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HomeMy WebLinkAbout2007-11-13 - TB Regular Town Board Meeting 3 11 / 13/2007 The resolution for the negative declaration had not been previously prepared and Ms . Georgia and Attorney Geldenhuys will work on this . Motion to Approve 2008 Budget Mr. Ellis moved, seconded by Mr. Ferrentino the following : BE IT RESOLVED that the Town Board of the Town of Ulysses adopt the Preliminary 2008 Budget. i Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Adopted . Water Study will be discussed at the Comprehensive Plan meeting on November 15 , 2007 . NEW BUSINESS Motion of Support — Economic Development Resolution in support of the County-wide Water and Sewer Evaluation WHEREAS , the Tompkins County Economic Development Strategy' s goals include increasing and diversifying the county' s housing supply and revitalizing the county' s unique commercial districts and town centers ; AND WHEREAS , the Economic Development Collaborative was organized to formalize, strengthen and deepen the cooperation among the many local agencies and municipal bodies addressing economic development issues in the County to make the process more effective through common goals and approach; AND WHEREAS, the Tompkins County Council of Governments (TCCOG) is a member of the Economic Development Collaborative, which is currently working to address the goals of the County' s Economic Development Strategy, AND WHEREAS , the TCCOG supports the development of a county-wide evaluation of water and sewer infrastructure and the development of a conceptual plan of water and sewer infrastructure needs to support future planned growth to meet county housing and economic development goals ; AND WHEREAS , the Economic Development Collaborative has suggested the creation of an updated, county-wide evaluation of existing water and sewer infrastructure and the development of a conceptual plan of water and sewer infrastructure needs to support future planned growth to meet county housing and economic development goals ; AND WHEREAS , the Town of Ulysses is a member of the TCCOG; AND WHEREAS , the last county-wide evaluation of water and sewer infrastructure was completed in 1994 ; AND WHEREAS , an updated evaluation would facilitate the development of housing within town and village centers, commercial revitalization of those centers and growth in the tax base, with the most efficient use of public dollars for infrastructure ; NOW THEREFORE BE IT RESOLVED, that the Town of Ulysses supports the development of a county-wide evaluation of water and sewer infrastructure and the development of a conceptual plan of water and sewer infrastructure needs to support Regular Town Board Meeting 4 11 / 13/2007 future planned growth to meet county housing and economic development goals by an engineering consultant; AND BE IT FURTHER RESOLVED, that the Town of Ulysses pledges to work with the Engineering Consultant to ensure cooperation of its planning and engineering departments with this project. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Adopted. Resolution to iInstitute a Clerk of the Board • Mr. Ellis moved, seconded by Ms . Tyler 1 ) Whereas the Town Board has found it difficult to meet its obligations as executive within the current personnel structure, 2) And these difficulties have been magnified by the failure of the current personnel structure to execute the mar dates of the Town Board leading to the unnecessary demise of the proposed WD#5 , 3) And these difficulties have been evident in the inordinate board time spend and the lengthy duration of the zoning ordinance revision process finally completed in 2005 , but needing immediate revision, 4) And these difficulties have included failures of various types, assorted shortcomings, and wasteful outcomes relative to the engaging of professional services when needed, if ; 5 ) Be it now resolved that the Town of Ulysses will immediately launch a procedure and draft an . I advertisement in compliance with civil service standards seeking an employee to serve as Clerk of the Board, an executive reporting to the full Board in a manner prescribed by the Board and transacting the business of the Board which is per se the business of the Town, 6) Be it further resolved that the funding for this position be a portion of the salary now allocated to the Town Supiervisor in combination with the entire salary now allocated to the Deputy Supervisor, and the portion of the Town Clerk's salary now allocated to taking and publishing Board minutes, details to be settled in the resolution that hires the selected Clerk of the Board candidate, 7) Be it further resolved that after hiring the Clerk of the Board the duties of the Town Supervisor, will be those mandated in Town Law, plus any other duties that may be arranged through discussion and resolutions of the Board, and any transitional duties that may also be arranged, 8) Be it further resolved that a committee of the whole Board will meet weekly for four weeks to settle details, including budget details . Mr. Ellis stated that this