HomeMy WebLinkAbout2015-06-02-PB-FINALTOWN OF ULYSSES
PLANNING BOARD
MINUTES
June 2, 2015
Approved: June 16, 2015
Present: Chairman John Wertis, Board Members: Sarah Adams, David Diaz, Craig Salino,
and David Blake; Environmental Planner Darby Kiley; Town Attorney Mariette Geldenhuys;
alternate Town Board Liaison Nancy Zahler, and MRB Engineer Lance Brabant
Members of the Public Present: Diane Hillman, Carl Lupo, Rod Kearl, and Ken Kearl
Call to Order at: 7:00 p.m.
Mr. Wertis said he received word that Andy Rice has resigned from the Planning Board. Board
alternate, Mr. Salino, was appointed as a voting member for the meeting.
Agenda Review; Minutes Review (5/19/2015): No changes to the agenda were made.
Mr. Blake MADE the MOTION to approve the 5/19/2015 meeting minutes with a minor change,
and Mr. Diaz SECONDED the MOTION. The vote was unanimously approved.
Consider resolution to re-approve Hillman Subdivision for 1878 Trumansburg Rd, Tax Parcel
Number 25.-6-8, where the applicant did not file the subdivision in the required 62 days.
Mr. Blake MADE the MOTION and Ms. Adams SECONDED the MOTION as follows:
Whereas, according to Town Law §276 (11), “the owner shall file in the office of the
county clerk or register such approved final plat . . . within sixty-two days from the date
of final approval or such approval shall expire;” and
Whereas, the owner did not file the subdivision that was approved at the October 15,
2013 Planning Board meeting; and
Whereas, according to the applicant, no changes have been made to the subdivision plat
that was approved on October 15, 2013;
Now therefore be it:
Resolved, that the Town of Ulysses Planning Board reaffirms the two-lot subdivision
approval for 1878 Trumansburg Rd, Tax Parcel Number 25.-6-8, H1-Hamlet District, and
authorizes the Planning Board Chairperson to sign and date the subdivision plat.
The vote was as follows:
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Mr. Wertis AYE
Ms. Adams AYE
Mr. Salino AYE
Mr. Diaz AYE
Mr. Blake AYE
Result : Hillman subdivision approved.
Sketch Plat: Cold Springs Rd. Development Project for a five-lot subdivision of Tax Parcel
Number 25.-1-1.1, H1-Hamlet District. Carl Lupo and Leon Newhart Jr, Owners/Applicants.
Mr. Lupo owns the property on Cold Springs Road and State Route 96 and has plans for five
residential lots. Located in the Hamlet of Jacksonville and behind existing homes on Route 96,
the parcel would be better suited for residential rather than larger development, he said. Mr.
Lupo also stated there will be no trailer or modular homes on the planned residential lots. Each
lot wo uld have its own driveway – two via Cold Springs Road and three via Route 96.
In response to a question from Ms. Adams about minimizing the impact on wooded areas and
nearby homes, Mr. Lupo said the plan is to retain the natural environment as much as possible
and to only clear away trees that impede construction of driveways. Homes would be built
successively as each lot is purchased. This summer, driveways will be constructed and the lots
flagged off.
Mr. Diaz noted the proposed development is in the Hamlet District, an area in which the Town
hopes to concentrate housing development. Mr. Wertis added that the Town Comprehensive Plan
states as much. Depending on how many trees remain on the north side of the parcel after
development, passersby would hard ly notice that homes were even located there, Mr. Wertis
said.
Ms. Adams requested Ms. Kiley include last names of property owners on future maps of the
sketch plat.
After a discussion, the Planning Board reached a consensus to further discuss the sketch plat at
its next meeting on June 16. Mr. Wertis said board members could use the time to formulate
specific questions about the development project.
Mr. Blake MADE the MOTION to consider the sketch plat at the June 16 meeting, and Mr.
Wertis SECONDED the MOTION.
Ms. Adams said she would be willing to allot a limited amount of time at the June 16 meeting,
which is scheduled as a work session, to discuss the development. Mr. Diaz agreed.
The vote was unanimously approved.
Mr. Diaz stated he does have concerns with a nearby, Class C stream in the vicinity. It was
agreed that the issue would be discussed later in the review process.
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Proposed Open Development Area – Town Law 280-a referral from Town Board
Discussion continued from 4/21, 5/5, 5/19
Ken Kearl told the Planning Board he purchased his lakefront property some time ago and went
through the Board of Zoning Appeals to combine the two lots. At the time, the property had Site
Plan approval from the Code Enforcement Officer. Now, years later, he is interested in building
on the site, but Town Zoning Laws within the Lakeshore District have changed since then.
