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HomeMy WebLinkAbout2013-08-27-WTB TOWN OF ULYSSES WORKING MEETING AUGUST 27 , 2013 Audio available : http ://www.ulysses . ny .us/council/tbmeetings/ Present : Supervisor Elizabeth Thomas ; Councilpersons Lucia Tyler, Nancy Zahler, David Kerness, and Kevin Romer; Environmental Planner Darby Kiley; Town Clerk; Marsha Georgia Others Present : Jack & Diana Fallenstein, Susan Ettinger, Louise Terry, Marlene & Ed Wolf, Pete & Doris Houghton, Tim & Betsy Fallen, Ken Avery, Heinz & Anna Riederer, Frank & Gail Flannery, Marilyn Tsapis, Lawrence McCann & Cheryl Chalmers . Approval of Agenda Ms. Thomas moved, seconded by Ms . Zahler the following : • add a 10 minute privilege of floor to the agenda • edit the minutes of 7/23/2013 to add Mr. Hartill ' s written statement to the minutes for clarification but leave what was originally written when adopted • table discussion "truck for water district operator" Old Business (d) Ms . Thomas aye Ms . Tyler aye Ms . Zahler aye Mr. Kerness abstained Mr. Romer aye Adopted Ms . Thomas said the Village has notified her that they plan on having an EMS/Fire budget meeting in September on the 17th or 19t . She will advise the Board when a definite date is set. PRIVLEDGE OF THE FLOOR Ms. Houghton reviewed the procedure of executive session from the "open meetings law". Ms. Flannery said that at the end of July a petition was presented to the Town with 110 signatures asking that the Town Board consider a fair and valid survey to find out what people who are most effected by the Lakeshore Zoning feel and what their concerns and problems are . They are not asking to throw out zoning ; we want you to find out what the people want and or need. I asked before what the Board planned on doing with the petition and the answer I got at the time was that non-conforming was being worked on at this time . I would like a decision. Peter Houghton addressed the non-conforming issue that was addressed last week. Tonight he would like to address the non-conforming structure on a non-conforming lot that is being allowed to be built from the inside out in a non-conforming way by doing re-modeling. Why can' t it be added that the additional step of having a nonconforming structure on a nonconforming lot be willfully demolished and re-built by the owner as long as they keep the same footprint. Heinz Riederer said that a letter was written that the Board would have an answer by August 20th with a decision on the survey. Lawrence McCann said that at last night ' s Democratic Caucus the Supervisor made reference to a survey, the same survey that is on the web site . Not all residents got that survey but a month ago a petition where 110 people requested to stop this process until a proper survey is done was submitted to the Board. Ms . Thomas corrected Mr. McCann that it was the survey for the Comprehensive Plan that she was referring to at the Caucus . Working Town Board Meeting 2 August 27, 2013 OLD BUSINESS Mini-Golf Development District — finalize language Ms. Thomas, moved, seconded by Ms. Zahler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses excepts the draft amendment dated August 14 , 2013 for the proposed local law and, FURTHER RESOLVED sets the Public Hearing on proposed Local Law # 1 -2013 for September 10, 2013 at 6 : 45 PM. LOCAL LAW NO. 1 OF THE YEAR 2013 A Local Law to Amend the Town of Ulysses Zoning Law ("the Zoning Law" ) . SECTION 1 . Article XVI of the Zoning Law, entitled " Development Districts", shall be amended by deleting all provisions pertaining to Development District No . 11 . SECTION 2 . The Zoning Map referred to in Article II of the Zoning Law shall be amended to include the property described below in the A- 1 Agricultural District : ALL THAT TRACT OR PARCEL OF LAND situated 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 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, 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 at 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 a survey map entitled " SURVEY MAP SHOWING LANDS OF DAYID G . KLINE LOCATED ON NYS RTE. 96, TOWN OF ULYSSES , TOMPKINS COUNTY, NEW YORK" completed by T. G. Miller, P . C . , Engineers & Surveyors, dated 5/21107; 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 86° 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, being that portion of Parcel A on the above referenced survey maps that was formerly located in Development District No . 