position should be between $65 ,000 and $70 ,000 . The Board discussed and Mr. Austic called the vote . . ,i Mr. Austic nay Mr. Ferrentino nay Ms . Tyler nay Mr. Ellis aye Defeated . Ms . Tyler reminded the Board that it is time to review the Attorney' s contract. Ms . Geldenhuys will produce a new contract for review. Regular Town Board Meeting 5 11 / 13/2007 Hearing no further business Mr. Ferrentino moved, seconded by Mr. Austic to adjourn the meeting. Hearing no objection the meeting adjourned at 9 PM. Respectfully submitted, Marsha L. Georgia r Ulysses Town Clerk f MLG: mlg TOWN OF ULYSSES PLANNING BOARD 11 /13/07 Approved 12/04/07 with corrections Present ! Chairrictr-ennTro,o7 . n1 _ __ __ • n - TOWN OF ULYSSES REGULAR TOWN BOARD MEETING November 13 , 2007 Present : Supervisor Douglas Austic ; Town Council , Don Ellis, Rod Ferrentino and Lucia Tyler; Roxanne Marino absent ; Town Clerk Marsha L. Georgia; Deputy Supervisor Richard Coogan; Town Highway Superintendent James Meeker; and Town Attorney Mariette Geldenhuys . f Others Present : Geoffrey Hart and Elizabeth Thomas Supervisor Austic called the meeting to order at 7 : 30 PM and led those assembled in the pledge of Allegiance to the Flag of the United States of America. APPROVAL OF MINUTES Mr. Ellis moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of 8/27/2007 as corrected. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Adopted. Mr. Ellis moved, seconded by Mr. Austic the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of 10/ 16/2007, 10/22/2007, 8/ 14/2007 and 10/09/2007 as presented. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler abstained Mr. Ellis aye Adopted . APPROVAL OF CLAIMS Mr. Ellis moved, seconded by Mr. Ferrentino the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous examined vouchers numbers 41 through 466 in the amount of $46 ,288 . 36 . Mr. Austic aye Mr. Ferrentino aye ( . Ms . Tyler aye Mr. Ellis aye Adopted. Mr. Austic moved, seconded by Mr. Ferrentino the following: BE IT RESOLVED that the Town Board of the Town of Ulysses approve the following 2007 budget modifications : Planning Board 2 11 / 13/07 and showed this to the members . It is heavy on the North ends of the lake. She stated the Cornell farmland is not in the district, apparently there were issues several years ago in including Cornell in this district. She was unsure if it was due to the tax exempt status or other issues . Mr. Means asked what the current tax advantages are for farmers staying in the district. Ms . Teeter stated the tax advantage is slight, if they meet the qualifications you commit to farming for fewer years, in the district you commit to 5 out is 7 years . The biggest protections are nuisance lawsuits and possible protection from municipal restrictions-they can have State Ag. and Markets review for being too restrictive to a farmer. The state division would review and make recommendations etc . If municipal services are extended into the ag. district they have to provide a notice of intent. Mr. Coogan stated when Water District three went through state land, everybody existing at the time was allowed to hook-up . Even though the line runs in front of their property they have to get a waiver from State Ag. and Market to connect with the system . They ended up denying three applications during water district 3 because of this. Ms . Schneider asked what the time frame for this would be, they are going through the Comprehensive Plan process and asked if these activities could overlap each other. Ms . Teeter stated they have a 300 day process. They would like to have recommendations by the end of the year. They can be general areas, the Ag. Board would also review for preliminary findings . There are a lot of steps to this they also have to do a survey. They have until next April . Mr. Wertis stated it was his understanding that as part of the survey they would be able to include several questions for Comp . Plan development. Ms. Teeter stated the law changed so they can do what they want for their survey. They will probable use a similar format but it is a very valuable tool to determine types of operation, gross income and gross value . Mr. Kerness asked if they could get a copy of the survey. Ms . Teeter stated they could. Mr. Kerness asked who would be inputting the questions on the survey. Mr. Wertis stated the grant application was also relevant to this, it would be Sue Poelvoorde the Chair and whoever else is working on the grant process. Mr. Coogan stated it is the owner asking not the Town. Ms. Teeter stated this is true, they work with the owners, they identify parcels according to the Town, they will contact the landowners via letters with deadlines to respond. Then they will go to the Ag. Protection Board for recommendations, it is reviewed by the Planning Advisory Board, all this is in preparation to go to the County Legislation for approval of changes . Mr. Coogan stated area towns would be interested in getting people interested would be district 3 because this allows infill and density. This would allow water hookup . This