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HomeMy WebLinkAbout2011-01-19-PB TOWN OF ULYSSES PLANNING BOARD 01 / 19/ 11 APPROVED 06/08/11 Present: Acting Chairperson Rod Hawkes, Members- Stan Beames, Peter Fry, Rebecca Schneider, John Wertis, Code Enforcement Officer-Alex Rachun Excused : Ken Zeserson Applicants : Mr. and Mrs . Robert Brown Public : Brian Grout Mr. Hawkes stated they had two items on the agenda. There is a project from the Town Board to review as well as the Brown Subdivision which had been postponed from the December meeting, He asked Mr. Rachun to describe the Route 96 project. Mr. Rachun stated the Town Board had reviewed the project and appreciated the potential use of an existing building and a potential employer for Ulysses . th a discussion of a project presented by Hunt, the project was the old Cayuga Breeder' s site. It is currently zoned as Business, Cayuga Breeder' s were on the site when it was zoned Business . It would have to approved by the Planning Board to rezone this area to light industrial . Mr. Wertis made the suggestion the Board postpone this discussion and review the Brown Subdivision so the applicants can conclude their business . The members agreed with Mr. Wertis . Mr. Hawkes noted that they would be reviewing the application from Robert Brown for a subdivision of his property located on Halseyville Road. Mr. Wertis stated he did not see any problem with this subdivision. The only reason it is in front of the Board is it is a "collector road" thus Planning Board review is necessary. Mr. Hawkes noted this is an agricultural zone. He asked if Mr. Brown the use of this property would be agriculturally oriented . Mr. Rachun stated it would be. Mr. Carpenter had purchased the large house as well as 21 . 6 acres from Mr. Brown. He would like to purchase an additional strip of land. Mr. and Mrs. Brown informed the group they would like to raise horses on the remaining portion as a hobby. She had always had horses and would like to have the opportunity to do this on this property as a hobby for herself and her grandchildren. The meeting continued with the members asking the applicants questions on conservation easements, future plans and use of this property. The members noted that while they review this application there is not a formal approval procedure to approve or disapprove an application. TOWN OF ULYSSES PLANNING BOARD Public Hearing —Brown Subdivision Halseyville Road Town of Ulysses, New York January 19, 2011 Mr. Wertis MADE the Motion, SECONDED by Mr. Hawkes . WHEREAS the Planning Board and reviewed the project and issued neighbor notification of the proposed project, Planning Board 01/ 19/ 11 Page 1 WHEREAS the Town of Ulysses Planning Board has given due consideration to all information and comments in conducting Site Plan Review and WHEREAS, after consideration the Planning Board has determined no adverse effects from this project. , THEREFORE IT IS HEREBY RESOLVED that the Planning Board of the Town of Ulysses hereby approves the Site Plan and recommends approval of the Minor Subdivision as presented by Robert Brown, Sr. , Halseyville Road, Trumansburg, NY, # 12 . -4- 15 .222 The vote on the motion resulted as follows: AYES : Mr . Beames, Mr. Fry, Mr. Hawkes, Ms. Schneider, Mr. Wertis NAYS : NONE ABSENT : Mr. Zeserson ABSTAINED : NONE THE RESOLUTION WAS PASSED UNANIMOUSLY Mr. Rachun noted that this Board has received a request for another subdivision, this is the Antique Mall . They would like to lop off from Parcel A to Parcel B from Joseph Curran, he is not sure of the purpose at this time . It is his hope that this would be available for review by the next meeting. It was noted there was a Zoning Board of Appeals meeting tonight thus Robin would be recording but not in attendance for the remaining part of this meeting. Mr. Rachun stated he had not received a written request from the Town Board to review the Cayuga Breeder' s project located on Route 96 . The Town Board has asked this Board to review, he noted Mr.Fry was in attendance at the meeting. He asked the members if they had received an email from Mr. Zeserson regarding the Cayuga Breeder' s project. The members stated they had. The Town Board has requested this Board review and make any recommendations to them. The Comprehensive Plan has indicated that this is a mixed use area however the Zoning does not reflect that. Mr. Wertis stated it was his understanding that the Town Board had passed a resolution for this Board review for rezoning of the Comprehensive Plan. The logical process would be to review for rezoning . Then this Board would do a Site Plan Review of this project. Mr. Rachun stated that would be logical, unfortunately our zoning does not address these types of changes . The Town Board looked at this project. They passed a resolution to have this reviewed using Site Plan Review to make a recommendation as to whether this would be a good zoning change . The Comprehensive Plan is indicating that this should be a mixed use area. The zoning does not reflect this . This Board is being charged with reviewing and making recommendations . Mr. Wertis stated he appreciated that however this Board does not have a formal resolution in front of them. The progression he mentioned prior is in the book, this is not his interpretation of what should happen. Mr. Fry noted the specifically the resolution asked this to review as to whether or not it was within the definition of the Comprehensive Plan. He stated he believed it has been established this is within the definition. The second step would be to review using the Site Plan Review guidelines this project . The meeting involved discussion regarding the lack of easily changed zoning, would