HomeMy WebLinkAbout2015-05-19-PB-FINALTOWN OF ULYSSES
PLANNING BOARD
MEETING MINUTES
May 19, 2015
Approved: 612115
Present: Chairman John Wertis, Board Members: Sarah Adams, David Diaz, Andy
Rice, David Blake (arrived at 7:02 p.m.), and board alternate Craig Salino;
Environmental Planner Darby Kiley; Town Board Liaison Richard Goldman.
Mr. Salino was named a voting board member in place of David Blake.
Call to Order at: 6:57 p.m.
Agenda Review; Minutes Review (5/5/2015): In light of a recent change to designate
the Board's second monthly meeting as a work meeting, Ms. Adams requested that the
meeting be recognized as such. Mr. Wertis honored that request.
Mr. Wertis MADE the MOTION to approve the May 5, 2015 meeting minutes with one
minor change, and Mr. Salino SECONDED the MOTION.
Board Member Mr. Blake arrived at 7:02 p.m.
The vote was as follows:
Mr. Wertis AYE
Mr. Blake AYE
Mr. Rice AYE
Mr. Diaz ABSTAINED
Ms. Adams ABSTAINED
Result: May 5, 2015 meeting minutes approved.
Privilege of the Floor: No members of the public were in attendance.
Proposed Open Development Area
Mr. Wertis said the Town has not heard back from Trumansburg Fire Chief Jason Fulton
on a request for further information on whether or not an access road in the ODA could
accommodate the Fire Department's largest truck. He proposed postponing the discussion
until the Board hears from Mr. Fulton.
Having read the previous meeting's minutes, Mr. Diaz asked for clarification on just what
the Planning Board is being asked to do. In his opinion, the proposed ODA is located in a
Unique Natural Area and near to the shoreline in the Lakeshore District. The proposal
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violates both Town Zoning and the Town Comprehensive Plan, and he does not see how
the Planning Board could ever recommend its approval.
Ms. Kiley said the property in question is an existing non -conforming lot, which may be
developed because it is grandfathered. Any new structures on the property need to meet
setback requirements. Mr. Diaz asked if the Planning Board is tasked with interpreting
Town law. In response, Ms. Kiley said it is New York State Law that requires properties
to have road access for emergency vehicles. The property owner will need to go through
the Site Plan Review process, but the Town has yet to receive a complete proposal. The
applicant first needs a building permit, but cannot legally get one without first having
road access for emergency vehicles.
Ms. Adams said she and Mr. Blake had similar concerns as Mr. Diaz. Both Ms. Adams
and Mr. Blake met to discuss the ODA and developed a proposed alternate resolution to
the Town Board that recommends denying the ODA. Mr. Blake said there is no reason
not to address some of the major issues involved with the ODA. He finds the whole idea
scary. The Planning Board has heard no feedback from neighbors, and there is nothing to
show that all neighbors have agreed as to who would maintain the roadway. What about
cutting back of branches? He is not convinced — even with a recommendation from Mr.
Fulton or an engineer — that the access road could accommodate emergency vehicles.
Homes in the ODA are close together, and it is likely that a house fire could spread to
neighboring homes. These concerns are cause for trepidation in granting the ODA.
Ms. Adams added that there is also the issue of the Unique Natural Area to consider. At
this point, the Planning Board has no idea what would make the access road suitable to
meet state fire code. To not even mention the Unique Natural Area and the potential
impact on it is irresponsible on the Planning Board's part. Also, attempting to open up
that area for development when it clearly conflicts with Town Zoning does not make
sense. It is the Planning Board's responsibility to point these concerns out to the Town
Board.
Mr. Rice said the issues are something to be concerned about, and Mr. Salino said the
alternate resolution is a good step, though he is not sure of the legality of certain
conditions within the resolution.
Mr. Wertis suggested Planning Board members review the alternate resolution and re-
address it at the Board's next meeting.
Mr. Goldman pointed out that, at its previous meeting, the Planning Board had intended
to consult an engineer on the access road. Ms. Kiley said she first wanted to hear from
Mr. Fulton before proceeding. MRB Group recommended a third -party engineer examine
the access road, and then MRB would respond.
In regard to potential development in the ODA, Mr. Wertis believes that the lakeshore
parcels in question cannot be subdivided, so no more homes could be built there. Two
other larger parcels in proximity are buildable, but he is not sure if they can be
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subdivided. Ms. Kiley indicated that based on the current zoning they could not be
subdivided.
Responding to Mr. Goldman's question of an engineer's review, Ms. Adams said the
Town should not request that the applicant hire an engineer to examine the roadway if the
Town Board is considering denying the ODA. The applicant should know that the ODA
could be denied and that hiring an engineer to review the roadway is premature.
The Planning Board reached a consensus to discuss questions to put to the Town's
Counsel. Board members formulated several questions, which Ms. Kiley noted and will
pass on to the Town Attorney.
Mr. Diaz asked which came first: the pre-existing parcel in the ODA or the Unique
Natural Area designation. Ms. Kiley said the parcel pre -dates the UNA. The land was
developed back in the 50s or 60s.
