign is in the lintle. "
The Board discussed having Mr. Coogan make all the changes that the Board has made to
the Zoning Law and present those to the Board for review before the next meeting. The
document will have to go to County Planning for a 239 1 & m review and also to Ag and
Markets for their review. It may be possible to finalize all the changes at the May Board
meeting and forward the changes on .
Other Business
Mr. Ellis distributed copies of a resolution that he would like to introduce for the next
meeting. Resolution is a follows :
IMPEACHMENT RESOLUTION
Whereas George W. Bush and Richard B . Cheney have :
1 . deliberately misled the nation about the threat from Iraq in order to justify a
war,
2 . condoned the torture of prisoners in violation of the Geneva Convention and
US law,
3 . approved illegal electronic surveillance of American citizens without a warrant
and,
Whereas these actions have undermined our Constitutional system of government,
damaged the reputation of America, and threatened our national security,
Therefore, the voters of the town of Ulysses call upon the U. S . House of Representatives
to investigate these charges, and if the investigation supports the charges, vote to impeach
George W . Bush and Richard B . Cheney as provided in the Constitution of the United
States of America.
This resolution shall be signed by the Town Clerk and forwarded to both the Speaker and
the Clerk of the US House of Representatives .
Special Town Board Meeting 10
April 23 , 2007
Mr. Austic stated that he does not feel this is a Town Boards job, but should be done by
citizens if they feel that way.
Mr. Ellis disagreed and wants it open for discussion at the next Board meeting.
Ethics Procedures
Ms . Tyler had distributed copies of "ethics procedures" at the last meeting and it was
discussed that the Board may want to compare those to our current document. The Board
will check to see if they all have the current document. t
Grant Application
Ms . Marino said that there has been some discussion at the Planning Board meeting with
Krys Cail about the grant which is money to help towns develop plans for agricultural
production and economical viability for the agricultural industry and the agricultural land
base. Ms . Marino feels this could fit into informing the Comprehensive Plan. Ms . Cail is
very excited about this opportunity and wants to help take the lead on it and so she talked
to the Planning Board and at theirs and Mr. Coogan ' s ' urging it has been shifted to more
the Comprehensive Plan considering it and so Ms . Cail sent an email to Ms . Poelvoorde .
Ms . Marino is just letting the Board know that this is being thought of.
The Board discussed this grant briefly.
Hearing no further business Mr. Austic moved, seconded by Mr. Ellis to adjourn.
Unanimously approved, meeting adjourned at 8 : 55 pm .
Respectfully submitted,
i'
Marsha L. Georgia
Ulysses Town Clerk
MLG : mlg
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