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HomeMy WebLinkAbout2009-08-27 - PH TOWN OF ULYSSES PUBLIC HEARING AUGUST 27 , 2009 PRESENT : Supervisor Douglas Austic ; Council David Kerness, Elizabeth Thomas and Lucia Tyler; Rod Ferrentino Absent; Town Clerk Marsha L. Georgia. Others Present : Code Enforcement Officer Alex Rachun ; Scott Sherwood; Rod Hawkes ; Harry Weber Sr. ; Harry Weber Jr. ; Budd Stover; Michael Cirri ; Robin Carlisle Peck; William Hughes ; and David Lucas . Supervisor Austic called the hearing to order at 6 : 30 pm . Proof of publication was furnished . All in attendance has previously seen Mr. Sherwood ' s presentation. Mr. Sherwood reserved the right to present his presentation if there are late arrivals that have not seen the presentation. Mr. Austic read the following into the record: Development District 1 ; Spruce Row Campsite (Formerly Development District 1 , as amended October 8 , 1991 , June 2009) 16.3. 1 (a) Allowed uses The purposes for which the district may be used are as follows : 1 . The site plan as listed on the map dated June 2009 for this district is listed as a legal and conforming use . Any future buildings, site changes/additions will require compliance with the Zoning Regulations Section 17 . 9 . 1 Campgrounds- Seasonal . Site Plan Review shall be required for future buildings, site changes/additions above the 208 sites regulated by Tompkins County Department of Health. The maximum sites for the Development District shall be 425 . 2 . Campsites . 3 . Living accommodations for campers shall be Tents, Recreational Vehicles , Recreational Park trailers, or camping cabins intended for transient use . A Tent shall be defined as a portable shelter, made of fabric , stretched over a supporting framework of poles with ropes and pegs . A Recreational Vehicle shall be defined as a vehicle that can only be moved on the highway without a special permit from the New York State D . O . T, (therefore no wider than 8 feet) built on a single chassis, mounted on wheels, with gross trailer area not to exceed 400 square feet in area. A Recreational Park Trailer shall be defined as a vehicle that can be moved on the highway with a special permit from the New York State D . O . T (therefore may be wider than 8 feet but no more than 12 feet) built on a single chassis, mounted on wheels with gross trailer area not to exceed 400 square feet in area. A Camping Cabin shall be defined as a hard sided tent or shelter less than 400 square feet in an area without plumbing which is on skids or otherwise designed to be readily moveable . 4 . The campgrounds shall be open for the season camping annually from May l through October 31 . Off-season , no more than 20 percent occupancy of existing sites at any given time is permitted for temporary camping units . Length of stay is no more than seven (7) consecutive days during the off- season . (This is designed to accommodate such recreational activities as hunting, fishing, skiing, etc . ) Snowmobiles will be limited to 4 Public Hearing 2 08/27/2009 per site with a maximum of 40 allowed in the campground at anyone time . 5 . Commercial sales of Recreational Vehicles, Recreational Park Trailers and Retail Sales of camping related items shall be an allowed use . 6 . The following recreational uses are allowed in the campsite for only registered campers and guests : Mini-golf, hayrides, arcade, 2 playgrounds (as listed on the map), Swimming pool , fishing pond, paddle boat rentals, geocaching, pedal cart rentals, golf cart rentals, volleyball, basketball, horseshoes, naturelhiking trails, live music entertainment, ball field and similar activities . 16.3 . 1 (b) District Area Boundaries The area of said district shall be approximately 83 acres as described on the map dated June 2009 . The district boundaries are as follows : All that tract or parcel of land situated in the Town of Ulysses, County of Tompkins and State of New York, being part of Military Lot 16 in said Town and bounded and described as follows : BEGINNING at a point in the centerline of Kraft Road approximately 2 ,643 feet from the west line of Military Lot 16, thence south parallel to the west line of Military Lot 16 approximately 2 , 061 feet to the south line of Military Lot 16 ; thence west along the said south line of Military Lot 16 approximately 2 , 643 feet to the west side of said Military Lot 16 (being the east line of military lot 15 ) ; thence north along the west line of Military Lot 16 approximately 1 , 188 feet to a point; thence northeasterly along a hedgerow and woodlot about 528 feet; thence southeasterly along the said hedgerow and woodlot about 462 feet; continuing in a southeasterly direction along the said hedgerow about 792 feet to a second hedgerow which runs north and south ; thence north along said second hedgerow about 792 feet to a third hedgerow which runs east and west; thence west and parallel to Kraft Road approximately 88 feet to a point; thence north and perpendicular to Kraft Road approximately 351 feet to a center line of Kraft Road ; thence east along center line of Kraft Road 1 ,034 feet to the point of beginning. 