they require a sketch plan conference, specifically requesting information for the sketch plan conference, the Chairperson, Code Enforcement Officer had already met with the applicant-would this Board require them to come back for another conference. The members agreed they did not feel another Sketch Plan Conference was necessary. A lengthy discussion was held regarding the Business Zone vs . Light Industrial, the Comprehensive Plan is designating this area as light industry, heavy industry is not a sought after use per the Comprehensive Plan. The fact that the applicant' s had not Planning Board 01 / 19 / 11 Page 2 a d appeared to this Board was mentioned as a concern by a member. This project is in compliance with the Comprehensive Plan was determined by the members . This would be done on parcel by parcel basis until a comprehensive zoning change could be made. Mr. Wertis MADE the MOTION, Mr. Hawkes SECONDED the MOTION WHEREAS , the Ulysses Planning Board has reviewed the rezone request for the light industry use (machine shop) submitted by Hunt Engineers on behalf of the applicant to allow light industrial use, and WHEREAS , the machine shop use would be a legal and conforming use in accordance with current zoning, and WHEREAS , said parcel would in the future be a designated office and technology mixed use zone as shown on the Comprehensive Plan Figure 2 Page 39-Future Land Use Map and further described on Page 38 Table 1 Summary of Future Land Use Categories which specifically indentifies light industry as appropriate for this zone . WHEREAS , the office and technology mixed use zone is further detailed on Page 48 of the Comprehensive Plan stating light industry is an allowable use, THEREFORE BE IT RESOLVED, the Town of Ulysses Planning Board recommends to the Town Board the rezoning of said parcel to light industry and to make the proposed machine shop a conforming use and to rezone the area to a mixed use office and technology zone. Mr. Hawkes asked for discussion. Mr. Fry stated he appreciated the resolution, however believes they need to complete the first step first. Mr. Rachun stated he has some points to make, they need to have the applicant in front of them to determine light industry. He is not sure they would want to make the assumption it is light industry until they come for the Site Plan . Ms . Schneider stated she agreed, she felt more information is necessary. Mr. Wertis stated they had all received information from Hunt Engineers with the details . Ms . Schneider stated she had read the information however they had not provided any detail for the waste water. Many of these shops wash the machines and she does not see details for getting rid of it. Mr. Hawkes asked Mr. Rachun about his comments . Mr. Rachun stated what Mr. Wertis has presented is not bad, however the applicant will be coming in with a full blown Site Plan. It has to go back to the Town Board for approval . This Board should recommend future land use plans . Ms . Schneider stated if the review this and determine that a business is heavy industry vs . light industry thus not an allowed use. We are making decision without appropriate documents . She would like a caveat that this is contingent on the business being a light industry. Mr. Fry stated he had read and was at the meeting and this was determined to meet the definition of the light industry. All of the issues were addressed by the Town Board to distinguish the definition. He stated they bring in large steel rod, machine it into smaller parts and ship that odd. In terms of individual impact, noise, lighting there are further details available . Planning Board 01 / 19 / 11 Page 3 i I I • Ms Schneider stated if they are making decisions, she is raising questions but defers to the other members, but could they decide later to expand would that be heavy industry. These are questions she has currently. Mr. Rachun stated there are additional items needed for final Site Plan approval, there are stormwater plans , water, septic or contour maps. Those items would all be part of the Site Plan process . This resolution recommends approval for this project in light of further Site Plan review . Mr. Grout stated as an outsider he agrees with Rebecca and wondered if there would be a public hearing. If so, all of this information is necessary before the public starts to ask questions . Mr. Wertis stated he feels they should move onto the next project. He would like to have the applicant or Hunt Engineers in front of them to answer questions . Mr. Rachun stated they are supposed to appear in front of the Town Board with a full blown Site Plan packet. Mr. Wertis MADE the MOTION, Mr. Hawkes MADE the MOTION to table the MOTION and further action on this project until more information is provided. The members agreed. A discussion regarding the chicken before the egg, changing the zone vs . allowing use, the map is Business, this has to be changed. The problem with our zoning is there is not a simple system to change zoning. Mariette is reviewing this but she is confident that since the Comprehensive Plan does not match the zoning map this would not be a legal issue. The members continued with a list of items/questions/concerns they have. This is a start up business thus could potentially be an opportunity for all to develop the business . They recycle as much as possible then drum and ship the remainder to outside for recycling. OSHA regulations would not be in this Board ' s discretion, if they use chemicals (Acetone) how would that be disbursed, there are lubricants used, coolants, what are the ingredients, do the spray, etc . If liquid spills how would it be disbursed, there are many questions . The number of trucks, there would