would be the area, not individual parcels . Ms . Teeter stated this could be an ongoing process, it gets complicated as the process gets further on. She stated she tried to get started earlier to avoid shocking everyone with the time frame. She came last month to speak with a few folks and this starts to back up the time frame thus she would like to get started. Mr. Coogan stated the first step is to look at where services are and to minimize the cost of services pull out any area where development might occur or the Board would like to L ..Z. .. .J ._. ura.a ♦ 1JV1 a l nu1U aucnums r miming g DUa.1U meeting. OLD BUSINESS Zoning Motion to Approve Changes Local Law #3 . I Planning Board 3 11 / 13/07 see developed should be put on the list. He stated the R2 district would be an example. They would want to make sure services could be accessed if they extended water there. Mr. Wertis asked if she had met with the Town Board or members of the Town Board. Mr. Coogan stated she had met with Roxanne, Monica Roth, Scott Sherwood, Heather Hartwell and him . Mr. Wertis asked if the Town Board had made any recommendation to the Town Board. Mr. Coogan stated it would be area to target and get landowners to agree. If an area is presented the landowner is notified . Ms. Teeter agreed and stated if a rational for the removal/addition is given this is helpful. Ms. Schneider stated on Thursday the Comp . Plan was scheduled to be laid out for an overview. This would be the first time she would have a framework of the Comp . Plan she would like more time . Ms . Teeter stated the Ag. Board meets after Thanksgiving. Mr. Wertis asked Mr. Coogan to recap what has been discussed in a written format for their consideration. Mr. Coogan agreed he would do this, in addition would indicate areas that might be considered. Mr. Kerness asked if an applicant made an application for a waiver are these generally approved. Mr. Coogan stated they have had three applications and they have all been denied. t The Town Board has denied these services, a new Town Board may not. { t Ms. Teeter provided pamphlets regarding the Ag. District/Cooperative Extension and thanked the Board for their time before leaving the meeting. Mr. Zeserson stated this would be helpful and scheduled this for an agenda item for the next meeting. Mr. Zeserson stated the next business would be the T-burg Mini Golf project submitted by Michael and Melinda Cirri . He thanked the applicants for the timely submission which allowed the members to review the project prior to the meeting. Mr. Cirri introduced himself and his wife Melinda, Andy Sciarabba is from TG Miller Engineers and Mike May as attorney for David Kline . Mr. Zeserson stated they are trying to do three things with this project he asked Mr. Rachun for clarification regarding this process . Mr. Rachun stated the subdivision is part of the development district they would go in tandem. They would make a decision approve the district, not approve the district, or approve with modifications . Mr. Kerness stated he noted there are specific provisions for DD5 , and he cannot determine the acreage viewed. What he thinks they will end up with is a modification of DD5 . Mr. Rachun stated no, there is not a provision for modifying a DD in the zoning. They will be creating a new development district. It is confusing but they would be creating 2 new districts that have new meets and bounds . Mr. Kerness stated this cleared the matter for him, in addition he offered this is complete application but questioned why the SEQR was completed. Planning Board 4 11 / 13/07 Mr. Rachun stated this was the information the Chair, Mr. Coogan and he requested from the applicant at the initial meeting. The applicant is required to complete Part 1 , the rest of the review is done by the Planning Board. Mr. Kerness stated he does not have the information for the other district. Mr. Rachun stated this was done in the SEQR placed in the boxes . Mr. Kerness stated he does have the information. r 4' Mr. Rachun stated it is the SEQR from Mike May completed for Dave Kline' s portion of this project. The proposal is to keep the DD the same, but he would like it to revert back to the acreage before the August 2005 Zoning Law . He stated these would be done in tandem, the result would be creating two new development districts . Mr. Wertis asked if the development district and subdivision are approved would there be a site plan review process done post approval . Mr. Rachun replied no, the development district follows the same process as site plan review. Mr. Kerness asked if the previous SEQR was available for review. Mr. Rachun stated it was . Mr. Kerness stated he would like this copied for reference. Mr. Zeserson asked if other members had questions . Mr. Wertis stated he was still deliberating not needing site plan review, he noted there are three main areas that need to be addressed. He thought there were other projects where this happened but thought site plan still came in after the projects. Mr. Cirri stated when he wrote the document he reviewed the zoning