Solar Regulations
Ms. Kiley explained that, as Town Zoning currently stands, it is prohibited to install a
large-scale (500 kW) solar panel array with the express purpose of selling the power back
to NYSEG. She has been reviewing laws in other municipalities to get a better idea of
how solar installations are regulated. The Town of Ulysses needs to explore the addition
of appropriate definitions related to solar projects, consider design standards and solar
access regulations, and decide in which districts solar arrays would be allowed. A memo
circulated by Ms. Kiley outlines two different ideas for how to classify solar array
projects in terms of size: either by kilowatt size or square footage of the array. Melissa
Kemp of Solar Tompkins, who Ms. Kiley has consulted, has suggested basing the size on
the project's kilowatts: 0-50 kW (small); 50-250 kW (medium) and > 250 kW (large).
Ms. Kemp also offered general space requirements for ground -mounted solar projects,
with a 1 -megawatt system taking up a little more than 5 acres.
Ms. Adams said she would have an issue with the wide range between 50 and 250 kW of
what is considered a medium-size project. That is significant in terms of property and
impact. The Planning Board may want to consider anything up to one acre as medium,
whereas anything over an acre is large. Mr. Wertis said it may be easier for the public to
understand if project size was presented in terms of area rather than kilowatts.
Referencing the Town of Geneva's Zoning Law, Ms. Kiley said any solar project above
4,000 square feet is considered major. NYSERDA maintains an online map of solar
projects in the area, she said in response to a question from Mr. Salino.
The discussion briefly turned to the height of ground -mounted solar projects. Mr. Wertis
said some municipalities cap the height at 15 feet. He knows of one pedestal mounted
system in Town that turns with the sun, and it may exceed 15 feet. Ms. Kiley noted that
Town Zoning allows for a 20 -feet maximum height on accessory structures. Cornell's
large installation in Lansing is no taller than 6 feet.
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Mr. Goldman said the fundamental question to ask is how important is it to the Planning
Board to stimulate solar power, and are other regulations going to foster that or hinder it?
The Town Board's sense is we want to promote solar as much as possible.
Mr. Blake said he is a firm believer in solar energy as well as property rights. He would
like to see changes to existing zoning, but neighbors should also be made aware when
someone intends to install a solar -power system. It is wrong for neighbors not to be
notified.
On the subject of districts, Mr. Diaz pointed to a satellite map of an example of a ground -
mounted system and noted that, at 120 -by -135 feet, the array was far bigger than the
house on the property. Perhaps a project of that size is fine out in rural areas, but he
wonders if there will be issues with size in the future.
Ms. Kiley said the Lakeshore District has no appropriate places for medium or large-scale
ground -mounted arrays, and, further, the Town does not want to encourage residents to
cut down trees in order to accommodate one. In the Hamlet District, the focus is on dense
residential. It is a trickier scenario with Parks and Rec land, and she suggested prohibiting
large-scale projects.
Ms. Adams said she would like to see design guidelines for solar projects. Ms. Kiley said
the Town of Geneva, for instance, has design standards, requires Site Plan Review,
outlines areas of sensitivity and establishes parameters for lot coverage and setbacks. The
Town of Ulysses would be looking at something similar to the Town of Geneva's
regulations. In response, Ms. Adams said she would want to see design standards,
particularly if a 250 kW system (needing 1.4 acres of space) is considered a minor
project. She also found some of the language for minor systems too vague. Further in the
conversation, Mr. Blake noted that the Town of Geneva parameters had been in effect for
only a year and asked about Geneva's solar project activity since then. Ms. Kiley said
Geneva approved a 2 -megawatt system proposed by a commercial business. Another
project was discussed at Hobart and William Smith Colleges, but it garnered a lot of
controversy, and there were further questions concerning the land on which the solar
array was to be installed.
Mr. Wertis said cooperative solar installations are something to keep in mind. Plus, when
discussing different sizes of solar projects, the Planning Board needs to think about open
fields in the country rather than, say, in the village.
Ms. Kiley said the Town could require that all large-scale solar projects need to be on at
least a 5 -acre parcel to establish buffers on each side. Massachusetts established a similar
requirement. She asked Planning Board members to state their questions concerning solar
projects so she could carry out further research. Mr. Diaz said he had questions
concerning areas of sensitivity, set backs, decommissioning and sizes. Mr. Rice said he
would be interested to hear more about the Massachusetts model, citing its setback
parameters. Such a model could mitigate a lot of the issues discussed by the Planning
Board.
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Town Board Liaison Report: Mr. Goldman offered no report.
Next meeting: The Planning Board then discussed action items for next meeting,
including the re -approval of a previously approved subdivision. Ms. Kiley explained that
the previously approved subdivision on the corner of Swamp College Road and Route 96
in the Hamlet of Jacksonville has since expired.
Elsewhere, Ms. Kiley said the Kearl residence — the subject of the ODA topic — has filed
for Site Plan Review, but the materials are not yet complete. Also, Carl Lupo has recently
submitted a subdivision application for a property on Cold Springs Road and route 96.
Mr. Blake MADE the MOTION to adjourn the meeting, and Ms. Adams SECONDED
the MOTION. The vote was unanimously approved.
Meeting adjourned at 8:21 p.m.
Respectfully submitted by Louis A. DiPietro on May 21, 2015.