be 85 employees, are the four UPS trucks and accurate number. The system would be recommend to Town Board, this Board would use the guidelines for Site Plan, the second time the requirements of Site Plan would have to be met. The SEQR process, public hearing would have to be held. The meeting was adjourned at 8 : 30 pm (est .) Respectfully submitted, Robin Carlisle Peck Secretary II Planning Board 01 / 19 / 11 Page 4 1 MINUTES TOWN OF ULYSSES BOARD OF ZONING APPEALS 01 /19/11 APPROVED 04/20/11 PRESENT : Chairman George Tselekis , BZA Members Dick Coogan, Carl Mann, Zoning Typist Robin Carlisle Peck Excused : Barbara Bristow, Andy Glasner Applicants : Orson Ledger Public : Diane Hillman, Dave Schurman Chairman George Tselekis called the meeting and a duly advertised public hearing to order at 7 : 30 pm. He noted there were not enough members to make quorum. He called Mr. Maim who informed the Chairman he would be enroute and at the meeting shortly. Mr. Mann arrived at 7 : 43 called the meeting to order and noted the meeting could commence as they had quorum present ., Mr. Tselekis stated they are reviewing an application from Orson Ledger for an area variance under Article III, Section 3 . 1 . 2 of The Town of Ulysses Zoning Law . This is for the purpose of building an addition to an existing house and converting the single family house into a duplex which was denied by the Zoning Officer under Article XI 11 . 6 of the Town of Ulysses Zoning Law in that the building encroached upon the 50 foot front yard setback requirement. The property is located at 1847 Trumansburg Road, Town of I Ulysses . He asked Mr. Ledger to describe the project. Mr. Ledger stated he wanted to change the house into a two unit property. It would include taking the roof of the back of the house, putting an addition onto the second story consisting of two rooms . He would be adding bedrooms and kitchen to the units . He maybe adding an extra bedroom but would definitely need a back entrance . He was advised by Mr. Rachun he could not do anything to the property without a permit. Mr. Tselekis asked if there was septic or municipal water. Mr. Ledger stated they use well water but have both available . The property does have a septic system . Mr. Tselekis asked if anyone resides on the property currently. Mr. Ledger stated he has owned the property for three years or so and it has always been vacant . Mr. Tselekis noted there were people in the audience and asked if there were comments from them . Ms. Hillman introduced herself and stated she is here from the Jacksonville Community Association, there feelings are mixed as this property owner has had a bad reputation for maintaining properties . They tend to be left and are an eyesore to the neighborhood. This is an older building with issues currently that have not been maintained and concerned this would continue . They would like to see a concerted effort for maintenance. If construction is allowed, this problem could be compounded by having piles of construction debris on the premises . Mr. Schurman introduced himself as a concerned neighbor that has resided in Jacksonville for ten years . This property has not been well maintained as the property has } 1 I I 2 always looked liked "abandoned" property. He can only assume there would be tenants and people living in it but nothing good has happened to it for several years . Mr. Ledger stated he cannot work on property without a permit, it has been vacant for quite some time. He has owned it for three years . Mr. Tselekis asked if the neighbor notices were sent out. Ms. Carlisle Peck stated they were and no comments written or verbal were received. Mr. Coogan stated he noted on the Legal Notice it was listed a setback of 15 feet is incorrect, however this property is on the line thus he would still need a variance . He stated after hearing some of these comments he had considered recusing himself. His property is 1843 Trumansburg Road which is 2 doors up from the property in discussion, his property is shaped as such that his property borders the property in discussion. He has noticed the barn which has been coming down for 20 years now is still filled with trash. They have seen rats in the area and it has never been taken care of His concern is with only 3 members in attendance they would lose quorum . If he recused himself the meeting would be mute and they would have to adjourn and reconvene when more members were present thus did not choose to recuse himself He is aware of the County' s stand in that they would like lower income housing be available . After hearing the residents at the meeting tonight and after speaking with Code Enforcement Officer related to this property owner he would like to offer they condition the variance dependent on cleanup of the sight. Mr. Tselekis stated before they proceed he needs to establish if Mr. Coogan participated in the remainder of this meeting did he feel he could be impartial in decision making on this property. He realized he may not agree with all portions but that is acceptable as all have their own opinions . Mr. Coogan stated it is not the project per se but the property and how the applicant maintains his properties . He feels this type of housing is needed in Tompkins County. Mr. Tselekis stated he would concede he could consider the applicant and remain impartial on this project . Mr. Coogan stated from the project standpoint he could be objective, however he also feels he has the right to protect the neighborhood. Mr. Tselekis stated he would like to establish that he could have knowledge of the applicant yet would remain impartial . Mr. Coogan stated he could remain impartial with proper safeguards to the community. Mr. Tselekis