HomeMy WebLinkAbout1991-1993 •
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9 S s Rdminittrarive Offuu•6838 Industrial Tarf,Rpat•Wath,7�jyw9'ork, 14810
Pi? or' (607)776.4146•fat(607)776.9366•Detnard9.Bums,7 ccutive9irector
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9'°13 su�� Administrative Offices•68381ndustnafTarkRpad*Bask,�w%nrk14810
(607)776^4146*fax(607)776.9366*Bernard).!turns,Executive Director
. RFESCRIPTION
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DATE . -
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• MONTH/DAY/YEAR .
SUPERVISOR: �• .. _ �. . ! a
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CAMERA OPERATOR: lakthili
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• • Inventory Worksheet . •
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For Local Government Records
• NOTE See accamoanyrng insmrctions before filling out this form t'f='
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Gavemwnt Y I b. /, I e.Unit ':
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12.a. Cpnta�person m A-A I ' :.y26 1 '
�. Record Genes Tula �yy"�,,,,, : "
t•it B�i� Afrit. t
4, Varying Record Sanes Title
I .
S. Location a. Building 1 p.F1ooj I corn I d. Capin. or Shad i a Drawer or Boz
a ,u /•.3, . 1 ar
e. Date Span Arrangement ❑ Alohaoatrral 0 Numa"n" c"a��l11 ,rChronoiogical
1 From To I1 ❑ Alohanumenc 0 OthertSoecrty) J s/ t
3. Format f�,a. Bound Votums ❑ e. Plans and Drawing: Q Corrauter Cutout • •.
1 b. Fowlers or Loose Paaar Seedy:
I Q I. Maps
1 rt c. Caro File 0 g. Comnutenzed Reams ❑I. ttieal Disk O
Q j.Other
d. Microform Specify: SoeG9y: -- I _.
! 9. CtherFormat? , 1 Yes p No 110. Other Copies? [f Yes &a it Total Quantity
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: iWhat Format? IC.Ei Held by: cu. .;eat
•_,.d i 12. Pecorc Still Being Create:0 es [1 No 113.Annual Aumulation 114. R MO Frecuenc/ ,
cu,feet
15. Taal or Essential? 1�4 Yes 0 No 116. Arcnrval? },6ys QNo I 1 T. Poor C onion?Eves No '
11�
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! le. Restrc:ea or Confident ialTQYes o
I Source cr regulation:
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19. Zescnotian el Record Sanas
A.
610Ce A-les 4,711#;(4, -------/ _
. .‘ , , mee-A# ditsfeilitowt.., 4 Ain „..ratel9 •
:20. Pumose of Record /
121. Appraisal or any recomrnenaatian with comments:
i
t.22. SARA Scneoute hem No.or oesatptwn
/ L- 7
23. Record retention �f,f V%M k 12 =cal Copy/ , es QNo
a. Total Retenuor��i�"'^ na e. In Office
c. In Storage fr_.,e--- $ I25.Sample copy of record anacned? QYee Na
26a. Name of person donq inventory ` 4 . ap 28O.Date
New York State Art:niws and Records Aamtnistratlon Local Government Raceme Bureau LGR&9(N1)
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rHE STATE EDUCATION DEPARTMENT File Information for
;. State Archives and Records Administration
LocalCuverninentRecordServices Microfilming Paper Records
-Albany, New York 12230 :
r.Fe
SCOPE: The information on this form, combined with the applicable Microfilm Production Guidelines, .•`• „-
constitutes a technical specification for producing high quality microfilm. Local governments contracting with • .:,.;:
a microfilm service bureau should attach whatever additional contracting documents your local government
requires. A typical bid offering will, therefore, consist of at least four (41 items:
1. this File Information Form
".° 2. the Microfilm Production Guidelines
3. a SARA Microfilm Agreement
4. locally-required contracting materials
Instructions for completing this form are on a separate sheet, titled Instructions for Completing File
Information Form.
I. NAME OF•LOCAL COVERN&Mt4 •-�
1. 7a-en 0 2. PREPAR Y IPnnt name! . L ! TELEPHONE NUMBER(Include Area Code) ..^'z..•
� t� /• erg. 4,07 387 .� 16 . .
3. NAME OF R /�I� L S
t .G Years 4 The retention schedule for these records is:
S. fJActive Inactive 4 Is this record series ACTIVE or INACTIVE?
6. Order of Filming: The records in this series will be microfilmed in this existing order: ..
A. Alphabetically 0 by personal name (last name first)
❑ by corporate name(business name)
❑ by another alphabetical order, (describe
B. Numerically [0 by parcel number
0 by case number
Q by personal identification number
. ❑ by another numerical order, (describe
. c. Chronologically 0 by year/month/day(yyyy/mm/dd)
O by month/day/year(mMddlyy)
0 by another chronological order, (describes '1 tend —
. By..0
Fenn
a. by a COMBINATION of the above, or other factors. Describe the hierarchy of the records:
E. in RANDOM order, requiring a separate index for document retrieval; this !ndex is usually
computer•based ("Computer-Assisted Retrieval. CAR"). Describe the desired indexing system:
7. e' 4 Total number of DOCUMENTS
% PERCENTAGE of documents that have information on both sides of the sheet
B. (P,2 4 Total number of IMAGES •
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8a. 4 Total number of ROLLS
• (6mm miaotilm—office documents(divide total images by 2500)
• 35mm microfilm—bound documents(divide total images by (000)
•35mm microfilm—drawings(divide total images by 500)
q 0 Number of images by which this record series INCREASES by each year
10. Condition of Documents:
is. Size ....1.'74 •
Length Width 4 LARGEST Document•6 / D, /
• • Leng width 4 SMALLEST Document
e. Age/Brittleness/Fasteners
Years 4 AGE of paper(oldest)
• E Yes ,J No 4 Edges of paper are FLAKING /A
0 oho 4 Percentage of the documents which have FASTENERS
(staples,paper clips, etc.)
e. Enclosure
j Yes )No 4 Are documents in folders?
M Yes No 4 Are documents bound? If Yn. pi
Yes No 4 Can the books be disbound AiaS'
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Type of bindImp
0 sewn (only) gla sewn and glued El drill post 0 comb
0 glued (only) ❑ring Qciamp
°off ' •
• twin
re nal4
U. Lay of the paper
lOfres % 4 Percentage of the documents which are FLAT .
4 Percentage of the documents which are ROLLED
.• off.,..._........ % 4 Percentage of the documents which are FOLDED
C. Color of the paper
/fre % 4 Percentage of documents on WHITE PAPER
% 4 Percentage of the documents on paper
.._..._. % 4 Percentage of the documents on _ paper
0MIOCJI•COMM *r
._...._ % 4 Percentage of the documents on paper
_'onxi„cowa,
__ — % 4 Percentage of the documents on. paper .
,M{'L.C)la, 2.
._, __.._.__ % 4 Percentage of the documents on... _..... paper
an cow,
___ _ % 4 Percentage of documents that are BLUEPRINT or PHOTOSTAT •
i
F. Imprint (More than one entry may be checked) -
_,J handwritten only eJ printed/typed only a handwritten and printed
J ink ��pencil :.1 carbon paper
C. Color of imprint �� i
11. Document Preparation for Microfilming
A. �( the Local Government 4 FILE ORGANIZATION shall be performed by(check one)
J the microfilming vendor
B. the Local Govemment .
4 PURGING shall be performed by (check one)
J the microfilming vendor
c }(.1 the Local Government « PREPPING the documents shall be performed by (check one)
. J the microfilming vendor
12. Records Usage •
ti • `� 4 Estimated ANNUAL number of people who use this record series
B. '— 4 4 Monthly number of'look-ups" (reference or retrieval)C. From the date of document creation, most retrievals occur within
J one week ❑ one month ,C1 one year
J 2 -6 years a continued steady usage
'•' o. The persons who physically handle the documents are:
gii employees only • .
0 this department only tw! several departments
0 general public • .:_:- ..1%....;:c.“: . .. :.. : . w_
0 other-Mesa/be)
.•;a..:.%e. :r-. , .. -nth•vt»tso,•r::.r,,:,:c.. swwe 1• npleid
•
r '• ^1,+•'•'• .- .. ..I.. 1•i • Y'..: !ter . .. . .. .. „•
e. The persons who make use or the documents are:
employees only
-- .J this department only a several departments
•
..� general public
J other (describe) ..„ ,
F. ./D "'"ma 4 How much time is normally necessary to retrieve a document?
a. e. minutes 4 no,more than
H. Does retrieving d ments entail any special problems? (If Yes, describe)
J Yes ZJ No 4 Does one document have to be compared to another?
If Yes, are the two documents •'•■•:
L. j from the SAME record series? •
J from DIFFERENT record series?
I. 41 Yes _j No 4 Are the documents PHOTOCOPIED?
K. cP5e _... 4 Approximately how many photocopies are produced on a monthly basis?
13. Microfilm Format
A. The first-generation silver-gelatin (camera) film shall be (check one?'.
$I 16mm roll microfilm
J 35mm roll microfilm
Warning: First generation silver-gelatin microfilm(camera film)shall not be jacketed
8. gj Yes J No 4 Is a second-generation silver gelation negative required?
c• II Yes P No 4 Is a second-generation diazo(duplicate) required?
If Yes, the duplicate shall be:
Ya 16mm or 35mm roll microfilm •
2 4 Number of duplicates required
•
J loaded into 105mm x 148mm microfiche jackets
4 Number of duplicates required
• loaded' into 105mm x 148mm microfiche jackets AND duplicated to
unitized microfiche
• • 4 Number of duplicates required
• . - 14. Delivery Date: All paper records and completed microfilm shall be returned to the contracting
local government not later than
Additional Information:
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—' DATE THIS FORM COMPLETED:
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TOWN OF ULYSSES
;:. 10 Elm Street
P.O. Box 721
11 7}umansburg, New York 14886
607-387.5767
ARC ENTERPRISES
6338 INDUSTRIAL PARK ROAD
BATH, NEW YORK 14810
REDUCTION RATIO: 321 ;
FILM MANUFACTURER: Plod
TYPE: 16 mm 100 ft - POYESTER
EXPIRATION
DATE: JUNE 1996 -, MICROFILM
NEGATIVE
BATCH
NUMBER: 285-26
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WIWI°an
°OmmX30.ff�m(10Ott
i; JJN199s
$7.a PET-125
;[ i RWOOMIL HR 21 , 285-26
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DECLARATION BY CAMERA OPERATOR
Roll Number: 4,0
Series Title : c 1 \ l f,Are_a5
Agency : k Ou)n V. isSoS
Subdivision : \ 1�L� L `s C cictce_
Starting point of series filmed on this roll : N101 .14-3 ( n 1C1-1 (
Ending point of series filmed on this roll :
/5-41k—' eel of this series
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Original microform: OPEN ROLL
Reduction ratio: 32X Image Orientation: COMIC MODE
These records have been filmed in the regular course of business.
/' /J
Signature of Camera Operator Date
VAT.PRTR AT.ANWVMSRIP ._.._
Typed Name
_ a. 2a_ a- t o- or
Title
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., Declaration
By
Records Custodian
Local Government Agency: TOWN OF ULYSSES
•
Records Series Title: IC•1 &X_ R \ In�,l_ _ r r.A5
Record Series Arrangement: \ ni, — l 993
Beginning Document: .Tha-r1 - (J • Rq
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Access Restrictions: C' (pct GEV\ C,3 •
This Is to certify that the microphotographs appearing on this roll of
microfilm are accurate reproductions of the above-named records series , and
were filmed from the best available documents, in the course of regular
operations, following established New York State Archives and Records
ministration microfilming guidelines.
iwi4 �l•ar //— /-9+6
Signature of Rec ds C stodlan Date
MARSHA L. GEORGIA
Typed Name
TOWN CLERK/RMO •
Records Custodian Title
I I S 0 • :•.•
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IMAGE EVALUATION
7. ���
TEST TARGET (MT-3) //,O
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11-18 I tilt "ill
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-I.' IIIIII�
III 1 1.25 11 1.4 I11°
150mm
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6" H
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5
•
• Methylene Blue Analysis
1 QN 1. x119
''' Customer _Steuhen ARC
_ . 6838 Industrial Park Road
Address Bath. New York 14810
Contact Jacques Begin _ mow---L ^c c, j
• Monlh��� ; .
Telephone p (607 ) 776-4146 Year \C\C'
•
Your sample film strip has boon tested for archivr:! quality (residual thlosulfate concentration).
Concentration of loss than(<)1Aug(micrograms)indicates archival quality,and greater than(>)1.4ug Indicates
non-archival quality.
'e •
Actual lest readings are provided below, as well as "pass/hall" check marks.
Actual Meets ANSI Standard Does not meet ANSI Standard • -
Concentration (<) 1.4ug (>) 1.4ug
Lab Comments:
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Dale _.l ' c ' Lab Manage a :0..
mow
ARC ENTERPRISES "'
*. Nicrograohics Work Order Farm
Customer: TOWN OF ULYSSES Date: _
Billing Address: 10 °L.N ST, , P.O. BOX 7/1 TPT1AMANSBUl/G MY 14185
Department
Suoervisor: MARSHA L. GEORGIA Dept. Code:
Phone Number: 507-387-5757 20 =. :
Delivery/ ,
Shipping Address: 10 ELM ST. , TRUMANSBURG, NY 1 885
***.**fl**************WWWW.xe.**wt .x.w.a***** *** *****n************ *
Records: •
f�
• Files subject to filming: �� iii ■ �',
.' a0X Number of file bcxes: ,%��' � 1� 'v..
0/e"'"'/ 1IAJu$t 3oxes 1abe1 ed: /ant' SStS — Ogee�,�I aili
7C/ j,rIcs Jol.1-�� Size of documents: One sided: ' Two sided: • •
`
:'`1 �8 Filming Sequence: Alphabetical ; Numerical
/a -0" Books subject to filming: le ,ts r '•tgS�'7 i sed7 �
�� Number of••''books: %t Order of filming: - to ("3
�yb Size: S'4X i & ound;t/ 'Ma Unbound l —
Computer fonts sub ' o fil • 4.
Number o" nts (b' rs) : Unbursted:
r of • ming:
Document preparation required: _ Yes; ✓ No rs
Special instructions: t ' 4 d i d a
G a/ •
. LAtet Sganizt) _ .
Transport of records: k ARC; Customer.
Disposal of records: ✓_ Return to customer
Hand shred and dispose upon verification
_ Hand shred and recycle upon verification
•
Micrographics Work Order Form, continued -2-
Film Format: Planetary Camera
Reduction ratio: 24X 25X 30X 32X ;
34x ''
Rotary Camera
Reduction ratio: 24X __ 48X _
Check orioinal and duplicate.
Original Open roll OupTicate open roll
^_ Original M Cartridge Duplicate M Cartridge
Jacketed Microfiche Oiazo duplicate
white indexing
color coded •
•- _• titling required, example:
Soecifyexactly how you would like your labels typed.
INDEX •
FRONT LABEL
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INDEX TOP LABEL •
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CATE OEFM. + moot Ho.
''Film to be used for duplicates: Oiazo —; Silver halide.__
Provided for your information are the State Archives and Record .
Administration regulations for storing of mictofilmm.` Prd'per'storage is
particularly critical for archival or permanent micrbfilm.. Steuben.
is not responsible for improperly stored microfilm.
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Customer S gnature 'bate
M-17
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8-5-91, 1-92 SMM/jk
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'NO INFORMATION ON LEFT HAND PAGES.
(THESE PAGES MAY HAVE PRE-PRINTED NUMBERS BUT THEY ARE NOT USED)
•
B
;'1
,
, ,
TOWN OF ULYSSES
REGULAR TOWN BOARD MEETING
January 8, 1991
9 Present: William Hogan, Supervisor; Thomas Reitz, Carolyn
Duddleston, Catherine Stover, Robert Weatherby,
:• Councilpeople; James Meeker, Highway Superintendent;
Alex Rachun, Bldg. /Zoning; Paula Mount, Deputy Clerk.
Others Present: Glen Chase, Jerry Perkins, Pete Meskill, Carl .
Mann, Arles Robinson, David Auble, Dick Durling, Jim
Seafuse, Steve Proctor-FreePress, Jim Mason, Linda
Smith, Jim & Rita Brown.
Mr. Hogan, Supervisor, called the Regular Town Board Meeting of
the Town of Ulysses to order at 8:00PM and led those in
attendance in the Pledge of Allegiance to the Flag of the United ;.:
States of America .
Mr. Hogan entertained a motion to approve minutes of the Regular
Board Meeting of 12/11/90, moved by Mrs . Duddleston, seconded by
Mrs. Stover. Mr. Reitz indicated two revisions. . .pg. 3 para. 5 -
eliminate Mr. Hogan and replace with 'the fact we' , and also on
pg. 10 - under Board Members 'Mr. Hogan stated that the
Town' . . .revised to read 'the Personnel Policy Committee of the
Town had a meeting' . Hearing no further comments, the minutes
were unanimously approved with these changes.
Report - Trumansburo Fire Department S
Richard Durling reported for the month of December 1990 (see
report attached) .
Report - Representative James Mason
Mr. Mason stated that he had been reelected as Chairman of the
County Board of Representatives for another year. Have
- challenges ahead; State budget figures are starting to filter
down and looks like we will have significant impacts on several
different program areas ranging from highway to Medicaid. Could
easily exceed one million dollars. Although the State says they
won't raise taxes, when it reaches us, have no choice but to
raise taxes . About every hundred thousand dollars increased
expenditures translates to about 1% in property tax increases.
Will be meeting with Joe Gerossi from the Office of Rural
• Affairs; one thing want to talk with him about are State
mandates .
In process of establishing committee assignments for
1991 . . .biggest change will be that a Standing Committee on Solid
Waste Management is to be established. Discussed closing of the
landfill in 1991, cost of shipping recyclibles, and bailing
station.
Mr. Reitz asked about Sheriff coverage in Ulysses. Mr. Mason
said he felt that the County had taken some exceptional effort in
the past couple of years to improve coverage on the west side of
the lake and explained some ways in which this had been done.
What has happened are the number of large cases that require
deputies to be pulled off road patrol and be on duty in the Court
House to provide security. Would suggest that Mr. Reitz speak to
Sheriff Guest.
Claims
Mr. Hogan entertained a motion to approve Claims *530-551 in the
•
Town of Ulysses 2
Regular Town Board Meeting
January 8, 1991 ;r
amount of 036, 235. 53 for the month of December 1990 and Claims
M1-24 in the amount of 015, 134. 52 for January 1991, moved by Mr.
Reitz, seconded by Mrs. Duddleston.
Mr. Hogan Aye
Mr. Reitz Aye ?'
Mrs . Stover Aye
Mrs . Duddleston Aye
Mr. Weatherby Aye
Approved.
Mr. Reitz stated that he would request a year-end report when the
yearly audit is conducted prior to January 20th .
Supervisor's Financial Report
Haven't received statements as yet, so no report.
Hearing of Delegations and Individuals
David Auble, co-developer with William Auble, distributed a hand-
• out to the Board members. Made a plea to the Board regarding the
passage of the annexation request by the Town. There is a need
to go forward with this project in terms of trying to increase
the tax base and improve. the revenue sources in the Town. By
passage of the annexation request, we would be in a position to
discuss obtaining the water and sewer from the Village and the
passage of the annexation does not give a go-ahead on a
project. . .project plans would have to be reviewed, all the
controls would have to be in place before a final plan would be
approved. Think this would be a step forward that would be a
progressive move by the Town.
Mr. Hogan asked if anyone had questions for Mr. Auble. . .Mr. Reitz
suggested this should be brought up under Old Business 9D.
Mr. Jerry Perkins stated that he would like to follow up on what
David said. Is a member of the Village of Trumansburg Planning
Board and believe the consensus of that board is that this would
be a viable project. With State cut-backs, need help with
revenues . Believe with the sub-division regulations that the
Village has in place now, there is no way that it couldn't be
done as a viable project; between David and Bill, they would do a
nice project. When you have a person who is willing to come into
the community, with the economy as it is now. . .and spend money,
think it definitely deserves close scrutiny. Not only as a
Planning Board member, but a resident of the community for over
thirty years, need something here to help the tax base; would be
good for the community, would create jobs, will stimulate the
area, the more people shopping in the area will help the downtown
area. . . just think it's a viable project all around and believe
the Town Board should take the bull by the horns and do something
about it.
Mrs . Robinson asked if the Board was going to stay on this
subject or do as Tom suggested? Mr . Hogan said she was able to
address the Board at either and Mrs. Robinson asked Mr.
Perkins . . . if the Planning Board for the Village was in favor of
this annexation, then what happened. . .don't they [Village
Trustees] listen to the Planning Board? Mr. Perkins said that's
about it. Mrs . Robinson said the Village has already voted No,
and if you people [Town Board] say Yes, then what happens? Mr.
Meskill [Village Trustee] said to answer your question, if one
•
Board approves it and the other Board denies it, then it leaves
the possibility for the Board that approved it, and/or the
developer, to take the Board that denied it to Court.
•1•
J•
• Town of Ulysses 3
• Regular Town Board Meeting
January 0, 1991
w
Mr. Perkins said why not go back to the Board that denied it and
renegotiate it and save ourselves thousands of dollars in legal
fees by going to Court . That won 't benefit anybody.
•
Mrs . Robinson asked why the Village is ao adamant about not
letting anybody have any of their water and sewer? Mr. Perkins
said that is THE question. . .don 't know why.
Mr. Hogan said we have material regarding the procedures involved
in annexation, and what is done. Believe it goes to arbitration.
• OLD BUSINESS •
i
Water Survey - No report.
Spruce Row •
Mr. Reitz stated that he had contact Harry Weber, owner of Spruce
Row Campsite. He was committed until January 15th. He is
interested in meeting with the Board. Mrs . Robinson said it
seems as if the Town Board is letting Mr. Weber jerk them around;
• he's in violation of the Zoning Ordinance and can't understand
what the problem is .
Mr. Hogan said that on the advice of our Attorney, we have a
couple of ways to go. Basically can't do anything until we get a
map and received feed-back. Trying to resolve it in a manner
that will be suitable for everyone concerned.
Mrs. Robinson said there is a mobile home in the Town that should
never have been there because the previous Town Board said they ;
didn't want to make waves and that mobile home is there in
violation of the Zoning Ordinance and how many times have we let
things go in the Town that are in absolute violation and then the •
Town Board sits back and says they don't want to make waves,
don't want to spend any money. Mr. Hogan said they won't let
this die, they are following up on it, and it will be
straightened out one way or the other. Have too much money
invested to drop.
Auble Annexation
Mr. Hogan said that he had met with William Auble and David Auble
and they brought in a new set of plans. Asked if everyone had
seen them and posted them on the wall . Basically they have done
away with light industrial; pointed out small business buildings .
Mr. Seafuse asked what the relevancy of the plans. . .thought the
discussion was annexation not what is going on the property. Mr.
David Auble agreed, but stated that there has been a concern
about what is going to be done on that property and has been a
negative factor in terms of going forward with the annexation; so
even though the issues have to be treated separately, they do
affect each other. Mr. Hogan said that when we received the
packet requesting annexation, included in that packet was a
document that said they would develop as follows, and a list of
things that would be done there. . .that now has changed and feel
that the Board should be aware of that change. Obviously the
question is still one of annexation, and what happens there is a
separate issue. Mr. Seafuse said that everything regarding plans
is an irrelevant situation as to what you are voting on tonight,
because all this will be answered at another time whether it is
annexed or not. . .Mr. Meskill said if it is annexed this would all
he answered by the Village Planning Board. Mr. Seafuse said that
the plans don't have any relevancy to the annexation situation at
tonight's meeting . . .Mr. Reitz said in the same concept, the
Village's denial of the annexation indicated the possibility of a
hog farm or agricultural use in the Village; they couldn't say
-,. .
C.: .. ... . . . I � ...:Ciil f�:, :. ..k 1
4
•
Town of Ulysses 4
Regular Town Board Meeting •
January 8, 1991
that either. •
Mr. Auble said they referred to the plans too, it is impossible
to divorce these two concepts, but at the same time they have to
be voted on separately.
Mr. Hogan stated that he has spent a lot of time speaking to
people in the community of all walks of life, about how they felt
about this project. Tried to put those thoughts down and came up
with a resolution as follows :
_ y
WHEREAS : the Town of Ulysses finds that the petition for
annexation submitted by Mr. William J. Auble for the property
situation in the Town of Ulysses, Tompkins County, New York and
described as parcel 11-2-7. 1 and consisting of 38.56 acres of
land, does comply with the technical provisions set forth in
Article 17 of the General Municipal Law, and
WHEREAS: after holding a public hearing on the issue and after
careful review and deliberation by the Town Board, it is found
that the annexation of the land is in the best interest of the -
public for the following reasons:
1 . An increase in the tax base without a substantial investment
by the municipality would help ease the tax burden for Village
and Town residents.
2. The parcel proposed for annexation is adjacent to the Village
of Trumansburg boundary providing a natural extension of the
Village.
3. The commercial buildings proposed would provide services to
the public as well as create many new jobs in the community.
r..
4. A long sought for solution to the problem of medium income
housing for senior citizens could be realized with this
development. .
5 . Water and sewer requirements for the development should not
have an overwhelming impact on existing Village facilities.
