HomeMy WebLinkAbout2014-12-16-PB-FINALTOWN OF ULYSSES
PLANNING BOARD
12/16/2014
Meeting Minutes
Approved: 11612015
Present: Chairperson John Wertis, Sarah Adams, David Blake (arrived at 7:04 p.m.),
Andy Rice, David Diaz, Craig Salino (alternate), Environmental Planner Darby Kiley,
Town Board Liaison Richard Goldman.
Members of the public present: Rudy Nunez
1. Call to Order at: 7:01 p.m.
2. Agenda Review; Minutes Review (12/2/2014)
Mr. Rice MADE the MOTION to approve the 12/2/2014 minutes. Ms. Adams
SECONDED the MOTION as follows:
Mr. Wertis AYE
Ms. Adams AYE
Mr. Diaz AYE
Mr. Rice AYE
Mr. Salino AYE
Result: Minutes for 12/2/2014 approved
Planning Board Member David Blake arrived at 7:04 p.m.
3. Privilege of the Floor
There were no public comments.
4. Consideration of SEQR and Minor Subdivision approval for a 3 -lot subdivision at
1607 Trumansburg Rd, Tax Parcel Number 33.-1-8.12, IL -Light Industrial and R2 -
Moderate Density Residence Districts. The Board of Zoning Appeals granted area
variances for Parcel A (front yard setback and lot coverage) and Parcel C (side and rear
yard setbacks and lot coverage). Parcel A is 1.17± acres and includes an existing building
that houses Howl Studios; Parcel B is a 3.95± acre vacant parcel; and Parcel C is 2.03±
acres with an existing building that houses the Ithaca Antiques Mall. James Curran is the
owner/applicant.
Mr. Diaz MADE the MOTION to open the Minor Subdivision discussion, and Mr. Blake
SECONDED the MOTION.
Planning Board 2
December 16, 2014
The vote was UNANIMOUSLY in favor.
Mr. Nunez gave a brief overview of the project at Ithaca Antique Mall and Howl Studios,
whose tenants include musicians and crafts people. He has managed Howl Studios for
nearly four years and intends to purchase the building from Mr. Curran. Howl Studios
was recently outfitted with a new water line but is seeking out a plumber to hook the new
line into the building.
Ms. Kiley said the Town's Board of Zoning Appeals has previously reviewed the
subdivision project and granted approval for area variances. When the project was
presented about a year ago, the Board of Zoning Appeals did have some concerns about
the septic system because it was to be a shared system. The project has since been
updated, and each building will have its own septic system. The Health Department has
given its approval.
Planning Board members briefly discussed a nearby steam/ditch on the property and
whether or not a septic system was too close to it. Mr. Diaz noted that, if the waterway
was indeed a stream, it was just 10-20 feet away from the proposed septic system. Ms.
Kiley said the septic system setback is the purview of the Health Department, which has
given its approval.
SEAR Determination
Ms. Adams noted that access to Parcel A cannot be made without driving through Parcel
C. Ms. Kiley said she asked Mr. Curran about that and an easement for access will be
granted. No new driveway is planned.
On the recommendation of Mr. Diaz, the Planning Board agreed to add language stating
that SEQR approval is made under the condition of such an easement.
Mr. Blake MADE the MOTION to approve the SEQR resolution with minor revisions,
and Mr. Wertis SECONDED the MOTION as follows:
WHEREAS:
1. This is consideration of Minor Subdivision Approval for the proposed three -lot
subdivision located at 607 Trumansburg Rd, Tax Parcel Number 33.-1-8.12, IL -
Light Industrial and R2 -Moderate Density Residence Districts; James Curran,
Owner/Applicant; and
2. This is an Unlisted Action for which the Town of Ulysses Planning Board is
acting in this uncoordinated environmental review with respect to Subdivision
Approval; and
3. The Planning Board, on December 16, 2014, has reviewed and accepted as
adequate a Short Environmental Assessment Form Part 1, submitted by the
Planning Board 3
December 16, 2014
applicant, Parts 2 and 3, prepared by Town staff, and other application materials,
and the Planning Board understands that the applicant will create a deeded
easement for access from Parcel C to Parcel A; and
4. The Town Zoning Officer has recommended a negative determination of
environmental significance with respect to the proposed Subdivision Approval;
NOW THEREFORE BE IT RESOLVED:
That the Town of Ulysses Planning Board hereby makes a negative determination of
environmental significance for the reasons set forth in the Environmental Assessment
Form Parts 2 and 3 referenced above, in accordance with the New York State
Environmental Quality Review Act for the above referenced action as proposed, and,
therefore, an Environmental Impact Statement will not be required.
Mr. Wertis AYE
Ms. Adams AYE
Mr. Rice AYE
Mr. Blake AYE
Mr. Diaz AYE
Result: SEQR Resolution for a negative declaration passed.
