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HomeMy WebLinkAbout2010-02-02-PB 1 TOWN OF ULYSSES PLANNING BOARD 02/02/10 APPROVED 06/16/10 NOTE : The audio version of this meeting is on tape available for review at Ulysses Town Hall, 10 Elm Street, Trumansburg, NY. Present : Acting Chairperson- Rod Hawkes, Board Members : Stan Beames, Rebecca Schneider, John Wertis, Code Enforcement Officer Alex Rachun, Town Board Member David Kerness . Excused : Rod Porter, Rick Rainey, Ken Zeserson Mr. Hawkes called the meeting to order at 7 : 00 pm. He explained Mr. Zeserson was out of town and he was asked to chair the meeting. There are two items to cover, the rest of the wording for the proposed Conservation Zone draft as well as the boundaries . He asked if all members had copies of the draft emailed. He asked Mr. Rachun if this draft incorporated the changes made at the last meeting. Mr. Rachun stated he had incorporated professional offices in section 1 . 2 , simplified the footprint to 4000 square feet, and other items were brought up that should be discussed. Subdivision, do they want to allow they need to be careful . Stormwater should also be addressed; he recommends they use the MS4 District Stormwater guidelines they have now. Discussion regarding stormwater post development vs . predevelopment. Mr. Wertis will verify that this did become part of the current law, he was unsure it had. Ms . Schneider stated they had adopted a local law . The NYS Stormwater law was adopted for the MS4 District which is the area near Glenwood and East of Route 89 . The template was put out by the state but the Stormwater Committee altered parts for local use . Discussion regarding subdivision, Major subdivision would allow 5 or more parcels within the district. This would require 5 acre lots which would probably not happen however it could happen . The members discussed laterals, utilities, break even around 12th parcel sold-require 60 acres, unlikely however what do they want to do . Allow simple, minor subdivision. The discussion resulted in the following motion. Mr. Wertis MADE the MOTION, Ms . Schneider SECONDED the MOTION. Prohibit Major Subdivision in the Conservation Zone . The vote on the MOTION is as follows : Mr. Beames Aye Mr. Hawkes Aye Ms . Schneider Aye Mr. Wertis Aye The MOTION passed unanimously Mr. Rachun stated an area to be addressed was the Forest/Wetlands management area. Jefferson County was sued due to allowing a development go in without proper SEQR for wildlife . For wetland/forest management he changed that to include the Board may request a consult for wildlife management . The Board stated this was acceptable . Ms . Schneider stated the NYS DEC website is too limiting. She would like to have the federal sites included. Mr. Rachun noted the draft includes State and Federal sites . The members stated this is what they would like to have to include all sites registered. The federal regulations are more rigorous vs . the state. Discussion of using as defined. It was decided this would be Mariette ' s responsibility to review and edit as is necessary. Mr. Rachun stated he would present this to Mariette . Mr. Wertis will draft a letter to send to Mr. Rachun regarding addressing this issue. s. Schneider stated she liked what Mr. i 2 Rachun did, she asked if they were legitimate in doing this? The Feds always trump the local laws. Ms . Schneider stated there was a Swank Ruling ( 1995) stated make members aware of. It states that wetland protection is for navigable water. This was challenged and the Supreme Court ruled in favor of the developer, in that they stated isolated wetlands are not protected. It happened about 8 years ago, 50% of rare species occur in isolated wetlands. The Federal government stated each State should make their own law . Three bills have been presented and failed. Currently, there are no State regulations on the books . She has not looked at wetlands however if there are isolated wetlands they are not protected. She will investigate and give to Mr. Rachun by Monday wording for this to protect this area. Mr. Rachun stated he would research as well for wording to be included in this draft. Mr. Rachun stated he had given this draft to other Town Staff Ms . Poelvoorde suggested they include Building Design and Color of the landscaping design section. The members discussed and the following motion was presented : Ms . Schneider MADE the MOTION, Mr . Beames SECONDED the MOTION. Prohibit Major Subdivision in the Conservation Zone. The vote on the MOTION is as follows : Mr. Beames Aye Mr. Hawkes Aye Ms . Schneider Aye Mr. Wertis Aye The MOTION passed unanimously Mr. Wertis stated he was concerned with the wording of the shall/should in this area. If it is worded this way where does this leave the Board. He is not proposing everything changed to shall . Ms . Schneider noted it they have shall then it means the resident would have to do it. Mr. Kerness stated they would have the resident present the plan for review. Mr. Wertis stated with the word should they have no recourse, they can suggest. If they use the word shall then individuals would have to do it, if they use should the Board has more flexibility in working with the town residents . Harmonize with natural setting, using shall set ups design standards, Mr. Rachun is not ready to establish design standards for this area. The members discussed and the following motion was presented : Mr. Beames MADE the MOTION, Ms . Schneider SECONDED the MOTION. Maintain should/shall wording of Landscaping/Design as presented in draft of 02/01 / 10 . The vote on the MOTION is as follows : Mr. Beames Aye Mr. Hawkes Aye Ms . Schneider Aye Mr. Wertis Aye The MOTION passed unanimously. Mr. Rachun stated there was a discussion of native plants . There are a lot of plants that are not native yet exist in this area Black Locust, Larch. He tried to find a list of invasive plants loosestrife etc that are invasive, but how far back do they go . This is something the Board may want to address . A consideration he had would be plants that are harmful to humans/wildlife . He does have an item to include not promoting noxious plants. The members discussed the adapting to climate change, there are plants that have adapted and thrived thus becoming native. The multi-floral bush is invasive. It is dreadful to humans but for animals they flourish. People are eradicating it in great lengths . Members agreed this wording was acceptable . Mr. Hawkes asked if there were concerns with 1 . 6 Wildlife Habitats . 3 Mr. Wertis stated there was a flip-flop of shall/should . He read the section. He questioned why shall now vs . should being used. Mr. Rachun stated there is a whole set of principals on open space and conservation and linking these together. It is more a directive to Planning Board that when they review they take this information into consideration. There are no guidelines for shall, thus more looking at the information. Mr. Wertis stated he would contact the Finger Lakes Land Trust for guidelines on this type of item. He will get information to Mr. Rachun. Mr. Hawkes stated he wanted to let Mr. Rachun know he has done a good job with the draft the Board appreciates the work he has done. Ms . Schneider and Mr. Beames agreed with this statement. Mr. Hawkes stated they had gotten through the document the next order of business would be reviewing the boundary maps . The members proceeded to review the maps. They asked Mr. Rachun if he would have difficulty making decisions due to the fact that the DNA ' s boundaries are not specific . Mr. Rachun stated he has dealt with this before. Mr. Rachun stated an item of concern is making the current lots in the conservation zone a legal conforming lot. This way if a resident has routine maintenance, renovations and additions and they meet the setbacks, etc . it would be allowed. If it is in a UNA it would be required to go through Site Plan. Ms . Schneider MADE the MOTION, Mr. Beames SECONDED the MOTION. The Conservation Zone map deserves concentrated discussion; this discussion should be tabled and held at the next scheduled meeting. The vote on the MOTION is as follows : Mr. Beames Aye Mr. Hawkes Aye Ms . Schneider Aye Mr. Wertis Aye The MOTION passed unanimously. Ms . Carlisle Peck stated they had minutes from 01 / 19/ 10 to be approved. Ms . Schneider MADE the MOTION, Mr. Beames SECONDED the MOTION Approve minutes of 01 / 19/ 10 . Mr. Beames Aye Mr. Hawkes Aye Ms . Schneider Aye Mr. Wertis Aye-Contingent on formal accept via email to Ms . Carlisle Peck Mr. Hawkes stated the next meeting is February 16th , 2010. Mr. Zeserson will be out of town and has requested Mr. Hawkes chair the meeting that night. The meeting was adjourned at 8 : 35 pm. Respectfully submitted, Robin Carlisle Peck Secretary