HomeMy WebLinkAbout2011-03-16-PB TOWN OF ULYSSES
PLANNING BOARD
03/16/11
APPROVED 06/08/11
Present: Chairperson Ken Zeserson, Members- Sarah Adams, Stan Beames, Peter Fry
Rod Hawkes, Rebecca Schneider, John Wertis, Code Enforcement Officer-Alex Rachun
Roxanne Marino, Town Supervisor, Sue Poelvoorde, Deputy Supervisor, Liz Thomas,
Applicants : James Cerquone
Mr. Zeserson called the meeting to order at 7 : 00 pm . He informed the group that they
have several items on the agenda. The first is the Cerquone subdivision they had tabled
pending receipt of information from the last meeting. The subdivision is bigger than a
property line change thus the PlanningBoard needs to review.
Ms . Adams stated there were stormwater issues related to this property brought up at the
last meeting.
Ms. Schneider stated after she had reviewed the maps and application she decided it was
not really a concern and the application was acceptable to her.
Mr. Zeserson MADE the MOTION to Approve the Subdivision, Mr. Hawkes
SECONDED the subdivision. The vote was taken ALL IN FAVOR. MOTION
APPROVED UNANIMOUSLY. Note : Mr. Wertis left the room prior to the vote being
taken to use copier.
Mr. Wertis presented a handout for Standard Procedures, he reviewed the material with
the Board regarding his rational, the research, etc . as to why he would like to incorporate
these procedures. He also stated he realized the volume of work to accomplish this
evening thus wanted to make a motion to table discussion until the next meeting. He
would ask that this material be reviewed by the members .
Mr. Wertis MADE the MOTION to table the Rules and Procedures discussion until the
next scheduled meeting, Mr. Hawkes SECONDED the MOTION. The vote was taken
ALL IN FAVOR. MOTION APPROVED UNANIMOUSLY.
Mr. Zeserson stated the next business is review of the OMTU district. The first item he
would like to discuss is the need for each member to state any personal conflict of
interest. The Town Attorney is reviewing and stated this should be done and any member
who has a conflict me consider recusing themselves . He asked each member to state their
name and potential conflict.
Mr. Zeserson stated he does not have a gas lease on his property, he has been active in the
educational movement. He feels he is open minded after 3 years of educating himself he
has distinct opinions but still willing to listen. He has had conversations with 100 ' s of
residents and has not found one who favors hydrofracking.
Ms. Adams stated she has no involvement with the industry, she is open minded yet has
her own opinions, she may have signed a petition but not sure.
Mr. Hawkes stated he has no lease or involvement, he has signed a petition against
hydrofracking .
Mr. Fry stated he has no financial interests, he did sign a petition, he is open minded. His
primary concern with joining the Planning Board was helping the Comp Plan move
forward with limiting heavy industry in the town.
Ms . Schneider stated she honestly does not know if she has a financial interest, they own
many stocks of which she is does not know about. She works at Cornell University and
has assisted in providing the Governors Committee with information on the impact of
hydrofracking. She considers hydrofracking a subset of a bigger set of issues which is
Planning Board
03 / 16/ 11
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Heavy Industry. She would like to address all of these types of industry, do we want this
in our town.
Mr. Wertis stated he does have a contract with Chesapeake . It has been in place for 5
years . He thought he was clever in that he would not allow exploratory drilling, what he
was not aware of is it has an automatic 5 year extension. He is in discussion with
Chesapeake as to how to terminate the lease, he was sent checks of which he is unsure
what to do . They are all more aware of hydrofracking and he is trying to renegotiate the
lease . His son has instructed him to keep the checks, he would like to send them back, but
then thought he may donate them to the Town. He would donate the checks to the Town
with the intention of establishing an account to develop open space. They would need to
pass a local law to do this . He does feel he is open minded dealing with this issue and he
did sign a petition.
Mr. Beames : stated he does not have any financial interest he is concerned due to high
impact of heavy industry to the town. He does feels he would be open minded.
Ms Schneider asked who would be reviewing the Board regarding needing to recuse
themselves .
Mr. Zeserson stated the Town Attorney is looking at the guidelines, legality especially if
individuals have signed the petition and being active in education. Would this create legal
problems down the road is a question being addressed .
He stated the, has employed Jon Kantor, former Director of Planning for Town of
Ithaca, he hats been contracted for a short term, part time basis . He has been asked by the
Town to review the OTMU document and assist them in drafting/editing as needed.
Mr. Kantor distributed a document he had prepared indicating Preliminary Observations,
this included the rationale and bases as well as specific sections being discussed.
