HomeMy WebLinkAbout2015-01-06-PB-FINALTOWN OF ULYSSES
PLANNING BOARD
January 6, 2015
Meeting Minutes
Approved: 1120/14
Present: Chairperson John Wertis, Andy Rice, David Blake, Craig Salino,
Environmental Planner Darby Kiley, Town Board Liaison Richard Goldman.
Members of the public present: none.
Call to Order at: 7:00 p.m.
Privilege of the Floor: There were no public comments.
Agenda Review; Minutes Review (12/16/2014)
Mr. Blake MADE the MOTION to approve the 12/16/2014 minutes. Mr. Rice
SECONDED the MOTION as follows:
Mr. Wertis AYE
Mr. Rice AYE
Mr. Blake AYE
Mr. Salino AYE
Result: Minutes for 12/16/2014 approved
It being the Planning Board's annual reorganization meeting, Mr. Wertis began by saying
that the board should ensure that each member has all the necessary tools and resources
to work with. The board is well -organized and up-to-date compared to other years.
Everyone should have copies of the Town Comprehensive Plan, the Town Agricultural
Plan and Zoning Law. There were several resolutions passed by the Town Planning
Board in 2014, and Mr. Wertis suggested copies of each resolution be made available for
the Board's newest members, Mr. Salino and David Diaz.
Ms. Kiley handed out a reference sheet from the James A. Coon Local Government
Technical Series, a resource for municipal leaders.
Planning Board Rules and Procedures
Mr. Wertis said a particular pet peeve of his is when he attends a board meeting and it is
unclear what the procedures are. The Town Planning Board's rules and procedures are
modeled after the Town Board. In effect, the rules state that board members should
respect each other.
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January 6, 2015
Ms. Kiley made additions to the rules and procedures, primarily five sub -items under
section 1.7, Public Notice of Official Meetings. The sub -items read:
(1.7) a. Public notice of the time and place of a meeting scheduled at least one
week prior thereto shall be given to the news media and shall be conspicuously
posted in one or more designated public locations at least seventy-two hours
before such meeting.
b. Public notice of the time and place of every other meeting shall be given, to the
extent practicable, to the news media and shall be conspicuously posted in one or
more designated public locations at a reasonable time prior thereto.
c. The public notice provided for by this section shall not be construed to require
publication as a legal notice.
d. If videoconferencing is used to conduct a meeting, the public notice for the
meeting shall inform the public that videoconferencing will be used, identify the
locations for the meeting, and state that the public has the right to attend the
meeting at any of the locations.
e. When a public body has the ability to do so, notice of the time and place of a
meeting given in accordance with subdivision one or two of this section, shall also
be conspicuously posted on the public body's internet website.
Mr. Wertis said Privilege of the Floor rules would now be included on the back of
Planning Board agendas. He also noted that the number of permissible minutes given to
each member of the public during privilege of the floor needed to be consistent within the
Board's rules and procedures. In section 1. 11, it was noted that the rules and procedures
state that each member of the public wishing to address the board will be limited to two
minutes. Elsewhere, like in section 1.14 (2), it states that the limit is three minutes. The
Planning Board decided three minutes was best.
Planning Board Vice Chair
Mr. Wertis said Ms. Adams has been the Vice Chair of the Planning Board and has stated
that she is willing to continue in that role.
Mr. Wertis MADE the MOTION to name Sarah Adams Vice Chair of the Ulysses Town
Planning Board. Mr. Blake SECONDED the MOTION as follows:
Mr. Wertis AYE
Mr. Rice AYE
Mr. Blake AYE
Mr. Salino AYE
Result: Ms. Adams named Vice Chair of the Ulysses Town Planning Board for 2015.
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January 6, 2015
Resolution: Town of Ulysses Planning Board 2015 Meeting Dates
Ms. Kiley said the meetings list, once approved as a resolution, is sent to local media, and
media are then alerted to any cancelations throughout the year. This is the process for
most towns and their respective boards. Mr. Wertis said he believed the business of the
board should continue even if the chairperson or vice chairperson cannot make the
meeting.
There was further discussion over wording within the meeting dates resolution.
Mr. Wertis MADE the MOTION to approve the Meeting Dates resolution, and Mr. Blake
SECONDED the MOTION as follows:
BE IT RESOLVED, that the Planning Board of the Town of Ulysses adopts the
following schedule of meetings for the Planning Board for the year 2015, where
the board will meet on the first and third Tuesday of each month.
The Town of Ulysses Planning Board will meet at 7:00 PM in the Town of
Ulysses Town Hall at 10 Elm St, Trumansburg.