16.3 . 1 (c) Specifications for Campsites 1 . The number of campsites in the district is not to be more than 425 sites . The sites shall be a minimum of 30 feet wide and a depth of 50 feet or as directed by NYS DOH. 2 . East of the driveway (to the left as entering the campgrounds) campsite numbers 2 , 4, 6 to 9, 11 ,20,21 and 20A are to remain as they are . No campsites will be permitted closer than 275 feet from the center line of Kraft Road . A natural vegetative buffer must be maintained between the eastern most campsites and the eastern most boundary. Campsites to remain as they are on the map, no new campsites are to be added within this area. 3 . Parking : Two hour temporary parking is permitted north of the hedgerow (labeled as Hedgerow # 1 on the map) for patrons and their guests . 4 . Each campsite shall have a designated area for a campfire that shall be located, cleared and protected in accordance with recommendations of the Trumansburg Fire Chief All firewood in the campground to be in compliance with DEC Regulations on transported in firewood . 5 . The sites as listed in the map dated June 2009 shall be considered legal , and conforming according to existing zoning regulations . All new and additional campsites are required to be in compliance with the Zoning Regulation Section 17 .9 . 1 Campgrounds-Seasonal 6 . Recreational Park Trailers will be limited to 15 % of existing sites within the district not to exceed 43 sites . Recreational Park Trailers can be located on sites indicated with an X on the map dated June 2009 . 7 . Camping Cabins will be limited to 15 % of existing sites within the district not to exceed 43 sites . Nam Public Hearing 3 08/27/2009 16.3 . 1 (d) Sewage and Garbage Disposal 1 . Sewage and garbage disposal shall meet all requirements of the Tompkins County Health Department. 2 . Rodent-ti ht refuse containers shall be provided so that there shall be a minimum of one container for every four campsites . 3 . There shall be absolutely no dumping of any type of refuses whatsoever in Willow ( Creek. I 4 . Garbage shall be picked up at least twice per week during the months of June, July and August, and at least once per week the remainder of the season . 5 . Underground sewage receptacles shall not be allowed within 100 feet of the edge of Willow Creek-all recreational vehicles within that area must have self-contained sewage holding tanks . 16 .3 . 1 (e) Water 1 . Drinking water shall be provided and conform to the standards of the Tompkins County Health Department. 2 . There shall be no cleaning activities (activities that include soaps, shampoos, or cleansers) in Willow Creek (e .g. bathing, car washing, and dishwashing) . 3 . Under conditions of drought a water conservation plan shall be enacted that could include reduction of shower usage, prohibition of washing vehicles, campers and pets . Further under drought consideration no watering of lawns or plants shall take place . 16.3 . 1 (f) Maintenance 1 . The entire district shall be kept free and clear of all litter and be maintained in a neat and orderly manner. 2 . A monthly visual inspection shall be conducted of the sewage holding tanks of all Recreational Vehicles and Recreational Park Trailers located along and up gradient of Willow Creek. 3 . Chlorinated water from the swimming pool will not be discharged in excess of 100 gallons in a 24 hour period for maintenance procedures . 16 .3. 1 (g) Signs One namesake sign or bulletin board not exceeding eighteen ( 18) square feet is allowed . Said sign shall not be self- illuminating and the bottom of said sign shall not be more than five (5) feet from the ground . 16.3 . 1 . (h) Commercial Sales I . Commercial sales of Recreation Vehicles and Recreational Park Trailers are allowed in this district. A maximum of 6 units may be displayed in the area (40' x 75 ') listed on the map dated June 2009 . 2 . New units are allowed on camping sites for purpose of commercial sales . 3 . Individuals may display their used units for second hand sale on sites within the district. 