HomeMy WebLinkAbout2007-12-18 - PB TOWN OF ULYSSES
PLANNING BOARD
12/18/07
Approved 01/15/08
Present: Chairperson Ken Zeserson, Planning Board Members : David Kerness,
David Means, Darien Simon, John Wertis, Deputy Supervisor Dick Coogan.
Excused : Rebecca Schneider
Absent : Rod Porter
Applicants : Michael and Melinda Cirri, Mike May-attorney for David Kline
Mr. Zeserson stated he would like to present a schedule the Board presented to the Town
Board last week. It is hopeful this will make the process work as fast as possible.
The meeting tonight will review the material requested and provided by the applicants .
The second step for tonight ' s meeting will be to get through the SEQR process. Mr.
Kerness has done a good job of preparing a draft to get the design standards. He has
information on decibel levels . If this is done the Planning Board will prepare a resolution
and present it to the Town Board . The date they would like to have this to the Town
Board would be February 12th, the Town Board would schedule a public hearing no
sooner than February 19th . Once this is done they could review for final decision on
March 11th, 2008 . This is a very tentative schedule however it was presented and
approved as a workable schedule by the Town Board.
Mr. Zeserson asked Mr. Kerness to present his information.
Mr. Kerness stated he took the information and made room for changes, markups
regarding the development district. He also presented various studies done regarding
noise levels for go karts .
The meeting continued an extensive review of the document as prepared by Mr. Kerness.
A discussion was held regarding each area. The applicant and the Board members
ultimately agreed on the following as a draft of the design standards for the Family
Entertainment Center (Michael and Melinda Cirri) .
Mr. Kerness presented various studies done regarding noise levels for go karts .
Mr. May presented the metes and bounds to be incorporated into the development district
area portion.
Development District No. 11 — Family Entertainment Center-
Michael & Melinda Cirri
16.3 . 11 (a) Allowed Uses
The purposes for which the district may be used are as follows :
1 . Family Entertainment Center including the following activities :
a. Two eighteen ( 18 ) hole miniature golf,
b . Seven (7) batting cage complex,
c . Ten ( 10) operating electric go carts at any one time,
d. Six (6) outdoor trampoline pits,
e. Corn maze < 4 acres,
f. Indoor arcade game center,
g. Picnic/playground area with covered outdoor pavilion.
2 . Retail sales of clothing, promotional merchandise, and sports gear.
3 . Retail sales of non prepared food items over the counter.
4. Prepared food items if permits are obtained from the necessary agencies . Town Board
review required to assure all permits are obtained.
16.3 . 11 (b) Diistrict Area and Boundaries
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ulysses, County of
Tompkins, and State of New York, and being part of Military Lot Nos. 8 and 14 in said
Town, more particularly bounded and described as follows :
BEGINNING at a point in the southwesterly line of New York State Route 96 (Ithaca-
Trumansburg Turnpike) , said point being located South 61 ° 15 ' 35 " West a distance of 1
approximately 33 feet from a point in the center line of said New York State Route 96
that is located northwesterly measured along said center line a tie measurement of
1 , 731 . 66 feet, more or less, from the point of intersection of said center line with the
center line of Cold Springs Road;
Thence South 61 ° 15 ' 35 " West (passing through a point marked by an iron pin at 9 feet
and through a point marked by another iron pin an additional 531 . 60 feet) a total distance
of approximately 578 . 10 feet to a point that is on the "approx . location zoning boundary"
as labeled on la survey map entitled "SURVEY MAP SHOWING LANDS OF DAVID G.
KLINE LOCATED ON NYS RTE. 96, TOWN OF ULYSSES , TOMPKINS COUNTY,
NEW YORK" completed by T. G. Miller, P . C . , Engineers & Surveyors, dated 5/21 /07;
Thence in a northwesterly direction on a line labeled "approx . location zoning boundary"
on the aforementioned map, said line being parallel with the southwesterly line of said
New York State Route 96 a distance of approximately 1 ,237 . 5 feet to a point marked by
an iron pin at the northwesterly corner of premises of Kline and being located in the
southerly boundary line of premises reputedly owned by Stover as shown by instrument
recorded in the Tompkins County Clerk' s Office as Instrument No . 1146394-001 ;
Thence South 81 ° 21 ' 38 " East (passing through a point marked by an iron pin at 716 . 80
feet) a total distance of 733 . 72 to a point in the southwesterly highway line of said New
York State Route 96 ;
Thence South 34° 34 ' 17" East along the southwesterly highway line of New York State
Route 96 a distance of 845 . 77 feet to the point and place of beginning.