6 . The provision of additional services in the area could help
create more customers for business 's already in operation in the
Village.
•
After reading the proposed resolution Mr. Hogan stated that he
had asked people to write letters, talked to affluent people who
I felt weren't too concerned about their taxes and they didn't
rant things to change in the area; talked to folks who are
working for a living in the area, the construction guys, truck
drivers, etc. who are trying to make a living here. . .they said
this tax thing is getting tough, it wouldn't h to have
something that would help the tax base, it wouldn't hurt to
create a few more jobs in the community; as far as killing
downtown Trumansburg [Mrs . Robinson commented that it's already
dead] , you aren't going to hurt Camels or the Rongo, the bank
will stay there, and the Gem Shoppe. . .don't see a destruction of
downtown Trumansburg. Only thing I can see is if you close the
P&C will make it harder for the senior citizens, but if there is
a need for another grocery store downtown, one will open up. In
any case, those are my thoughts .
Mrs. Robinson said that as far as taxes go, it isn't just the
working people who are having a hard time, retired people are
having a horrible time and we need something. We have so much
property in the Town of Ulysses that is tax exempt. . .Taughannock
Park, churches, the schools.
Mr. Perkins said the elderly people, retirees are having a
terrible time with taxes . . .don't know what they are going to do.
Reached the point now, it's a shame when someone has lived in the
community for forty or fifty years, they retire And this is where
. .. Anna
, .ar/
Town of Ulysses 5 r
Regular Town Board Meeting
January 8, 1991
they are going to spend their golden years and they can't live in
their own home. . .that's sad, it's a sad situation.
Mr. Reitz said that he assumes that Mr. Hogan will move this •
resolution. . .Mr. Hogan said yes . . .Mr. Reitz said he will second
the resolution.
Mr. Reitz said that the P&C has been mentioned. . .think that in
talking with the real estate manager for P&C from Syracuse, that
by 1993, they intend that this store will not auffice. . .they have
great intentions to move some place. Heard last night [Village
Board Meeting) that the need for sewer services for sewer
revenues by additional users would be beneficial to the Village.
Can see a lot of positive things with the annexation of this
. property.
• Mrs . Robinson said she hasn't changed her mind about annexation, .
but for now, in this time and place, annexation is the only •+
solution to this . Firmly believe that we can't go on (this is
'spot zoning' too, in a sense) and we have to come up with some .
plan to bring all of these places . . .these little islands . . .into
some kind of proximity with something.
Mr. Hcgan said that at the last meeting several people who had
applied for a Planning Board position were asked to serve on a
sub-committee of the Planning Board to put together a Master
Plan. They will be meeting soon. Mrs . Robinson said it has to
go with the Village too, can't just be the Town. . .has to be a
joint venture to make it work.
- ® Mr. Hogan asked for further discussion, hearing none Mr. Hogan
asked for a roll call vote.
Mr. Weatherby Nay 1
Mrs . Stover Aye
?: Mrs . Duddleston Aye
Mr. Reitz Aye
Mr. Hogan Aye
.. Adopted.
Mr. Hogan announced that today he had received a call from Judge
James E. Rice, who tendered his resignation. He turned 85, has
had the flu and decided that it was time to resign. . .effective
January 1, 1991 .
Mr. Auble thanked the Board for their progressive resolution.
Smoking Policy
Mr. Hogan mentioned that after complaints regarding smoking in
the building, the Board had put a 90 day freeze on smoking. Notv
in the process of revising the Personnel Policy so need to
determine a smoking policy for the Town.
Mr. Reitz stated that he thought the Smoking Policy along with
other policies of the Personnel Policy Committee would be
presented to the Town Board as a package. Last time a vacation
schedule was presented, this time a smoking policy. . .was hoping
that the Committee would come with everything in place.
Mr. Hogan said that he felt this was a sensitive issue and should
be discussed by the Board. Mr. Reitz agreed that it is a
sensitive issue, but think it is premature when there may be
changes in the next couple of months. . .to send people out on the
. sidewalk. . .would like to see something in writing. Mrs . Mount
stated that since the Town Board had originally said no smoking •
in the building that the Personnel Policy Committee thought that
Town of Ulysses 6
Regular Town Board Meeting
' January B, 1991
the Town Board should state what thoughts they had .
Mr. Reitz moved to table this discussion until the Personnel
Policy Committee establishes something in writing regarding a
smoking policy, seconded by Mrs . Duddleston.
Mr. Hogan said that committee is comprised of many smokers so you
know what is going to happen. . .Mr. Reitz said then it will be
discussed at that time.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs . Stover Nay •
Mr. Weatherby Aye
Mrs . Duddleston Aye
Approved.
Reinvesting Reserve Funds
Mr. Hogan asked Mr. Meeker if he anticipated anything major
coming up in highway reserve and Mr. Meeker said a loader.
Nothing for three months and would be about *75,000. Will
reinvest until needed. Other reserve accounts will know about
when the bank statements arrive.
r'.
Mr. Reitz asked if the decision regarding reserve accounts and
reinvesting will be done on January 19 at the Year-End
Audit. . .adjourn the meeting until that time. •
New Building Permit Fees
Mr. Rachun said that the Zoning Fee was meant to be included in
the Building Permit fees. A 015.00 fee will be charged for
Zoning for any items not included in the other areas Cie:
satellite dish antennae) . Would like to have this become
effective February 1, 1991 .
Mr. Reitz moved the fee schedule as submitted including the
amendment of Zoning Fees of $15.00 as stated above, as being the
fee schedule for the Town of Ulysses, seconded by Mr. Weatherby.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs. Stover Aye
Mr. Weatherby Aye
Mrs. Duddleston Aye
Adopted.
• Judicial System
As mentioned earlier, Justice James E. Rice retired effective •
January 1, 1991 . Mr. Weatherby asked when a second justice would
• be hired. Mr. Reitz said it should be immediate, as soon as the
Town Clerk notifies Audit/Control and others, then we should
advertise the position. The next opportunity for Justice school
and the examination will be in New York City at the Assoc. of
Town's Annual meeting in February.
Mr. Hogan said he has the resignation in writing as of today.
Mr. Reitz suggested advertising this vacancy immediately,
requesting letters of intent/interest by February 1, 1991 and
then the Board have a Special Meeting on February 2, 1991 .
Mr. Hogan also stated that there will be a joint meeting with the
Village on January 16th and at that time will meet with Roger
Rector and Christine Springer regarding their benefits, etc.
This meeting will start at 6:45PM.
•
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Town of Ulysses 7
Regular Town Board Meeting
January 8, 1991 •
Mr . Reitz moved a Resolution of Appreciation for James Rice for
his years of service and hopefully he has a long and happy
retirement from the Ulysses Town Board, seconded by Mrs .
Duddleston.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Aye
Mr . Weatherby Aye
Adopted.
Secretary Planning Board/ZBA
Mr. Hogan mentioned there are five application for the Planning
Board/ZBA secretary . Asked when the Board would like to
interview and Mrs. Duddleston pointed out that the Board seta the
salaries but the Planning Board and ZBA chairmen should do the
interviewing and make a recommendation to the Town Board to
appoint. Mr. Hogan said the going rate at the County level for
this type of position is $6. 50 an hour. Mr. Reitz said that
should be the minimum salary we set. . .could increase with
experience. Mrs. Stover asked if this secretary could be used by
the Master Plan Committee and was determined, Yes, since that is
a sub-committee of the Planning Board.
Mr. Hogan will contact the chairmen and make arrangements for
them to interview.
NEW BUSINESS
Appointments
Mr. Hogan said that the Supervisor's Appointments are as follows:
Bookkeeper: Jeanne Vanderbilt; Town Historian: Ester Northrup;
Deputy Supervisor: Carolyn Duddleston; Chair. Highway Committee:
Bob Weatherby; Chair. Bldg. /Maintenance: William Hogan; Liaison
Ulysses Library: Tom Reitz; Liaison from Town to Village Board:
Tom Reitz; Chair. Recycling Committee: Catherine Stover.
Mr. Hogan stated that the Planning Board Chair is vacant and also
a member of that Board. Mr. Reitz asked how these vacancies
should be handled. . .advertise all vacancies? Mrs. Duddleston
said she felt that to advertise all at one time. Mr. Reitz said
there is also going to be a vacant seat on ZBA. Discussion took
place regarding filling vacancies .
Mr. Reitz moved that the Town Board appoint David Tyler as
Chairman of the Planning Board, seconded by Mrs. Duddleston.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Aye
Mr. Weatherby Aye
Approved.
Mr . Hogan entertained a motion as follows: Resolved that the
Town Board of the Town of Ulysses appoint the following: Zoning
Officer: Alex Rachun; Deputy Zoning Officer: John- Fahs; Bldg.
Inspector: Alex Rachun; Fire Inspector: Doug Austic; Chair.
Planning Board: David Tyler; Chair. ZBA: Vacant & one seat
vacant; Rep. Env. Mngt. Council : Roxanne Marino; Rep. Human Ser.
Coalition: Aileen Beers; Rep. Assess. Review Bd. : Pat Stevenson &
one vacancy; Election Custodians: Keith Northrup & Robert
Bennett; Town Cleaner: Kim Fitchpatriok; Rep. United Way: Donald
Shardlow; Rep. Co. Plan. Bd. : Tom Reitz; Rep. Co. Youth Bd. :
1r
Town of Ulysses 8
:,�.. Regular Town Board Meeting
January 8, 1991 •
Vacant; Rep. Ulysses Youth: Vacant; Rep. Cable TV: Vacant;
Liaison SPCA: Carolyn Duddleston; Liaison Town/Village Youth: Tom
Reitz; Town Attorney: Vacant. Moved by Mr. Reitz, seconded by
Mrs . Duddleston.
Discussion ensued regarding advertising the vacant positions .
Decided that all would be advertised at one time. . .an
advertisement for Town Attorney will be separate. Hearing no
further discussion, Mr. Hogan asked for the vote.
t,.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs. Stover Aye
Mrs . Duddleston Aye
Mr. Weatherby Aye
Approved.
Salaries/Wages
Mr. Hogan entertained the following:
RESOLVED: that the Senior Justice assume major responsibility
for the Town of Ulysses Court and that Justice to be Roger Rector
and receive $7,000. per year for those duties; and that the
appointed Justice is to cover for the Senior Justice and handle
other responsibilities as needed and receive 84,000. per year and
that Justice to be appointed with a term expiring 12/31/91 .
Moved by Mrs. Duddleaton, seconded by Mr. Weatherby.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs . Stover Aye
Mrs. Duddleaton Aye
Mr. Weatherby Aye
Approved.
Mr. Hogan entertained the following: •
RESOLVED: that the Town Board of the Town of Ulysses approve
salaries and wages as follows:
1 . ELECTED TOWN OFFICIALS (yearly salary)
a. Supervisor $5, 622.85
b. Councilpeople 82,530 .75 each (4)
c. Justices: Senior $7, 000.00
Appointed $4,000.00
d. Town Clerk $21,773.43
e. High. Super. $29,506 . 32
f. Rec. of Taxes $3, 000.00
2. APPOINTED OFFICIALS (as stated)
a. Deputy Town Clerk $8. 03/hr.
b. Deputy Supervisor 5 .89/hr.
c. Zoning Officer 88, 586.75/yr.
d. Deputy Zon. Officer 8 .03/hr.
e. Bldg. Inspector 88, 586.75/yr.
f. Bldg. Insp. Clk. $841 .02/yr
g. Bookkeeper $6, 010.51/yr.
h. Historian $350. /yr.
i. Justice Clerk 8.03/hr.
Deputy Just. Clk. $6.42/hr.
j . Fire Inspector $10.70/hr.
k. Cleaner 85. 90/hr.
1 . Office Assist. 86. 50/hr.
m. Recycling Drop-off Super. $6 .00/hr.
Moved by Mr. Reitz, seconded by Mrs. Duddleston.
i .. r jr• 7,; .. 01.A tt. .t
Town of Ulysses 9
Regular Town Board Meeting
January 0, 1991
c iy
Mr. Hogan Aye
Mr. Reitz Aye
Mrs . Stover Aye
Mra. Duddleston Aye
Mr. Weatherby Aye
•:r:; Approved .
\ 1' Meeting Schedules
Mr. Hogan entertained the following, moved by Mr. Reitz, seconded •
by Mrs . Duddleston:
RESOLVED: that the Regular Meetings of the Ulysses Town Board
shall be held on the second Tuesday of each month. All meetings
shall commence at B:00PM at Ulysses Town Hall, 10 Elm St. ,
le
Trumanaburg, NY: review of claims shall start at 7:45PM and shall
be open to the public.
FURTHER RESOLVED: that all local news media be notified of the
foregoing schedule and the same shall be posted in accordance
with the open meetings law.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs. Stover Aye
Mrs . Duddleston Aye
Mr. Weatherby Aye
Approved.
Authorizations
Mr . Hogan entertained the following, moved by Mr. Reitz, seconded
by Mrs. Duddleston:
RESOLVED, that a mileage rate of 6 .27.5 per mile be paid to Town
officials and Employees conducting official Town Business when
driving their private vehicles .
RESOLVED, that the Highway Superintendent be authorized to incur
expenses not exceeding $3,000. for repairs and maintenance of
highway equipment.
RESOLVED, that the Chairman of Building and Maintenance be
authorized to incur expenses not exceeding $1,000. for emergency
maintenance and repairs.
RESOLVED, that undertaking for Town officials are hereby approved
as follows :
a . Clerk $5000.
b. Justice 4000.
c. Deputy Clerk/
Justice Clerk 4000.
d. Receiver of Taxes 1032507.
• e. Supervisor/Depty. 50000.
f. Zoning/Bldg. Insp. 4000.
g. Fire Inapt. 4000.
h. Highway Super. 4000.
RESOLVED, that in lieu of the report required by Town Law Sec. 29
( 10) , the Supervisor be and he hereby is authorized to submit to
the Town Clerk a copy of his annual report to the State
Comptroller and that the Town Clerk shall cause a summary thereof
to be published in accordance with law.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs . Stover Aye
Mra . Duddleston Aye
•
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Town of Ulysses 10
Regular Town Board Meeting
January 8, 1991
Mr. Weatherby Aye
Approved .
Designations
Mr. Hogan entertained the following, moved by Mrs. Duddleston,
• seconded by Mr. Weatherby:
RESOLVED, that the Ithaca Journal and the Trumansburg Free Press
be and they are hereby designated as the Official Town
Publications.
RESOLVED, that the Tompkins County Trust Company is designated as
the depository in which the Supervisor, Clerk, Receiver of Taxes,
Justices and Inspectors by virtue of their offices, shall deposit
all money coming into their hands.
FURTHER RESOLVED, that Town investments can be made at other
banks as outlined in the Town Investment Policy.
Mr. Hogan Aye
Mr. Reitz Ays -
Mrs. Stover Aye
Mrs . Duddleston Aye
Mr. Weatherby Aye
• . Approved.
Resolutions - Assoc. of Towns Meeting
Mr. Reitz moved, seconded by Mrs . Duddleston that Roger Rector be
appointed the delegate from the Town of Ulysses at the Annual
Meeting of the Association of Towns in NYC, and the Town agrees
to pay any reasonable expenses incurred. Also that the Town
Board table voting on the Resolutions for the Assoc. of Towns
Meeting until the February 12th Town Board Meeting.
Mr. Hogan Aye •
Mr. Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Aye
Mr. Weatherby Aye
Approved.
Reports
Town Clerk - Mrs . Mount reported that for the month of December
1990 the total monthly fees collected were $732.25 of which
$579. 33 was turned over to the Supervisor.
Highway Superintendent - Mr. Meeker reported that they had plowed
and salted as needed. Finished the shoulder project on Colegrove
and Rabbit Run Roads; bridge project is all done except for the
guardrails. The bridge is open and usable. Dug out dirt at the
recycling site at the Fairgrounds and filled in the area with
stone. Working on trucks for inspections.
Mr. Mann commended Mr. Meeker on the fine condition the roads in
the Town of Ulysses are, even following a large snow storm.
Mrs . Stover asked if anything had been heard regarding lighting
on RT 96. . .Mr. Meeker said Fred Grout is waiting to hear from the
State; should be anytime now.
Zoning/Building Inspector - Mr. Rachun gave a preliminary year-
end report. Had 21 single family residences, total construction
•
$2, 395, 000. , up per unit 8114,000. Had 22 additions and
alterations. Had 17 misc. permits issued for garages, etc.
Issued more permits in 1990 than any year since he started and
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r Town of Ulysses 11 6
'i Regular Town Board Meeting
January 8, 1991
that was 64 permits, total construction costs 02,814,000. Mr. .
Rachun compared figures to other years. (see report on file)
For the month of January had one start, about 065, 000.
Board Members
Mr. Reitz mentioned that a Village property that may be built •;•
includes the Town owned bridge at the bottom of Gregg Street.
Should be aware that the Joint Meeting on January 16th. . .Village
Police Chief will be making a request regarding coverage. We are
in a difficult position because of location. Discussion took
• place regarding coverage, expense, etc. •
Mrs . Stover mentioned that the Recycling Center has been very
successful. Also, Master Plan Committee will be meeting Thursday
•
• January 10, 1991 at Glen Applebee's home.
Mrs . Duddleston mentioned the letter from Kathy West regarding '
the tax collector. Felt it was unnecessary and that a response
should be sent. Mr. Hogan said he will call Kathy West. Only
. thing that he was uncomfortable was the part about the
hours. . .has had complaints from people that they can't pay their
taxes during normal office hours . Something should be done about
that. Mr. Reitz said that as a Board we should consider putting
it on a public referendum this November.
Mr. Hogan asked who would like to research getting a referendum
together. Mr. Reitz said that has to be done through an attorney
I and suggested waiting until we have our attorney. Could be done
effective at the end of the current tax collector's elected term.
Correspondence
4
;-- Mr. Hogan mentioned that he had correspondence from the
following: Kathy West/Budget & Finance (already discussed) ;
Tompkins County Planning Board; DOT regarding CHIPS money; letter
of resignation from Judge Rice.
. Hearing no further business, Mr. Reitz moved to adjourn the
meeting until January 19 at 8:00AM, seconded by Mrs. Duddleaton
• and Mrs. Stover. Unanimously approved, the meeting adjourned at
10:45PM.
Respectfully submitted, •
Paula J. Mount
Deputy Town Clerk
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4
Town of Ulysses/Village of Trumansburg Joint Meeting
January 16, 1991
Present : Mayor .Tom Bennett, Village Trustees: Peter Meskill,
Susan Perkins, Karl Zylich; William Hogan, Supervisor;
Town Board Members: Catherine Stover, Tom Reitz ,
Carolyn Duddleston, Robert Weatherby.
Citizens: Carl Mann, Glenn Chase, Jerry Perkins, Alex Rechun,
Dave Auble, Chris Springer, Court Clerk; Judge Roger Rector,
Chief Thomas Ferretti, Steve Proctor, Free Press;
Mr. Hogan opened the meeting at 6:53 PM
Court System: Mr. Hogan stated that Roger Rector wanted to be
present regarding space for the court system. Some of the items
• discussed at the last Joint meeting were: leasing, terms,
equipment, furniture and budget assistance. Mr. Hogan asked the
Village Board if they had talked about leasing and space
available. Mayor Bennett said some ideas were: leaving where
• they are now, renovate court room, enclose porch-way in front •
dooh, add on to end of building.
Mayor Bennett asked Judge Rector what his feelings were.
Judge Rector stated it would be more effective if they were
together as one separate unit or area. Regarding building on an •
addition, Judge Rector said if the Village were to build an
addition, the Town could also build an addition and leasing would
not be a problem. He stated the space now is not sufficient for
both courts, he would like to see a decision soon.
Mr. Reitz asked Judge Rector about using the room upstairs
(conference room) regarding handicap accessibility. Judge Rector
didn' t think this would be a problem, they have never had anyone
physically handicapped. Mr. Reitz asked if this room
(conference) was used often. Mayor Bennett stated the
commissioner use this room (tree commission, planning board) .
Trustee Meskill would like to see this room not use because of
accessibility and noise overhead from the Clerk's office. Mr.
Hogan felt this was the best way, without additional cost. Mr.
Reitz stated the west wing would be isolated away from the rest
of it and be advantageous. Trustee Meskill he reviewed
remodeling the space in the court room; remove the two bathrooms
and remodel and install a single bathroom where the Janitor' s
closet area is now at a cost of in the area of $5,000. 00 plus
floor covering. Adding an addition (24x30' , 24x32' ) to the
present room would cost around $35,000; the present bathroom
would be used, and the entrance would not change.
•
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There was discussion regarding handicap accessibility. Carl
Mann stated that the laws regarding accessibility can not be
ignored. Mr. Reitz suggested the clerk be downstairs and Judge
upstairs. Judge Rector would prefer hewing the offices together.
•
The upstairs would be an ideal situation square footage wise for
both offices.
Discussion ensued regarding the space upstairs and whether
it was handicapped accessible. A suggestion was that the Judge
could meet downstairs if a person was handicapped. Chief
Ferretti stated in fifteen years he has not had that many
handicapped people. Agrees that the Judge could come downstairs.
•
Mayor Bennett asked if the Village offered space to the •
court system, would the Town have room for our fire code
inspectors and building inspectors? Mr. Hogan said yes, but he
wasn' t sure Just where they would be.
Judge Rector again stated the hallway, office and conference
room is what he would prefer.
Chris Springer, Court Clerk, stated she doesn' t have a •
preference, but likes the suggestion of the court room area-
removing the bathrooms etc. She feels there would be more wall
space and floor area.
Mr. Reitz suggested sectioning off the court room. Trustee
Meskill stated space would be taken from the meeting room (court
room) ; and it wouldn' t be secure from the public.
Mr. Reitz asked about sick time and vacation time that Chris
Springer may have. Chris stated she has used her vacation time,
and will be using any sick time she has.
Mayor Bennett suggested he could move downstairs, but there
would be a problem giving up the conference room which is used by
committees for meetings. It was suggested the Village could meet
at the Town Office if necessary.
• Chris was asked how many people come in to her office; she
stated some days 7-8 people may come in.
After further discussion it was decided to meet on January
31st at the Village Office at 6:45 PM to discuss and resolve the
court room space.
Recycling: Catherine Stover reported that the hours should not
be shorten up. Marian is taking in between 150-160 people every
week. Mayor Bennett reported 65 tons of recycle has been handled.
Additional gravel has been token care of. It needs to be raked
off . Dumpsters need to be a little closer. The county does not
have a back up person; it is up to us to have a back up person.
• It was suggested that Marian be asked if she knows of a backup
person. The Town will take care of finding a back up person.
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Mrs. Stover stated they have one " time sign" and but she trying
to get the county to put another sign on the Pence.
Mr. Hogan reported that he has spoken to the Cooperative
Extension regarding a composting demonstration. They were
talking about using the fairgrounds or the Cayuga Nature Center.
Mr. Reitz suggested a Town/Village composting project at the
fairgrounds. Mayor Bennett suggested that something be put in
writing and he would present it to the fair board.
Shur-Save: Mr. Hogan reported Jim Meeker had discussed with Fred
Grout, NYS Department of Transportation regarding additional
lighting, traffic speed, and passing lane. A report has not been
presented, it is still pending. •
Police Protection Outside Village: Mr. Hogan spoke with Jim
Mason regarding the Sheriff Department ; The county is suppose to
providing protection for people outside the village. The
protection is very slim. Could some kind of compensation plan be
worked out for the village police? Mr. Mason stated they had •
discussed this before but nothing came of it. The Sheriff
Department has asked Chief Ferretti to go outside the village but
the county assumes all liability for any instance.
Mr. Reitz asked Chief Ferretti to elaborate on his proposal.
Chief Ferretti stated he has serving the town for 14-15
years but he would like permission to give a ticket and write up
a report. Example of this is if a minor accident happens outside
the village, it could turn into a serious accident by the time
the sheriff department shows up.
The area outside the village is growing and he would like
permission if something does come up and his department is
available. Right now if he is asked by the Sheriff Department to
• go out on a call he does all the work; the Sheriff Department
shows up and takes over.
Ms. Perkins asked if he is generally speaking of the
commercial areas just outside the village limits; Seneca Line and
Halseyville area. Chief Ferretti stated yes.
Mr. Hogan felt that the Town is paying to have the Sheriff
Department do their job therefore they (Sheriff Department)
should be responding to calls.
After some discussion Mr. Reitz stated that we have a new
County Sheriff , and these needs should be made to him and invite
him to come to a meeting.
Ms. Perkins asked the Chief how many calls he gets outside
the village limits. The Chief estimated between 12-20 a month.
•
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s '• ,•
Mr. Reitz stated he supports the proposal but would like to
table for six months; talk more with the Sheriff Department .
Mayor Bennett stated it is legal he had talked with the
attorney; all that is needed is to pass a resolution and let the
Sheriff Department and State Police know of the decision.
Mr. Hogan stated he would like to talk to the town attorney
and Sheriff Department and table for six months.
Mr. Reitz presented a MOTION, seconded by Mr. Weatherby to
table proposal until July 1, 1991.
Vote: Mr. Weatherby aye
Mr. Reitz aye
Mrs. Stover aye
Mr. Hogan nay
Mrs. Duddleston nay
Auble Annexation: Mr. Hogan stated the Town of Ulysses had a
decision of 4-1 in favor of annexation. The town attorney has
written a detailed letter of what the next step would be for the
town. The town will meeting Saturday morning at 8:00 to see what
they will be doing.