4 . The existing retail store for sales of camping related items such as firewood, ice, and sundry items for the accommodations of the campers and their guests is permitted . 16.3. 1 (i) Storage Public Hearing 4 t.' 08/27/2009 1 . Storage of recreation vehicles and boats on trailers is allowed, with the provision that no more than 60 percent of the existing campsites can be used for storage and no more than one unit per campsite . 2 . In-season storage shall be limited to the campsites themselves or the area designated on the map June 2009 as off site storage . 16.3. 1 G) Buffers All natural buffers are to remain , and in addition : 1 . From the current driveway, east, approximately 40 feet from the centerline of the road in line with the current tree line, a hedge (indicated as Hedgerow #2 on the map) of evergreens is to be maintained, using a minimum spacing of 6 feet, with the minimum size of trees to be planted of 4 feet and with the hedgerow to be two rows of trees deep . If any trees die , they are to be replaced . 2 . The area along hedgerow # 1 is to be inter-planted with evergreen trees and shrubs, from the entrance road to the west boundary. The purpose is to create a dense visual barrier to hide vehicles and activities and to provide privacy for regular users and campers as well as neighbors . Minimum size of plants at planting shall be 4 feet. 3 . All natural covers on the remaining boundaries shall remain and natural growth of said hedgerows shall be encouraged . 4 . The existing sites along Willow Creek indicated on the map dated June 2009 will be maintained with a minimum 20' wide natural vegetative buffer adjacent to the stream . All future sites will be in compliance with Zoning Regulation Section 17 . 9 . 1 which states no campsite, 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 . 16.3 . 1 (k) Mobile Home 1 . One mobile home, larger than 750 square feet, shall be permitted in the Development District as indicated on the map dated June 2009 . 2 . The mobile home will be skirted and the hedgerow that now exists shall remain as screening. Hearing no comments from the public the public hearing was closed for comments . Supervisor Austic opened the public hearing for the SEQR review at 6 : 47 pm. Mr. Austic read Part I of the SEQR application that Mr. Sherwood supplied . (Part I which is on file in the Code Enforcement Officers office.) The Town Board reviewed and filled out Part II of the SEQR which is on File in the Code Enforcement Officers office. Hearing no comments on the SEQR review the Town Board closed the Public hearing on SEQR at 7 : 10 PM and opened the Special Town Board Meeting previously scheduled . (Minutes for the Special Board meeting are separate minutes .) Respectfully submitted, 1 Marsha L. Georgia Ulysses Town Clerk MLG : mlg it: . Ei rig: 3P- eAY:,N TOWN OF ULYSSES SPECIAL TOWN BOARD MEETING AUGUST 27, 2009 PRESENT : Supervisor Douglas Austic ; Council David Kerness, Elizabeth Thomas and Lucia Tyler; Rod Ferrentino Absent; Town Clerk Marsha L. Georgia. Others Present : Code Enforcement Officer Alex Rachun; Scott Sherwood; Rod Hawkes ; Harry Weber Sr. ; Harry Weber Jr. ; Budd Stover; Michael Cirri; Robin Carlisle Peck; William Hughes ; and David Lucas . Supervisor Austic opened the Special Board meeting at 7 : 10 pm after the Public Hearing for Spruce Row Development District and the Public Hearing for SEQR review on the Development District. Mr. Austic moved, seconded by Mr. Kerness the following: BE IT RESOLVED that the Town Board of the Town of Ulysses has made its findings and issued a negative declaration, under SEQR as to the re-zoning issue. Mr. Austic aye Mr. Ferrentino absent Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Mr. Austic moved, seconded by Ms . Thomas the following : RESOLUTION of the Town Board of the Town of Ulysses establishing and authorizing Development District No 1 Amendment (Formerly Development District No . 1 , as amended October 8 , 1991 ), pursuant to Article IV Section 5 of the Town of Ulysses Zoning Ordinance dated November 28 , 2007 . WHEREAS, application has been made to the Town Board by Scott Sherwood for a Planned Development District pursuant to Ulysses Zoning Ordinance, Article IV Section 5 for Spruce Row Campgrounds located at 2235 Kraft Road, Tax Parcel #26 . 