16.3 . 11 (c) Business Hours
Business Hours shall be limited to the following :
9 : 00 am to 11 : 00 pm Monday, Tuesday, Wednesday, Thursday and Sunday; 9 : 00 am to
12 : 00 am Friday and Saturday. All sales are to cease on hour prior to closing time with
exception of the go cart track to start operation at 10 : 00 am and cease at 11 : 00 pm.
16.3 . 11 (d) Yards
Yards shall conform to Article XVII Section 17 . 2 . 1 .
16.3 . 11 (e) Noise
Noise shall conform to Article XVII Section 17 . 2 .2 with the following restriction:
a. Go carts 75 dbs measured at the property boundary with a maximum of 10 carts
operating at full throttle. Go carts operating hours as specified in Section 16 . 3 . 11 (c)
and for all other hours at 55 dbs .
b . Overall noise restriction for the total complex shall not exceed 90 dbs measured at
the boundary; of the property, and shall be governed by the standard Article XVII
Section 17 .2 .2 .
16.3 . 11 (f) Odors
Odors shall conform to Article XVII Section 17 . 2 . 3
16.3 . 11 (g) Parking
Standards for Parking
a. Minimum requirements for off-street parking:
1 . Miniature golf-2 spaces per golf hole (2x36=72)
2 . Batting cages complex-3 spaces back batting cage station (3x7=21 )
3 . Go cart track-2 spaces per each go cart in operation (2x10=20)
b . Parking Design Standards shall conform to Article XVII 17 . 3 .2 .
16.3. 11 (h) Signs
a. One self-illuminating sign not to exceed 24 square feet, referring to the use of the
premises, is authorized. The bottom of said sign shall not be not more than five feet from
the ground. In the event that a self-illuminating sign is not available or deemed
unfeasible, the light source used to illuminate said sign shall meet all specifications in
Article XVII, Section 4. 1 .
b . Two business directional signs subject to the standards set forth in Article XVII,
Section 4 . 3 .
16.3. 11 (i) Outdoor Lighting
a. Security lighting for the building and throughout the premises shall be at a minimum of
. 5 foot candles.
b . All outdoor lighting shall comply with Article XVII Section 17 . 5 during operating
hours per Section 16 . 3 . 11 (c) . A maximum of . 2 foot candles at the property boundary
during operating section 16 . 3 . 11 (c) .
16.3. 11 (j) Vegetative Buffers
The existing vegetative buffers (trees and hedgerows) to the North and West boundaries
shall be materially maintained.
16.3 . 11 (k) Construction
The following have been reviewed as approved construction pending proper permits as
applicable.
a. Miniature Golf course, 18 holes, 25 , 000 square feet,
b . Electric go cart track for maximum of 10 carts operating,
c . Batting cage complex maximum of 7 positions,
d. Second miniature golf course, 18 holes, 25 , 000 square feet,
e. 1 , 500 square foot single level building to support operations,
f. 450 Square foot pavilion,
g. 1 ,250 square foot storage shed,
h. Two (2) 150 square foot gazebos,
i . 3 , 000 square foot playground and picnic area.
Mr. Zeserson stated the next piece of this project would be to review the Kline portion of
this property. The applicant would like to have this district revert to the description in the
previous zoning ordinance (August 2005 ) .
Mr. May provided the metes and bounds for this district .
Mr. Wertis stated he had done a review of the district with Mr. Coogan and Mr. Rachun.
They noted there are tractor trailers being used as storage, this is not allowed in the
district specifications .
Mr. May stated they have issued a summons to Mr. Hammond removed from the
premises . Mr. Hammond states he needs these for his business. Mr. Kline does not want
these on his properties as he and the Town has received many complaints .
A review of the district was done by the members. A discussion regarding the questions
of farm equipment tractors not being classified as vehicles was held. The decision to
incorporate this into the development district was made.
The members reviewed the allowed uses and specification which resulted in the
following draft of the development district.