Mr. Hogan stated the village needs to file an official
order, otherwise the annexation is automatic. The papers must be
certified and filed by January 27, 1991.
Mr. Reitz stated that in tle attorney' s letter, if the
village voted not to annex, and the town voted to annex, and
nothing further happened then the annexation would not take
place; the law does provide that the board that does favor
annexation can begin a lawsuit called Article 78 proceeding
asking the Appellate Division of the State Supreme Court to
determine if the annexation is in the overall public interest,
the cost be borne by the entity which brought the lawsuit. •
Trustee Meskill asked if the town has 30 days from their
decision to take the village to court. Mr. Reitz answered yes.
Mr. Reitz stated that the proceedings could be discussed
further at the January 31st meeting. Mr. Reitz asked if the
village was interested in pursuing this without a lawsuit, if the
village is interested in offering some ligating features; the
village would consider a single user water district.
Trustee Zylich asked it we could have a copy of their
resolution regarding the decision of Article 78. Mr. Hogan
stated they will file a copy in the village office and the county
clerk's office.
"• Mr. Reitz mentioned that the town planning board has several
openings; and selected one for the vacancy ; the other applicants
have formed a sub-committee of the planning board to look at
master planning for the town. He suggested a member of the
village planning board serve on this committee.
Trustees Meskill suggested asking the chairman of the village
planning board.
Mayor Bennett asked Carl Mann if the Special Children Center
builds a project in the village in which a house would be torn
down and removed from the tax roll, is there anything the village
• needs to do. Mr. Mann stated the Center will do what they want
anyway, but they need. to file the necessary applications and
forms. ' The Center is talking about the McGee property, which
would house 15 disabled people.
Hearing no further business, Mr. Hogan moved, seconded by
Mayor Bennett to adjourn the meeting. Unanimously Approved.
Meeting adjourned at 8:15 PM.
Respectfully submitted,
Sharon Housworth,
Acting Clerk-Treasurer
Village of Trumansburg
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TOWN OF ULYSSES
ADJOURNED TOWN BOARD MEETING
January 19, 1991
Present: William Hogan, Supervisor; Thomas Reitz, Catherine
Stover, Carolyn Duddleston, Robert Weatherby,
Councilpeople; Marsha Georgia, Town Clerk .
Others Present: David Auble
Mr. Hogan called the Adjourned Town Board Meeting of the Town of
Ulysses to order at 8:30 AM.
Auble Annexation
. Mr. Hogan stated he had talked with Elizabeth Bixler regarding
cost of filing an Article 78 . She told him she would have to
travel to Albany, have nine copies printed and bound (containing
all information regarding annexation request) . . .cost for this .
would be approximately 32, 500. Mr. Hogan asked the Board if they
wished to go ahead with filing an Article 78 .
Mr. Reitz asked if the Village had filed their respective copies
with the Town and County. Mrs . Georgia said the Village has -
until January 27th to do so. If the Village doesn't file, it 's a
mute issue. Mrs. Stover asked if we had filed and Mrs . Georgia
said not as yet. We have 30 days to file the Article 78 based on
January 27th or the date the Village files with us. Mr. Reitz
added that as of the date it is filed the thirty day clock starts .
ticking and we can then make a decision at that point to decide r
if we wish to pursue this . . .otherwise it is premature.
Mr. Reitz asked if the developer or the Board files the Article
78 and would like a second opinion. At times the Village and
Town law differs . Mr . Reitz asked Mr. Auble what his attorney's
opinion is regarding this issue. Mr. Auble said his attorney
disagrees with Ms. Bixler on the issue of whether the developer
can bring the Article 78. Mr. Reitz suggested the two attornies
speak on this issue.
Mr. Hogan said that there won't be another meeting before January
27th and Mr. Reitz reminded him that there is the Regular Board
Meeting in February. . .within our 30 day period.
Mr. Hogan asked the Board's pleasure . Mr. Reitz suggested
waiting until the Village files, then we have 30 days to make our
decision as to whether we want to file or not [Article 78] , then ,
meet and decide. Mrs. Duddleston suggested starting negotiations
at the next Joint meeting with the Village on the 31st.
Mrs. Georgia asked if they [Village] can change their vote after
they file. Mr . Hogan said he didn't think they could change
their vote, but could negotiate that the Village make water and
sewer available to the project and that the annexation be
dropped. Mr. Reitz said the Village can change their vote prior
1 to filing . Stated that he feels that the Board should go forward
with the Article 78. Mrs . Duddleston agreed. Mr. Hogan said he
doesn't agree. . .not in best interest of everybody for the Town to
sue the Village. . .for the Town to incur legal expenses; create
bad feelings with the Village.
Mr. Reitz asked Mr. Hogan if he had considered that when
submitting the resolution for annexation. Mr . Hogan said he had;
wanted to send a message.
Mrs . Duddleston asked if the Board could ask the petitioner to
help with the funding. . . if it goes to court. . .and would the
TOWN OF ULYSSES 2
ADJOURNED BOARD MEETING
January 19, 1991
petitioner be willing to help? Mr. Auble stated that he thinks
the Town, in the process of approval, could request developer
fees . Taxpayers shouldn't have to bear the burden. From our
perspective, look at it as a justified expense.
Mr. Reitz added that if the Board drops this now, the developer
can come back with a new petition. . .we start all over again,
advertise, hold public hearings, etc. and those costs will add -
up. Mr. Auble said that if you look at the trade-off of some
legal expense vs new tax revenue. . .Mr. Hogan responded that is if
you win the case.
• ACC
Mr. Hogan said that there had been a request from Mr. Len Walden,
Aubles Trailer Park, asking the Board to negotiate with ACC for a
10% senior citizen discount. It is currently available in the
City of Ithaca. Mr. Hogan will talk with ACC and also request a
map of the proposed lines.
Spruce Row
Mr. Reitz stated that he had not had a chance to talk with Harry
Weber. Mr. Hogan said we need to get this resolved. Mr. Reitz
will send Mr. Weber a letter and ask him to attend the Adjourned
Town Board Meeting on Saturday, February 2, 1991 to discuss this
matter.
Court System
Short discussion ensued regarding the interviewing, hiring
process and schooling of a Town Justice. Will interview on
February 2, 1991 .
Discussed equipment needs of the Court with Mrs. Springer. If
additional hours are needed for the deputy court clerk during the
transition period, request should be made to the Board.
Mrs . Springer discussed time of service benefits and health
insurance coverage. Decided that she will carry nuMbr of years
of service into the Town position and that the Town will pay 100%
of insurance.
Library
Mr. Reitz moved, seconded by Mrs. Duddleston a resolution to
approve *5,500. for 1991 to the Ulysses Philomathic Library.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs . Stover Aye
Mrs. Duddleston Aye
Mr. Weatherby Aye
Approved.
Hearing no further business, the meeting was adjourned at 11 :50AM
to reconvene on Saturday, February 2, 1991 at 8:30AM.
Respectfully submitted,
Marsha Georgia
pm
it
Of
TOWN OF ULYSSES .
ADJOURNED TOWN BOARD MEETING
February 2, 1991 ti.
Present: William Hogan, Supervisor; Thomas Reitz, Catherine
- Stover, Carolyn Duddloaton, Robert Weatherby,
Councilpeople; Marsha Georgia, Town Clerk.
Others Present: Steve Proctor - FreePress
>;. Mr. Hogan opened the Adjourned Town Board Meeting of the Town of ;
Ulysses at 8: 30AM.
Mr. Hogan stated that there are a couple of things to discuss
between 8 : 30AM and 9:30AM. Have five people for interviews
` today . John Ward and Terry Harvey aren't able to be here today.
Mr . Reitz asked when a decision will be made for a new
�'. Justice. . .Regular February Board meeting? Mr. Hogan said yes .
The Board decided to meet with the two candidates unable to be
= interviewed today on Thursday, February 7 at 6 : 30PM.
Population Chart
Mr. Hogan said the Population Chart is quite interesting . The
Town of Ulysses increased by 240 people and the Village decreased
'., by 100 people. Mr. Reitz said these Village figures were double
checked. What has happened is the decrease in size of families
in the homes. Towns increase is based on new housing starts .
SPCA
Mr. Hogan spoke with a representative from the SPCA. She
indicated the Board was not happy that the Town of Ulysses would
not go along with a 10% increase; that we would only give them a
I 7% increase. Mr. Hogan said it isn't a great deal of money, only
about $270. , perhaps we can split the difference with them.
Mr. Reitz said we have already split the difference once with
them, we said 5%. . .they asked for 10%. . .and we settled at 7%.
Haven't seen any increase in services we receive. We put it in
our budget. . .where will we take it from? Mrs. Stover asked what
the alternative is and Mr. Hogan said he would have to ask.
Mr. Reitz said that only four or five towns contract with the
SPCA. . .others have gone with a private individual .
Spruce Row
Mr. Reitz spoke with the Webers and invited Harry to this
meeting. . .he was going to be out of town. Mrs . Weber indicated
that Harry is interested in meeting with the Board so reminded
her of the next Town Board Meeting February 12, to see if he
could try and make it then.
Mr. Hogan said it seems like Mr. Weber is avoiding the
Town . . .this is a pretty important issue. Perhaps should have our
. attorney speak with Weber's attorney . Mr. Weber has to decide if
he wants to take care of this . . . if not drop it and we can go
ahead and cite him .
I Mr. Reitz said if Mr. Weber doesn' t come on the 12th
February. . .can decide on another course of action . Mr . Hogan
said might be a good idea to have Ed Hooks follow up on this .
Mr. Reitz stated that is a question . . . what do we want to do with
the new Town Attorney we contract with; what will we do with
pending situations? Mr . Hogan said rather than pay another
141
4
TOWN OF ULYSSES 2
ADJOURNED TOWN BOARD MEETING
February 2, 1991
attorney for time to familiarize himself with those cases, would
continue to use the ones involved et this time; have new attorney
pick up new cases that come along . General consensus was to keep
Ed Hooks and Elizabeth Bixler on a contract basis to follow
through to the end the cases they are involved with.
Retirement
Mr. Reitz stated that he would like to have some kind of
retirement celebration for Jim Rice. . .couple suggestions have
been an Open House, a dinner. Asked for input and
suggestions . . .aiming for mid-March. Has a photo that he will
have framed. . .also a resolution that could perhaps be engraved as
a gift. Will continue this discussion as plans are formed.
Auble Annexation
Mr. Hogan stated that he had a phone call from Guy Krough. . .Guy
and William Auble would like to meet with the Board. They want
to talk to the Town as to whether or not the Town would be
interested in negotiating with the Village, etc.
Mr. Hogan said that he told Krough that he would speak to the
Board and get back to him. Mr. Hogan continued, the Town has
thirty days from the time the Village filed [January 22) .
Mr. David Auble said that if the Town would go ahead and make the
decision to file the Article 78, with the condition that the Town
Attorney and our attorney discuss the financial ramifications,
-• and then have your Town Attorney give his opinion on the
financial aspects. . .sure that is a major consideration. . .and then
the next step would be predicated on the attorney's opinion on
what the financial impact would be (ie: if you have a small
investment to file the Article 78 and a big dividend in terms of •
tax revenues, then it's a worthwhile situation) .
Mr. Hogan said we have 20 more days before we filo. Talked with
Ms . Bixler and the approximate cost would be 62, 500. We have to
decide if it is in the beat interest of everyone in the Town, for
the Town to be filing suit against the Village.
Mr. Reitz stated that the overriding issue is that we filed a
resolution to approve this; do we want to continue with this
whether it's against the Village or any other municipality.
Mr. Hogan said they are two separate issucs . . . we decided that
annexation was best for the community. That process is behind
us . Our next step is we have to decide if an Article 78
initiated by the Town is in the best interest of everyone
involved. Even if we do file the Article 78, and take the
Village to court, that doesn 't mean that the Village has to zone
that so the development can go ahead. It 's saying that the
annexation is in the best interest of the people of the
community; but the Village can still say they don't want it and
zone it so that it can't happen. First of all its going to cost ..
us $2, 500 . . . . ! am of the opinion that it is not a good idea for
the Village to be sued by the Town.
Mr. Reitz asked if anyone had indication from the Village that
they are willing to amend their water and sewer policy? Mr.
Hogan said No, too bad that we didn't discuss that the other
night at our meeting . Mr. Reitz said even if we did file, wonder
if there isn' t an opportunity to withdraw the action? Mr. Hogan
said it costs a lot to file it. . .need nine copies of everything.
Mrs . Duddleston stated that she felt the Town should go ahead and
file.
•
1
TOWN OF ULYSSES 3
ADJOURNED TOWN BOARD MEETING
February 2, 1991
Discussion of recouping financial investment was discussed. Mr.
Auble said that even if they aren't successful, then will come
into the Town and request a PUD, then you could recover in the
form of fees . Mrs . Duddleston said what if the annexation is
® approved, what about reimbursement of fees . Mr. Auble said if
the project goes forward then the tax base would be higher.
Mrs. Stover asked Mr. Hogan if he could go to Ms. Bixler and find
out in more detail what we can and can't do in terms of filing
procedures and getting out of it? Mr. Hogan said he could, but
doesn' t know if that is the right way to go. . .holding a lawsuit
over your neighbors head . Don't know if I 'm in favor of doing
that; but can ask Ms . Bixler. . . is that what you are talking
about?
Mr. Reitz said he would support Mrs. Stovers suggestion, that we
go to Ms. Bixler and ask to have a better understanding of what
the Article 78 proceedings are like; think it's a very fair
question to ask our attorney. If we do file, is it possible for
us to withdraw? Not saying we will withdraw, but is it possible.
N'
Mr. Hogan said he would check on this. Think there are two
issues here. . .one, is it the right thing to do and two, what will
be the reimbursement. Mr. Hogan went on to say that the Village
has many problems right now, several law suits, bookkeeping
problems, etc. , don't think they need another law suit. Could
send them a message saying that. . .we told you this time that we
don't agree with you; we are not going to take you to court this
time, but next time we will. Think we have to decide whether it
is in the best interest of everybody in the Town of Ulysses and
the Village for us to file suit. Mrs . Duddleston said if we
didn't feel that way to begin with why did we vote for the
annexation? I understood that we would take it the whole way and
go ahead and support the whole project.
Mrs . Duddleston said that the Board should ask the Village to
meet with them and discuss just this item. Mr. Reitz asked if it
was possible to consider meeting on Thursday night. . .they are
interviewing, perhaps meet with them after. Mr. Weatherby asked
the purpose of meeting . . .see if they (Village] will change their
minds? Mr. Reitz said, yes, that or see if they would amend
their water & sewer policy. . . if we don 't file the Article 78, the
case drops . . .if they would allow water and sewer outside the
Village then the project could go on. At least get a sense from
the Village.
Mr. Hogan said he would try to set up a meeting with the Village.
Judicial System
Mr. Hogan said we should make sure we have everything down as to
the needs and requests in detail, from Roger and Christine, for
the final negotiations . Mr. Reitz said he would be happy to work
on this . Discussed some aspects of the set-up of the Justice
Office.
Mr. Hogan mentioned that Mr. Rachun had an opinion from the
Association of Towns regarding local law revising building permit
rates. Way our law is written we can go ahead and revise them
without a public hearing.
Hearing no further business, Mr. Hogan entertained a motion to
adjourn, moved by Mr. Reitz, seconded by Mrs . Stover.
Unanimously approved, the meeting adjourned at 9:30 AM.
Respectfully submitted,
TOWN OF ULYSSES
SPECIAL TOWN BOARD MEETING
February 7 , 1991 •
Present : William Hogan, Supervisor; Thomas Reitz , Carolyn
Duddleston, Catherine Stover, Robert Weatherby,
Councilpeople; Marsha Georgia, Town Clerk.
•
Others Present : Steve Prootor-FreePress, Guy !trough, David
Auble, William Auble, Richard Thaler.
Mr. Hogan opened the Special Town Board Meeting of the Town of
Ulysses at 7 :00PM and turned the meeting over to David Auble.
Mr. Auble stated that Mr. Thaler had discussed with him some of
the ideas discussed at last Saturday's meeting. Mr. Thaler said
that based on what has happened since the Town has agreed to the
III annexation and the Village has not , it would seem to me that the
Town could, if they wanted to, do one of two things and that is
they can go to the Village and say look, we can do this the easy
way or we can do it the hard way. The easy way would be for us
to create a water and sewer district in the Town and the Village •
• would agree to give services at a rate and a half . This would
help the Village with their budget deficit and would be of no
cost to you because we [Town] would stand the expense of it [and
of course that is part of the developers expense] . Something
that the Town has to undertake, the developer dons that for you.
All the Village has to do is say, we voted not to annex the
property but we will give you the services. . . that is the easy
way. The hard way would be for the Town to say, if you don' t
want to do that, then we are going to file an Article 78; will go
directly to the Appellate Division because we are a governmental
agency and take the decision that you [Village] acted
capriciously and without justification; we were the ones that had
something to lose, you had everything to gain, and therefore we
feel that what you [Village] did is unreasonable.
Mr. Thaler continued that he talked with David Auble and William
Auble and said that it would make sense that instead of the Town
having to undergo the coat; if the Town is successful William
would benefit from it, then we would do the legal work, submit it
to your attorney for approval and then you could submit it with
very little cost as far as the Town taxpayers are concerned.
Feel that the Village has everything to lose both ways if they
don't do it . . . one is they don' t get the extra revenue if they
don't collect one and a halt times for water and sewer and
secondly, if they want to fight they are going to have to undergo
the cost. Don't know if that makes any tense, but think they are
the two alternatives .
Mrs. Stover said the Village would charge the rate and a half
anyway, correct? Mr. Hogan said that is the standard procedure.
Mr. Thaler said that he understands that anyone who is outside
the Village would be charged a rate and a half, but the fact that
they don't have that now, it would be additional income to them.
To have the water district there, would seem that they have the
ability to spread their costs .
Mr. Reitz•.said the whole issue here is the Village's policy
adopted not too many years ago, that they would not provide water
outside the Village except under XYZ reasons.
William Auble said they voted not too long ago to provide water
to the addition at the Golf Course. . . is that XYZ or humanitarian?
Mr. Reitz said they felt that under Village policy they would
extend the lines.
Town of Ulysses 2
Special Town Board Meeting
February 7 , 1991
Mr. Thaler added that one of the things regarding a water
extension. . . the Village already has water to Mr. Auble's trailer
park. It isn' t something that is creating a new policy for them
[Village] , what this amounts to is legalizing that which has been
in effect for years. . . and that is the water district would
encompass not only the trailer park but also this commercial
endeavor.
Mr. Reitz said as he understands it, the Village policy is anyone
within 500 ' of a "main" can hook up to it with Village approval .
Anyone within the Village has to still be approved, but inside or
outside, the Village makes that policy statement every time an
application for water hook-up comes before them.
Mr. Thaler said what has been done in Lansing, being the Town
Attorney there and working with Bolton Point, can tell you that a
person who is next to a water district , in and of himself , get
water unless it is an extension of the district . Seems to me
that it makes sense that we finally formalize that which you have
been doing on a contract basis with the Village, and encompass
the whole property. I do this sort of thing all the time for the
Town of Lansing, see no reason why I can't put one together for
the Town of Ulysses as well .
Mr. Reitz said you raised an interesting idea. . .we have never had
a contract with the Village to provide water for outside the •
Village users, to my knowledge, except for Alpha House. Mr.
Thaler said you should have. Contracts provide the basis upon
which you know from one time to the next exactly what the terms
are going to be. Mr. Reitz said that part of the issue here is
that the Village's argument will be that the line going to the
trailer park is not a main. Mr. Thaler said then go the other
way. . . if it isn't a main, then it should be, and the only way it
can be is to have a water district . Because the water district
would own the main. If you have a municipality that is involved •
in the distribution of water, it shouldn't be private, it should
be a public main and it should serve the whole district, not just
one user. This is the philosophy used in Lansing and we have put
together seven water districts and eight extensions in the last
three years . . .all very successful and all with the approval of
the Dept . of Audit and Control and all of them, right now, are
paying their freight . We had a problem. . .had people without
water, whose wells had sulfur, iron, etc. and we have negotiated
with the Village of Lansing on the basis that it is one
municipality contracting with another, to extend services for the
benefit of the population. Think that is where you want to come
from.
Mr. Hogan said he felt that it was indeed the common sense
approach, however, doesn' t feel there is much of a chance in
changing the Village Trustee's minds .
Mr. Thaler said that the hard way will cost the Village monies
• that are not in their budget and may very well be what brings •
them around to changing their minds. . .and with no assurance that
they are going to win, think the Town has a very good chance of
convincing the Appellate Division that they [Village] didn' t act
within the law.
Mrs. Stover asked that with an Article 78, it is to force the
Village to accept the property into the Village? Mr. Thaler said
correct. You [Town] are going to lose something and the Town has
already said we want to do this because it is to the benefit of
the whole community. The Village's position is they don' t want
it and have no proof that it's not for the benefit of the entire
community.
•
1 .. t'. • ,.r ' Y” •1: Pl••L ,,4 !'R •9 fl! ..i ,.�. 1 E. . ' Y,..' r':1..\':. .1A. •,
tg
Town of Ulysses 3
` Special Town Board Meeting
February 7 , 1991
Mr . Hogan asked what happens if we go to the Village with this
-.. proposition and they say No, and the Town Board decides they
don' t want to go forward with an Article 78 and sue the Village?
Mr . Thaler said there are two alternatives : one, the issue is
dead; or the other issue is that Mr. Auble can decide he wants to
• bring action himself . Think we are at a point we are as clone as
we are going to be without actually being there, and think that
if rational , reasonable people can sit down and look at this
thing. . .doesn't make sense to me, on behalf of the Village that
they want to spend money to try to defend their position and not
know that they are going to win. They have to talk to their
® attorney, if their attorney tells them that they will have to
spend five to seven thousand dollars and throwing it down the
tube and not coming home winners, some of the, taxpayers ought to
be up in arms.
.. Mr. Reitz said there are two other scenarios that haven' t been
addressed. If, as Mr. Hogan suggested, the Village says No, and
the Town Board says we aren' t going to file the Article 78,
petitioners can come back to the municipalities and ask for
acceptance of the annexation and start back over again; or, a
petitioner can come to the Town alone and ask for a PUD.
Mr. Thaler said that is true, but with a PUD you still need
utilities and you still have to be able to contract with the
Village or develops your own source. Puts you back in. the same
• position you are in right now, why do that and spend all that
time and money to get in the same position you are in now. Agree
with you that there is another alternative and that you start all
over again. Mr. Reitz said one of the time processes you will
• have is that the Village will have two new trustees when the
process starts back over again.
: ill Mr. Thaler said that another thing that can be done if the
Village refuses to accept , you can go ahead and file and then you
have three months and can always withdraw your petition if the
situation changes .
• a
Mr. Hogan said he had talked with Tom Bennett, Mayor of
Trumansburg, and he mentioned that they would discuss at their
•
meeting the possibility of putting this annexation matter on the
ballot as a non-binding referendum.
Mr. Thaler said that anything they can do to be of assistance
regarding this matter, stand ready to help.
• Mr. Hogan asked Mr. Thaler to repeat his offer. Mr. Thaler said
the offer is this : let us set up a water and sewer district and
you [Town] contract with the Village to have service to this
, • district at a rate and a half . Again, the cost of preparing the
• water district, sewer district and contract will be the
developers cost . I will prepare the documents, submit them to
your attorney, they can review and approve them. The second
offer is that if they [Village] refuse that, what we would do on
® behalf of Mr. Auble, we would prepare the petition, necessary
documents for the Article 78 and submit it to your attorney, and
all you have to do is file it. You could then either proceed
with it or you could hold until such time there are elections.
The first alternative makes the most sense. You finally get into
a position that you regularize the relationship between the
Village and the Town in water and sewer. And you are doing it
on the basis that makes sense.
Mrs. Stover said if there is an Article 78 and it is
successful . . .what then? Mr. Thaler said the Village is forced to
accept this property into the Village and at that point it has
Town of Ulysses 4
Special Town Board Meeting
February 7, 1991 '
the right to water and sewer. Hrs. Stover asked if then they are
assured of development. . .Mr. Thaler said he thinks so, because of
the fact that you make application under the Village's zoning and
that is zoned in the right way..
Mr. Krough said basically the issue of the annexation is to go in
on a split residential/commercial zone. If the court tells them
you have to approve it on this basis because this plan is in the
public interest, think they would be in serious trouble if they
brought it in low-density residential .
Mr. Reitz said he feels that David Ruble has not had an .
opportunity to address the new plans to the Village trustees.
Mr. Thaler said there has not been an opportunity to discuss the
water district either.
When asked about the thirty days. . .petition must be filed by
February 22nd. They have 45 days to respond and then you have to
get on the calendar, so could be in, June.
Hearing no further questions, the meeting was closed at 7 : 30PM.
Respectfully submitted,
Marsha L. Georgia . .
pm
11/
r .
TOWN OF ULYSSES
VILLAGE OF TRUMANSBURG
JOINT MEETING
February 7, 1991
Present: Karl Zylich, Susan Perkins, Thomas Reitz, Thomas
Bennett, Carolyn Duddleston, Robert Weatherby, William
• Hogan, Sam Demas, Catherine Stover, Marsha Georgia .