4 -5 .2 and, WHEREAS, establishing a Development District is a zoning amendment, the provisions of Article X, Section 2 , are applicable and have been complied with; and WHEREAS, the application was referred to the Town Planning Board pursuant to Section 5 (b) of Article N, and said Planning Board has unanimously approved the application pursuant to Section 5 (c) at a meeting on June 2 , 2009 and WHEREAS, the Town Board, after due publication and notice, has held a public hearing on August 27`", 2009 hearing applicants presentation and public comment thereon , and receiving a full environmental assessment form for a Type I action under the State Environmental Quality Review Act; and WHEREAS , the Town Board has made its findings and issued a negative declaration of significance, under SEQR as to the re-zoning issue ; and WHEREAS, the Town Board has received by letter dated July 30, 2009 being a review by the Tompkins County Planning Department under General Municipal Law §239- & m, wherein they have determined that the proposed action has no negative inter-community, or county-wide impacts; and NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Ulysses hereby approves the amendment of Development District No . 1 as follows : Special Town Board Meeting 2 08/27/2009 16.3. 1 (a) Allowed uses The purposes for which the district may be used are as follows : 1 . The site plan as listed on the map dated June 2009 for this district is listed as a legal and conforming use . Any future buildings, site changes/additions will require compliance with the Zoning Regulations Section 17 . 9 . 1 Campgrounds- Seasonal . Site Plan Review shall be required for future buildings, site changes/additions above the 208 sites regulated by Tompkins County Department of Health . The maximum sites for the Development District shall be 425 . 2 . Campsites . 3 . Living accommodations for campers shall be Tents, Recreational Vehicles, Recreational Park trailers, or camping cabins intended for transient use . A Tent shall be defined as a portable shelter, made of fabric, stretched over a supporting framework of poles with ropes and pegs . A Recreational Vehicle shall be defined as a vehicle that can only be moved on the highway without a special permit from the New York State D . O .T, (therefore no wider than 8 feet)built on a single chassis, mounted on wheels, with gross trailer area not to exceed 400 square feet in area. A Recreational Park Trailer shall be defined as a vehicle that can be moved on the highway with a special permit from the New York State D . O . T (therefore may be wider than 8 feet but no more than 12 feet) built on a single chassis, mounted on wheels with gross trailer area not to exceed 400 square feet in area . A Camping Cabin shall be defined as a hard sided tent or shelter less than 400 square feet in an area without plumbing which is on skids or otherwise designed to be readily moveable . 4 . The campgrounds shall be open for the season camping annually from May 1 through October 31 . Off- season, no more than 20 percent occupancy of existing sites at any given time is permitted for temporary camping units . Length of stay is no more than seven (7) consecutive days during the off- season . (This is designed to accommodate such recreational activities as hunting, fishing, skiing, etc .) Snowmobiles will be limited to 4 per site with a maximum of 40 allowed in the campground at anyone time . 5 . Commercial sales of Recreational Vehicles, Recreational Park Trailers and Retail Sales of camping related items shall be an allowed use . 6 . The following recreational uses are allowed in the campsite for only registered campers and guests : Mini-golf, hayrides, arcade, 2 playgrounds (as listed on the map), Swimming pool , fishing pond, paddle boat rentals, geo-caching, pedal cart rentals, golf cart rentals, volleyball, basketball, horseshoes, nature & hiking trails, live music entertainment, ball field and similar activities . 16.3. 1 (b) District Area Boundaries The area of said district shall be approximately 83 acres as described on the map dated June 2009 . The district boundaries are as follows : All that tract or parcel of land situated in the Town of Ulysses, County of Tompkins and State of New York, being part of Military Lot 16 in said Town and bounded and described as follows : BEGINNING at a point in the centerline of Kraft Road approximately 2,643 feet from the west line of Military Lot 16, thence south parallel to the west line of Military Lot 16 approximately 2,061 feet to the south line of Military Lot 16; thence west along the said south line of Military Lot 16 approximately 2, 643 feet to the west side of said Military Lot 16 (being the east line of military lot 15 ) ; thence north along the west line of Military 'ts.iv .avr_ Special Town Board Meeting 3 08/27/2009 Lot 16 approximately 1 , 188 feet to a point; thence northeasterly along a hedgerow and woodlot about 528 feet; thence southeasterly along the said hedgerow and woodlot about 462 feet; continuing in a southeasterly direction along the said hedgerow about 792 feet to a second hedgerow which runs north and south; thence north along said second hedgerow about 792 feet to a third hedgerow which runs east and west; thence west and parallel to Kraft Road approximately 88 feet to a point; thence north and perpendicular to Kraft Road approximately 351 feet to a center line of Kraft Road; thence east along center line of Kraft Road 1 , 034 feet to the point of beginning. 