Mr. Wertis circulated a working, draft document that attempts to present the Planning Board’s
recommendation in narrative form rather than a resolution to the Town Board. He said there are
specific issues related to the ODA that Planning Board members felt should be addressed
through a board vote. The narrative approach would give the Town Board an idea of where the
Planning Board is coming from.
Mr. Blake noted that Town Supervisor Liz Thomas and Town Councilman Rich Goldman had
previously stated to the Planning Board that the Town Board would prefer a resolution. Mr.
Wertis said he has been unable to find anything in Town Law that mandates that the Planning
Board’s response has to be via a resolution.
Ms. Geldenhuys said the Planning Board acts by resolution, even if it is a simple, one-line
document. When any government body consisting of different members acts in its official
capacity, it does so by resolution. In this case, the Planning Board’s resolution could simply state
the board’s intention to forward along a report on the ODA.
Ms. Zahler echoed what Ms. Thomas and Mr. Goldman have expressed previously – that an
actual resolution voted on by the Planning Board would aid the Town Board. The Planning
Board is clearly spending more time on the ODA than the Town Board has to give.
The Planning Board reached a consensus to work through Mr. Wertis’s document and take an
informal vote on six stated issues.
The first vote states: “We are satisfied with the level of information we have obtained on
emergency vehicle access at this time (yes or no)”
Mr. Salino said he still has concerns with trusting the Trumansburg Fire Chief Jason Fulton’s
opinion that emergency vehicles could access the driveway leading down to the proposed ODA.
He said he would be voting no.
Mr. Wertis explained to the applicants that the Planning Board had requested additional
information from Mr. Fulton, including a document listing the fire department’s truck fleet and
each truck’s length and maximum weight. The Planning Board has yet to receive that
information, though Ms. Kiley said Mr. Fulton would provide the necessary documents the
following day.
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Mr. Diaz noted contradictory information received from the Fire Chief that raised doubts about
the road’s suitability for emergency-vehicle access. The Chief’s initial statement indicated that
the road in question was sufficient for emergency-vehicle access, yet he later stated a need for a
proper turnaround and tree pruning and questioned the road’s width.
Mr. Wertis said the road became a concern after the Planning Board reviewed New York State
Fire Code, which raised questions concerning truck tonnage and loadability.
Having reviewed Town Law Section 280-a, Ms. Geldenhuys called the section frustrating due to
its lack of criteria. It does, however, address suitability for access to vehicles. It is her thought
that Section 280-a does not require that the road to the ODA meet fire code.
If the road is not in compliance with State Fire Code yet meets conditions of 280-a, then where
does that leave the Town of Ulysses in terms o f liability, Mr. Blake asked. Ms. Geldenhuys said
negligence is at the center of any question of liability. She noted there are many private
driveways that fail to meet fire code. The use of the term “suitable” suggests flexibility within
the Law.
Ms. Adams stressed precedence and noted the ODA proposal is the second such request and
unlikely to be the last. The Town needs set standards that can be used to evaluate such requests.
She is uncomfortable with recommending approval of the ODA without standards. Mr. Diaz
asked why the Planning Board would choose not to use Fire Code as a guide for determining if
the road is or is not suitable for emergency vehicles. Fire Code was specifically written to
address these kinds of issues.
Mr. Brabant said New York State Fire Code parameters are considered minimum requirements.
The Town may choose to adopt more str ingent parameters.
Responding to Mr. Wertis, who asked why the Planning Board would choose not to accept Mr.
Fulton’s assessment when residents there appear comfortable with it, Mr. Blake said times
change. Fire trucks do not weigh what they did years ago.
Ms. Adams addressed another concern: if the road were reconstructed to meet fire code, the
reinforced roadway would have a negative impact on sensitive lakeshore property.
Mr. Diaz requested additional information on turnaround requirements, because that will partly
define suitability of the road.
The Planning Board took a vote on the question of whether or not they had the appropriate
information in regard to emergency vehicle access. All five board members voted no.
Ms. Kiley asked about loadibility numbers and which party would be responsible for getting
them. Asked by Ms. Kiley if they had an engineer who could verify loadibility and road capacity,
Rod Kearl said he and his brother would have to find out. Ken Kearl was unsure how much time
that would take. Ms. Geldenhuys said the general rule is the applicant provides expert data, and
then the Town engineer reviews that data. Ken Kearl said there is nothing specific in Town Law
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or otherwise where that is stated. Also, the road is laid gravel over stone, making an accurate
determination of loadibility difficult. Mr. Brabant said loadability is determined by a soil survey
and a review of the road width. A geo-tech engineer can provide the soil survey.