2015 Schedule is as follows: January 6; January 20; February 3; February 17;
March 3; March 17; April 7; April 21; May 5; May 19; June 2; June 16; July 7;
July 21; August 4; August 18; September 1; September 15; October 6; October
20; November 3; November 17; December 1; December 15
Mr. Wertis AYE
Mr. Rice AYE
Mr. Blake AYE
Mr. Salino AYE
Result: Town of Ulysses Planning Board 2015 Meeting Dates approved.
Planning Board attendance and training policy
Board members then discussed Planning Board attendance and the training policy for
both the Planning Board and the Ulysses Town Board of Zoning Appeals. It was agreed
that the Town's part-time clerk, Louis DiPietro, would maintain the Planning Board's
attendance spreadsheet in 2015. Mr. Wertis suggested the Planning Board review the
attendance spreadsheet in about six months or so.
The subject turned to board member training. Ms. Kiley said the Town typically plans an
in-house two-hour training. She informed the board that the Town has budgeted funds to
pay for local or out-of-town training and workshops related to planning work. She
inquired as to the kinds of training board members would be interested in. Mr. Rice asked
if training and workshops are worthwhile. Ms. Kiley said it is particularly valuable for
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January 6, 2015
new planning board members to learn the ins and outs of the planning process. It is also a
good networking opportunity.
Mr. Blake recalled a recent training seminar at Tompkins Cortland Community College
(TC3) that was very basic and not well presented.
Mr. Wertis noted a local training session involving Caroline Town Supervisor Don
Barber. Intended for any municipal board members, the session focused on how board
members talk and listen to each other. He suggested the board get more specifics on the
extent of the training. He believes the Planning Board is doing pretty well with how it
approaches its meetings and deals with the public and each other.
Mr. Wertis then shifted the board's attention to what it accomplished in 2014, though the
diversity of the work made it challenging to devise a cumulative chart of
accomplishments. The Planning Board has added work with flag lots, further expanding
the board's responsibilities. In short, the Planning Board stayed busy throughout 2014.
Having looked over the year's meeting minutes, Mr. Wertis said he was amazed at the
diversity of the work that came before the board. At the end of October, the Planning
Board examined Town Zoning Law and thought of aspects to change. Several of those
changes have been made. The Planning Board is now working toward a January 30, 2015
deadline for zoning changes because General Code is in the process of consolidating all
Town laws into a single document, to be made accessible online for the general public.
Any zoning work completed by January 30 would be included within the General Code
document. Mr. Wertis asked Ms. Kiley to provide a list of the Planning Board's
resolutions from the past year.
Planning Board Variance Review
Mr. Wertis brought up the topic of a resolution that would request that the Town Board
insert a statement into Town Zoning that would permit the Planning Board to
communicate at times with the Town's Board of Zoning Appeals on the subject of
variances.
Mr. Blake said it was his recollection that the Planning Board tabled the resolution at its
prior meeting. Ms. Adams was planning to speak with Ms. Kiley about how
communication is handled between the Town of Ithaca's Planning Board and its Board of
Zoning Appeals.
Mr. Goldman stated that the Planning Board should make the motion to move the
provision onto the Town Board, if the Planning Board wishes to open communication
lines with the BZA.
Board members discussed appropriate wording to include within the statement. Mr. Rice
asked how many variance requests were made last year. Ms. Kiley said about 14.
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January 6, 2015
Mr. Blake offered the following statement for consideration: "The Planning Board shall
review and may provide written comment on all variance applications to the Board of
Zoning Appeals which, if granted, would subsequently require Planning Board
consideration."
Mr. Wertis said the impetus for the provision came following this past summer, when the
Planning Board took issue with a variance granted by the Town's Board of Zoning
Appeals. The issue got muddled because it was okay for individuals to speak against the
variance. However, the Planning Board had been advised by Town counsel that it was not
permissible for the Planning Board to comment as a single entity on a given variance
request.
Mr. Goldman said it is not permissible because Town Zoning law, as written, does not
explicitly state that such communication is allowed.
Mr. Wertis noted the change in scheduling if the Planning Board were to comment on
variance requests. It would mean that the board would have to come to some conclusion
in a single meeting, a challenge that could possibly delay the variance request process.
Ms. Kiley said applicants would be required to submit necessary materials for variances
before the first of the month.
Mr. Blake MADE the MOTION to approve the Zoning law provision and move it along
to the Town Board for approval. Mr. Salino SECONDED the MOTION as follows:
"The Planning Board shall review and may provide written comment on all
variance applications to the Board of Zoning Appeals which, if granted, would
subsequently require Planning Board consideration."