5 as shown on the aforementioned survey map . Working Town Board Meeting 3 August 27, 2013 SECTION 3 . This local law shall take effect upon filing with the Secretary of State . Ms . Thomas moved, seconded by Ms . Zahler the following : Ms. Thomas aye Ms . Tyler aye Ms . Zahler aye Mr. Kerness aye Mr. Romer aye Adopted . NON-CONFORMANCE ZONING finalize language (discussion can be heard at http ://www.ulysses.ny.us/council/tbmeetings/ ) The Board reviewed the language of the Non-conforming Zoning dated August 20th, 2013 . The changes that were made previously have been included in this draft. The Board reviewed the document and made some additional changes and corrections . The new revisions will be put up on the web page along with the other related documents . Ms. Thomas moved, seconded by Ms . Zahler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses set a Public Informational Meeting on the changes to Article XX-Nonconformance for September 10, 2013 at 6 PM . Ms . Thomas aye Ms . Tyler aye Ms. Zahler aye Mr. Kerness aye Mr. Romer aye Adopted Lakeshore Zoning Review (discussion can be heard on the web site at http ://www.ulysses.ny.us/council/tbmeetings/ ) Ms . Thomas reminded everyone that this is a working document and she understands that the Town is meeting with a surveyor to talk about the water rights line . Ms . Thomas said that after the Town finishes the reviews of the Lakeshore Zoning they need to circle back and look at any comments that have been submitted from the public and make sure the Board is comfortable to move ahead . Ms . Thomas reminded everyone that the Attorney has not yet reviewed this and the County also needs to review. Ms . Thomas addressed the question on the "petition for a survey request". The topic is not straight forward and she wanted the public to know the decision is difficult there are different options . Any zoning changes that the Town makes are guided by the Comprehensive Plan and that is what we have to use. The Comprehensive Plan did include a survey that was sent to every property owner back in 2006 . There were two workshops that were very well attended by the Ipublic . The Town' s Attorney has said that it is not typical that a survey would be done for a specific zoning area. Any survey would be town-wide not just for a specific zoning area for a specific zoning change. There were two zoning committees ; the original that worked on Lakeshore Zoning and the most recent ad hoc committee, two subsequent public information meetings, which received many public comments. The advice from counsel received by the Town was to not do another survey on the desirability of the zoning change because the Comprehensive Plan should be the Board ' s guide. Once again when the next draft of the Lakeshore Zoning is completed the public will have an opportunity to give comments on the parts of the zoning that they find a problem . The Board will be listening and be very interested in the specific comments on specific parts of the zoning . Working Town Board Meeting 4 August 27, 2013 The Board re-convened the discussion of the Lakeshore Zoning draft on page 9 and made corrections and changes . This revised document will be on the web site . NEW BUSSINESS Village Police Protection — review of meeting Ms. Zahler said that the purpose of the meeting was to respond to the Village' s request for Town authorization to have Village Police provide full law enforcement responsibilities in the Town, when called by the Dispatcher or a resident. The Village wanted to gauge the Town's interest in exploring a Memorandum of Understanding that would allow the Village to respond to crimes committed in the Town. Ms . Zahler gave the background that was discussed with the Village and Sheriff Lansing. Ms . Thomas and Ms . Zahler asked a series of questions about the nature of the problem, the reason for the request, and whether there were other ways for the Village to have this authority, other than having the Town enter into a MOU. Ms . Zahler reviewed the discussion and the options that were presented by the Village and Sheriff Lansing . The Board expressed a number of concerns including possible future cost and liability and discussed the next steps . Board members felt the Village should present something to the Town Board in writing that they would like to proceed with. Hearing no further business the meeting adjourned at 9 : 30 PM. Respectfully submitted, Marsha L. Georgia Town Clerk