Development District No. 5 — Automobile Business —David Kline
(Formerly Development District No . 9, created February 14, 1984, amended May 31 ,
1984, October 10, 1090, June 19, 1997, and October, 1 , 1998)
(Formerly Development District No . 5 , amended August 2005)
16.3 .5 (a) Allowed Uses
The purposes for which the district may be used are as follows :
1 . Automobile, farm equipment and truck repairs, including all types of mechanical, body
and interior work.
2 . New York State motor vehicle inspections .
3 . Retail sales of automotive, farm equipment and truck parts, both new and used, and
automotive-related items such as paint, oil, tires, rims, tools, gas cans, jacks, etc .
4. Retail sales of new and used vehicles, including exterior display of vehicles for sale.
5 . The construction of an addition to the existing garage on the premises approximately
24 ' x 42 ' for a retail store and work space .
6 . A custom cabinet, furniture and woodworking shop and related accessory sales uses
per amendment adopted October 1 , 1998 .
7 . The construction of any other buildings within the Development District hereinafter
described shall be considered an additional and further use for which an application shall
be made to the Town Board pursuant to Article III, Section 3 . 6 .
16.3.5 (b) District Areas and Boundaries
The area of said district shall be 1 , 750 feet along the west side of State Highway Route
96 , with a depth of 500 feet, bounded and described as follows :
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ulysses, County of
Tompkins, and State of New York, and being part of Military Lot Nos . 8 and 14 in said
Town, more particularly bounded and described as follows :
BEGINNING at a point in the southwesterly line of New York State Route 96 (Ithaca-
Trumansburg Turnpike) that is located South 57° 22 ' 46" West a distance of 33 feet from
a point in the center line of said New York State Route 96 that is located northwesterly
measured along the center of the line of New York State Route 96 a tie measurement of
1 ,312 feet, more or less, from the intersection of said center line with the center line of
Cold Springs Road .
Thence North 35° 17 ' 27" West along the southwesterly highway line of New York State
Route 96 a distance of 419 . 66 feet to a point;
Thence South 61 ° 15 ' 35 " West (passing through a point marked by an iron pin at 9 feet
and passing through a point marked by another iron pin an additional 531 . 60 feet) a total
distance of 578 . 10 feet to the point of intersection with the line labeled "approx. location
zoning boundary" as shown on a survey map entitled "SURVEY MAP SHOWING
LANDS OF DAVID G. KLINE, LOCATED ON N.Y. S . RTE. 96, TOWN OF
ULYSSES , TOMPKINS COUNTY, NEW YORK" completed by T . G. Miller P . C . ,
Engineers, & Surveyors, dated 5/21 /2007 ;
Thence in a southeasterly direction on a line labeled "approx . location zoning boundary",
which line is parallel with the southwesterly highway line of New York State Route 96 a
distance of approximately 53 . 12 feet to a point in the northerly line of premises reputedly
owned by Murray as shown by instrument recorded in the Tompkins County Clerk ' s
Office as instrument No . 456001 -001 ;
Thence South 86° 14 ' 38 " East a distance of approximately 18 . 7 feet to a point marked by
an iron pin;
Thence North 57°22 ' 46" East a distance of 218 . 70 feet to a point marked by an iron pin;
Thence South 35°08 ' 38 " East a distance of 100. 13 feet to a point marked by an iron pin;
Thence North 57° 22 ' 46" East (passing through a point marked by an iron pin at 124. 88
feet) a total distance of 140. 88 feet to the point and place of beginning, labeled as
PARCEL B on the aforementioned survey map and being that portion of Parcel B
currently located in Development District No 5 . as shown on the aforementioned survey
map .
16.3 .5(c) District Specifications
Vehicles for sale shall not be parked or displayed closer than 75 feet from the paved edge
of the highway, and shall be confined to an area within the Development District,
measured along State Highway Route 96, no longer than 500 feet from the southernmost
and northernmost vehicle so displayed.
All inoperative motor vehicles or vehicles under repair, parts and bulk supplies shall be
kept in an enclosed structure; there shall be no outside storage or display of any parts,
supplies or materials .
The entire district shall be kept free and clear of all litter and maintained in a neat and
orderly manner.
Off-street parking shall be provided adjacent to all structures as specified in Article XVII,
Section 17 . 3 .