stated regarding the setback he does not see an issue as this is common to the Jacksonville area. The population density would support this, they have a vacant building which would be occupied-a good thing. There is concern regarding getting the property cleaned up and maintained. Mr. Ledger stated they have kept the lawn mowed, as far as work on the house he has not been able to do work due to no permit. Mr. Coogan asked if he had received letters from the Town stating he had to mow the lawn. Mr. Ledger stated no, not to his knowledge . Mr. Tselekis asked if there was a garage or barn on the property. Mr. Ledger stated it sits behind him it does not belong to him. I 3 Mr. Coogan stated there is a barn that is on his property, in front of the brown barn that is on Mr. Coogan ' s property. It is a junk pile it is rusted cans it is a dump . Mr. Ledger stated it was down when he bought the property, he does not know if it fell down or was tore down. He could not do any repairs as he did not have a permit. He finally got the plans for the house and brought them to Alex . He was denied due to the setback. Ms . Hillman stated she could understand why Mr. Ledger needed the permit to do construction however she does not believe one needs a permit to do routine maintenance and repairs to the property. He does not need a permit to pick up a trash pile, it appears that this is a red herring to deflect the conversation from the concerns that have been brought up . Mr. Ledger stated he was told by Mr. Rachun to do nothing without a permit. Mr. Tselekis stated what has happened in the past does not preclude getting this project reviewed . They could make it conditional that these items be addressed prior to the permit being issued. He asked the members if there were areas they were particularly concerned with . He noted they could condition removal of the barn, trash, etc .when issuing the variance. Mr. Coogan stated the trash pile, the outhouse on the property, he is unsure but believes there is an outhouse on the property. The biggest concern he has is the pile of trash. Ms. Hillman stated one of the conditions would be the construction process, and disposal of items removed from the house . She is concerned they would substitute one pile of trash for another. Mr. Tselekis asked the members if they could draft the wording to make the variance contingent on removal of the trash, maintaining the cleanup while the work is being done. They would need to require it be done neatly and timely. He asked if Mr. Ledger could live with this . Mr. Ledger stated he could accommodate this . They have to clean the property up eventually anyway. Mr. Tselekis asked if there were other concerns . Mr. Coogan stated this property has continued to be a problem . The previous owner and now the current owner have neglected this property. He has many concerns regarding this property. This variance would change the use of this property, if a variance is issued it should be explicit in defining the change of use. Mr. Tselekis stated they could restrict the time and have it be monitored and approved by Mr. Rachun they could also limit the time to one year for completion . He asked about other concerns from Board members . Mr. Mann stated he has concerns for an eight bedroom house coming on this site . The plans are asking to construct two four bedroom units . He feels this might overwhelm the neighborhood, it is a drastic change, and he could see where 12 to 14 people could reside in this house . Mr. Tselekis noticed the additions on the plans . The members reviewed the Zoning for how many unrelated individuals could reside in the hamlet district. The regulations were reviewed . Continued discussion noted a two family residence is allowed in the hamlet district, the members are concerned with the number of people that could live in the house. The number of bathrooms/septic would be regulated by the health department. The Board does not have any jurisdiction over this area. The applicant ' s past performance on other rental properties is an item of concern for members of the Board . I I I I I f 4 Mr. Tselekis stated they could table the meeting until the next date and request the applicant clean up the property and submit a plan for maintaining the property during the construction phase . Mr. Ledger stated he had been told to make no repairs to the property. In his mind, no repair means nothing should be done . He stated he would be out of the state for several months . He would be returning to the area, he spends several months this time of year in Florida. With this in mind he would not be able to do any cleanup , etc . until after that time. The member continued the discussion regarding occupancy, what type of scenario this may allow to happen- e . g. Brady Bunch plus 2 , unrelated number of people, 8 bedroom with 2 people could have up to 16 people in the hamlet area. The members would like to speak to Mr. Rachun regarding the zoning, as well as the Town Attorney for zoning clarification. Mr. Mann stated he would not be able to approve a variance until he has witnessed an attempt to clean up the site. It has been a continual problem on this site . Mr. Mann MADE the MOTION this application be tabled until Mr. Ledger returns to the area. Mr. Coogan SECONDED the MOTION. ALL IN FAVOR, APPLICATION TABLED until the next available date for Mr. Ledger. Ms . Carlisle Peck stated the minutes from the 11 / 17/ 10 Hewertsen/Palmer application needed to be reviewed/approved . Mr. Mann MADE the MOTION, Mr. Coogan SECONDED the MOTION to approve the 11 / 17/ 10 Minutes as submitted . ALL IN FAVOR, Minutes APPROVED . The meeting was adjourned at 8 : 25pm Respectfully submitted, Robin Carlisle Peck Secretary