Mr. Wertis AYE
Mr. Rice AYE
Mr. Blake AYE
Mr. Salino AYE
Lakeshore and Conservation Districts
Mr. Wertis distributed copies of Zoning law in regard to excavation and fill in the
Lakeshore and Conservation Districts. There have been at least two instances that have
caused the Planning Board grief, Mr. Wertis said. When a property owner in the
Lakeshore District proposes moving dirt for a non -structure in a Slope Overlay Area or
Unique Natural Area, Zoning states specifically what should happen. Citing the zoning
law, moving earth in the Slope Overlay Area or UNA is permissible if determined by the
Planning Board to be necessary to prevent erosion. If a property owner wishes to build a
stone wall or put in a pond, they are not permitted to do so unless it is in conjunction with
construction pursuant to a building permit. Property owners wish to do things on their
own property, Mr. Wertis said. He also noted that even if moving fill is necessary to
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January 6, 2015
prevent erosion, a property owner is still required to hire a licensed engineer for a review.
In the Conservation District, the wording is slightly different but mostly similar. In both
districts, permitted uses are only allowed after obtaining a building permit. However, the
Planning Board does not issue building permits, so that pushes the Planning Board and
the Town in the direction of requiring excavation permits. The Planning Board has to
make a proposal that updates the excavation and fill sections within the Lakeshore and
Conservation districts in Town Zoning. Mr. Wertis believes the intention of the
excavation language was to make it more difficult to dig and move fill around in Slope
Overlay and Unique Natural Areas, but the current provisions do not work for the
Planning Board. A resolution that Mr. Wertis distributed aims to correct this. Any
movement of earth, whether excavation, fill or grading, would require an excavation
permit. On the application, the applicant would indicate the number of cubic yards of
earth to be moved. Anything beyond 10 cubic yards of earth would require town review,
while excavation at or below 10 cubic yards would require confirmation at the project site
by the town code officer.
After a brief discussion, Mr. Rice said 10 cubic yards was reasonable. Mr. Wertis said he
is proposing the same changes in the Conservation District. He has no issue with
postponing the resolution until the next meeting to allow board members to consider the
changes. He also said he did not realize the costs involved in requiring a licensed
engineer to review an excavation project.
Mr. Blake said information on the costs associated with licensed engineer review is
needed.
Mr. Goldman stated that he felt a copy of the Town Zoning document should be issued to
the new homeowners whenever a residence within the Lakeshore District is sold.
Mr. Wertis MADE the MOTION to table the discussion until the next meeting. Mr. Rice
SECONDED the MOTION as follows:
Mr. Wertis AYE
Mr. Rice AYE
Mr. Blake AYE
Mr. Salino AYE
Result: Discussion tabled until next meeting.
En2ineerint! Request for Oualifications
Now that the Town has received responses from its Request for Qualifications seeking
engineering services for continued zoning updates, the Town will now organize an
interview committee consisting of two Town Board and two Planning Board members.
Mr. Blake volunteered to be one of the Planning Board members involved in the
interview.
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January 6, 2015
Ms. Kiley stated that any member of the board is welcome to review applications and
provide comments.
Mr. Wertis felt the applicants from Rochester and Binghamton were low in the running
since they were not local. It would be better to find someone closer to home. He asked
Ms. Kiley about the timeline in selecting an engineer. Ms. Kiley said the Town does not
have one yet, and both she and Town Board Member Dave Kerness will sketch one out.
At this time, Mr. Wertis asked Mr. Goldman if he would continue in his role as Town
Board liaison to the Planning Board. Mr. Goldman agreed.
Mr. Blake asked if there has been any progress on the rewording of the Town's definition
of family within its Zoning laws.
Referencing past meeting minutes, Mr. Wertis said each board member was to respond
individually.
Ms. Kiley said she has a particular file for zoning -related matters that will be included in
the General Codes update. She will provide an update on the definition of family for the
next meeting. The Town has been getting push back from some residents who feel the
definition needs tightening. Legally, though, the Town cannot tighten the definition.
Mr. Wertis said it seems to him that some residents are more unhappy with the building
conditions than they are with the occupants.
Ms. Kiley stated the Town does not zone people. Zoning and, more specifically,
redefining a family within zoning law, does not change people and behavior.
Mr. Wertis MADE and MOTION to adjourn the meeting, and Mr. Blake SECONDED
the MOTION. The vote was unanimous.
Meeting adjourned at 8:11 p.m.
Respectfully submitted by Louis DiPietro on 1/14/2015.