Others Present: Ozzie Heila •
Mr. Hogan, Ulysses Supervisor told those attending what
transpired at the meeting earlier this evening with Mr. Thaler,
Mr. David Auble, Mr. William Auble and Mr. Krough, regarding the
annexation. The Ulysses Board felt they should talk to the
Village Trustees one more time before making a decision regarding
the Article 78.
Mr. Hogan continued that Mr. Thaler, Auble's attorney, proposed a
couple of different things and quoted Mr. Thaler as follows :
"the easy way to do it would be for the Town to negotiate with
the Village a water district in the area concerned. The Town
would create a water district and the Town would retain the •
property. " Mr. Hogan asked the Trustees if they would Consider
this .
Mr. Zylich said the Trustees would have to talk about it prior to
the Town making a decision. Mr . Demas said that obviously from
the Village's point of view, what would happen is that the
commercial development that we are trying to prohibit would
happen and we wouldn't get any tax base out of it. Mr. Hogan
• said the benefit to the Village that Mr. Thaler mentioned is the
fact that you could sell the water at a rate and a half, because
it is outside the Village and the Auble's attorney would take
care of setting up the water district. It would be a source of
income.
Mr. Demas said and you [Town] would zone it commercial? Mr.
Hogan said that Auble could file for a PUD [Planned Unit
• Development] , the Town Board would look at the proposal and turn
it over to the Town Planning Board. We would deal directly with
them. Mr. Demas said then we would have a commercial zone on
each end of the Village. Mr. Hogan said yes . Mrs . Duddleston
said you have that now, there is commercial at that end of the
Village. Mr. Demas said in the Town of Covert. Mrs . Duddleston
• said it is also in the Town of Ulysses . Mrs. Perkins said that
is non-conforming. Mrs . Duddleston said but it is still there.
Mrs . Perkins said this would increase it dramatically. Mr. Dames
asked what the other options would be .
Mr. Hogan said the other option is to file the Article 78 with
the Appellate Court. Mrs . Perkins asked if the Town has other
options . Mr. Hogan said we have to vote on this . . .the other
option is to not file the Article 78 . Mr. Hogan said he talked
with Mr. Bennett over the week-end and you indicated that there
might be a possibility of putting this on the ballot in the form
of a non-binding referendum . Mr . Bennett said yes, but found it
can 't be done. If you put a proposition on the ballot it has to
be Yes or No and binding.
Mrs . Duddleston asked why the Village wouldn ' t want it binding?
Why go to the trouble if you aren't going to do what the majority
of the people ask? Mr. Bennett said that what he is seeing is
that the present Board of Trustees is afraid of what the Village
residents would vote. . . 1 think they would vote it in. Mrs.
Duddleston said that would be the majority of people speaking
out. Mr . Bennett said he knows . . .everybody he has talked to ask
. . 9
.... �. F.
IF
Town of Ulysnes/Village of Trumansburg 2
Joint Meeting
February 7, 1991
why not do it, everyone Sam sees says why not do it, everyone
Karl sees nays why not do it.
Mr. Demas said wait a minute, the people I see don't say that.
• The people I see say you voted the right way, what's the matter
with the Town. . .that's what I 'm hearing all up and down the
street.
Mr. Hogan said he has talked to a lot of people and that's not
what he has heard. The other alternative is to vote. . .we have
thirty days to file the Article 78. Mrs. Duddleston said it has •
to be filed on the twenty-second of February .
Mr. Demas said there is now a commercial zone which has several
• . commercial enterprises, including a grocery store that was in the
center of town, and there is room for more. My guess is that in
your Master Plan you have identified that as an area for
increased commercial development. What is the thinking behind
establishing another commercial development in the Town. . .have
another grocery store and room for more retail . Do you really
want to have two, one on each side of the Village? You think
that is in the best interest in the long term. . . is that the
thinking behind it? -
Mr. Hogan said Yes, the people I 've talked with have said if you
can put thousands of dollars worth of good, solid buildings
there, and create some jobs, certainly can't hurt
• anything. . .would only help the tax base, give people a place to
work, plus the residential aspect and proposed "senior citizens
housing" . If properly done, with trees, etc. , don't see it as a
detriment to the community.
Mr . Demas asked if Mr. Hogan had heard any concerns expressed
about eroding downtown, competing with businesses and having
empty store fronts downtown? Mr. Hogan said Yes, have talked
with a lot of people, and they have said, OK, let's take a look
at downtown. . . you have Camels, that will be there as long as they
give you a great meal at a reasonable price, you have the Rongo,
which will be there regardless of what happens at the other end
of town, there is the Gem Shop, the telephone company, a bank,
attorney's offices. . . I don't see that any development at the end
of town will hurt these businesses . The only one that might be
in jeopardy would be the drug store. If there is competition,
it is good for business people, and businesses . Don't think
competition is going to come out of office buildings; and a super
market and a couple of other retail stores, don't think they will
have a drastic effect on downtown Trumansburg. . . I really don't.
Do you? What stores do you think they will hurt?
Mr . Demas said he does think it will hurt downtown. . .the drug
store obviously. . .would probably end up being a video at one end
or the other and would effect that one, I think a coffee shop
would spring up. . .wherever you have a shopping center, you have a
coffee shop. Maybe we can sustain another coffee shop in town, I
don't know . I think office space, you might tend to get people
renting office space who might have rented downtown.
Mr. Hogan said a couple of people came into the Town office and
• submitted a request for a PUD for office space in Jacksonville,
these things are going to happen . We are actively looking at a
Master Plan.
Mr . Demas said I think we have the makings of a perfectly good,
productive commercial district already, at the other end. Mr.
Hogan said they are limited in size. Mr. Demas said it's a lot
bigger that this 52 acres . . . Mrs . Perkins said it could go on
either side. Mrs . Duddleston said there isn't that much across
41
Town of Ulysses/Village of Trumansburg 3
Joint Meeting
February 7, 1991
from the ShurSave, where Bill Auble owns property. Mrs . Perkins
said it would be large enough for a P&C . One of my areas of
concern is that we saw a dramatic drop in pedestrian traffic when
a. the ShurSave moved, and think we will see a considerable drop in
just the number of people who are present in the downtown if the
P&C moves out to the other end.
Mr. Reitz asked "don't you think that the P&C will move anyway?"
Their lease expires in 1993, the stores of the future do not
�.., conform or will they fit on the site they occupy now.
•
Mrs . Perkins said she has heard for ten years that the P&C is
moving out and it's still there. They have a good spot, have
loyal clientele, they know that, they aren't going to jeopardize
that. If we give them a strong message that by staying in the
Village they contribute more to the positive climate of this
community than by moving out, I don't think they would move.
•
Mrs . Duddleston said they don't have the space to expand, don't
have a choice. Mrs . Perkins said I think that they see there is
an opportunity to move and get everything they want without
having to give very much back and maybe I just feel that we have
more bargaining position than maybe you (Town] do. Could be as
wrong or right as anybody, but what I heard at the public hearing
from P&C rep. is that they want to make the community happy, and
if the community sends a message that this is what they want, and
let them build a store of the 21st century, great then they can
make a lot more money, but if we send the message that we want
consideration about centering the commercial district, about
responding to what we already have here as a culture and climate, -
then I think they would do it; don't think we have tried very
hard to ask them what they would be giving up in turn. Just been
arguing over whether or not we want to let Bill Auble have what
he wants .
•
Mr. Demas said we want a grocery store downtown, want to have a
shopping center downtown. Mr. Hogan said if there is a market
for a grocery story downtown that market will be filled by an
enterprising individual. Mrs . Perkins said, not if there is one
at each end. Mr. Hogan said, in time, if there is a need for a
convenience market, it will open downtown.
Mr. Demas said what will happen, you have a wonderful grocery
store on one end, if we put a great big grocery story from the
21st century on the other end, the need for one downtown will be
diminished to a convenience store, that's all we' ll ever get. As
Susan said, I think our best bet is to retain what is a need in
the Village for a downtown grocery store and talk to the P&C
about it.
Mr. Reitz said beside the grocery store, are there any visions of
what the downtown Village should be or will be in the year 2000,
never really heard about anything except to know what has been
there for the last fifty years .
I Mr. Demas said they are applying for a NYS Council of Arts Grant
now to in fact do what is long overdue, and that is a design
study for Main Street. To really look at and question what kind
of commercial businesses would be viable down there, what kind of
parking configurations might work, to attract more businesses and
•
revitalize the downtown. It's really Main Street from one end of
the Village to the next, looking at, the question of commercial
potential, and actually drawings of what we would like it to look
like. This wold be part of the Master Plan, and rather than
react, as we always have been to proposals that come up, we can
say, this is what our vision is and invite people to come in and _
build to meet that. Afraid that isn't specific, but I would
r
Town of Ulysses/Village of Trumansburg 4
Joint Meeting
•
February 7, 1991
really like to see a new grocery store on the existing lot. Know
it couldn't be as big as the one the P&C could build, but we
aren't convinced that how much the P&C makes is the biggest
priority in the Village.
Mr. Hogan said that in any case this is what we wanted to talk to
you about, give you an opportunity to think it over.
Mrs . Perkins said she has one other thing. . .doesn't look at the
Village in isolation from the Town. . .that we interact and people
live in this community, and really it's more the Town almost, •
than it is the Village, because we have become a smaller piece of
the total picture, and I would hope that you would take that very
seriously in consideration when you vote, because I think that
,". whatever happens to one municipality happens to the other. We
are too closely tied, for it not to.
Mr. Demas said, what I hear people saying, going back to that
question, is 'do you mean to tell me that as a Town taxpayer I am
going to be paying to sue myself as a Village taxpayer? ' 'Would
those people really do that? ' I say, I don't think so.
Mr. Hogan said by the same token a lot of people have said to us,
'this thing has gone on for ten years, Bill Auble is going to sue
you anyway. ' If we keep having public hearings that cost a
thousand dollars and keep doing this three or four times a year,
you are going to end up spending a lot of money anyway.
Mr. Bennett said if it goes to court, thinks Auble will win.
Mrs. Perkins said I don't think we go to court just because we
think Bill Auble is going to win. Mr. Demas said I think you
would have to prove that the Village is arbitrary and capricious
in trying to protect its downtowc commercial district and there
is nothing arbitrary or capricious about trying to retain a
grocery store downtown, and retain a vital downtown.
Mr. Hogan said we obviously aren 't going to get all that resolved
tonight, the courts would have to resolve that.
Mrs . Perkins said you have until the 22nd of February, do you
have a deadline that you have to make that docioion. Mr. Hogan
said we haven 't set one as yet, should. Mr. Reitz said the Town
has a Regular Board Meeting on February 12, the problem is that
the attorney has to prepare the documents and be in Albany filing
it on the 22nd. We may make the decision at the meeting on the
12th. Mrs. Duddleston said something else to look at is that we
have four months, maybe longer, to withdraw that, once it is
filed . We could sit and negotiate, talk it over; in order to
meet the deadline we may have to file it, but can withdraw it
down the road some place. Mr . Demas asked Mrs . Duddleston why
would you file it only to withdraw it? Mr . Reitz said if the
Village gives indication that they want to negotiate water and
sewer . Mrs . Duddleston said we would file it because we feel
strongly that is the thing to do, we would withdraw as Tom just
said, that you are willing to negotiate.
Mrs . Perkins said that with the first option, we [Village] stand
very little to gain . If we were interested in expanding the
water district then we would naturally want to annex the land.
That would be the way for the Village to benefit .
Mr . Hogan suggested to the Village Trustees that they talk it
over and let the Town know their decision and we will do the best
we can with our:.; .
•
Mr . Hogan asked if there was anything else to discuss . Mr.
Bennett said he had called Fred Witmore. Was told that fence was
i
Town of Ulysses/Village of Trumansburg 5 •
•
Joint Meeting
February 7, 1991
in wrong plane and would cost 9150. to change it. Feels he is
entitled to 8150. Told him would discuss it tonight and make a
decision. He had a drawing where the fence was to go. Mr. Demas
asked for a copy of the drawing. Mr. Hogan said the Town has a
copy and Mr. Dames suggested sending Mr. Witmore a copy of the
drawing and saying we won't pay the bill . A letter will be
written and both Mr. Bennett and Mr. Hogan will sign it.
Mr. Hogan said he had talked with Roger Rector regarding where
Judicial system would be housed. Didn't feel some suggestions •
would be handy, not accessible to Court Clerk. Mr. Bennett
suggested an intercom system.
, . Hearing no further discussion Mr. Reitz moved to adjourn at
9t15PM, seconded by Mr. Zylich. Unanimously approved, the
• meeting was adjourned.
Respectfully submitted,
- Marsha L. Georgia
Ulysses Town Clerk .
•
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•
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•
TOWN OF ULYSSES
y..
PLANNING BOARD MEETING
FEBRUARY 1 1 , 1991
'r 7 :30 P .M .
PRESENT : Chairman David Tyler ; Planning Board Members -
Ri,:hard Garner , Geraldine } ei l , Budd Stover ;
Secretary Rita Brown ; Zoning/Building Insp .-
Al e;; Rachun .
Others Present : Harry Weber .
•
Chairman David Tyler called the meeting to order at 7 :35 p .m . The
purpose of this meeting was to go through the Site Flan Approval •
material .
Mr . Tyler announced that he had received a call from the Board of •
Repre>entative=- that the Tompkins County Advisory Board on Affordable •
Housing has created a vacancy for a seat to he allocated for Planning
Boards . If anyone from the Planning Board is interested , he would be
pleased to have our Town represented .
The Planning Board has been asked to review the Site Flan and make
recommendation to the Town Board . If accepted , there would be a
public hearing on it , it would be adopted as a local law into our new
Zoning Ordinance . Mr. Weber asked if there would be any public input •
into this plan . Mr . Tyler explained that there is a preliminary draft
that has been on the table for a couple of years and we would review
it and present something to the Town Board . It would then go to the
public for review . Mr . Weber had heard that this plan was just
•
against businesses . Mr . Tyler said that was not necessarily true , but
that is one of the issues that will be addressed as to who this
ordinance will apply to .
A copy of Ulysses Land Use and Development Code , taken from the
• proposed Zoning Ordinance , was handed out to members . Mr . Tyler asked
Mr . Rachun where this document was to apply . Mr . Rachun indicated
that this is suppose to apply for all projects other than residential
and agricultural . It does pertain to commercial and multi-units .
Several questions were asked to just how much control or power the
Flanning Board really has in regards to setting up this document . Mr .
Rachun will pose these questions at the Town Board Meeting tomorrow
night , (Tuesday , February 12) .
Mr . Stover asked at what point the Site Flan review would go into
• effect - when someone applies for a building permit? Mr . Rachun
indicated that it would , or it may start earlier if it was a PUD .
• There was much discussion over whether the Ulysses Land Use and
Development Code draft of February 9 , 1989 should be used as our •
• model . It was agreed that it was a pretty good model of a Site Plan ,
• but that certain sections should be better defined such as Section
• 310 .2 on Applicability .
Mr . Garner proposed that certain geographic areas should be required
to go through Site Flan Review , such as lake property , land adjoining
state parks , etc . There are certain residential areas that should be
considered in this plan as well . Mr . Rachun feels this is basically
covered in Master Plan . Mr . Tyler felt we should focus our efforts
on Route 96 . This discussion was tabled for now .
Mr . Tyler explained that it is very important to have a Site Flan . He
• used several examples of areas that had no Site Flan in effect , and
thinos grew out of proportion such as the Village of Lansing . He
didn ' t want to see that happen in our area .
Mr. Rachun felt we would run into major problems getting anything done
if we start putting restrictions on single dwelling residences . No
one should have excessive restrictions on their properties .
•
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•
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There was some general review of certain areas of the proposed Site
Plan .
Mr . Tyler asked Mr . Rachun , before the next meeting , to go back •
through all the Code references in the Site Plan proposal to make sure
they go back to the existing articles .
Mr .Garner suggested that we call in experts to help write up this
proposal . Mr . Tyler feels our plan seems pretty straight forward and
simple ; just need to clarify certain areas . Mr . Garner requested that
we contact other municipalities that already have a Site Plan in use
just to review .
Mr . Tyler suggests the Planning Board get a draft together , submit it
to the Town Board , and then to an attorney for review . Mr . Rachun
felt that if we use this document as a guideline set by the State ,
work within the framework of this document , that we would have a
document that we could present to the Town Board . The Town can ' t
afford to have an attorney sit and review the whole document . It was
agreed that the Planning Board would draw up the proposal , have it
reviewed by an attorney before it is turned over to the Town Board .
The next meeting will be Monday , February 18th at 7 :30 p .m. Mr .
Rachun will contact' the Association of Towns to get some site plans in
use , and will check all the references in the site plan draft before
the next meeting •
Mr . Stover motioned that the meeting by adjourned ; seconded by Mr .
Garner . Meeting adjourned at 9 :20 p .m .
•
•
•
't
TOWN OF ULYSSES
REGULAR TOWN BOARD MEETING
February 12, 1991
Present: William Hogan, Supervisor; Thomas Reitz, Catherine
Stover, Carolyn Duddleston, Robert Weatherby,
Councilpeopla; James Meeker, Highway Superintendent;
.,: Marsha Georgia, Town Clerk; Alex Rachun, Zoning/Bldg . ;
James Mason, County Board of Reps .
Others Present: Dorothy Sellers, Elsie Vann, Winnie Baker, David
Auble, Carl Mann, Jerry Perkins, Peter Meskill, Beach Stover, Ann
Stover, D. Burke, P. Sterns, Pill Parker, Jim Brown, Glenn
Applebee, Linda Smith, Steve Proctor, Mr. Lounsbery, Jim Seafuse,
Mr. Petrovic, Roger Meier, Mr. & Mrs . Gunn, Boy Scouts -Organ,
Overbaugh, Meier, Harry Weber, Ruth & Peter Kahn, Lou Poley,
George Patte, Mr. & Mrs. Demas, D. Peitz, Alan Vogel, Bob Brown,
T.R. Forbes, David Tyler, Andy & Ruth Scott.
Mr. Hogan, Supervisor, called the Regular Town Board Meeting of
the Town of Ulysses to order at 8:00PM and led those in
attendance in the Pledge of Allegiance to the Flag of the United
States of America.
•
Mr. Hogan entertained a motion to approve minutes of the Regular
Town Board Meeting January 8, 1991 and the Adjourned Board
Meeting January 19, 1991, moved by Mrs. Duddleston, seconded by
Mr. Reitz. Unanimously approved.
Report - Trumansburq Fire Department
Mr. Hogan read the report submitted by the Trumansburq Fire
Department (see attached) .
Report - Representative James Mason
Mr. Mason reported that they are going to Syracuse tomorrow to
•
meet with the DEC on landfill closure order. Have been ordered
to close the landfill by December 31, 1991 . Lot of conditions
that have to be agreed upon. Working through the consent order
and hope to iron out most of the details in the near future.
Piece of bad news received this past week is that the Court of
Appeals has agreed to hear the Town of Drydens suit against the
County which has already been through the Appellate Court; was a
unanimous five judge decision that upheld the County's position.
Will probably be another year by the time wo got through this
process of one suit after another.
Would be nice if some of the other municipalities would give us
some help in letting the Town of Dryden know that this continued
litigation serves no one, and is only prolonging the inevitable .
This past tax warrant was the first where people had the option
of paying in installments . Interesting to see how many people
took advantage of it. . .surprisingly few. In the Town of Ulysses
with 2,223 tax parcels only 116 took advantage of installment
payment and that accounted for about 6% of the total warrant for
the Town of Ulysses . Had thought more people would take
advantage of this .
Claims
Mr. Hogan entertained a motion to approve Claims #26-75 for the
total amount of 4165, 652. 27, moved by Mr. Reitz, seconded by Mr.
Weatherby. Unanimously approved .
Mr. Reitz stated that one point of information, one bill for
Town of Ulysses 2
Regular Town Board Meeting =
February 12, 1991
insurance alone was for $40,000 .00 .
Supervisor's Financial Report
Mr. Hogan said that the Tax Collector hasn't turned over any
• money to the Town as yet. That money isn't reflected in this
report. Mr. Hogan read the rest of the report.
Hearing of Delegations and Individuals
Bill Parker - Senior Citizens - In the past the Town of Ulysses
has matched State funds for our recreation fund . Was wondering
if the Town will continue to pay what they have in the past, for
the rest of the year, or even increase it if possible. Mr. Hogan
responded that there are many State cuts, would find out what the
Town can do and will let Mr. Parker know.
OLD BUSINESS
Spruce Row Campsite
Discussion took place regarding a map for Spruce Row. This map
is a State requirement and will show population density,
watershed, structural landmarks, etc. The cost last year was
$800 . and probably wouldn't go over 61000. this year. Was
suggested that Mr. Weber and the Town equally share the cost.
Mr. Hogan entertained a motion to precede along the lines of
providing an adequate map; with Mr. Harry Weber to share in half
of the cost, not to exceed a total of 61,000.00, moved by Mr.
Reitz, seconded by Mrs . Stover. •
Mr. Hogan Aye
Mr. Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Nay
° Mr. Weatherby Aye
Adopted .
RT 96 Lighting
‘" Mr. Hogan asked Mr. Meeker if he had heard anything from State.
Mr. Meeker had not heard as yet.
Auble Annexation
Mr. Hogan stated that we have a resolution passed by the Village
at their meeting last night, which addresses their view of the
Auble Annexation, and which Mr. Hogan read (see Auble file in
Town Clerk's office) .
Mr. Hogan said that obviously the Town has worked long and hard
on the Auble Annexation, talked with a lot of people to get their
opinion, etc . Have met with the Village several times, they have
their reasons and are entitled to their opinion, so tonight we
have to decide what course of action we have to take. There are
three things we can do: we can ask the Village if they will
entertain forming a sewer and water district and selling this for
a rate and a half to the Auble project; two, could issue an
Article 78 and ask the Appellate Court to decide what is in the
best interest of the community; or three, we can just do nothing,
and let it go.
Last week, when we met with the Village, they were not interested
in forming a water and sewer district and of course they are not
t ..Yti I.�f.. ss �..J:.. -4't•.t. •.y . .ft rrMt �•. .. • . . r. � . . . . �. ..1.i • '� �.•. • - •\.•'�• a .�i • ♦ � �i'1 iii • • �\•�>♦M.i•I•.\1. . . '4.4' '
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Town of Ulysses 3
Regular Town Board Meeting
February 12, 1991
interested in having us issue an Article 78.
Mr. Hogan asked the pleasure of the Board. Mr. Hogan said he
would have to go on record as saying he does feel that for the
overall benefit of the majority of the people in the community,
additional tax base is important and is needed. Getting too
expensive for the average person, working or retired on a fixed
income, to live in this bedroom community without any commercial
or industrial base. Something has to be done. The way the
annexation law reads, the Village had to file an official notice
w.,4,th the Town and County Clerks that they had voted down an
annexation request. The Town has thirty days from that date,
which was the 23rd of January, in which to take action. That
gives the Town until the 22nd of February. . .and have to decide
before that to give our attorney time to prepare the paperwork
and get it to Albany.
Several people in attendance made comments regarding the Auble
Annexation. . .they were again reminded that the public hearing had
been held and they had their chance to address this issue then.
Mr. Mogan entertained a motion, moved by Mrs. Duddleston,
seconded by Mr. Reitz the following:
RESOLVED: that the Town Board of the Town of Ulysses proceed
with the filing of the Article 78.
FURTHER RESOLVED: that the Town be prepared to withdraw •
the Article 78 proceedings at any time there is
an indication that the Village Trustees are
® willing to talk to the developers.
Mr. Hogan said that he still feels that it is not a good idea for
the Town to sue the Village. The people in the Village are
paying Town taxes. . .not a good idea to sue our neighbors . Mr.
Reitz said an Article 78 is a challenge of proceedings . . .think
the Village Trustees were premature in their decision and perhaps
didn't have all the facts; didn't wait for the transcript for
people to review. Think our position is annexation is
appropriate.
Hearing no further discussion, Mr. Hogan asked for a roll call
vote.
Mr. Weatherby Nay
Mrs . Duddleston Aye
Mrs. Stover Aye
Mr. Reitz Aye
Mr. Hogan Nay
Adopted
Judicial System
Mr. Reitz stated that there are plans to have a Joint
Village/Town meeting on February 19th at 7: 00PM. Will be meeting
with Mr. Zylich to address the judicial needs . Mrs . Duddleston
asked when salaries, hours, etc. would be discussed and Mr. Hogan
said sometime in March.
Appointment/Planning Board Secretary
Mr. Reitz moved, seconded by Mrs. Stover to appoint Rita Brown as
secretary to the Planning Board and Zoning Board of Appeals at a
rate of 07.00 per hour.
Mr. Hogan Aye
Town of Ulysses 4
Regular Town Board Meeting
February 12, 1991
Mrs . Stover Aye
Mr. Reitz Aye
Mrs . Duddleston Aye
Mr. Weatherby Aye
Adopted
Appointment/Town Justice II
Mr. Hogan said there were four good candidates for the Town
Justice position. Mr. Reitz moved the name of John Ward as the
Town Justice to fill the term this year, to expire December 31,
1991 , and to start immediately. Seconded by Mr. Weatherby.