The members and Mr. Kantor held a lengthy discussion that concluded with the following
being acceptable uses within this area:
The area this zone should include was discussed. It was agreed the section indicated on
the Comprehensive Plan would be a good place to start however the members could see
expanding this area. The residential lots that exist here could remain residential
(grandfathered) however if the property sold would it be classified as light industrial
only. This topic needs to be reviewed/evaluated by the consultant. Reiview the
boundaries, current uses for compatability, lookout for nonconforming uses . Property
values could diminish/increase, what impact does this zoning have on values.
Current uses by businesses was reviewed, Gimme Coffee, Antique Mall, Regional
Access, residential areas . The Board would prefer to not have a "strip mall" effect in this
zone . Light impact industrial uses does it allow for sand/gravel removal from farms, can
they prohibit this under Ag and Markets law. If they prohibit too much can they get into
trouble . Discussion of why some items are allowed under special permit, in addition why
are some reviewed by ZBA vs . Planning Board. It was noted that Al and A2 should be
reviewed by Planning Board others would go to the ZBA for review.
Mr. Zeserson MADE the MOTION, Ms . Schneider SECONDED the MOTION for the
paragraphs to be renumbered . State of Purpose to be 14 .2 should be 14 .2 . 1 The following
paragraphs should follow as well . ALL IN FAVOR, Motion Approved.
The members discussed further not excluding Ag or residential in this zone. If not said
then items would not be allowed. Caution needed to be taken as some of these items are
not allowedlin other sections of the town. Envision what they are creating while
reviewing permitted uses . Use of a ratio of permitted uses, to define ratio what is truly
industrial. How to determine the ration.
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Lots in this zone are in the current Ag District. The document was reviewed by Liz and
Kevin. Large farms in this zone could result in manure ponds, Conservation Zone was out
of the Ag and Market area thus did not have this conflict. Agricultural commerce would
be allowed under Ag and Market law, should have Ag uses reviewed under Site Plan and
are authorized to do this.
Peter offered to do revisions of the map to reflect the Comprehensive Plan stated areas .
The meeting continued with what the members would like to accomplish, set the
boundaries, list out uses, review for what would require Site Plan. Would they
incorporate Jacksonville to this area.
Ms . Marino discussed the history of the "Purple Zone" on the Comprehensive Plan, it
would not be a separate Business Zone. County planning was very concerned with this
area being made a development node. The Route 96 corridor study indicated Jacksonville
was a node as well as Cayuga Medical Center. They strongly feel this is not a good
addition to the area. The Comprehensive Plan Committee had to make assurances this
would not happen.
Ms . Thomas reiterated this and stated the Committee had reassured the County this would
be a mixed use area that would support Hospital and Jacksonville residents . The County
accepted this plan.
Mr. Hawkes stated he remembers this conversation and also stated it supported the Route
96 corridor study.
The physical location of this zone was discussed. The additional curb cuts, location of
Krums Corners Road and line of sight being a problem for this zone. Members envision
light industry o include service/retail to support the industry, e. g. banks, pharmacy,
stopping points for Trumansburg/Ithaca commuters .
The current has permitted uses for the hamlet district. Would these be viable uses for this
zone, there is some confusion due to title, Mixed Office Technology Use zone. The
Board is trying to project future uses based on Comp . Plan. The Comp . Plan states uses
Are office, research, development, light industry, overnight lodging, commercial/business
services to support the people there .
The members reviewed uses and developed the following list as a preliminary list of
allowed uses per discussion tonight.
Adult Entertainment
Agriculture and Agricultural Commerce
Garden Supply Centers
Artist's Studios
Banking Outlets
Business Directional Signs
Business and Professional Offices
Research and Development Enterprises
Light Impact Industrial Use (definition needs clarification)
Restaurants, Bars, Food Service, Catering
Public Utilities
Conference Center
Hotel or Motel
One Family Residences
Antique Stores
Office Services
Health and Fitness Facilities
Child Care Centers
Indoor or Outdoor Recreational areas or Park.
Respectfully submitted,
Planning Board
03 / 16/ 11
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Robin Carlisle Peck
Secretary
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Planning Board
03 / 16/ 11 Page 4
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Town of Ulysses
Special Town Board Meeting
March 16 , 2011
Present : Supervisor Roxanne Marino ; Councilpersons, Kevin Romer, Elizabeth Thomas and ;
Town Clerk Marsha L . Georgia.
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Absent : Councilpersons Lucia Tyler and David Kemess .
Others present : Chairman of Planning Board Ken Zeserson and Planning Board Member
John Wertis (arrived at 10 am)
Ms . Marino called the meeting to order at 9 : 00 a. m .
Cleaning Contract
Ms . Georgia spoke with Ms . Porter about the cleaning contract and made a couple of changes to
the contract . Ms . Marino reviewed and the Board concurred with the minor changes of deleting
cleaning of the blinds and adding coming on Wednesdays when the weather permits . The amount
of the contract will remain at $ 703 . 84 . Ms . Georgia will contact Ms . Porter for her signature.