It was agreed among board members that they would wait to hear from the Fire Chief before
proceeding. Mr. Wertis told the applicants not to proceed with any soil tests at the present time.
It was discussed whether or not Mr. Fulton should attend a future Planning Board meeting. Ms.
Adams and Mr. Diaz welcomed the idea, so long as Mr. Fulton provided additional materials to
support his assessment. The Planning Board would not have done its due diligence if it were to
act solely on Mr. Fulton’s opinion, Mr. Diaz said.
Ken Kearl said homeowners have a long history on the road in question. LP gas trucks frequent it
regularly. He said homeowners there have a road maintenance agreement in which road repair
costs are split.
Turning their attention back to Mr. Wertis’s document, Planning Board members addressed
another vote:
P.B. Vote #4: If only the minor road improvements recommended are made there will be
no appreciable damage to the ecology of the ODA area.
In response to a question from Mr. Blake concerning the potential to disturb the Unique Natural
Area with possible roadway upgrades, Ms. Geldenhuys said 280-a only relates to suitable access
to homes and emergency vehicles. Expanding the law to include the UNA is veering outside the
scope of 280-a. Concerns with the possible disturbance of the UNA is a matter to discuss during
Site Plan Review.
Ms. Adams said it would be the Planning Board’s responsibility to note in its recommendation to
the Town Board the possibility of UNA disturbance if the road is altered to comply with 280-a.
It was asked whether or not road access is part of Site Plan Review. Ms. Kiley said it is, if the
land is disturbed. Making the matter more complicated, land disturbance could result in changes
to the easement. That is the complicated issue of fire code. Ms. Geldenhuys noted that
homeowners have a legal document outlining the right of way agreement. Addressing a question
from Ms. Adams, Ms. Geldenhuys said it would seem prudent to include nearby property owners
on the ODA conversation.
Mr. Wertis said the creation of an offic ial town map is an alternative solution to the issue in
question. The Town of Ulysses does not have an official map, though a Highway Map was
created by LaBella Associates but never formally adopted by the Town. Ms. Geldenhuys had
previously looked into a town map but was advised by the Town Supervisor that it was not the
right time to proceed.
The ODA discussion concluded. Ken Kearl said he hoped the Planning Board could develop a
process that spurs town activity.
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Solar Regulations (Where allowed, approval process, and standards for review)
Ms. Kiley said she has a lot of information on regulations related to small-scale solar projects,
but little is available on larger-sized projects. Not even NYSERDA outlines its parameters for
size differentiation. She asked the Planning Board about its interest in the Town of Geneva’s
Design Standards and whether or not additional parameters were needed. If board members are
okay with the Town of Geneva’s law, Ms. Kiley suggested copying the language into the Town’s
own Zoning. Ms. Adams requested the Board thoroughly review the Town of Geneva’s solar
regulations and return with comments. Ms. Kiley asked for board members to provide feedback
on where solar projects should be prohibited. There was a brief discussion on solar -project sizes
and questions concerning the most efficient way to measure them. Mr. Blake said the Planning
Board may want to work on a percentage basis to determine whether a project is permitted. For
instance, no solar system could be larger than 10 percent of the total lot size.
Mr. Wertis noted the conflicting goals of crafting solar project regulations within Town Zoning
while also promoting the use of solar power.
Mr. Diaz said areas of potential sensitivity – Unique Natural Areas, water courses, and streams –
are a main concern for him in future discussions on solar. He also has questions concerning
setbacks, sizes, and decommissioning.
Town Liaison Report
Ms. Zahler gave an overview of the Village of Trumansburg’s plans to bring a second water
source online. Village representatives and their lead engineer recently met with the Town Board
to explain the project scope, since the new transmission line will run through the Town right -of-
way on Falls Road. Village officials hope to begin construction this fall, pending funding and
state approval. In their discussions, Village and Town representatives agreed to include the Town
Supervisor on pre-construction meetings. Town officials want to ensure that residents along Falls
Road are kept up to speed on the process. Plans are underway to hold a summer public
information session with Falls Road property owners and gauge their interest in possibly
connecting to the future transmission line. A water district will need to be formed first, Ms.
Zahler noted. However, it remains unclear just when Falls Road resident would have access to
the line.
Mr. Blake MADE the MOTION to adjourn the meeting, and Ms. Adams SECONDED the
MOTION. The vote was unanimously approved.
Meeting adjourned at 8:41 p.m.
Respectfully submitted by Louis A. DiPietro on June 4, 2015.