16.3 . 1 (c) Specifications for Campsites 1 . The number of campsites in the district is not to be more than 425 sites . The sites shall be a minimum of 30 feet wide and a depth of 50 feet or as directed by NYS DOH. 2 . East of the driveway (to the left as entering the campgrounds) campsite numbers 2, 4, 6 to 9, 11 , 20, 21 and 20A are to remain as they are . No campsites will be permitted closer than 275 feet from the center line of Kraft Road . A natural vegetative buffer must be maintained between the eastern most campsites and the eastern most boundary. Campsites to remain as they are on the map, no new campsites are to be added within this area. 3 . Parking : Two hour temporary parking is permitted north of the hedgerow (labeled as Hedgerow # 1 on the map) for patrons and their guests . 4 . Each campsite shall have a designated area for a campfire that shall be located, cleared and protected in accordance with recommendations of the Trumansburg Fire Chief. All firewood in the campground to be in compliance with DEC Regulations on transported in firewood . 5 . The sites as listed in the map dated June 2009 shall be considered legal , and conforming according to existing zoning regulations . All new and additional campsites are required to be in compliance with the Zoning Regulation Section 17 . 9 . 1 Campgrounds- Seasonal 6 . Recreational Park Trailers will be limited to 15 % of existing sites within the district not to exceed 43 sites . Recreational Park Trailers can be located on sites indicated with an X on the map dated June 2009 . 7 . Camping Cabins will be limited to 15 % of existing sites within the district not to exceed 43 sites . 16.3. 1 (d) Sewage and Garbage Disposal 1 . Sewage and garbage disposal shall meet all requirements of the Tompkins County Health Department. 2 . Rodent-tight refuse containers shall be provided so that there shall be a minimum of one container for every four campsites . 3 . There shall be absolutely no dumping of any type of refuses whatsoever in Willow Creek. 4 . Garbage shall be picked up at least twice per week during the months of June, July and August, and at least once per week the remainder of the season . 5 . Underground sewage receptacles shall not be allowed within 100 feet of the edge of Willow Creek-all recreational vehicles within that area must have self-contained sewage holding tanks . 16.3. 1 (e) Water 1 . Drinking water shall be provided and conform to the standards of the Tompkins County Health Department. Special Town Board Meeting 4 08/27/2009 2 . There shall be no cleaning activities (activities that include soaps, shampoos, or cleansers) in Willow Creek (e . g . bathing, car washing, and dishwashing) . 3 . Under conditions of drought a water conservation plan shall be enacted that could include reduction of shower usage , prohibition of washing vehicles, campers and pets . Further under drought consideration no watering of lawns or plants shall take place . 16.3 . 1 (f) Maintenance 1 . The entire district shall be kept free and clear of all litter and be maintained in a neat and orderly manner. 2 . A monthly visual inspection shall be conducted of the sewage holding tanks of all Recreational Vehicles and Recreational Park Trailers located along and up gradient of Willow Creek . 3 . Chlorinated water from the swimming pool will not be discharged in excess of 100 gallons in a 24 hour period for maintenance procedures . 16 .3 . 1 (g) Signs One namesake sign or bulletin board not exceeding eighteen ( 18) square feet is allowed . Said sign shall not be self- illuminating and the bottom of said sign shall not be more than five (5 ) feet from the ground . 16.3 . 1 . (h) Commercial Sales 1 . Commercial sales of Recreation Vehicles and Recreational Park Trailers are allowed in this district. A maximum of 6 units may be displayed in the area (40' x 75 ') listed on the map dated June 2009 . 2 . New units are allowed on camping sites for purpose of commercial sales . 