Meeting Date
The Board needs to reconsider a date for the 3rd meeting of the month . It is now set for the 3rd
Wednesday and that turns out to be a pre-trail day for the court . The Board will rethink the date
or the time of the meeting.
Road Assessment Study
Ms . Marino shared some more information about the road assessment study and her meeting
with Highway Superintendent James Meeker. The Board concluded that Ms . Marino should
contact Labella and get a quote from them .
Meeting with Jonathan Kanter
Ms . Marino said that Mr. Kanter is working on an outline of tasks and also an outline for the
Planning Board on steps to take with their review of the Zoning Law and changes before them.
Resolution to Set High Impact Industrial and Mixed Use Office & Technology Zoning Law
Changes as a Top Priority
Ms . Thomas introduced the following resolution to be acted on at the Special Board meeting to
be held March 22 , 2011 at 7 : 00 p .m .
Resolution to Set High Impact Industrial (HII)
And
Mixed Use Office and Technology (MUOT) Zoning Law Changes
As a Top Priority
WHEREAS , at the January 25th meeting, the Ulysses Town Board passed a resolution titled
Time Line for Revisions of the 2007 Zoning Law which outlines a three-phase plan for
considering the many proposed changes to the Town' s current zoning laws in order to ring them
in line with the 2009 Town of Ulysses Comprehensive Plan (see adopted outline below), and
WHEREAS, the first phase includes improving definitions of light and heavy industry to include
environmental parameters and consider an explicit ban of heavy industrial activities Town-
wide as well as other activities that dovetail with these zoning changes, and
WHEREAS, the Town Board voted in supermajority to "accept the proposed timeline to use as a
work plan to move forward with the revisions of the 2007 Zoning Law".
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THEREFORE BE PIT RESOLVED , that the Town Board reaffirms that the zoning changes to the best of its
as outlined in Phase I are the highest priority and the�� Board Hilgh work act Industrial Use
ability to amend the Ulysses Zoning Law to include
Mixed Use Office and Technology in the time frame outlined in the Resolution of January
25 , 2011 titled Time Line for Revisions of the 2007 Zoning Law .
BE IT ALSO RESOLVED, that the Town Board acknowledges it must simultaneously yn adhere
to its duties as spelled out in applicable New York State laws an d address topics of
the Town or Town residents as the law prescribes and in a timely manner.
Attorney Geldenliuys ' s Opinion on Recusal
A question was raised about the participation of certain Planning gBoard ted e be s on the
hi
update
of the proposed zoning change "establishing certain explicitly p
impact industrial uses" .
Ms . Geldenhuys mailed her opinion and the opinion from the Office of the Attorney General .
The two concerns at present that may raise some legal concerns along in the p process
with Mr. Zeserson, Chairman of the Planning Board who has had such an active voice in
committees identifying impacts of hydrofrackmg gas drilling and Mr. Wertis who has a gas lease
on his property.
Ms . Geldenhuys ' s opinion is that both should recuse themselves w t Pln Board works
on the abovemeritioned proposed zoning law change s dealing g high-impact industry zoning.
The Board concurred with Ms . Geldenhuy' s opinion, but they
d onhhe attorney' s opinion
Zeserson and Mr`. Wertis to do this , only recommend they do so based
and possible legal ramifications in the future .
The Board spoke with both Mr. Wertis and Mr. Zeserson about their concerns . Mr. Zeserson said
that he is prepared to announce that he will be recusing himself from actions at tonight ' s
Board ;meeting. Mr. Wertis said that he felt it is not necessary requesting
nd h gave the Town from
Board his reasoizing — 1 . He is writing to the lease-hold company o
the lease, and 2 . The checks he has received from the renewal of his lease he would like to
donate to the Town.
on of the
The Board discussed the participation of Mr. Wertis
Board felt that they wo uild be able to
zoning law update that covers light industrial .
on that portion of the update .
Ms . Marino moved, seconded by Mr . Romer the following resolution :
In light of the ongoing research by Planning Board as rel tad to Phase 1 potential
conflict of interest of some memb ers of the P
zoning ;changes as outlined in the Town Board resolution adopted Jan. 25 , 2011 ;
The Town Board hereby instructs the Planning Board not to review or discuss any
portion of the Community Environmental Defense Council presented to
the Town Board on February 8 , 2 beyond P e 20 , or that addresses any
aspect of high-impact industrial zoning.
This action amends the Town Board resolution adopted March 1 , 2011 , entitled
"Planning Board request to review high-impact industrial and office technology &
mixed-use zoning law" .
Ms . Marino aye
Ms . Thomas aye
Mr. Romer aye
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Adopted
Hearing no further business the meeting adjourned at 11 : 20 a.m .
Respectfully submitted,
Marsha L. Georgia
Ulysses Town Clerk
MLG : mlg
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