Mr. Hogan Aye
Mrs. Stover Aye
Mr. Reitz Aye
Mrs. Duddleston Aye
Mr. Weatherby Aye
Adopted
Appointment/Town Attorney
Mrs . Duddleston moved that Bruce Wilson be appointed as Town
Attorney for one year, expiring December 31, 1991, seconded by
Mr. Weatherby.
Mr. Hogan Aye
Mrs. Stover Aye
Mr. Reitz Aye
Mrs. Duddleston Aye
Mr. Weatherby Aye
Adopted
NEW BUSINESS
PUD Request/Pleasant Grove Assoc.
Mr. T.R. Forbes stated that he is one of the partners in Pleasant
Grove Assoc. . Have nine acres in Jacksonville which they would
like to develop; build professional buildings . Have submitted
plans for one building, detailed map, environmental assessment
forms . Idea in mind is for professional, commercial office
space. Four buildings proposed, to be constructed as rented.
Would eventually have a total of eight buildings.
Mr. Hogan asked if all the Board members had looked over the
request and Mr. Weatherby had not had a chance. Looked at the
map provided, only four buildings shown. Mr. Rachun said that if
eight buildings are going to be built, then eight buildings
should be shown on the map. Otherwise everything else seems to
be in order.
Mr. Forbes said they would like to have one entrance; have like a
meadowlands. . .flowers, pasture. Is the kind of development that
would fit the landscape and environment.
Mr. Hogan requested that Mr. Forbes add the other buildings to
the map; submit and then it will be passed on to the Planning
Board.
Mr. Reitz said you have indicated that your water supply is five
gallons a minute; a private well I presume. Mr. Forbes said that
is the well that has been there at the house. Plan to dig other
wells for each building and also put in other septic
fr SS.
v'.
Town of. Ulysses 5
Regular Town Board Meeting
February 12, 1991
•
systems . . .whatever the County requires .
Mr. Hogan said this request will be tabled until the other four
buildings are added to the map. Mr. Reitz asked if the existing
�` house would be in the PUD or left as residential . Mr. Forbes
said that will become a bed and breakfast in another week and -
doesn't see any problem having it included in the PUD.
ACC/Senior Citizens Discount
Mr. Hogan stated that he contacted ACC regarding seniors
receiving a discount. Barbara Lukins said they would allow
senior citizens/low income discount for this area. The Town
•
would have to take care of helping people with their request.
ACC will provide the discount but we would handle the
eligibility . Will send a packet of information and income limits
that are being used by the City of Ithaca. Also a map indicating
areas where there is cable TV now. Mr. Hogan suggested tabling
this item until all the information is received.
Association of Towns Resolutions
Mr. Hogan stated that he would like to have a vote on the eleven
resolutions so that Roger Rector, Town of Ulysses delegate, can
register our vote.
Resolution Number 1 : Solid Waste - Reitz, Nay; 4 Others, Aye:
Agreed
•
Resolution Number 2 : Recycling Markets - Unanimously Agreed
Resolution Number 3: Revenue Sharing - Unanimously Agreed
Resolution Number 4: Wicks & Chips Bidding Mandates -
Unanimously Agreed
Resolution Number 5: Municipal Ethics - Unanimously Agreed
Resolution Number 6 : Impact Fees - Unanimously Agreed
Resolution Number 7: Government Finance Initiatives -
Unanimously against this resolution, leave up to delegate to
decide after hearing discussion at meeting.
Resolution Number 8 : Primary Polling Places - Unanimously Agreed
Resolution Number 9: Sales Tax - Unanimously Agreed
Resolution Number 10 : Condominium Assessment - Unanimously Agreed
Resolution Number 11 : Assessment Revaluation - Unanimously Agreed
Park And Ride
Mr. Reitz stated that Cornell has a proposal called
Transportation Demand which they now offer free parking to
employees in periphery lots. The intention is to remove at least
one o= these lots and charge up to $200. to park in the lot.
Central campus would go up to $400 . a year for parking. Cornell
is also offering free bus passes to anybody turning in their
parking permits on campus. The impact on the Town would be that
people would drive their cars to a Park And Ride lot, pick up the
TomTran bus for free and go to work. Think it is time to look at -
our Park And Ride lots in the Town of Ulysses . Have talked to
County Planning Board and they would appreciate any input on
possible Town locations .
•
''. Town of Ulysses 6
Regular Town Board Meeting
February 12, 1991
•
Mr. Hogan asked David Tyler, Planning Board Chair, if this was
something his committee would look at.
Mr. Reitz said that locations they are looking at would be cross-
roads and either RT 96 or RT 89 corridors . Prefer western side
of either of these routes . Cornell is talking of implementing
this by July 1 , 1991 and guaranteeing five years of free
transportation on the bus service.
Resolution/Planning Board Sub-Committee
Mr. Hogan said the Town has received a suggested resolution (see
attached) from the newly appointed Town Planning Board Sub-
, Committee. . .the people who are working on a Master Plan for the
Town.
Mr. Applebee said that one of the first things the sub-committee
decided they needed was a charge, other than a verbal charge, to
draw up a master plan. Looked into master planning, and that is r
what this resolution does . A master plan is essentially a guide
to physical development of a community, a scheme which describes
how, why, when and where to build, rebuild, or preserve the
community; it is long range. . .five years plus . We would hope for
approval of this resolution so we can proceed with the planning
work.
Mr. Reitz asked if the charge should also come from the Planning
Board since the Master Plan Committee is a sub-committee of that
Board . Mr. Tyler said the Town Board created the sub-committee
and the Planning Board is willing to work with them. Mr. Hogan
asked if the resolution should be amended to read 'the Master
Plan Committee will be given a clear charge from the Ulysses Town
Board and Town Planning Board' ? Mr. Reitz said Yes, he agreed.
•
Mr. Hogan said that under Item #5 (monetary amount allocated) the
suggested amount was '$500. from the Town's Master Plan Reserve
Fund to pay for various resources to be utilized in preparation
of the plan, copies, maps, phone calls, etc. ' . Mr. Hogan said
that we have some money set aside for master planning so lets put
in $500. Secretarial services are an additional expense.
Mr. Reitz stated that a good point had been raised, that Rita
Brown, secretary to Planning Board/ZBA could be utilized by the
• sub-committee when needed. Mr. Hogan said that it is also
contemplated that the sub-committee will tape their meetings; if
there is something that involves an important decision then you
can have that transcribed.
Mr. Hogan address Item #6 . . .publicize when meetings are as news,
rather than a paid advertisement. Item #7 'Planning Board and
• the Board of Zoning Appeals are hereby directed to each appoint
one from their membership to become members of the Master Plan •
Committee; further, that person is hereby appointed by the Town
Board as its member of the Master Plan Committee' . Mr. Hogan
asked if anyone on the Town Board would like to volunteer for
that job. Mrs . Stover said she would be willing to do that.
Mr. Reitz asked if the Planning Board had made a recommendation
for a member? Mr. Tyler said they just had their first meeting,
so someone will attend. Also under Item #8 ' in order to
coordinate planning with our friends and fellow Town citizens in
the Village of Trumansburg, the Village is hereby invited to
appoint one of its citizens to be a member of the Ulysses Master
Plan Committee' . . .Mr. Meskill asked that a copy of the resolution
be sent to the Village and they will act on that.
Hearing no further questions or comments, Mr. Hogan entertained a
3 if
Town of Ulysses 7
Regular Town Board Meeting •
February 12, 1991
motion to adopt the resolution as amended, moved by Mr. Reitz,
• seconded by Mrs . Duddleston.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs. Stover Aye
Mrs. Duddleston Aye
Mr . Weatherby Aye
•
Adopted
Loader
Mr. Meeker, Highway Superintendent, explained that he can buy a
new 644E John Deere Loader under NYS bid, which is good through
March, for 975, 216. Asking Town Board to accept the State bid
contract price, have money in Highway Equipment Reserve. Can't
trade in the old loader when going State bid so will have to sell
that outright and can probably get about 98,000.
Mr. Reitz moved to approve the voucher for State bid contract to
John Deere Industrial Co. for $75,216 . for a 644E Loader, money
to be used from Highway Reserve Fund, and be subject to
permissive referendum as required by law, seconded by Mrs.
Duddleston and Mr. Weatherby.
• Mr. Hogan Aye
Mr. Reitz Aye
Mrs. Stover Aye
Mrs . Duddleston Aye
Mr. Weatherby Aye
Adopted
Elderly Exemption/Real Property Tax
Mr. Hogan said Mrs . Georgia had received information regarding
raising the income level for senior citizens to become eligible
for a tax exemption.
The County has passed increasing the limit from $12, 000. to
$15,000. and under certain conditions that limit can go to
$18, 600. Mr. Reitz said that this has not been increased since
1983 in the Town of Ulysses.
Mr. Reitz moved to increase the income range for senior citizens
as per the State and County guidelines as presented, seconded by
Mrs . Duddleston.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs. Stover Aye
Mrs . Duddleston Aye
Mr. Weatherby Aye
•
Adopted
REPORTS
Town Clerk - Mrs. Georgia reported that for the month of January
the total fees collected were $6,217.85 of which 93,753.42 was
turned over to the Supervisor. This included In Lieu of Taxes,
the money we get from the properties that are Tompkins County
Development which was $2,798. about 25% up from last year because
of the new assessment. Also received $32 . 53 from the American
Legion for Bell Jar. Received Auble's Trailer Park license.
'�r wt Y..:. ^i , .:.4s +t' .°T.: r I' -+..- .. .1 .4 l., r. � .�. ..'I ..,,_ .. ✓, r
mot' .i
Town of Ulysses 8
Regular Town Board Renting
February 12, 1991
Mrs . Georgia mentioned the problem with the computer while the
tax collector was working. . .had Mark Schrager in to work to check
out the Tax Collectors back-up and he left a letter for the
Board. Mark does not recommend putting the Town Clerk's package
on the computer until it is straightened out. Computing Center
came in on Monday since the new hard-drive is relatively new.
Mr. Hogan said that the bookkeeper will talk with the Computing
Center. Mrs . Georgia said that she wouldn't recommend putting !1®�
any more money into the present computer to upgrade, etc. , would
look into a new computer and keep the old one for just word
perfect use. The current one is 4-5 years old. Mr. Reitz said
he agrees with what Mark Schrager recommends, the computer is
perhaps reaching the end of its useful lifetime. Mark has made a
very good recommendation regarding a new computer; good price and
very fast.
Highway Superintendent
Mr. Meeker reported that the loader warranty is for twelve
months, 100% parts and labor additional 48 months engine power
transmission. Plowed and salted as needed. Working on guiderail
project down on Maplewood bridge. Have a recall on the 1989
Mack.
Zoning/Building Inspector
Mr. Rachun reported that it was a slow January; two permits for
miscellaneous construction, total cost $12,000. , total fees
received $60.
Planning Board met to discuss Site Plan Review, came up with some
questions and I will present them to you for review. One of the
first questions on the Site Plan Review process is where does the
ultimate responsibility lie. . .with the Planning Board or the Town
Board? Mr. Rachun said that in Town Law, Site Plan Review
generally ends up with the Planning Board, but with Planned Unit
Developments the Town Board ultimately votes on whether it goes
or not. Mr. Rachun said he thinks it should stay with the
Planning Board. Mr. Hogan said he would go along with Alex's •
recommendations, leave it up to the Planning Board. Mr. Rachun
said the Town Board should talk it over with the Planning Board.
Mr. Hogan said he could talk with them if the Town Board feels it
should be a responsibility of the Planning Board . Mrs . Stover
would like to think about it. Mr. Reitz and Mrs . Duddleston
would like to review it before making a decision.
Mr. Rachun said another issue. . . the Town Board is going to be
responsible as the lead agency for SEAR in Planned Unit
Developments and in annexation and things of that sort. The
question is would you like the Planning Board to do the SEAR leg
work for you and then you (Town Board] would review it. . .or would
you like to do that entirely on your own? Seems that if the
•
Planning Board is doing the requirements for a PUD the SEAR could
be done coincidentally and the Town Board could review it. Mr.
Reitz said he has no problem with the Planning Board doing the
leg work for SEAR .
Mr. Rachun said the other item is the Pleasant Grove Assoc. . .got
from them that they were not planning on eight units, will go
with four. . .question is if there has to be another Town Board
meeting or can they submit with a letter? They are aware that if
they intend to add another four later on they would have to start
over.
Mr. Hogan said then this should be tabled until will receive the
SEAR map? Mr. Rachun said Yes. Also urged the Town Board to
..• .. . . '.T .'�'. �. . . .. .... •.fir.' �•: .f! •
Town of Ulysses 9
Regular Town Board Meeting
February 12, 1991
6
contact Glenn Applebee on the Master Plan Committee and find out
if anyone from that committee would also serve on the Planning
' Board.
Decided to advertise the openings on ZBA and Planning Board one
more time and ask for letter of intent. Mr. Hogan said he has
• one applicant for Planning Board so far. Also has a letter from
Tompkins Community Hospital requesting a person to sit on the
Tompkins County Hospital Corp. for a two year term. Aileen Beers
is going to contact Mr. Hogan with a nominee.
•
Board Members
Mr. Reitz said he was prepared tonight for the Board to look over
SEOR actions. Distributed information regarding SEOR.
•
Correspondence
Mr. Hogan stated he had received correspondence as follows :
Martin Luster regarding reduction in revenue sharing; Sheriff's
• Dept. regarding arrests of people dumping garbage and need of
truck; letter of intent from Christopher Gunn for Planning Board;
State Comptroller's Office/scheduled us for review; Agenda County
•
Planning Board; letter from Ruth Kahn re Auble Annexation; Dept.
of Planning; NYS DEC/report on Jacksonville water; census
figures; Tompkins County Health Dept. re public water system
which will be forwarded to Gail Zabawsky.
Mr. Reitz mentioned re this Pleasant Grove Assoc. . . .they will be
creating jobs. . .maybe we can get a Community Block Grant of some
type to bring water to a location like that. Will explore
possibility.
Mr. Hogan continued. . .also received correspondence on State Aid
to Local Government; Association of Towns brochure; letter about
the computer; invitation from Board of Directors of EOC for a
retreat; energy audit from NYSEG which has to be reviewed.
Mr. Weatherby asked if anything has been determined about a
retirement function for James Rice. Mr. Reitz said nothing has
been decided as yet.
Hearing no further business Mr. Hogan entertained a motion to
adjourn, moved by Mr. Reitz, seconded by Mrs. Duddleston.
Unanimously approved the meeting adjourned at 10: 50PM.
Respectfully submitted,
Marsha L. Georgia
Town Clerk •
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TOWN OF IJLYSSE0
CASH FLOIJ STATEMENT
CHECKING
Balance 12/31/90 25599. 14
Receipts & Transfers 55406. 60
Disbursements & Transfers 80985. 91
Balance 01/31/91 18. 83
SUPER :SAVINGS ACCOUNT .
(Balance 12/31/90 84741. 48
Receipts & Transfers
Disbursements & Transfers 16900. 00
Interest 390. '.32
Balance 01/31/91 58232. 40
Tax Collector 5-7 Account 2500. 00
Tax Collector Petty Cash 100. 00
CAPITAL RESERVE ACCOUNTS INCLUDING INTEREST •
Highway ,Reserve 874227. 15
1
General Reserve 7390. 0.1
Part Town Reserve 7039. 62
Reserve for Unemployment Insurance 618. 07
Highway Reserve C. D.
General Reserve C. D. 6025. 06
Part Town Reserve C. D. 10400. 99
Reserve for Unemployment Insurance C. D. 6100. 10
Petty Cash 150. 00
TOTAL TOWN FUNDS 196002. 23
THE .
ASSOCIATION OF TOWNS
c.
OF THE
STATE OF NEW YORK
146 Swt Stmt
O./MUM NAM Albay.N.Y.11207 A.KEVIN CRAW FORD
Iris Swan Case,
• Za11A a uTNi
Dins Ana C�TM sk •
December 31.1990
. Deer Town Clerk:
PLEASE READ AT FIRST 1991 TOWN BOARD MEETING '
Contains Dated Material to be Returned ••-
Tho 1991 Annual Meeting of this Association will be held at the New York Hilton Hotel, New York r.
city, February 17-20, 1991. ThIs Is a training session for town officials. The following Is a brief outline of
events:
INFORMATIONAL FEARING from 3:00 to 5:00 p.m.Sunday Afternoon,February 17,In the Beekman •
Ballroom. See over page. .
GENERAL OPENING SESSION for all town officers,9.•00 am.Monday Morning,February 18,Grand •
Ballroom.
GROUP SESSIONS for the various categories of town officers and special programs follow the
Opening Session as will be set forth in the printed program: .
t. Town Board Members Generally Fiscal Officers
Urban Towns Building Officials
Assessors' Planning &Zoning Officers
• Highway Superintendents Town Justices Generally
Town Clerics Town Justices (Advanced,
Town Court Clerics Accredlted)•
Tat Collecting Officers Town Attorneys
HNctorians Police &Constables •
_ BREAICFAST WITH THE ASSOCIATION 8.•00 am., Tuesday Morning, February 19.
• • ANNUAL BUSINESS SESSION (Official al Delegates) 9:00 am.,Wednesday Morning, February 20.
SPECIAL PROGRAMS In the areas of Planning&Zoning, Solid Waste Managerent, Ethics, GIS,
Recycling and Records Management and other important and timely subjects will be available.
,. ,.�7 .:�,,; ..
- ' Cerific lion Courses
ity.Y� \p
• Programs conducted by Off os d Court Administration dl"
\
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b
• , ,1 \k'\p' A ;if ,
... •
r . . . .. .. . .
• •
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The Constitution of the Association provides:
'On all questions arising at meetings of the Association,each member town In good standing shall
be entitled to one vote.Such tote shall be cast by a person designated by the town board of such member
•
town, registered and present at the meeting at which the irate Is offered. The town board may designate
an alternate to cast the rote of such town In the absence of the person so designated. No person shall be
designated as a representatwe of a town or alternate unless he shall be an elector of the town so
designated.•
Any town which has paid Its dues for the year 1991 BEFORE the Annual Meeting Is a member in
good standing.A CERTIFICATE OF DESIGNATION OF THE VOTING DELEGATE for your Town is enclosed.
The CERTIFICATE MUST BE EXECUTED AND RETURNED TO THE ASSOCIATION,146 State Street,Albany,
New York 12287-1871,NO LATER THAN FEBRUARY 8 for the Credentials Committee to review and establish
eligibility.
Official voting delegates designated In such Certificate of Designation,Including those who have pre-
. registered, mist report to the Headquarters office, Clinton Suite.
(AU other officers attending the Annual Meeting report or register in the Promenade Area on the Mezzanine
Floor)
A copy of the preliminary 1991 Legislative Program developed at a Joint meeting of the Executive
Committee and the Resolutions Committee is attached. The Resolutions Committee will present the
Legislative Program to the Delegates at the 1991 Business Session.RESOLUTIONS SUBMITTED AT LEAST
15 DAYS BEFORE TFE 1991 ANNUAL MEETING will also be received and considered for recommendation
•
at the Business Session.
So that delegates win have an understanding of proposed resolutions prior to the Business
Session on Wednesday, an Informational Hearing on the resolutions will be held by the Executive
and Resolutions Committees Sunday Afternoon,February 17, in the Beekman Ballroom from 3:00-
' 5:00 p.m. .
The registration fee wit include 'Breakfast with the Association' an Tuesday Morning. This fee
together wMh other actual and necessary expenses of town officers and employees authorized by town
boards to attend, w a lapel town charge tinder 77-b of the Goa Municipal Law.
Registration receipts will be Sued. They should be retained by each town officer or employee
attending and should be attached to claim vouchers presented to town boards for reimbursement of •
attendance expenses.The official Annual Meeting Bulge must be displayed for admission to all sessions.
•
•
•
• •
1991 Resolutions Reported by the Resolutions Committee
of the Association of Towns of the State of New York
RESOLUTION NUMBER 1: SOLID WASTE
The crisis in solid waste management remains a primary concern of town government
throughout New York State. The voters' rejection of the 21st Century Environmental Bond
Act only served to magnify the immediate need to identify and commit a dedicated,
reoccurring stream of State revenue to support local efforts to address this problem.
• As a first step, the packaging tax enacted in the 1990 Legislative Session and intended to
help retire the debt from the Environmental Bond Act — should be dedicated to funding
solid waste efforts at the local level. Also, it is imperative that $162 million in State
matching funds be appropriated to leverage the$874 million Federal wastewater treatment
funding which will otherwise be forfeited.
In view of the absence of any meaningful fiscal support from the State to date, the
Association calls for the suspension of enforcement of landfill closure orders wherever grant
monies from DEC are not available; and for the rollback of any other related solid waste
mandates until such time as State funding is in place.
RESOLUTION NUMBER 2: RECYCLING MARKETS
New and expanding markets for recycled goods must continue to be developed if the
mandatory recycling programs of town government are to be successful and cost effective.
Expansion of those markets and dissemination of information about their availability must
be given the highest priority by State agencies such as DED and DEC rep
RESOLUTION NUMBER 3: REVENUE SHARING
h`
The shift of tax burden from the progressive State income tax to regressive local real
property taxes is not a fair or responsible policy for New York State. While we recognize
that the Federal Government has in recent years, increased the burden on States and local
governments, ouritate's rest should not be a similar transfer down to the local level.
The Revenue Sharing Program must be protected, its funding preserved. Having received
no increase since 1986, it has not contributed to the State's current deficit problem. Thus,
it should not be subject to reduction. Similarly, the integrity of the CHIPS program must
- • be maintained,especially if the State's goals represented by the 1988 Transportation Bond
Act initiative are to be realized :7.
•
•
I: i
RESOLUTION NUMBER 4: WICKS AND CHIPS BIDDING MANDATES
• Especially in this time of fiscal crises, cost cutting and State aid reductions, the Legislature
and Governor must act to repeal the 60-year old burden of Wicks and the arbitrary outside
bidding mandate of the CHIPS program. These mandates waste millions annually, more •
now than ever before with the continued growth in town populations necessitating ever
_ increasing—capital building and highway project outlays.
_ 11
RESOLUTION NUMBER 5: MUNICIPAL ETHICS
- . Our Association supports a code of ethics which prohibits conflicts of interest and protects
our taxpayers. We support amendments to current standards which will result in a code of
conduct which is clear, unambiguous and reasonable and which will continue to permit the
adoption of even more restrictive local standards by each town board.
The Association of Towns remains opposed to revisions to the municipal ethics standards
of the General Municipal Law which would mandate an intrusive annual financial disclosure
filing by all town officers or employees.
rto
RESOLUTION NUMBER 6: IMPACT FEES•
In order to more equitably spread the burden of cost now borne almost exclusively by the
regressive real property tax, the Association of Towns calls upon the Legislature and
Governor to approve enabling legislation which would give local governments the option to
impose and collect an impact fee on new development which adversely impacts the capital ,
infrastructure and service provision capacity of local government.,l�,,, 1,
_
RESOLUTION NUMBER 7: GOVERNMENT FINANCE INITIATIVES
With the erosion of fiscal support from the Federal and State levels, and in consideration
of the current State budget deficit, local governments need added flexibility in financing
essential local projects. •.., : . .
The Association supports amendments to General Municipal Law, §109-b provbions to
permit the option of the financing of real property capital projects through the use of the
installment purchase mechanisms. •Also, the Association supports repeal of the
Constitutional mandate referred to as the "50% Rule" which requires equal payments of -
principal throughout the entire term of any debt issue,and again requests the same enabling
authority now enjoyed by cities and villages for the option to impose a gross receipts tax on
utilities. e 2
•
. - • •
•
RESOLUTION NUMBER 8: PRIMARY POLLING PLACES
The Association of Towns supports Election Law legislative amendments which would allow
• for the consolidation of polling places in a primary election. This would result in an easing
of the financial burden on many town governments which have to conduct primary elections.
The November 1990 elections again highlighted the many, many examples of wasted
resources which could have easily been saved without any loss of access to the voting booth
by the public. Y„Qi/
RESOLUTION /NUMBER 9: SALES TAX
The Association of Towns supports legislation which would require counties to share at least
50%of the proceeds of a county sales tax with the general purpose local governments within
• the county. Town government is a primary provider of services to the business community
that generates the sales tax. As preliminary results from the 1990 Census indicate,
population in towns throughout our State continues to grow. The amount of sales tax
revenue generated in towns continues to increase; in many if not most instances, the great
majority of sales tax generated in a county comes from businesses located in town areas.
Town government deserves equitable treatment in the distribution of this important source
of revenue.
RESOLUTION NUMBER 10: CONDOMINIUMASSESSMENT
The State Division of Equalization and Assessment has reported a tax shift of more than
$38 million annually as a consequence of Section 339-y of the Real Property Law. That
section calls for assessing condominiums artificially as if they were rental property rather
than individually based on their market value. The Association of Towns again calls for
legislation which would amend the Real Property Law to eliminate the preferential aspects
of condominium assessment. �„ -„ , o
RESOLUTION NUMBER 11: ASSESSMENT REVALUATION
The Association requests consideration of legislative or rulemaking changes which would
assure that use of equalization rates in determining special franchise assessments will not
cause an inequitable shift in tax burden onto residential properties when municipalities
undertake a revaluation program.