3 . Individuals may display their used units for second hand sale on sites within the district. 4 . The existing retail store for sales of camping related items such as firewood, ice, and sundry items for the accommodations of the campers and their guests is permitted . 16.3 . 1 (i) Storage 1 . Storage of recreation vehicles and boats on trailers is allowed, with the provision that no more than 60 percent of the existing campsites can be used for storage and no more than one unit per campsite . 2 . In-season storage shall be limited to the campsites themselves or the area designated on the map June 2009 as off site storage . 16.3 . 1 G) Buffers All natural buffers are to remain, and in addition : 1 . From the current driveway, east, approximately 40 feet from the centerline of the road in line with the current tree line , a hedge (indicated as Hedgerow #2 on the map) of evergreens is to be maintained, using a minimum spacing of 6 feet, with the minimum size of trees to be planted of 4 feet and with the hedgerow to be two rows of trees deep . If any trees die, they are to be replaced . 2 . The area along hedgerow # 1 is to be inter-planted with evergreen trees and shrubs, from the entrance road to the west boundary . The purpose is to create a dense visual barrier to hide vehicles and activities and to provide privacy for regular users and campers as well as neighbors . Minimum size of plants at planting shall be 4 feet. Special Town Board Meeting 5 08/27/2009 3 . All natural covers on the remaining boundaries shall remain and natural growth of said hedgerows shall be encouraged . 4 . The existing sites along Willow Creek indicated on the map dated June 2009 will be maintained with a minimum 20' wide natural vegetative buffer adjacent to the stream . All future sites will be in compliance with Zoning Regulation Section 17 . 9 . 1 which states no campsite, 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 . 16.3. 1 (k) Mobile Home 1 . One mobile home, larger than 750 square feet, shall be permitted in the Development District as indicated on the map dated June 2009 . 2 . The mobile home will be skirted and the hedgerow that now exists shall remain as screening. Mr. Austic aye Mr. Ferrentino absent Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Resolution Subject to Permissive Referendum Mr. Austic said the Town Board needed to adopt a resolution subject to a permissive resolution for the transfer of the monies from the Reserve Account for the Town Barn Project . Mr. Austic moved, seconded by Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses adopt a resolution subject to a permissive resolution to transfer up to $408 , 000 from the Capital Reserve Account to the Highway Town Barn Account #A5132 . 2 . Mr. Austic aye Mr. Ferrentino absent Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted Town Vehicle Mr. Austic reported to the Town Board that the Water Vehicle needs to be replaced after the accident where it was totaled. Mr. Austic reviewed a couple of places to purchase a truck. Ms . Tyler said that she would like a record provided of how much the truck is used. Mr. Rachun showed the Board a log of the miles traveled with the truck and the uses . Mr. Kerness used the total miles and calculated the miles times the rate of reimbursement for mileage and could justify a replacement. The discussion was tabled at this time to further look into options . Special Town Board Meeting 6 08/27/2009 Mr. Austic moved, seconded by Mr. Kerness the following : BE IT RESOLVED that the Town Board of the Town of Ulysses declare the Water Vehicle that was totaled in the accident as junk. Mr. Austic aye Mr. Ferrentino absent Mr. Kerness aye Ms . Thomas aye Ms . Tyler aye Adopted EMT/Fire Budget Mr. Austic and Mr. Kerness reviewed the documentation that the Village of Trumansburg had provided to them at the Village meeting. The big question still to be answered by the Village is to charge or not to charge for ambulance service . The Village would like the Town Board to get back to them by September 8th, 2009 . WEB Page Ms . Thomas said that the web site designer had finished but she had not had time to really look at it to date. The company would like some payment for their work which Ms . Thomas gave the bill to Mr. Austic who transferred it to Ms . Georgia to be processed for payment for the Board meeting on September 8 , 2009 . Hearing no further business Mr. Kerness moved, seconded by Ms . Tyler to adjourn the meeting. Unanimiously approved; meeting adjourned at 8 :45pm . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG : mlg I . '