law. He went through step by step and answered in writing each item. This is the content of the information submitted as his application. Mr. Wertis stated the first question is would this be in compliance with the Comp . Plan. Mr. Cirri stated he did not have a copy at the time he wrote the application thus did not include this. He did come across this and reviewed the Comp . Plan and feels it would satisfy the Comp . Plan for this area. Mr. Rachun stated Commercial 3 indicates this is an eco or tourist oriented zone. Mr. Kerness tasked if this was reflected in the zoning laws. Mr. Coogan replied it is not. Mr. Zeserso i stated that one of their duties is to determine if this is in compliance thus they have determined that this project does comply with the Comp . Plan. Mr. Wertis asked for clarification regarding what criteria they would use for review, he questions regarding specifically had ques g g 3 . 5 .2 . Mr. Rachun stated they would use all of the criteria in 3 . 5 , section 3 . 5 .2 would be used as this falls within the 3 . 5 section. Mr. Zesersoni stated they would go through sections 1 -7 for review. A review of these sections indicated Mr. Cirri had completed these steps . Planning Board 5 11 / 13/07 Ms. Schneider asked in relationship to Stover ' s lumber where this is located. Mr. Cirri stated this is South of the project. Mr. Rachun stated sections 1 -6 are out of site plan review, section 7 is discretionary. This is a discretionary action and there is no time line . Ms . Schneider asked how they would review for traffic , would there be more accidents, etc . Mr. Rachun stated if they feel this warrants a traffic study, the Board could request this. The DOT would play a big part of this, especially since they issue curb cut permits, they would review this as well . Mr. Sciarabba stated they had met with DOT agents in the Cortland office, DOT ruled out two driveways thus they have one on the plan. They stated at that meeting there were no other major concerns . This is below the commercial thresholds which is 100 vehicles per hour they are estimating 25 per hour thus they are below the threshold. The DOT would be involved with the SEQR process as an involved agency. He stated he is a resident of Trumansburg and travels this road he does not find this to be a major issue. Ms . Schneider asked about allowing for vehicles entering the highway to have areas to build up speed as the speed limit there is 55 mph. Mr. Sciarabba stated if she meant widening highways these were not in the plans . As he stated he has traveled this road and has not experienced any problems similar to this. Mr. Kerness asked if he had any documentation for this meeting with DOT. Mr. Sciarabba stated he did not it was all verbal . Mr. Zeserson noted that the first phase of this project would be for the golf course, ultimately they would consider for the extended phases which include the go-kart track, and other expansions . He stated the next step is approval, obviously the Board is not at this point so he offered to go around the table for each members questions. Mr. Kerness stated in the context he likes what he sees, but then he reviewed the Design Standards and questions came up . He is specifically concerned with 17. 2, 17. 3 and 17. 5 . Mr. Rachun stated under any circumstance they should meet applicable requirements under the design standards . Theoretically they can operate outside of that because this is a whole new zone. Any standards applicable should be applied. Mr. Wertis stated when they write the district the specifics become the design standards, unless someone writes an area for family entertainment. Mr. Rachun stated he wanted to make sure all members are aware a development district is activity and site specific . What activities, how it looks are all built into the plan. They can give leeway i . e . the building can be within 10%, the golf course will be built as presented. Mr. Wertis asked who actually writes the specifics . Mr. Rachun stated the applicant would write the specifics . This Board would edit and present the final to the Town Board. The Town Board would review and they will approve or deny the project. They have stated to the Planning Board this is a viable plan please review and make recommendations, etc . He stated, Mariette, Town Attorney would be the final step, she would edit and change the format as needed into legal language. Mr. Wertis stated that part of their job would be to review, lighting-okay, noise-okay. Planning Board 6 11 / 13/07 Mr. Rachun stated they would review this against the material submitted, the problem with the current zoning which may change tonight is the parking design standard. It is an albatross the amounts of parking required are enormous. Mr. Means asked how they got around this with the Kinney project. Mr. Rachun stated they got a variance, if you look at the other pharmacy it is a sea of blacktop which is not good for business or the environment. Mr. Means asked regarding the stormwater management plan would this be for the whole project or just phase one . Mr. Sciarabba replied that the phase one would disturb more than one acre thus they are required to have a stormwater plan. They have planned for phase one and are allowing for expansion of jthis plan with phase two and phase three. They would have a filtration system that includes retention areas that would essentially always be dry basins . The parking lot isi gravel which is impervious thus would prevent runoff. Mr. Means stated with the gravel lot and the way it is constructed the system would probably never be used but he agreed it had to be there, he is concerned with how deep the basins would be. Mr. Sciarabba stated they would have two components with 6 inch shallow bio-retention filter, a water pond with sand with temporary holding basin. They would probably 2-3 feet but they would predominantly dry. They are not designed to hold water for more than 24-48 hours . Mr. Wertis asked where this would drain. Mr. Sciarabba stated ultimately it would drain into the highway swales . This plan is for the first phase as they progress they would expand on the stormwater plan, they have allowed for expansion of this plan. Ms . Schneider asked regarding the go-karts what plans are being made for possible runoff of gas, oil, etc from the go-karts. Could they put in a requirement for a more advance plan. Mr. Zeserson noted they would be using electric go-karts thus this would eliminate the gas and oil problem . Mr. Sciarabba stated the run-off from the pavement area would be salts and sand not the heavy vehicle type runoff. Mr. Rachun stated the electric carts should meet the design standards for noise as well. Mr. Wertis asked who would compile the checklist for items he has questions different from lighting and sound . He does not understand if the Board writes this or someone else . Mr. Zeserson stated he is also confused but ultimately based on discussion a resolution accepting, rejecting or accepting with modifications would be made and voted on. It could be a very lengthy resolution, he is asking procedural questions they are discussing tonight would there be another meeting, and how do they proceed. Mr. Rachun ,stated they just keep asking questions, all meetings are open meetings but they could schedule another meeting. Mr. Kerness, stated he still has concerns regarding section 17 . 3 ; the application does not address any of this . It addresses parking areas and having trees on the site. Mr. Sciarabba stated there are islands planted with trees in the parking areas . Mr. Rachuni reiterated the parking area zoning will probably change . Planning Board 7 11 / 13/07 Ms . Schneider stated she feels they did a good job with the Kinney project making it more indicative to the community. She wondered if this Board could require a buffer area along the roadway. Mr. Rachun stated they can but the applicant is providing a golf course that provides unique features, it is best for them to not hide it. They did speak about the aesthetics of the building and along the corridor stretch. These aesthetics they are incorporating improve their business . It is a give and take situation. Ms . Schneider stated she appreciates this, but wonders if the buffer would also help block some of the noise on the golf course, do they have this right. Mr. Rachun stated it is a discretionary action, they can do what they like. Mr. Zeserson asked the applicant if this was a requirement what their reaction would be. Mr. Cirri stated this would be difficult as they designed the golf course with fountains, and waterfalls that would be a draw to people for business . The course is heavily landscaped there are not pirates or pirate ships . This would be a newer style with flowing greens vs . the wooden structured courses . Their thrust is for this to be a truly landscaped golf course reflective of this area. Mr. Wertis asked if they would feel comfortable with a clause that they are required to have landscaping/decor of the golf course and general grounds be consistent in scale with a scale and type found in the Town of Ulysses . Then they would not have a giant palm tree or such. Mr. Cirri stated he had a conference call with a builder and a landscaper to find out what type of shrubs and trees would work best in this environment and this zone . There are areas they would like tall trees, they would like shade and have some ornamental grasses . They want to keep the sight distance from the road for the fountains and waterfalls. They specifically designed the course so the waterfall would be viewed by traffic driving north. Mr. Wertis stated the plants would be true plants not plastic, what about artificial turf Mr. Cirri stated the courses would be artificial turf but the landscaping would be all live plants, shrubs, and trees . Mr. Means stated this Board tries to cover everything, and then something comes up such as color, signs and try to not let this happen. Mr. Cirri stated they have not stated specifics but have scoped out having a lighted sign, with their logo and allow for letters to indicate events, i . e . Happy Birthday Bobby. Their initial plan is