3
Cessessar
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TOWN OF ULYSSES •
PLANNING BOARD MEETING
FEBRUARY 18 , 1991
7 :20 P .M .
•
•
PRESENT : Chairman David Tyler ; Planning Board Members -
Richard Garner , Geraldine Keil , Seville Reulein ,
Roland Reynolds , Budd Stover ; Secretary Rita Brown :
Zoning/Building Insp .- Ale:: Rachun .
Others Present : Thomas Reitz , John Czamanske .
Chairman , David Tyler called the meeting to order . A memorandum from
the Tompkins County Planning Department was passed around that
announced that the Southern Tier East Regional Planning Board would be
sponsoring some workshops on Local Planning and Zoning if any members
were interested in attending .
• The Master Flan Committee was given a charge by the Town Board to draw
up a Master Flan for the Town of Ulysses . Mr . Tyler asked if anyone
• from the Planning Board was interested is representing the Planning
Board at this Committee . It was agreed that Mr . Tyler would be our
representative . In the event that he could not make the meeting , Mr .
Garner would sit in for him . Mr . Reitz announced that Catherine
Stover would be attending to represent the Town Board .
•
Mr . Tyler handed out an excerpt taken from the Town Law which spells
• out clearly what the Planning Board can and cannot do .
•
The Planning Board started going through the "Project Approval "
section of the "Ulysses Land Use and Development Code" which was
e:itracted from the new Zoning Ordinance . It was agreed by the
Planning Board that this would be called "The Site Plan Review" .
•
Section 310 . 1 - The question came up regarding the definition of •
"approve . " It was agreed that there must be a majority of the
•
Planning Board to approve or disapprove . Since there is no Planning
Board Permit as such , it was agreed to change " . . .specified
activities , by issuance of Planning Board Permits (Zoning Permits
issued by the Zoning Officer on the direction of the Planning Board) . "
to read " . . .specified activites by resolution , which shall constitute
the Board 's decision . "
•
Section 310 .2 - Applicability . It was agreed that wherever Planning
Board Permit appeared , it would be changed to read "Site Plan Review . "
There was more discussion as to whether residential should be included
in the Site Plan Review . Mr . Rachun suggested that rather than
include residential in Site Plan Review , we could use SEORE which
allows the Town to designate certain areas as environmentally critical
• areas . It was agreed by the Board that we go through this document
• with the commercial aspect in mind , and then possibly review it at the
end in regards to certain residential concerns . When we submit our
final Site Flan to the Town Board , we can make recommendation then to
• designate certain areas to be covered by SEORE or that it be
f considered by the Master Flan Committee .
Mr . Garner had a sample of a Site Flan Review from another township .
®
•
The Planning Board decided to use this Applicability Section . This
section reads as follows with the Planning Board 's recommendations :
"All new land use activities within the town shall require site
plan review and approval before being undertaken ,' except the
following :
• 1 . Construction of one- or two-family dwelling and ordinary
accessory structure , and related land use activities . (Approved
as is by the Planning Board) .
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$111
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2 . Landscaping or grading which its not intended to be used
in connection with a land use reviewable under the provisions of
this local law . (Delete completely)
3 . Ordinary repair or maintenance or interior alterations
to existing structures or uses . (Approved as is . )
4 . Exterior alterations or additions to existing structures
•
which would not increase the square footage of the existing
structure by more than 25% ; and having a cost value of less than
t5 ,000 . (Delete "and having a cost value of less than $5 ,000 . "
Planning Board to reconsider percentage . )
• 5. Nonstructural agricultural or gardening uses not
involving substantial timber cutting .
•
6 . Signs under 10 square feet . (Delete completely as the •
Town of Ulysses has a sign ordinance in place . )
• 7 . The sale of agricultural produce and temporary •
structures related to sale of agricultural produce .
• - B. Garage , lawn and 'porch sales not exceeding three days. ".
If such sales take place more often than three (3) times in any •
calender year , site plan approval will be required . (Delete. )
More discussion of this will be continued at next meeting on Monday ,
February 25.
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-t . . .h. :t' . . . . . :.• . �( i :lA! !. f•.. .t !• ,1 r•s,rl a•i'l1 4; ' '1.v�-�'y 1:'�
q
JOINT MEETING
TOWN OF ULYSSES
VILLAGE OF TRUMANSBURG
February 19, 1991
Present : William Hogan, Carolyn Duddleston, Robert Weatherby,
Susan Perkins , Peter Meskill , Catherine Stover , Thomas
Reitz, Karl Zylich, Marsha Georgia. •
Others Present : Christine Springer, Carl Mann, Bill Griswold.
Mr. Hogan opened the Joint Meeting of the Town of Ulysses/Village
of Trumansburg at 7 : 40PM.
Mr. Hogan asked how the situation had been resolved regarding the
fencing company that put up the fence at the recycling center. 4`
Ms . Perkins stated that she thought that Mr. Hogan and Mr.
Bennett were drafting a letter to be sent . Has not been done as
yet .
Recycling •
Composting was discussed. Mr. Reitz will set up a meeting with
Tom Richardson from Solid Waste, to attend a Joint Meeting and
talk about composting.
Justice System
Mr. Hogan asked for an up-date on the court system. Mrs .
• Springer provided a list of equipment being utilized at the
present at both the Village and Town. She also presented a
'wish' list . Mr. Reitz said that he and Mr. Zylich had not had
an opportunity to meet to discuss the details . Mr. Hogan said we
have discussed space, lease, etc . and need to get going on this .
Mr. Zylich said they haven ' t come up with a formal lease at this
point . Mr . Hogan said only have a few weeks before this takes
place. . .hoping to get some of these questions answered. Mr.
Zylich asked if Mr . Hogan had any suggestions for a formal
Iease. . .have we discussed this enough to write one up?
Mr . Hogan said obviously have to agree upon space; then hammer
out details of lease. Mr. Reitz said that is what Karl is
asking. . . is it heating, lighting? Mr. Hogan said everything that
is included in a standard lease. Do you want to work out some of
the details right now?
Mr. Meskill said I don't know if the Village has discussed the
lease and/or come to a final agreement on exact space
requirements and where it 's going to be and I really think the
Village Board has to do that before we go wasting a lot of your's
or our time.
Mr. Hogan asked, didn' t we all agree on space the last time
around? Mr. Meskill said he didn' t know what meeting that was
and Ms . Perkins said she didn' t recall voting on it .
Mr . Meskill stated that in reading over past minutes and seeing
Sam's comments , I 'm not interested in getting into a ten year
lease until we know how things will work out , one; and number
two, not one hundred percent sure why the Village should lease
space at a dollar a year if we are going to spend tens of
thousands of dollars to protect ourselves from a law suit from
the Town. That ' s something that is weighing on everyone's mind,
so might as well bring it out .
Mr. Hogan said you are talking two different things , Peter. They
are two totally separate issues . Mr. Meskill said they are, but
is ,, ,.L;. •1. _,•.. . .11j: •,1l..iri\ i .. . u« :. ',t.p��: : 5. .•.f• l.V'1. ..1:.;;i '. . , .. f
r.t, 4'
Town of Ulysses/Village of Trumansburg 2
Joint Meeting
February 19, 1991
,r- they speak of the same thing. Mr. Hogan asked "Do they, do they
c really speak of the same thing?"
,r'
Ms . Perkins said that people's feelings are clashing over. . .Mr.
Hogan said we have been negotiating for some time about our
receiving the court system. Pretty much have had verbal •
agreement all along that this is going to be the best for •
everyone in the community; the consolidation of the two court
systems . It 's going to cost the Town more money however, the
taxpayer, over the long run, should come out ahead in this
proposition. We all believed that and have been working toward
. : that end. Has been verbal agreement all along that the best spot
for the court is in the Village Hall and there is space available
for it . Now you are saying that because of what happened the
other night , that all of a sudden it isn' t the best place for the
court system and it 's not the best deal for the taxpayers of the
c .
community.
Mr. Meskill said he doesn' t believe he ever said that it was
necessarily the best space . Lease it for a dollar a year when it
is costing us money , or we can use that space for our
building/zoning/planning. . .have no space for them now and they
are crying for space. To me the issues do all intertwine. . .we •
have a problem where we need to provide space for code
enforcement , fire inspection, zoning and/or planning board, and
we have nothing for them right now.
• Mrs . Duddleston said that space was offered in the Town Hall for
those people in exchange for the court space at the Village. Mr .
Meskill said he is wondering if it shouldn' t be just the
opposite . Easier in my mind to justify one dollar a year lease
in that circumstance, because we in fact are duplicating the same
services and even have the same personnel in most instances .
Mr. Reitz said the personnel also includes the police department ,
which is a great advantage of having the court next to the
Village Police, and the space there is more advantageous for the
court system. •
Ms . Perkins referred to the joint meeting of January 31 , 1991 .
. Feels that the arrangements talked about then would work out the
best . Think we could go ahead with that . Mr. Hogan said that
had been agreed upon. . .gentlemen 's agreement .
• Mr . Meskill said that he feels the Village needs to discuss __
this . . . they will be cutting themselves short for zoning, -.
planning . Ms . Perkins said then we need to discuss how we are
going to provide that , either here [Town] or there [Village] .
Mr. Hogan said that the code enforcement people aren' t in the
office that much time anyway. . .have one desk for the different
positions , people could share. Mr . Rachun said two desks .
•
Mr. Meskill said that the zoning, planning, fire. . . people serve
both Village and Town. . .have an easier time stomaching, number •
one because the same people are doing the same job and number
two, it would be giving the Village space that they need, that we
don ' t have for that purpose and that would alleviate some space •'
you have allocated in this building for that purpose,
consequently you could move the justice over here.
Mrs . Georgia stated that there are times that the court room _
wouldn' t be large enough to accommodate the case load that the
Village will be bringing to the Town. Mr. Meskill said he is •
only talking about the court office, not the court room. Mrs .
• Georgia said you have to have accessibility to the files at all
times ; can' t have your office here and be in the court over
4° F•4 1 f 21•.4 4+*1 ,.,!.:..;/t.'1., t. . . .,t! :.1).1,, 1 N.+t:� J� t S _ . .. .' .. •;
Town of Ulysses/Village of Trumansburg At 3
Joint Meeting
r:. February 19 , 1991
4.
there .
Mr . Reitz asked if the lease that he and Mr . Zylich should be . .
working on include the building/fire inspector . . . or offices? It
was agreed that it should be separate from the court system.
Mr . Hogan addressed Mr . Meskill . . .We have been talking about this -•
thing for months and this stuff has never come up. . .we have been
moving along with this . Mr. Meskill said the problem is that the •
past couple of months there has been a cry from people in those
departments for space . Ms . Perkins suggested drawing a draft
lease up , for the court; maybe some of these other ideas can be
; 1 incorporated as optional plans that we can look at.
Mr . Zylich said his thought would be to move the court directly
by the court room, it 's a tight space presently, would be t.t.
efficient way , Mrs . Georgia reminded Mr . Zylich that you need to
consider two judges and two clerks , not one of each.
Mr. Hogan said he thought all of this had been resolved; thought
this is what we had been doing the last couple of meetings . . . that
we had agreed that the office that Christine uses now would be a
good place for the clerk to stay and the judges in the office off ;
• the court room. . . thought we had that all resolved. . .now we are
going to reinvent the wheel . . --
Ms. Perkins said she knows Tom is still in favor of this , he
talked to her the other night and was concerned that we don' t get
off-track about it . . .don' t know what Sam's feelings are. Hate to
see it drag on. Mr. Hogan said we have to make some decisions
•
pretty quickly, don't have time to let it dragon. We were
perfectly happy with the space that was discussed at the last
meeting, and everybody pretty much agreed upon it . If you folks
as a Board don' t want to.:go along with it, guess then you better
let us know.
Ms . Perkins said they are going to meet on Thursday and discuss
this and finalize their ideas and vote officially .
Mr. Hogan said he wished he had known that , could have saved this •
meeting tonight .
Mr. Reitz said he feels the Town's offer is still a viable offer, •
• that the Village's zoning, building, fire inspector is still •
valid from the Town here in this building . Mr. Meskill said they
would run into the same problem. . . everything they need typed and
filed has to be done at the Clerk 's office, so they run into the
same problem of running back and forth.
Mrs . Georgia said that when this started the Village had a lot of
•
space and the Town needed additional space and that was one of
• the ways to free up that office for additional space and help
with our storage problem. The Village said we will do away with
• our judicial system, but we have lots of space and will be glad
to give you the space . Mr. Reitz said regarding need for .
. clerical services , would discuss with the Town Board that need
for the Village's code enforcers . Ms . Perkins said perhaps
should table this item until the other is ironed. out . One
' question. . .what is your system of personnel supervision; how will .
that issue . be :.dealt with. . . for Christine. and Irene? ' .Mr. Reitz
said the senior judicial member ; Roger Rector is their supervisor
or department . head. Ms . Perkins said she is asking because she
is anticipating if there is . a question about performance, because
the Village residents complain to the Village. Clerk or the -
. • Village - Clerk observes whatever; where. are .the lines of
• responsibility. If some aspect of :the Village witnesses or
experiences a problem, who do .they go to? Mr. Hogan said they
Town of Ulysses/Village of Trumansburg 4
Joint Meeting
February 19 , 1991
would go to the senior judge.
Mr . Hogan asked what else needs to be discussed as far as a lease
is concerned. Hours of court was one item, . .Mr . Meskill
• suggested that hours be incorporated in the lease for use of
court room. . . and to go with length of term the judge is elected.
Mr . Hogan disagreed .
The list of needs was discussed and Mr . Hogan said he will get
the Village a list together before they meet on Thursday . Mr .
Meskill asked if the Village will be reimbursed for the equipment
that the Village owns and the judicial system wishes to continue
to use, or is the Town going to buy new equipment? Mr. Hogan •
said we have talked about this a number of times , that the filing •
cabinets , etc . would need to be utilized. Mr . Meskill said he
didn' t think the Village had talked about it and Ms . Perkins .•
said she thinks Peter is asking what kind of monetary value
should be attached to the equipment and don' t think we have •
discussed that before.
• Mr . Hogan said if you are going to have a meeting and you don' t •
want us to use some of this equipment why don' t you just make a
list of what you don' t want us to use and then we will make
arrangements . All of the discussions we have had to date is that
we would go ahead and use the office and furniture that is there;
but if you want to change that just let us know.
•
• Mr. Reitz asked if anyone had checked on the liability insurance.
Mrs . Duddleston said the agent is out of town and will be checked •
on later.
Mr. Hogan said he would urge the Village in their deliberations
as to what you are going to let us use and not use, to consider
the fact that all of this is going to be paid for by the
taxpayers . Telling us we can' t use some equipment and telling us
to go and get new is not hurting anybody but the taxpayers . . . I
would urge you to keep that in mind. Ms . Perkins said she will
listen to the concerns as they come out but thinks it can be
• worked with.
Mr. Mann asked Mr. Hogan if he had used the same thoughts about
this law suit you guys have filed against the Village? Mr. Hogan
• said that is a separate issue. Mr. Mann said he can' t see the
Village writing you a sweetheart deal on the court .
Mr . Hogan said wait a minute. . .don' t get me started on that . . .we
have been talking about this thing for a long time, have come
over a lot a bridges , got a lot of things resolved and this is to
the benefit of the taxpayers . Let 's not , because of one issue,
some people are thinking one way, throw this down the tube . The
only thing you are doing is throwing good money after bad, in my
opinion. This is an agreement that is just about finalized,
let 's not screw this up for another issue, let 's leave this alone
and do it the intelligent , efficient way for the taxpayer .
Mr . Mann said he would say the same thing about the annexation,
do it for the taxpayer. You are using my taxes to sue me and I 'm
using my taxes to defend myself . Mr. Hogan said this isn' t
defending yourself , this is being petty. Mrs . Georgia asked if
someone would explain to her the legal expenses the Village will
incur regarding the Article 78 . Ms . Perkins said the Village
will have to defend the argument being sent to the Court of
Appeals . Mrs . Georgia said she understood that what has been
filed with the County Clerk is what is reviewed and a decision
based upon, . .not able to add information. Ms . Perkins said they
don ' t know what is involved at this time. Mr. Hogan said that
both attorneys need to put together an argument .
'
Town of Ulysses/Village of Trumansburg 5
Joint Meeting
February 19 , 1991
Ms . Perkins said we need to schedule another time when we can get
together and sign the lease. Mrs . Duddleston mentioned also
inviting a representative from Solid Waste. Mr. Reitz said
another group that would like to give a presentation before the
joint boards would be County Environmental Management
Council/County Planning Board [unique and natural areas within
your municipalities] . . . involves master planning and Village and
Town zoning and planning boards .
Ms . Perkins said a draft of the lease will be sent to the Town of
Ulysses so you can respond and get back to the Village. Mr.
Hogan said a lease shouldn' t be all that complicated. Mr. Reitz
•. suggested a meeting in early March. He and Mr. Zylich will also
• meet . Mr. Hogan asked if March 5th would be good for the next
meeting at 7 :00PM.
Hearing no further business the meeting was adjourned at 8 :55PM.
• Respectfully submitted,
Marsha L. Georgia
• • Town Clerk
pm
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.��
TOWN OF ULYSSES
PLANNING BOARD MEETING
FEBRUARY 25 , 1991
7 :30 P .M .
•
PRESENT : Chairman David Tyler ; Planning Board Members -
Geraldine Veil , Seville Reuiein Roland Reynolds ,
Budd Stover ; Secretary Rita Brown ; Zoning/Building Incp .--
Ale,: h'achun .
:r Chairman , David Tyler called the meeting to order . The minutes were •
• corrected and approved . Copies of the SEOR application and Full
Environment Assessment Form for the Pleasant Grove Assoc . project were
handed out . Planning Board members were asked to review Part II
' (Project Impact and Their Magnitudes) for next week 's meeting .
The committee then went back to reviewing the Site Plan Review . It '
was agreed that the following changes would be made under the .
• Applicability section :
• 4) Exterior alterations or additions to existing structures
which would not increase the square footage of the existing
structure by more than 25% ; (delete "and having a cost value '
• of less than $5 ,000) ADD : "and not increase the square
footage of the structure by more than 2 ,999 square feet and
not to exceed the height of the existing structure . "
5) Nonstructural agricultural or gardening uses . (delete "not -
involving substantial timber cutting . "
6) delete completely
' ® 7) 04:: as is
B) delete completely .
Leave in final paragraph of this section to read : "Any person -
uncertain of the applicability of this local law to a given land use
activity may apply (delete " in writing") to the zoning officer
(changed from the planning board) for a written jurisdictional
determination . It was also agreed to leave in final paragraph of
original 310 .2 section to read : "In all of these cases the review and •
approval on the proposed action is the responsibility of the Planning
Board , with the administrative assistance of the Zoning Officer . "
The Planning Board Committee was in agreement that sections 310 .3 ,
_, 310 .5 and 319 .6 were acceptable as is . There was much discussion on
section 310 .4 as to the time limit being put on the Zoning Officer .
The Committee will come back to this section for review .
Sections 311 and 312 are pretty straight forward . Number 16 under
Section 312 requires more discussion by the committee in regards to
"all buffer areas , including existing vegetative cover" .
The meeting was adjourned at 9 :30 p .m .
. •
t;± e
•
i
TOWN OF ULYSSES
MASTER PLAN COMMITTEE
FEBRUARY 27 , 1991
7 :30 P .M .
•
PRESENT : Chairman Glenn Applebee ; Master Plan Committee
Members - Andrew Rice , Judy Cone , Catherine
1.
Stover , John Czamanske , David Tyler , Gary Myers ; •
Secretary Rita Brown .
;;. Chairman , Glenn Applebee called the meeting to order at 7 :30
p .m . The general purpose of this meeting was to try to put
together some topic areas to include in a "situation
statement" of what exists now in the Town of Ulysses . The
Master Plan Committee reviewed several areas of the
Senecayuga Planning Assoc . Questionnaire Results . Some of
•
the keywords that came up through this discussion were :
people , jobs , income , housing , shopping , recreation ,
industry , landuse , schools , parks & recreation , •
conservation , transportation and agriculture .
•
•
John Czamanske drafted an outline to be used as a guideline
for setting up a Master Plan . It was decided that each
member should write up a narrative or outline for each of
the categories in the Inventory Elements to give us a
starting point showing what exists now for each area . It
was divided up as follows :
Glenn Applebee - Conservation & Open Space
David Tyler - Historical ; How Ulysses fits
into picture with county &
village
Judy Cone - Agriculture & Related Industry
•
Gary Myers - Transportation ; residential
land use
• John Czamanske - Populations/households •
• Dates were set for our neut, meetings : March 20 - 7 :30 p .m .
April 3 - 7 :30 p .m .
• April 17 - 7:30 p .m .
•
May 1 - 7 :30 p .m .
The meeting was adjourned at 9 :20 p .m .
1
•
A• SPECIAL TOWN BOARD MEETING
March 2 , 1991
PRESENT: William P . Hogan, Supervisor; Thomas Reitz , Catherine
Stover , Carolyn Duddleston, Robert Weatherby (absent) ;.
Councilmembers ; Marsha Georgia, Town Clerk.
•
Supervisor Hogan called the meeting to order at 8 : 40 r..m.
•
• Fostpone.nt ( for 6wks) of Article 78
Mr . Hogan stated that Mayor Thomas Bennett had called him and
asked if it were possible to postpone the proceedings of the
Article 78 for a time because with new trustees coming on the
Village Board they may be for annexation and maybe something
could be discussed and negotiated.
The Board discussed this possibility.
Mr . Reitz moved, seconded by Mrs . Duddleston the following
•
resolution; •;
RESOLVED, that the Town Board of the Town of Ulysses agrees
to delay the process of the Article 78 procedures
until April • 15th, 1991.
•
•
FURTHER RESOLVED, - that the Town Board would open a window of-
opportunity to the Village Trustees and the
•
Developer to convene meetings to discuss details
of the need and wants of the community.
Mr . Hogan aye .
Mrs . .Duddleston aye. .
Mr. Reitz aye
• Mrs . Stover aye
Mr. Weatherby was absent but he had put in writing and presented
it to Mr. Hogan that he was in favor of a delay.
Adopted .
Spruce Row_ Map
The Board discussed the ordering of the map for Spruce Row PUD
that was previously discussed. It was discussed as to whether
to ask Mr. Weber to. put his intentions of sharing equally the
cost of this map in writing to the Board.
Mr. Reitz stated that there is a letter requesting a $200 deposit
•
•
before Mr . Ocello would commence work on the map.
•
•
Mr. Reitz moved, seconded by Mrs . Stover to approve the
following;
RESOLVED, that the Town Board of the Town of Ulysses approve
a voucher in the amount of $200 for a deposit
payment to Michael A. Ocello to proceed with map. •
FURTHER RESOLVED, that this expense to allocated from the
Planning Board contractual .
Mr. Hogan . aye .
Mr. Reitz, aye.
Mrs . Duddleston aye
Mrs. Stover aye
•
r•
Special Board Meeting 4'1 2
3/2/91
Adopted
Appointment of Representative
a) Tompkins Comm. Hospital Board - the hospital has asked the
Town to furnish them with a name of someone to represent the Town
on the hospital board. Aileen Beers has recommended that John •
Golder be recommended for this appointment . (Aileen has contacted
Mr . Golder and he has agreed)
Mr . Hogan Moved to recommend John Golder as representative to the
Tompkins Community Hospital Board as representative from the Town
of Ulysses . Seconded by Mrs . Duddleston. Unanimously approved.
b) County Youth Representative - Mr . Reitz stated that Kate
Springer has indicated that she would be interested in being our
representative.
c) Ulysses Joint Youth Committee - Mr . Reitz advised the Board
that Marsha Georgia would represent the community.
Mr . Reitz moved, seconded by Mrs . Duddleston to recommend to the
County that Kate Springer be the representative to the County
Youth Board and that Marsha Georgia be recommended to the Youth
Committee be the representative for the community. Unanimously •
approved.
ACC Senior Citizens Discount
The Board discussed and reviewed the forms giving the senior
citizens a 10% discount on their ACC bill . Acc and the T .C.
Senior Citizens had sent applications forms that would have to
be filled out and than reviewed to see who would qualify for this
discount and only those names that qualify would be sent to ACC.
The Board decided to table this until it could be presented to •
the Village due to the fact that the Village has a separate
contract with ACC. The Board felt that it would be confusing to
residents to have this only available to Town residents . The
Town will urge the Village to pass this available discount for
Village senior residents also.
Town Repairs •
Mr. Hogan stated that there are several places that are in need
of repair --floor tile, the ceiling and the removal of the
insulation above the drop ceiling .
Mr . Reitz stated that some changes will have to take place seeing
that most likely the court system will end up over in the Town
Hall . He suggested that Mr . Rachun and Mr . Hogan share an office
and bring Ms Vanderbuilt up to the front office for a couple of
reasons . One Ms vanderbuilt shares the use of the computer with
the clerk and this would save the moving it from office to
•
office. Second Mr . Rachun has many customers that come in to
conduct business on building and zoning and it gets very
congested with his customers and the clerks customers . Also the
back office could be used for a jury deliberation area and a
place where attorneys could meet with there clients if needed.
Mr. Reitz stated that a window should be put into this back
office .