Resolution for Simple/Minor Subdivision Approval
Mr. Wertis MADE the MOTION to approve the subdivision, and Mr. Blake SECONDED
the MOTION as follows:
WHEREAS:
1. The Town of Ulysses adopted subdivision regulations in the Zoning Law, most
recently amended by Local Law No. 3 of 2014, which includes Article XXI —
Land Subdivision Regulations, Section 21.3 establishing Subdivision Procedures;
and
2. The Owner, James Curran, submitted the required documents, and paid the fees
for a Minor Subdivision; and
3. The proposed Subdivision is located at 1607 Trumansburg Rd, Tax Parcel
Number 33.-1-8.12, IL -Light Industrial and R2 -Moderate Density Residence
Districts, and the Parcels A and C were granted area variances by the Board of
Zoning Appeals on November 19, 2014, and Parcel B meets the zoning
requirements; and
4. This is an Unlisted Action for which the Town of Ulysses Planning Board, on
December 16, 2014, has made a negative determination of environmental
significance with respect to this project, after having reviewed and accepted as
adequate a Short Environmental Assessment Form Parts 1, 2 and 3; and
Planning Board 4
December 16, 2014
5. The Planning Board, at a Public meeting on December 16, 2014, has reviewed
and accepted as adequate the map entitled, "Survey Map Showing Lands of James
M. Curran, Located at No. 1607 N.Y. S. Rte. 96, Town of Ulysses, Tompkins
County, New York," dated 1/14/2014 and revised most recently on 11/13/2014,
by T.G. Miller P.C. Engineers and Surveyors, and other application materials; and
6. The Town of Ulysses Planning Board has given due consideration to all
information and comments in conducting the Subdivision Review; and
7. The Planning Board hereby waives the public hearing;
THEREFORE IT IS HEREBY RESOLVED,
1. For the foregoing reasons, the Planning Board determines that certain
requirements of the subdivision regulations are not required to protect the public
health, safety and general welfare; and
2. That the Town of Ulysses Planning Board hereby waives certain requirements for
Preliminary and Final Subdivision Approval, as shown on the Subdivision
Checklist, having determined from the materials presented that such waiver will
result in neither a significant alteration of the purpose of subdivision control nor
the policies enunciated or implied by the Town Board; and
That the Planning Board of the Town of Ulysses hereby approves the Minor Subdivision,
as shown on the map entitled, "Survey Map Showing Lands of James M. Curran, Located
at No. 1607 N.Y.S. Rte. 96, Town of Ulysses, Tompkins County, New York," dated
1/14/2014 and revised most recently on 11/13/2014, by T.G. Miller P.C. Engineers and
Surveyors, subject to the condition that a deeded access be granted from Parcel C to
Parcel A.
Mr. Wertis AYE
Ms. Adams AYE
Mr. Rice AYE
Mr. Blake AYE
Mr. Diaz AYE
Result: Resolution for simple/minor subdivision passed.
5. Continue Zoning Law revision work
Ms. Kiley informed the Board that the Town has been awarded $40,000 in NYSERDA
grant funding to hire a consultant to aid in continued zoning work. She is reviewing the
State's timeline associated with the grant, and the Town can begin crafting a formal
Request for Proposal for the consultant.
The ensuing discussion focused on how the Town will provide direction to the consultant.
Planning Board 5
December 16, 2014
Mr. Wertis said the Town has historically formed separate committees to work on zoning
updates.
Mr. Kiley indicated that the Town specified in the grant application that a steering
committee made up of Town Board, Planning Board and Board of Zoning Appeals
members and others residents would guide the work.
Mr. Wertis said he spoke with Town Board members and suggested that the future
steering committee participate in a workshop to clarify what can and cannot be done with
zoning.
Ms. Adams added that Planning Board members, regardless of whether or not they are
chosen for the steering committee, should craft a list of their top -five priorities to address
within the Town's zoning document. The zoning update process should reference zoning
reports that have already been completed, specifically the Ag Plan prepared by Bergmann
Associates. Prior to crafting an RFP for the consultant, it is important that the Planning
Board has some sense of focus areas.
Mr. Rice said he would like the consultant to review Town zoning law for any
vulnerability. Ms. Adams said guidelines for site plan review are one such area in which
the Planning Board has nothing firm to fall back on.
Mr. Wertis said zoning topics like excavation, fill and grading — particularly in the
Town's Lakeshore and Conservation zones — should be focus areas.
Ms. Adams added that the Planning Board has no opportunity to comment on what comes
before the Town's Board of Zoning Appeals and that she senses a disconnect between
zoning within the Town's Comprehensive Plan and what the Board of Zoning Appeals is
doing with Lakeshore Zoning. She said anyone who wants a variance seems to get it,
making a mockery of the zoning.
Mr. Diaz asked if information is shared between the Planning Board and the Board of
Zoning Appeals.
Planning Board members said no.
Ms. Kiley said there is nothing within Town zoning that says the Planning Board is to
provide comments to the Board of Zoning Appeals.
Mr. Wertis referenced the City of Ithaca, saying the City's planning and zoning boards
communicate with one another because zoning law states that they are permitted to do so.
A good starting point would be to pass a resolution along to the Town Board that would
give permission to the Town Planning Board to communicate at times with the Board of
Zoning Appeals in a general session.
Planning Board 6
December 16, 2014
The Board's conversation shifted to the topic of excavation and fill.
Mr. Wertis pointed to a stipulation in Town zoning that states that there is to be no
excavation, grading or filling on sites within the Slopes Overlay Area or Unique Natural
Areas unless an engineer reviews the proposed construction. He passed out related
documents specifying excavation thresholds in various towns, including copies of the
Town of Ithaca's Zoning law regarding deposit and removal of fill. He suggested the
Planning Board consider a threshold of 10 cubic yards of fill for construction projects
within the Lakeshore and Conservation zones. He referenced the Town of Ithaca's
deposit and fill laws, saying that it could be mirrored in Town of Ulysses' Zoning within
the Lakeshore and Conservation zones.
Meeting adjourned at 8:31 p.m.
Respectfully submitted by Louis DiPietro on 12/23/14.