to have the signs be 2 -3 feet high. Mr. Sciarabba stated that is why screening along the road would not be conducive to their business plan. They do not plan on having large signs thus they need to have the course sell itself as people are driving by. Mr. Rachun asked what the rational was by having the parking in front vs. along the side. Mr. Cirri stated it was due to the slope of the land, the flatter part of the land is in front. They want the course to have a grade of at least 10 feet, the slopes would alleviate having to move a lot of extra soil to get the grades they want for the courses they have planned. This would allow them to keep their costs down as well. They picked the North end as that is the furthest from any residential area for the go-karts . They have the three acres closest to the residential not developed . Ms . Schneider asked regarding the proposed well, do they have any sense of what the influence rate would be to the neighbors . Planning Board 8 11 / 13/07 Mr. Sciarabba stated it would be small, they would not be drawing a lot of water. The water would not be flowing all the time. They would have the initial ponds filled with water brought in. It would be for a couple of bathrooms. They do not see any impact on the neighbori' s wells but this would be evaluated as well by the Health Department. Mr. Wertis questioned the building on the cover of the application, would these reflect the type of gazebo/building on this site. Mr. Cirri stated it is not the building planned would be a pavilion with a pitched roof He ti described a new farm stand on Route 227 that had just opened recently. It would be similar to this. Mr. Schneider asked about a restaurant area. Mr. Cirri stated they are not planning any food area that would require health department permits . They would like to work with an area pizzeria that could offer pizza with a heat lamp, vending machines and similar type arrangements . They do not want anything onsite they would have to prepare . Mr. Wertis asked what the cost would be for his partner and 2 . 5 children. Mr. Cirri stated they are planning on $ 5 . 50 per person with a discount for 10 and under. They would also offer a multi-game pass. Mr. Wertis asked about the hours of operation, he noted there are minimum periods . Mr. Cirri stated if they have days like last December where they get a 70 degree day they would like to open. The hours would not go beyond what they have listed. The last round would be 10 pm thus they would be closed by 11 pm. Mr. Wertis stated this would be one item they could list as a requirement. He asked if Robin could maintain this list. Mr. Means asked about cars accelerating out of the driveway kicking up gravel. He stated it might be advantageous to extend the blacktop further into the parking lot to alleviate this. Mr. Rachun asked if they had considered a grass mat driveway. It is a mesh that holds flat to the ground but allows grass to grow, these drain well they are handicapped accessible and would help prevent dust. The Sheldrake winery has this type of driveway. Mr. Wertis stated he understands this is a total application, but wondered if they would come back during phase 2 and phase 3 . Mr. Kerness stated it was a given they would come back. Mr. Cirri stated they would like approval for phase one, and if there are significant changes to phase 2 and phase 3 they receive approval now. They do not want to have to reapply fora new development district for phase 2 and phase 3 . Mr. Kerness stated he would have to have a lot more information to even consider that. Ms . Schneider stated she has concerns approving phase 2 and 3 without further information especially related to stormwater plans etc . Mr. Rachun 'stated during the meeting it was indicated that with a development district everything has to be redone and it is discretionary. He asked at the initial meeting if they did approve phase 2 and phase 3 would he go ahead with phase 1 and the applicant stated he would not. They could approve phase 1 layout, then require site plan review for phase 2 and phase 3 or ask for everything right now. Planning Board 9 11 / 13/07 Mr. Means asked if they could ask for revision of the driveway in phase 2 if it is approved in phase 1 . Hopefully, they could get it right the first time but if they received complaints would this be an option. Mr. Rachun stated to be fair to the Planning Board they need all the information in front of them to say yes, to be fair to the Developer they can say no . If only part is approved and the rest is approved it is disaster to the developer. The question in front is what can be done to ensure it is done the way the Planning Board thinks it should be done and what can be done to secure the applicant. Initially, it was to present a detailed site plan, he has spent a lot of money on an engineered project application. They have enough to approve phase 1 then require site plan for phase 2 and phase 3 . Mr. Zeserson stated they cannot predict the future but once phase 1 is approved, then phase 2 could come back in two years for