Mr. Hogan commented on the floor tiles and the ceiling and with
all the budget cuts we will not be able to do this new. Mr. ;
Reitz stated that at some point we are going to have to do what
was done years ago -- hands on experience and I am willing to
volunteer my Saturdays and Sundays or evenings to work on these
things . Putting in a window is no big deal . Mr. Hogan stated
that we had the moisture problem last year and we need to get
Herb Austic to cut some vents in the roof so that the moisture
'.i T
Special Board Meeting 3
3/2/91
can get out of or inbetween the roof and the fake ceilings and
find the vent for the bathrooms . Mrs . Georgia asked if there
would be any way to provide sometype of storage overhead? Mr.
Reitz stated that we have to take a good look at some long range
plans for this building either expansion on the back or possible
selling the building and going elsewhere. Mrs . Duddleston stated
that we have to do something about the building soon. Mr. Hogan
stated that we will not have the bucks to redo anything on a
major basis and what we might do is get someone in here on a
weekend and take up some of the tiles in the entry way and use
that tile to patch places where it is broken and put some new
tile in that front entrance. Get someone to fix up that ceiling
and maybe take that insulation that is up above the ceiling tiles
1.: down. Have a work bee within the Town to do this . Maybe paint
the ceiling tiles while they are down. Mrs . Duddleston stated
she would help do this . Mr. Reitz stated that the condition of
the building reflects on the Town.
Mr. Hogan asked the Board to be thinking about this before the
next meeting.
Hearing no further business the meeting was adjourned.
Respectfully submitted,
Marsha L. Georgia
AminseSIIMMINalIMIIMNImisitionwommi■mal
i
r,.
TOWN OF ULYSSES
PLANNING BOARD MEETING
MARCH 4 , 1991
•+ 7 :30 F .M .
PRESENT : Chairman David Tyler ; Planning Board Members -
Geraldine Keil , Seville Reulein , Roland Reynolds , .
Budd Stover ; Secretary Rita Brown ; Zoning/Building insp .-
Alex Rachun .
OTHERS PRESENT : Mr . James Gulledge and Mr . Forbes
Pleasant Grove Associates
The meeting was called to order at 8 :00 p .m . The purpose of this .
meeting was to review the proposal put forth by Pleasant Grove
Associates .
Mr . Gulledge and Mr . Forbes were there to present their plan . They
plan to build only one building to start with , even though the PUD • a
asks for four buildings . This building would be the building shown
;' closest to the road . The existing driveway would be used until other
buildings and parking lots are built . They would like to start
construction this summer .
They were unsure of the exact use of the buildings. They would like
to use part of the building for their own business , but didn't have -
any definite plans for the rest of the buildings.
The Planning Board asked if they really wanted to keep the house and
•
barn included in the PUD. If it is left in , if any plans were made to •
alter these structures , it would have to come before the Planning
Board for approval . Mr . Gulledge decided they would like to keep the
house and barn separate fom the PUD .
The Planning Board then went through the PUD application . It was
decided that before the Planning Board could give approval for this .
• PUD , we would like more information . The Planning Board asked that .
the boundaries be reestablished to show the house and barn to be
excluded from the plan (in reference to #3 .) The Planning Board also
asked that they re-write the proposed usage , and exclude "certain
outside usuage . " They were also asked to spell out the exact location
of the building and give more information as to exact height of _
building . In #16 , it was mentioned that they would like to put a
buffer of trees around thu house . The Planning Board asked that this ._
be shown on the plan . The Planning Board also asked for more
' • information regarding location and type of outdoor lighting .
The Planning Board asked that the above issues be addressed and
presented to the Planning Board on Monday , March 18 , 1991 at 7 :30 p .m . •
- The Planning Board will meet again next week , Monday , March 11 to work - •-
on Site Plan Review.
•
• The meeting was adjourned at 10 :00 p .m .
:. I
•
. . . :-
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.,r.
TOWN OF ULYSSES/VILLAGE OF TRUMANSBURG
JOINT MEETING
March 5 , 1991
Present : William Hogan, Thomas Reitz , Catherine Stover, Carolyn
i.,- Duddleston, Peter Meskill , Karl Zylich, Sam Demas ,
Susan Perkins , Marsha Georgia.
• Others Present: Bill Griswold, Carl Mann, Bob Brown/Zoning,
Roger Rector, Christine Springer.
•,, Mr. Hogan opened the Joint Meeting of the Town of Ulysses/Village
Iof Trumansburg at 7 : 30PM.
Whitmore Fence
Mr. Hogan read a letter he had written to Whitmore Fence dated
March 1, 1991 , as agreed upon at the last Joint Meeting . The
Village members said they discussed this at their last meeting
and agreed to pay their half ($75 .00 ) . Mr . Hogan said it was
agreed that we didn' t owe the $150 . and wouldn' t pay. Discussion
ensued. Village members apologized to the Town for not getting
• back prior to the letter being sent . Town members decided to . •
discuss this further at their next Regular Town Board Meeting.
Mr . Reitz met with Marian and Catherine re moving the dumpsters •
closer to the gate; asked if . agreeable with the Village . . . to be
just during the muddy season. Everyone agreed.
Judicial System
Mr. Hogan asked the Village members what they had decided about
space . Mrs . Perkins said that the following resolution was •
adopted by the Village Trustees :
A RESOLUTION was presented by Trustee Meskill , seconded by
Trustee Demas to lease the Town of Ulysses court space in the
present consultation room, judges bench area and the storage
closet area for a lease of three years for a fee of $1.00 a year,
subject to final drafting and approval of lease to commence April
1, 1991 . -'
Mrs . Perkins said this was approved on February 1, 1991. Mr.
Reitz asked if the existing .furniture would be included. Mr.
Meskill said that would be negotiated. Mr. Hogan said then the
original agreement that we made the meeting before last for the
space where the Court Clerk is at present and having the judges -
in the little room off the court room, that agreement that we had
reached, you have scratched that?
Mrs . Perkins said that was an informal agreement, this is the
� •.. formal position. Mr. Hogan said it was an agreement . . .Mrs .
Perkins said it was the consensus at that time, but this is the
formal decision. Mr. Demas said it sounded like the best idea at
that time. Mr. Hogan said he was just trying to find out what
happened to the agreement we .had at one time; it was an
. agreement . . .Mr . Reitz said it ..was a gentlemen's agreement . Mr.
• Hogan said he was disappointed that it has fallen through, if you
give someone an agreement , it 's an agreement . Disappointed that
it didn' t hold water. .
Mr. Hogan asked Judge Rector if he is familiar with the space
being discussed tonight . Judge Rector said that what is
presently being offered is not acceptable to the court. Mr.
Hogan said that obviously you can' t get four people in that
little room off the court room; desks on the platform certainly
wouldn' t be private. If we can' t come up with space that is
acceptable we will probably decide to bring everything over here
4' t,. V � i .; �. r. p ''. Vi'. °+' '�n..�.a''•-,t. , `'^' :F : •r ) ,ti.n .i:
Town of Ulysses/Village of Trumansburg 2
Joint Meeting
March 5 , 1991
• [Town Hall ] . This is your final offer?
Mr . Demas said yes . The important thing to us [Village] is to
have the front office which is currently occupied by the justice
operation, available for Planning/Zoning/Code Enforcement , that
kind of thing. If you can think of another space to add to what
we have offered; perhaps a small space upstairs . ='
Mr. Hogan asked how often the planning people sit down at a desk
during the week? Mr . Demas said he couldn' t give a good answer.
Right now Alex works here [Town Hall ] . Mr. Hogan said Alex works
here about two hours a day and a couple hours on Saturday, so as
far as a whole lot of desk space, it isn' t required. The Fire
Inspector doesn' t spend a half hour a week here and Zoning spends
one hour a month. . . those positions are not going to involve a lot
of people in the office. Looked the other day at what is
available; realize that upstairs is not handicapped accessible.
What about the large room upstairs; put in desks and leave the
rest of the room for you folks to use as a conference room and
have the Mayor and code enforcement people share the office where
";. the court people are now? Little room off the court room could
have a desk and be utilized for handicapped accessible visits .
Mr. Demas said that given the discussion the Village had, that
would be an acceptable plan. What you have is our best thinking
on it , with the possibility of a storage room upstairs that could •.
be converted into an office for the judges . Mr. Meskill said he
would prefer that the storage area upstairs be used for storage -.,
and not office space.
J .
Mr. Reitz stated that he feels the Village offer to be
unacceptable, not only the space but the three year
lease. . . talked about a ten year lease. . . this resolution is 5 ,
- unacceptable to me. Mrs . Duddleston said that she agrees with
Mr. Reitz . Mr. Weatherby said we are hurting for space. . . don't
know what our alternatives are. Mr. Hogan said he will take a
motion and get this resolved.
` Mr. Reitz moved, seconded by Mrs . Duddleston the following:
RESOLVED: that the Town of Ulysses rejects the resolution of
February 21st from the Village of Trumansburg and the offer of
court space, and
FURTHER RESOLVED: that the Town of Ulysses holds , for the
immediate future, the judicial proceedings in the Town of Ulysses
Town Hall .
Mr. Reitz said he used the wording ' for the immediate future' .
If the Village, knowing our needs and problems , wishes to amend
their resolution in the future , we are amenable to a
reconsideration of that . •
Mr. Hogan said he very disappointed in the Village board
members . . . thought we had their word on something and seemed like
a fine idea and all of a sudden it isn' t . . .been trying to foster
a spirit of cooperation between the Town and Village, but doesn' t
seem to be working out too well , which is unfortunate for •
• everyone involved, especially the taxpayers . We are picking up a
budget item that is around $25 ,000 . , what seemed to be a good
idea isn' t any longer .
Mr. Demas said that even though the space part of it didn' t work
out as well as we all might have wished, do believe that the
merging of the court systems will save the taxpayers money in the
end . Shouldn ' t loose sight of the major fact when talking about
one of the minor details . Don ' t want to understate the
importance of space, but it isn ' t the major issue.
y I
•
Town of Ulysses/Village of Trumansburg 3
Joint Meeting
March 5 , 1991
Mr . Hogan said it might be minor to you Sam, but it 's not minor
• to ua . I£ you will recall we were the one's that initiated the
discussion regarding the merger of the court system to create •
efficiency for both the Town and Village . In any case, we still
feel that it is a good idea, and the taxpayers will benefit in
the long run.
Hearing no further discussion, Mr. Hogan called for a vote on the
•
•• motion.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Aye
Mr. Weatherby Aye
•
Adopted.
=1 Mr. Hogan asked the thoughts on equipment . Mr. Meskill said that •
if you need it we were willing to provide the vast majority of
the equipment that is in the court office now. Mr . Demas said
that given the changed plans concerning space, take a look at •
what space you have available, what equipment on the list you
might need and would fit over here, and let us know. We are •
agreeable to providing equipment to support this operation.
The Board's feeling is that we made an agreement to provide
equipment , heat and lights and we-stand .by that . -You: can take
• the equipment over here at no charge. There are a couple of
items we want to keep, but it 's a very small part . . . scanner and •
the storage cabinet on the: wall . 7
Mr. Hogan suggested the Village go through the list and mark off •
what they want to keep. Mr. Demas said it 's easier to say that
you can have everything on the list except this - thing - called a
regency scanner/pager .and- a custom-made storage cabinet . : . Mr.
Demas said they will cross off those: items . : :Mrs . Springer said
there isn' t a pager, just a scanner. Mr: -Demas said the list
stands except for the two .items . : ::The plan has changed, . you .
aren' t going to take us up on: the -offer of space, ttheat .and
lights , so maybe you don.' t need all the equipment . . . is it worth
• looking at it? Mr. Reitz said the Town will review with the
Court what their needs are and let the Village know. Mrs .
Duddleston suggested putting that : in the- form of- a legal
document. . .Mr. Meskill said they: will : : . -
tesolution of March 2 , 1991
Discussion ensued regarding the following resolution passed by
the Town Board on March 2 , 1991 .
RESOLVED: that the Town Board of the Town of Ulysses agrees to
delay the process of the Article 78 procedures until April 15 ,
1991 .
FURTHER RESOLVED: that the Town Board would open a window of
opportunity to the Village Trustees and the Developer to convene
meetings to discuss details of the need and wants of the
community .
•
Mr. Hogan asked if the developer was in fact denied the
opportunity to discuss the project with the Village and Mr. Demas •
said Yes .
•
Mr. Demas stated that what is in the best interest of the
developer is to withdraw the petition; since he doesn' t have the
good sense to do it , the Town should do it for him by withdrawing
the lawsuit ; then it all goes back to square one and starts over.
Hopefully everyone has learned something in the process ,
• .A 40
Town of Ulysses/Village of Trumansburg 4
'` , Joint Meeting
March 5 , 1991
• especially the developer .
•
One of the things to do would be for the developer , prior to
submitting plans or filing a petition, to sit down with the
municipality and discuss the needs and desires of the
community . . . that ' s what we would all learn. . . then you go back as
the developer and draw up the petition and submit it . That is
the basic lesson that Mr. Auble hasn' t learned and you [Town] are
keeping him from learning that lesson by prolonging and keeping
alive this flawed, faulty, stinking petition.
Mrs . Duddleston asked why Mr. Demas was against having the
Article 78 delayed until April 15th. . . this gives
y p you time to sit
down and talk to us . . .both boards and the developer . Mr. Demas
said the original resolution was better . . . it said that if we
agreed to talk to the developer you' ll drop the suit . The Town
Board said that still holds . Mr . Demas said what we will do is
agree to sit down to a series of meetings with the developer
beginning the day after this lawsuit is dropped. Mr . Reitz said
that once the lawsuit was dropped then there is no really obvious
mandate for the developer and Town and Village to sit down and
talk. The whole problem with the annexation question, the
• municipalities cannot start the annexation proceedings , the
property owner can. We have no right to say we are going to take
Smith Woods , Fairgrounds , Halsey Farms and annex it to the •
Village, only the property owner can do that . Mr . Meskill asked
if Mr. Reitz was sure about that and Mr. Reitz said he is 90%
• plus sure of that .
Mr . Meskill said he finds it strange that the Town is chastising •
the Village for not talking to the developer, yet when people
came and talked about it at a meeting you told them that a public
• hearing had taken place, and they couldn' t talk about it again.
You keep saying to us that we aren' t willing to talk to the
developer and yet when constituents come in here to discuss the
annexation Board members from your Board bring up the fact that
• it is not a public hearing . Mr . Reitz asked what he was
referring to and Mr. Meskill said the night you voted for the
annexation to sue the Village there were many residents here who
wanted to discuss it . Mr. Meskill said it is clearly recorded in
your minutes that it was brought up by a Board member that it was
not a public hearing. That was true, it wasn' t, however it was a
normal , open Board Meeting of the municipality and seems like an
issue like that , the taxpayers should have a say in what is going _
on . Mr . Hogan said we had 90 days to talk to our constituents
and for them to talk to us; we had a public hearing and I --
• personally talked to a lot of people and the majority of people I
talked to felt that a good development , properly done, would
certainly help . It ' s not as though people didn' t have a chance
to discuss this . Quite a few people did speak at that meeting,
had a lot of other business to take care of that night and did
not want to go to midnight on that one issue. We asked through
the Free Press for people to write to us and give us their
opinion, so people have had a chance to talk to us about it .
Mr . Meskill said there were two separate issues; the people had a
chance to talk about annexation and then the step to sue the
Village is one step farther in that process . Mr . Demas stated
that he thinks the Town realizes that it is a very unpopular step •
and one that there will be no winner . . .make the whole process
even more nasty . Finding the right development for that land
will be harder , more costly and take longer if you go this route •
than it is if you kill this annexation petition and start over
again .
Mr . David Auble arrived and Mr . Reitz reiterated to him the
Village 's proposal . Mr . Reitz told David Auble that Mr . Demas
•
Town of. Ulysses/Village of Trumansburg 5
Joint Meeting
March 5 , 1991
has suggested that the Town drops the Article 78 proceedings,
that the developer can start back over at square one discussing
the project with the Village and the Town. Mr . Demas added that
basically he feels that there won' t be any winners in this
process , that no matter who wins this Article 78, we are all •,
going to end up looking kind of foolish, spending a lot of
taxpayers money, spending a lot of time, and if the Town should
"win this" , basically you have to come to us and get the property
zoned and get the project approved. Having been through this
••• legal process , we may not be in the most positive frame of mind .
So what really should happen, and I wish I had thought to mention
this , Bill on February 12th did list , it seems like, these are
the options we have, and the one that he forgot to mention is i.
that the developer could withdraw the petition, and that I think
is what should probably happen, that the developer should
withdraw the petition and then either implicitly or explicitly in
so doing; it was a flawed petition to begin with, it wasn' t well
• thought out , the process that led up to presenting it was not in .
sort of the best developer style, it wasn' t designed to get the
best results and so having withdrawn that petition, then you will
what you have every right to do, and what we fully expect you to •
do, and that ' s come back and start talking again, but do it in a
• way that Dave Auble would do it , rather than in a way that Bill
Auble has done it twice now. Ms . Perkins said four times . Mr.
Demas said well right , many times , but this time he has the good
sense to let you in but too late . Mr . Auble said that he
definitely wasn' t involved in the original petition. Mr. Hogan
said Dave, one other comment . . .before we were talking about what
has happened with this whole process , and I mentioned that we had
a person come in tonight who was asking to be considered for the
I II Planning Board who happened to be involved in economic
development and he said that he thinks it is really important for
the municipality to sit down with the developers and tell them
what they would like to see happen in a community . Market the
piece of land; obviously you didn' t have an opportunity to do
that . Mr . Demas said the essential point here is that should
happen before the petition for annexation is filed. Mr . Auble ..
said he asked about that and doesn' t recall the precise answer,
but it seems that there was some problem with attempting to have
a discussion before the petition. . . I don' t know. Mr . Meskill
said the petition was served on us on a Friday afternoon and over
.. here on a Saturday, I believe. Mrs . Georgia said that Bill Auble •
and his attorneys had come months prior and discussed with our
Planning Board and Town Board. David Auble said I 'm not an
attorney and 'm operating with about half the
information. . . seems like we are in a particular situation here
that people of good sense could sit down and say, here is a given
and what can we do with it to go forward. Don' t know if your
suggestion is the right route to go. Guess my feeling is that I
would like to sit down as the developer and discuss the situation
in depth with the Village and Town, either as separate entities
or jointly and just sort of lay out the various priorities of
where are we. . .what do we need to accomplish here. . .maybe there
is a good reason not to have development and maybe there is a
good reason to have development and a good reason to have certain
types , a certain mix of product up there to help the community in
general and still make it economically feasible for the land
owner. We just have never had that discussion. While we are
considering your suggestion, Sam, I think it shouldn' t prohibit
•
us from at least having that kind of discussion at the same time,
because regardless of whether it takes place, you are sort of
asking us to erase everything and go back to square one and sit •
down and discuss . . . . I say we sit down and discuss it with you
now, while we are considering withdrawing the petition and going
back to square one. Maybe some new input and ideas . . . if nothing
else this Article 78 is sort of forcing people to give a lot more
serious thought to the potential of development and what should
. . ...
,r . ni'.�...� .1 .. r yr yr.• .♦ ,.:,L .. 1/4:' ,I.'::-.,. ..(.! . .. '1 i:,.: •:r_:. Y : +:4 /✓•y.7.:;'+
Town of Ulysses/Village of Trumansburg 6
• Joint Meeting
March 5 , 1991
actually be there .
Mr . Demas said he doesn ' t think it is carrying the process •
• forward, think it is holding it back and thinks it is giving
weight and seriousness to what I feel is a flawed petition for
annexation and really think we have been consistent in saying
that the time for us to have an in depth discussion with the
•
•
developer was before the petition was submitted and it would be
quite a reversal on our part , now that this thing has been taken
even further in what we think is an unproductive direction, for
us to begin those discussions . If my suggestion isn' t taken, and
you the developer would withdraw, or the Town withdraw this suit ,
then we will have no choice but to fight it aggressively and we
; feel fairly confident that we will win, and feel fairly confident
that we will then be faced with you across the table with that ,
history behind us on top of everything that went before plus the •
expense to the taxpayers and the inevitable damage in relations "`
between the two municipalities that I find very distressing and
the citizens of both municipalities find it very distressing.
•
' Mr . Reitz stated that he doesn ' t think David can speak on behalf
of Bill Auble or the attorneys . Feels that the Article 78 is at
• least putting pressure so that the Village at least considers
this kind of scenario , and again my friendly amendment to the •
February 12th meeting was to proceed on this kind of path. Would ..
suggest that Dave talk with Bill Auble and attorneys . We have,
by Board resolution, agreed to a time delay, guess you indicated •
[Village] that Marty Shapiro has said March 25th, we said April
15th. Think this whole process can proceed. '
Mr . Demas said go back to the original resolution that says if
•
the Village indicates a willingness to talk to the developer that
the Town will drop the suit . I say drop the suit , and then we
will be willing to talk. Mr . Hogan said you are willing to talk
_ to the developer? Mr. Demas said after the suit is dropped. Ms .
Perkins said you didn' t get that information? Mr . Hogan said No.
Ms . Perkins said we made a formal decision on this again, on
• Thursday night at the same meeting , that we would agree to your
resolution. Mr. Reitz said maybe you can focus upon that . Ms .
Perkins continued. . . to tell you that on Thursday night , February
• 28th, we did formally make a decision that we agreed to meet with
the developer, once the Article 78 petition was dropped. Mr. •
Reitz said we never heard that . Mrs . Duddleston said our
resolution of March 2nd was brought about because Mayor Bennett
had talked to Mr. Hogan and indicated that perhaps when the two
newly elected Trustees come on board April 1st , that they would
have different thoughts about this annexation. . . so that is why we
• postponed the procedure until April 15th .
Mr . Hogan asked for this information in writing . Ms . Perkins
said she would make sure that it gets to us . Mr. Reitz said that
_ if that had come to us , perhaps our resolution of March 2nd would
have possibly been different . Mr . Hogan said we have a Regular
Board Meting next week, why don' t you [Village] get us something
in writing, in the form of a resolution. Mr. Meskill said he
didn' t think it was done in the form of a resolution and Mr .
Demas agreed. Ms . Perkins said she would get the minutes of the -
meeting, will talk to the Village Clerk tomorrow. Mrs . Georgia
I
said that if it isn' t in the form of a resolution it is just
heresy, it is the same as the discussion about court space, it ' s
just heresy discussion. Ms . Perkins agreed and said she
appreciates the cautiousness . Mr . Meskill said he doesn' t think
they had a formal motion. Mr . Demas said we can get it to the
Town after the Village meeting Monday night . Mr . Hogan said we
meet on Tuesday night at 8 : 00PM, you get us something in writing,
signed by the Mayor, yourselves , whomever, in the form of a
IIIIIRSIISIIIIIIMMINIIIISIMININSMINLEIMIMIllilialillifair
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Town of Ulysses/Village of Trumansburg 7
Joint Meeting •
March 5 , 1991
resolution. Ms . Perkins asked if she understood that the Town
had instructed or asked the Town Attorney request an adjournment .
,f., of this until April 15th? Mr. Hogan said Yes . Mr. Reitz said '
after that it takes months to go through the judicial . .
process . . . just so you understand that the Town's case is very
strong also, but again, in the sense of cooperation, we are truly
willing to look at this .
. Hearing no further discussion Mr. Hogan said we will expect to
see communication from the Village before Tuesday night . Added
that minutes would not be sufficient , based on experience.
Joint Youth Commission
Ms . Perkins said Sharon is finalizing a claim to the County for
$5,245 . , half of that will be reimbursed to the Village and then
half of that will come to the Town ($1, 311. 25) . This is for
special projects that UYU had contracted to provide, on a one-
time basis , summer youth employment, special youth activities for
the summer and fall , developing a youth advisory council . It was
approved in late April and extends to December 30th. These were
1990 expenditures . ..
Mrs . Duddleston announced that the Chamber of Commerce breakfast,
- to discuss the Halseyville Bridge with DOT, will be at Barry's ..._
Family Restaurant at 7 : 30AM.
The next Joint Meeting will be April 11, 1991 at 7 : 30PM at the
Village Hall .
Hearing no further business , Mr . Meskill moved to adjourn,
seconded by Mr. Reitz . Unanimously approved, the meeting was
adjourned.
Respectfully submitted,
Marsha L. Georgia
Ulysses Town Clerk
pm
.
i
• Trion VSLLAQS U �,
•
4141v YORK 140g0
•-e
A RESOLUTION was presented by Trustee Meskill, seconded by
Trustee Demas to lease the Town of Ulysses court space in the
present consultation room, judges bench area and the storage
closet area for a lease of three years for a fee of $1.00 a year,
subject to final drafting and approval of lease to commence April
1, 1991.
Vote: Trustee Meskill Aye
Trustee Demas Aye
Trustee Zylich Aye
Mayor Bennett Aye
Trustee Perkins Nay
I hereby certify the above resolution was approved by the Village
• Board, Village of Trumansburg at the Adjourned Meeting on
February 21, 1991.
Witness my hand and the seal of said Village
this fifth day of March, Nineteen Hundred
and Ninety—one.
ovawo-t. .
Sharon Housworth
Village Clerk
Village of Trumansburg
• Tela hone 607) 387-6501
56 East Main Street, P.O, Box 718, Trumanaburg, NY 14656 p
TOWN OF ULYSSES
• PLANNING BOARD MEETING
MARCH 11 , 1991
7 :30 P .M .