The provisions of Article XVII, Section 17 . 13 shall apply to this Development District.
Mr. Zeserson stated the next step would be to complete the SEQR process for each of the
development districts . The members were all given the documents completed by the
applicants .
Mr. Wertis noted on the Cirri Development District it incorporated the entire property.
It was his understanding only a portion of the property was the actual development
district.
Mr. Coogan agreed that was correct. The application would need to be adjusted to reflect
only the portion of the property that is in the development district.
Mr. Cirri agreed he would amend the document and submit it immediately.
Mr. Zeserson stated they would continue with the understanding they are using the
development district boundary only for the SEQR process .
The members continued the SEQR process the questions were answered as follows :
Impact on Land
1 . Yes, all designated Small to Moderate impacts .
2 . No
Impact on Water
3 . No
4 . No
5 . Yes, all designated Small to Moderate impacts .
6 . Yes, all designated Small to Moderate impacts .
Impact on Air
7 . Yes, all designated Small to Moderate impacts .
8 . No
9 . No
Impact on Agricultural Land Resources
10. No
Impact on Aesthetic Resources
11 . Yes, all designated Small to Moderate impacts .
Impact on Historic and Archaeological Resources
12 . No
13 . No
Impact on Critical Environment Areas
14 . No
Impact on Transportation
15 . No
Impact on Energy
16 . No
Noise and Odor Impact
17 . No
Impact on Public Health
18 . No
Impact on Growth and Character of Community or Neighborhood
19. No
20 . Yes, There has been no public controversy to date. The 1999 Comprehensive Plan
survey identified this parcel as a target for commercial development that would bolster
tourism in the Route 96 corridor. This facility will satisfy this need.
The Board declared a Negative Declaration for the SEQR on the Family Entertainment
Center (Michael and Melinda Cirri) development district.
Mr. Zeserson stated they needed to complete this for the Kline development district.
The members were given the completed portion of Part 1 done by the applicant.
The members continued the SEQR process the questions were answered as follows :
Impact on Land
1 . No
2 . No
Impact on Water
3 . No
4. No
5 . No
6 . No
Impact on Air
7. Yes, all designated Small to Moderate impacts.
8 . No
9 . No
Impact on Agricultural Land Resources
10 . No
Impact on Aesthetic Resources
11 . Yes, all designated Small to Moderate impacts.
Impact on Historic and Archaeological Resources
12 . No
13 . No
Impact on Critical Environment Areas
14 . No
Impact on Transportation
15 . No
Impact on Energy
16 . No
Noise and Odor Impact
17 . No
Impact on Public Health
18 . No
Impact on Growth and Character of Community or Neighborhood
19 . No
20. No
The Board declared a Negative Declaration for the SEQR on the Kline Development
District.
The documents were reviewed and accepted by the members . The members asked Ms .
Carlisle Peck to prepare the documents and send it to the members for review.
A discussion regarding the process to complete this for a vote prior to the end of the year
was held . It was decided it would be acceptable to hold the meeting on Friday, December
28th at 8 : 00 a.m.
Mr. Zeserson stated once he has the document he would be willing to work with
Mr. Coogan to draft the resolution .
The members agreed this would be a workable plan.
Mr. Coogan stated it would give him enough time to post the legal notices.
Mr. Zeserson asked Ms . Carlisle Peck to contact Ms . Schneider and Mr. Porter to confirm
they can attend. It is necessary for the members to be in attendance to maintain quorum.
Ms . Carlisle Peck stated she would contact them as soon as possible.
Mr. Zeserson asked Mr. Coogan for clarification on the process from here.
Mr. Coogan stated the Planning Board would meet and approve/disapprove the resolution
presented at the December 28th meeting. The resolution with recommendations would be
presented to the Town Board. The Town Attorney, Mariette, will be given the document
for review, edits etc . The Town Board will be responsible for holding the Public Hearing
and SEQR hearing.
Mr. Means stated the minutes of December 4th needed to be approved.
Mr. Means MADE the MOTION to accept the minutes , Mr. Kerness SECONDED the
MOTION. The vote was taken, the minutes were approved unanimously.
Mr. Zeserson adjourned the meeting at 10 : 55 p .m .
Respectfully submitted,
Robin Carlisle Peck
Secretary
12/27/07