review, he liked this plan. Mr. Wertis asked what future site plans would be held under. Would it be commercial development or development district. Mr. Rachun replied they could specify this . Mr. Kerness stated everything written regarding go-karts and he does not feel comfortable making decisions with the information on hand. If they go to the public and state they have approved this with the information they have there will be problems. Mr. Rachun stated they could ask for all the information or require site plan review. They would have the authority to accept, deny or modify the plan at that time. Mr. Zeserson stated he feels the golf course plan is complete, he thinks it is asking for too much to ask for specifics on a go-kart track that may or may not happen. The public interest is protected by requiring the site plan review. They could require electric carts, hours of operation be limited, etc . at that time . They would still have the ability to approve or deny and he feels this is a fair process yet protects the public interest. Mr. Kerness agreed these conditions would be acceptable. Mr. Cirri verified that the development district would still be authorized to build the go- kart track later. Mr. Rachun stated the plan would be approved as presented. Prior to construction they would have to present the plan for site plan review and approval . Ms. Schneider asked what the smoothie bar would entail . Mr. Cirri stated they have considered this, they would like to offer refreshments but again are not sure . They would be addressing these issues later. Ms. Schneider asked about fertilizer or pesticides, would they use golf course standards for control of these issues . Mr. Sciarabba stated they would use some however it would be minimal and go into the absorption system. They cannot discharge a fast rate of runoff, they would have to get approval from DOT, they cannot impact the swale . Mr. Rachun stated they would not use golf course standards, this is not a true golf course, those standards are extensive and would require a licensed applicator. Mr. Sciarabba stated they would not be dumping the pools into the swales . They may have to dump the pools once a year but it would be dumped gradually and regulated. Mr. Rachun stated an item to keep in mind is these fields have been fully utilized with pesticides, herbicides and insecticides for several years . Planning Board 10 11 / 13/07 Mr. Zesersoil stated they have one more meeting before the end of the year. He would like to have this meeting to ask additional questions and hopefully make a decision so the applicant can have a decision. Mr. Kerness asked if they could draft a timeline to get perspective on the project. Mr. Zesersori asked the applicant what their goal to start building would be . Mr. Cirri stated they would like to start in April or May. It still has to go to the Town Board and they still have to close on the property. Mr. Kerness stated they also have to review Mr. Kline ' s project these go hand in hand. Mr. Coogan ;stated they have a working meeting scheduled the first Tuesday of every month. Mr. Zesersori stated he and Mr. Kerness would not be able to attend. Ms. Schneider stated she would not be able to attend either. Mr. Wertis noted that although there might not be a quorum as long as no decision was made this should not be a problem . A discussion of the applicants schedule and the Boards schedule resulted in the following. The decision to have working meeting December 4, 2007 was made. All questions for those who cannot attend that night should be directed to Ms . Carlisle Peck, she will compile the questions and answers from that night into a recap to be mailed to all member as quickly as possible . Mr. Zesersori stated he could work with Mr. Rachun after that to compile a draft of the developments district resolution to present at the December 18th, 2007 meeting. Mr. Wertis asked about the SEQR and public hearing process, he inquired if this Board would hold al hearing as well as the Board. A general vote was taken around the table, the members voted it would be redundant for the Planning Board and the Town Board to hold a public hearing The decision was made to not hold a ;public hearing. A general vote was taken around the table, the members voted to complete the SEQR for their own reference in regards to this project. Mr. Coogan stated if the members use email for questions they cannot get a thread of discussion started. They can have a contact and send the information but he wanted to make the members aware a thread like this could constitute quorum and create problems later. Mr. Zesersori appreciated Mr. Coogan ' s information, as was agreed all questions are to be sent to Robin at rjcp019@aol . com. She will compile the questions and email the questions and answers to members as quickly as possible for follow-up discussion at the December 18th meeting. Mr. Kerness asked if after the December 4th meeting would the applicant ' s be given this information. Mr. Coogan reiterated all meetings are open to the public and they are entitled to this information. Mr. Kerness stated it seemed very standard to review the standards and he could not see the trees, he asked for a detailed landscaping plan. Planning Board 11 11 / 13/07 Mr. Cirri stated they could provide this . Mr. Kerness questioned which design standards would apply, he questioned 17 .2, 17. 3 and 17 . 5 , 17 . 13 and 17 . 15 . The review concluded Several areas i . e . 17 . 13 (roadside stands) and 17. 15 (multiple residences) were not applicable. Mr. Rachun stated the members have to remember it is very specific, if they want to replace a tree with a dinosaur this would have to presented . They get that detailed, he suggested they may want to include as presented in the illustration. He has to approve this all of this information helps him in the permit processing. Any built environment should be put on the site plan . Ms. Schneider stated at the last stormwater meeting it was addressed where wastewater from large pools would be going due to chlorine etc . This is being looked at in the future as a big issue. She just wanted to make the applicants aware of this. Mr. Rachun noted the pools would be shallow otherwise they would need fences . Mr. Kerness asked if they had to extend this 30 days what would happen. Mr. Cirri stated it would hurt them enormously if they have to keep extending this project. Mr. Rachun stated if all goes well and this goes to the Town Board for the January meeting it is essentially a procedure meeting. They would have the public hearing they could set the hearing within 15 days . The Town Board would do the SEQR and could possibly make a decision that night. A brief discussion regarding the SEQR process and thresholds was held. Mr. Rachun discussed procedures etc . Mr. Kerness asked about the Kline project who would review this . He asked if the original SEQR had any problems . Mr. Rachun stated the original was only 3 acres and was a Type 1 action, a Type 1 is more than 10 acres, none of the thresholds were met. He stated the SEQR is not the place to address issues with the Kline project. Mr. Kerness stated the only information they have on the Kline project is the zoning and the SEQR completed by Mike May, what else they have to do, need to know to complete this review. Mr. Rachun indicated that the issue he has with Kline ' s is there are tractor trailers parked in front. He has asked for these to be removed, the owner would like them to be removed. The tenant has refused, they are necessary for his business . He has asked him to park them on the side, this does not happen . He receives comments and they are an eyesore. These are not built structures thus he is limited as to what he can do they are transportation issue. These are issues that come up when the specifics of the site are not • tight. Mr. Kerness confirmed the Town Board would hold a public hearing for the Kline Property and the Cirri Project . Mr. Rachun replied yes, these projects run tandem to each other. This project would need to be reviewed and a resolution drafted for this as well . Mr. May stated in consideration of the issues presented he would like to state that Mr. Kline is trying to evict the resident due to issues related to the tractor trailers and Planning Board 12 11 / 13/07 miscellaneous other difficulties . The contract with Mr. Cirri is contingent on Mr. Kline ' s district remaining as it is . Mr. Kerness stated he does not believe they will get negative comments regarding the Cirri project but foresees difficulty for the Kline project. Mr. Rachun stated this could be dealt with during the district specifications. They could restrict trailers from the site . He has been asked by the owner to get the tractor trailers off the site. Mr. Zeserson thanked the applicants for coming, he stated they would have the next meetings on December 4 and December 18 . Ms. Carlisle Peck stated they have minutes from August 21St, September 7th and the October 16th meetings . Mr. Wertis stated he had issues with the minutes and had edits but did not have them available for this meeting. He did not have a chance to prepare them for tonight ' s meeting. Mr. Means made the MOTION to accept with Mr. Wertis ' corrections, Mr. Zeserson seconded the MOTION. The vote was taken to APPROVE and accept the corrections provided by Mr. Wertis was unanimous . Mr. Zeserson adjourned the meeting at 9 : 35 pm. Respectfully submitted, Robin Carlisle Peck Secretary 11 / 17/07 Follow up needed for December meetings Mr. Coogan-Written content for Ag. District with possible areas to change Previous SEQR for Kline Development District Cirri , et al-Detailed landscaping plans . Stormwater details Natural buffers, could they be utilized. Information regarding disposal of water. Blacktop extension or grass mat driveway to alleviate gravel being displaced Planning Board members- Email questions to Robin if unable to attend December 4th meeting. Mr. Zeserson/Mr. Rachun-draft the Development District resolution for December 18th meeting after the December 4th working session. Bullet Points) for Resolution to date Cirri- Hours of operation