PRESENT : Chairman David Tyler ; Planning Board Members -
Geraldine 1','eil , Budd Stover ; Secretary Rita Brown .
The meeting was called to order at 7 :40 p .m . to continue work on the
Site Plan Review . The first section discussed was Section 310 .4 .
Rewrite as follows.: "After receipt of the Planning Board 's decision ,
the Zoning Officer shall take the action directed by the Board . Those
actions are to issue , issue with modifications , or deny a Site Plan
Approval . Actual occupancy may not take place until a Certificate of
Occupancy has been issued by the Zoning Officer complying with
conditions specified by the Planning Board . "
Section 312 - #21 - There was much discussion about adding some •
statement about "balance between developed and undeveloped space . " We
• will come back to this to discuss when everyone is present .
Section 313 - Leave as is .
Dave Tyler reminded everyone that on March 14 the Tompkins County
Planning Department would be holding a seminar on Zoning Ordinances .
On Aprii 11 they will be holding a seminar on SEAR that we might find
•• helpful .
Section 314 . Change last paragraph , last sentence to read : " If a
public hearing is considered desirable by the Planning Board the
public hearing shall be conducted with 45 days of the receipt of the
preliminary proposal and shall be advertised in the official newspaper
at least 5 days before the public hearing .
• ' Section 315 . Change first sentence to read : "Within 45 days of the
hearing , (or of the receipt of a preliminary site plan and occupancy
proposal , if no hearing is held) the Planning Board shall act on it . "
Section 316 . Approved as is . •
Section 317 . 1 - Approved as is .
SecLiori 317.2 - Approved as is .
Section 317 .3 - Approved as is . •
• Section 317 .4 - Approved as is .
Section 317 .5 - Approved as is .
Section 318 - Approved as is .
Section 319 - Reserved for later use .
Section 320 - Flood Hazard Overlay Zone - we will need to refer to
• Alex Rachun about this .
Dave Tyler asked Rita Brown to type up the revised copy of the Site
Plan Review to hand out at the next meeting , March 18th . The meeting
was adjourned at 9 :20 p .m .
.
TOWN OF ULYSSES
REGULAR TOWN BOARD MEETING
March 12 , 1991
Present : William Hogan, Supervisor; Thomas Reitz , Catherine ,
• Stover , Robert Weatherby, Councilpeople; James Meeker ,
Highway Superintendent ; Marsha Georgia, Town Clerk.
Others Present : Richard Durling, David Auble, Guy Krough, Steve
Proctor/Free Press , Chris Delaney , Pam
Stonebreaker/SPCA, and others .
•
Mr . Hogan called the Regular Town Board Meeting of the Town of
Ulysses to order at 8 : 00PM and led those in attendance in the
Pledge of Allegiance to the Flag of the United States of America .
Mr. Hogan entertained a motion to approve the minutes as follows :
Adjourned Board Mtg. 2/2/91 ; Special Board Mtg. 2/7/91 ; Joint
, • Village/Town 2/7/91; Regular Town Board Mtg. 2/12/91; Joint •
Village/Town 2/19/91; Special Board Mtg. 3/2/91 , moved by Mr.
Reitz , seconded by Mrs . Stover. Unanimously approved.
Trumansburq Fire Department
.•
Mr . Durling submitted his report on number of calls (see
attached) . Had a drill on Waterburg Road, burned down the Loan
house. . . excellent experience/training session.
Representative James Mason •
Absent
•
Claims
Mr. Hogan entertained a motion to approve claims #76-110 in the
total amount of $33 ,079 . 83 , moved by Mr. Weatherby , seconded by
Mr . Reitz . Unanimously approved.
Supervisor's Financial Report
Not available.
Hearing of Delegations and Individuals
Pam Stonebreaker, Director SPCA, introduced other SPCA -
representatives and stated that they were here to discuss the
SPCA contract. In the Fall we requested a 20% increase or
$6, 879 . 00 for the 1991 year . We were led to believe that a 10%
increase was what the Town was actually looking at . The SPCA was
in agreement with that and later in January, Mr . Hogan contacted
us with a 7% increase which would be' $6134 . 00 . We are here to
discuss the reasons why we feel that the 10% increase is
warranted. Because of the services now provided, it could be
translated into $9800 . per year. Feeling that much of an
increase would be difficult for any Town to handle, have come up
with graduated increases; thus the 20% this year.
Ms . Stonebreaker reviewed services, etc. for the Town Board. The
difference between the 7% and 10% will be . 15 per licensed dog
. for a total of $114 . 74. We are disturbed that the 10% increase -
was lowered to 7%. There are a few options; could bill you for •
every call in the Town of Ulysses . . .would amount to more than the
10% increase; could also stop providing dog control services for
the Town. Whatever agreement is reached tonight, the SPCA Board
has authorized me to stop all dog control services seven working
days from tonight if an agreement isn' t reached. If you wish to
discuss it further, we can give you until 5 :00PM tomorrow night .
•
•
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Town of Ulysses 0 2
Regular Town Board Meeting
March 12 , 1991
Mrs . Georgia said there has been a very good working relationship •
with the SPCA, however in the past year, we rarely see an officer
more than once a month and usually because I ' ve called them to •.
pick up the list to send out reminders . Some of the items you
• have listed , the community would receive those services whether
•;r we have a contract or not . . . surrender dogs , and such.
Ms . Stonebreaker said that perhaps the officers aren ' t aware of •
the clerk' s hours , and can certainly go over that with them. '
Couple of things to do also, to help with revenue. . . have another
enumeration (Town is very good about this in the past) and also
work with the SPCA to get people to claim their dogs when
• impounded.
•
Mr . Hogan said that he doesn' t recall a promise of a 10%
• increase , believe we said we would consider it at the time . We
•
understand that the SPCA is in a bind, we are facing some severe
cuts also . . . our revenue sharing is being eliminated, which is •
about $32 ,000 . per year; our highway funds , which were $34 ,000 .
• will be cut by $20 , 400 . We have to decide tonight what we have
to do and would suggest that we pay the additional $114 . and
continuing with the SPCA but seriously taking a look at the .
service for next year 's budget to see whether or not we can
afford this type of a program. Mr . Reitz said he agrees , but
wouldn' t like to get into a situation where we are being •
threatened that the Town has to do this by 5PM tomorrow or we
will loose our contract . Mr . Weatherby said it doesn' t do the
SPCA any good to start loosing all their contracts because they
will be in worse shape than they are now.
-- Mr . Reitz asked for the figures . Ms . Stonebreaker said the
contract amount the SPCA is requesting for 1991 is $6369 . 96 . Mr .
Reitz said we had budgeted $6256 .00 , the difference being
•
$114 . 76 . Mr. Reitz asked where the added monies will come from
and Mr . Hogan Said the Board will have to work on that . Hearing
• no further discussion Mr. Hogan entertained a motion to increase
the SPCA contract by $114 .76 or a total of $6, 369 . 96 for the year
• 1991, moved by Mr. Reitz , seconded by Mrs . Stover.
Mr . Hogan Aye
Mr. Reitz Aye
Mrs . Stover Aye
._ Mr. Weatherby Aye
Adopted.
Mr . David Auble mentioned that Guy Krough, SPCA attorney, is also •
representing William Auble and if there are any questions
regarding the Article 78 , perhaps he can help. Mr . Hogan asked
the Board if there were any questions about the Article 78
procedure. Mr . Reitz asked if Ms . Bixler should consider working
with other attorneys to prepare for the hearing . Mr. Krough said
if Elizabeth is amenable to having someone work with her , that is .
fine . . . think she is extremely competent and one of the best
choices the Town could have made. Second issue is , we had •
originally come to you and addressed this matter several weeks
• ago and you indicated there were a number of possible
scenarios . . . one of which allowed Bill and Dave , as the proposed ..
developers , to join in. We currently have a motion to join in on .
that behalf , we will also be petitioners with you. . .so we will be
working in conjunction with Elizabeth, but at the developers
expense , as we said we would, to try to keep your costs down. We
• have as much an interest as the Town and what we are really
hoping is that we have some leverage to work out something with
the Village that is just fair to everybody. My current
understanding is that the matter has been put on a two week
adjournment pending the Village election and seeing what the new
Town of Ulysses 3
Regular Town Board Meeting
March 12 , 1991
•
flavor of the Village board will be .
•
Mr . Reitz asked for elaboration of the specific date. . . that was
4 confusing . Mr . Krough said his understanding from conversations
with both Marty Shapiro [Village] and Elizabeth, is that the new
date is March 25 , but there is a general feeling that since the
Appellate Division Clerk will only adjourn two weeks at a time,
that there might be another adjournment to allow the two new
Village board members acclimate themselves to the situation and
make a determination as to how they would go. Not sure how firm
the 25th is ; four days after the petition was filed our motion to
intervene as a party of interest was with the clerk .
Mr . Reitz asked if the petitioner can still withdraw his petition
at this time with an Article 78 proceedings in the works? Mr .
Krough said he believes you have the opportunity to withdraw the
petition prior to issue being joined, issue would become joined •
by the Village submitting a response; issue could also become
joined by us intervening and maintaining and requiring the
Village to respond; or issue could be joined by the Court
ordering. . . the question really is , what is in the public
interest . The public interest standard gives the court extremely
broad latitude to do what they think is just . At this point it
is very likely you could withdraw it if you chose to do so, but
• believe that we were looking to keep costs down and use the
process as a way to obtain a water district or some other fair
solution so that everyone can work together.
Am here, one to answer questions you may have about the Article
78 , but also advise you that my prospective may be slightly •
biased; and two to tell you that while we are going through the
two week adjournment process , and until the Village makes a
decision that they are going to fight or stay, keep your iron in
the fire; on the inside Marty Shapiro and I 'm sure some of you
may know this , the Village is looking at not only bringing in
someone in case they go to the Appellate Division, but they are
also looking at how they can settle it without having to go to
__. the Appellate Division . Marty' s suggestion to me was to let the
new board take a position on the matter and then we will discuss
what steps can and cannot legally be done to get the problem
solved without having the court come in and having referees
•
digging around. Think the Village is in a similar position, they
want to keep costs down; don' t think they want to go full bore
and hire outside council , think they want consulting.
Mr. Reitz asked if there was an assurance that the March 25th
date can be postponed for an additional two weeks . Mr . Krough
said he doesn' t think there are any assurances that it will . No •
one is objecting to it , my feeling is that it will be adjourned
for another two weeks . Mr. Hogan said we passed a resolution
stating we were postponing it until April 15th. . .we are the ones
who filed the Article 78 . Mr . Reitz said we aren' t able to do
that , according to Guy Krough; have to adjourn it two weeks at a
time.
OLD BUSINESS
Spruce Row Campsite
Mr . Hogan asked if Mr. Reitz had heard anything from the map
maker . Mr . Reitz said No. Will call and see how he is doing . •
Mr. Hogan said the deposit check had been sent and also asked Mr .
Reitz to ask him to put in a shaded area for the camping areas .
If we have that shaded in we can determine what percentage of the
total campsite is for camping specifically.
•
. ' 1. ' ! '.1a �.r,. `. _ \ 1 !•`,'. .. I. 5, 3 . •r;.{�, ,e'1.• ?r ',r �,i . lI .. ':11t. Y1 ' .1 '�. r.
Town of Ulysses 0 4
Regular Town Board Meeting
March 12 , 1991
Boute 96 LkWitiag.
Mr. Meeker said that reduction of the speed limit has been
• denied. As far as lighting, the State won' t put up lights , if
the Town wants to they would have to assume the cost . The State
at this time does not recommend anything to be done in that area. -1;
The State will tell you where to put lights , etc. , but Town has
to request that information.
Mr. Hogan asked if it would be appropriate to ask Fred Grout for
a written report . Mr . Meeker said he had requested one already.
Mr . Hogan said he would recommend that this matter be tabled
until we receive that report .
Mr . Durling said that he would like to go on record as the Fire
Chief , if there are any other proceedings regarding this , would
be happy to write a letter , help in any way.
Judicial System
Mr . Hogan said that the judicial system will be housed in the
Ulysses Town Hall . Need to meet in an executive session with the
judicial department and talk about judges salaries , orders , and
details of the clerk's benefits , etc. .
Mr. Reitz moved to have an executive session on Tuesday, March
19 , 1991 at 7 :00PM to discuss judicial personnel matters , •
seconded by Mr. Weatherby .
Mr . Hogan Aye
Mr . Reitz Aye
Mrs . Stover Aye
Mr. Weatherby Aye
Approved.
Appointment/Planning Board
Mr . Hogan stated that another application had been received,
• Jerry Perkins . Had talked to David Tyler, Chair, Planning Board,
who is anxious to have someone appointed. . .have a lot of work to
do. Have interviewed three people; also Bob Bauchle may be
interested in retaining his position on the Planning Board. Some
discussion ensued re those applicants already interviewed. Mrs .
Stover said need to set a time to interview Jerry Perkins . Mr .
Hogan suggested adjourning this matter until next Tuesday, March
19th. . .call an Adjourned Board Meeting at 6: 45PM and interview
Jerry then. Mrs . Stover said she is concerned about keeping the
board in balance .
Appointment/Zoning Board of Appeals
Mr . Hogan said there were two applicants; Carl Mann, who would
like to continue on this Board and we interviewed one other -
candidate , Linda Smith. Discussion ensued. Mrs . Stover moved
that Carl Mann be reappointed to serve a five year term on the
Zoning Board of Appeals , seconded by Mr. Reitz .
Mr . Hogan Aye
Mr . Reitz Aye
Mrs . Stover Aye
• Mr. Weatherby Aye
Approved.
Water Study •
Mr . Hogan said he spoke with James Mason. . . fact that this PUD is
.t.
It*
Town of Ulysses 5
•
Regular Town Board Meeting
March 12 , 1091
r.
being considered on the Andree property might help in obtaining
funding for water . Had talked with Jim Hansen and said maybe can
come up with a reason to get funding for water . Will set up a
meeting to discuss this and will notify me and perhaps get
someone from the Water Committee to attend also . Also talked •
with Cliff Northrup who was instrumental in obtaining water back
in 1968 , for the Village . He suggested meeting with the Village
and setting up a water district; have that water district help
solve some problems . It ' s a good point . They need another pump,
another tank .
Mr . Hogan asked if anyone had heard from the Water Committee.
Mr . Reitz said we should see where they are regarding compiling
the results of the survey/at least get an up-date .
Auble Annexation s
Mr. Hogan stated that he got the impression at the last Joint
Meeting with the Village that we said that if they gave us
something in writing we would consider dropping the Article 78;
something in writing to the effect that they would talk with the
developer . The minutes from that meeting on March 5 , 1991 are
not yet available. If we gave them our word on that then we
should follow through on it .
Mr . Reitz said they gave us their word two other times , November
-. 26, 1990 and January 31, 1991; both times they reneged on their "
word. I don' t agree that we made an agreement with them to do
that , we may have considered that they are going to do it ; heard
earlier tonight from Guy Krough what the considerations are and a.
we said we will wait until the new Village Trustees come on;
• don' t think we should do anything about it right now.
1 Mr. Weatherby asked if Mr . Reitz wasn' t the one who had made that
' friendly amendment ' that if they would consider starting
conversation with the developers , the Article 78 would be •
dropped. -
Mrs . Stover read from the March 2nd meeting minutes : 'Resolved,
that the Town Board of the Town of Ulysses agrees to delay the
• process of the Article 78 procedures until April 15 , 1991;
• Further Resolved that the Town Board will open a window of
opportunity to the Village Trustees and the developer to convene
meetings to discuss details of the need and wants of the
community . ' -
Mr . Weatherby asked about the original resolution on the
-: annexation. . .don' t remember the date . Mr . Reitz said they
haven' t agreed to do that . If we agree to drop the Article 78
proceedings the Village can come right back and say we changed
our minds and we aren' t going to do anything. . .we will be right
back to where we started from.
Mr. Hogan said don' t think, just because they don' t keep their
word that we should lower ourselves to their level . . . if we give
our word to do this , should keep it . Mr. Reitz said he doesn' t
remember taking a motion or a second on it or mating.
Il .
Mrs . Georgia said that at the meeting of March 5 , the Town didn' t
make any of those statements . . . can listen to the tape. . .but Sam
Demas keeps saying this is the resolution we passed. If you drop
the Article 78 , then we [Village] will talk with the developers .
Mrs . Georgia continued. . .what the Town said at that time , the
intention was to talk to the developer before the Article 78 is
dropped. You [Mr . Hogan] said that Mayor Bennett had talked to
you and that he felt that the two new people coming on may have a
different opinion and that if you would stop the process until
. — - .. , • Ammo"
Town of Ulysses 6
Regular Town Board Meeting
March 12 , 1991
you could talk with them, you might get a different feeling . . .so •
I thought that would be the history behind that is not to talk to
the Trustees on board now, because you know how they feel , but to
wait until the two new ones start . Mr . Hogan said they could
listen to the tape . . . asked Mrs . Georgia to get the appropriate
tape so they could see if they actually made an agreement or not .
•
Mr . Reitz said that if we are at an impasse between the two
municipalities , I just want the Board to consider this petition
• that I put together as a possible solution. Mr. Reitz read the
following :
Whereas , a petition to annex property to the Village of
Trumansburg was received and,
Whereas , this petition was reviewed, debated, public hearings
held, information solicited from the general public and,
Whereas , each respective municipality reached opposing decisions
in the question of annexation and,
Whereas , to break an impasse of these decisions and possibly
avoid a complete Article 78 proceeding from occurring
• Therefore, be it resolved that a Special Committee be formed of
one representative from the Town of Ulysses , one representative
from the Village of Trumansburg, one representative from the
property owner, one representative from the Trumansburg Area
• Chamber of Commerce and one representative from the Trumansburg
Downtown Businessman' s Association and
Further be it resolved, this Committee meet as soon as possible
after April 1, 1991 with a charge to actively discuss "in good
faith" the petition in question including the proposal for
development for this property and report their progress back to
each municipality by May 1 , 1991 .
•
Mr . Hogan asked how a committee like this would be selected. Mr .
Reitz said each group would select a representative. Discussion
of this concept took place. Not moving this as a resolution,
just offering it for consideration. Something to fall back on if
we do have an impasse with the Village. The other option is that
after April 1 , the new Trustees might amend the resolution their
•
predecessors made .
Mr . Reitz said perhaps we should learn from this ; if we make a
gentleman' s agreement we do it in the form of a motion, second it
and vote. So, March 25th is the tentative court date as of now,
you [Mr . Hogan] will contact Elizabeth to ask her to delay it for
another two weeks? Mr. Hogan said Yes , he will talk to her .
Whitmore Fence
Mrs . Stover said she was very unhappy with the fact that the
Village went ahead and paid half of the additional $150 . Whitmore
was asking for moving the fence. Mr . Hogan said he was also .
Mr . Reitz agreed. The letter was sent and the Village went •
ahead and paid $75 . ! Mr. Weatherby suggested waiting; if
Whitmore wants the other $75 . let him contact the Town.
NEW BUSINESS
Environmental Management Council
•
Mr . Reitz said there was a consideration to have a person from
the Environmental Management Council come and talk. Have all
received a copy of the letter from Roxanne Marino about the
unique, natural areas . We are having a joint meeting with the
Village on April 11th, perhaps have Roxanne and David Winestein
attend that meeting and give their twenty minute presentation. -
Also invite the Town Planning Board members . Mr . Hogan will
�'' rv' �•� .. .. .:' . 1. .. •'�. •,�� ,. .p •.}::.,T\ . F ',i'C Y_.• .}
404.
0 Town of Ulysses 7
Regular Town Board Meeting
�, ; March 12 , 1991
contact the appropriate people. Meeting is scheduled for 7 : 30PM.
ACC Senior Citizens Rate
Mr. Reitz passed along to the Village information the Town had
received regarding the discount offered to senior citizens . The
Village will study the information and get back to us . Think we
should hold off taking action until we hear. Mr. Hogan will call
" ACC with some questions concerning eligibility and if it will
affect franchise fees .
REPORTS
Town Clerk : Mrs . Georgia reported that total fees for the month 7
of February was $2 ,071 . 50 of which $1 ,897 . 69 was turned over to
the Supervisor and that included $1, 4909. 59 ACC Franchise. .
Highway Superintendent : Mr. Meeker reported that they plowed and •
salted as needed. Installed concrete anchors on guardrail
project . Did brush cutting, picked up limbs and branches from
ice storm. Hauling stone for summer projects and patching roads .
Will receive new loader hopefully by end of the month.
Zoning/Building: Mr. Rachun on vacation.
Town Board Members : Mr. Reitz announced that March 13th, •
Tompkins County Planning Board meets . Also on Youth Commission,
.,. found $1, 300 . in revenue that will be coming back to the Town,
this will be coming from County Youth Commission.
correspondence
Mr. Hogan mentioned receiving correspondence as follows : Letters
from Scott Sutcliff , Paul Pavenelli , TC Planning Dept . , letter
from Glenn Applebee, NYS Retirement/Tiers 3 & 4 , Remediation
Review.
Hearing no further business Mr. Hogan entertained a motion to ..
adjourn the meeting until Tuesday, March 19, 1991 at 6: 45PM,
moved by Mr. Weatherby, seconded by Mrs . Stover. Unanimously
approved.
Respectfully submitted,
Marsha L. Georgia .
•
-.
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• . �,..__
Clerk-Treasurer
Mayor f ""�`"—"'-'' ` Dolores Chase
Thomas D. Bennett g===Trustee Deputy Clerk
• Susan Perkins s s Sharon Housworth
• Samuel Demasty 14896
• Attorney
Peter Meskill Martin Shapiro
Karl Zylich •
11 March 1991
William Hogan, Town Supervisor
and Ulysses Town Council -01 gi_.1,1 (� �" L �,• ' '
Town of Ulysses
10 Elm Street LI 42,1991
Trumansburg, N.Y. 14886
TCi'AU OF _•..
Dear Mr. Hogan, - "�• •_ '
Pursuant to the resolution of the Ulysses Town Council of
February 12, 1991 re Auble annexation petition: we accept your offer
to withdraw the Article 78 proceeding upon indication that the
Village Trustees are willing to talk to the developers. We hereby
formally communicate to the Town Council the willingness of the
• Trumansburg Village Board to talk with Mr. Auble, after the Article
78 proceeding is withdrawn, concerning the needs and wants of the
community and his development ideas.
We agree with the sense of the resolution that proceeding with
discussions among the principals in this matter is a more
constructive approach than pressing the Article 78 legal appeal.
Since a y,
Thomas Bennett
Mayor, Village of Trumansburg
cc: Village Attorney
Village Board
Village of Trumansburg Planning Board
/
55 East Main Street, P.O. Box 718, Trumansburg, NY 14886 • Telephone (607) 8874501
.
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TOWN or ULYSSES
PLANNING BOARD MEETING •
•
MARCH 18 , 1991
7 :30 F' .M .
PRESENT : Chairman David Tyler ; Planning Board Members -
`'1� Geraldine Ken , Seville Reulein , Roland Reynolds ,
., Budd Stover ; Secretary Rita Brown ; Zoning/Building Insp .-
Alex Rachun .
•
•
OTHERS PRESENT : Mr . James Gulledge , Mr. Forbes and Mr . Burke
Pleasant Grove Associates
The meeting was called to order at 7 :30 p .m . Copies of the Revised
Site Plan Review were handed out for the committee to review. David
• Tyler asked that the committee read it over and make any revisions as
needed . The Planning Board Committee will meet again next week to
work on this Site Plan . The Committee spent a few minutes reviewing
the Site Plan Review . It was agreed that Section 312 , #21 should
read : "Other elements integral to the proposed development as
•
considered necessary by the Planning Board , including but not limited
to a balance between ,developed and undeveloped space , and •-
identification of any federal , state , or county permits required for
the project 's execution . " The Committee will work on finalizing this
Site Plan next week . c.
The meeting was then directed toward the Pleasant Grove Associate 's .
•
PUU . Mr . Gulledge handed out revisions to the Pleasant Grove PUC' .
- The committee reviewed Lhis . •
Item #3 , regarding the boundaries , was approved .
•
Item #6 , in regard to the height of the buildings , was approved .
Under allowed uses in #6 , it was agreed to change 7) to read : •
.
"mobile home sales and parks ."
The recommendation was made to amend the numbers on . the original
January 7 proposed application . Number 6 begins in #5 "The location
of the initial . . . " Every number moves up from there . Change #6-G to
read "Mobile •
home sales and parks . " • '
•
Change #9 to read : "No outdoor storage except trash recepticles which .-
will be housed in appropriate shelters . "
The committee discussed #10 . It was recommended that they be more -
. specific as to the design of their buildings as the public will want
to know what these buildings will look like . •
#15 (regarding signs) reads fine however a statement should be added
to read : "No more than two general road signs for the business
complex . "
#16 , 17 , 18 approved as is .
Mr . Tyler stated that because the Pleasant Grove project will be 500
I feet of a state highway , the County Planning Department has to look at
this and comment . It is our responsibility to submit this to the
County for review .
In going through the SEOR application , Alex Rachun explained that The
• Town Board will act as the lead agency and that the County Planning
Board and the Health Department are involved agencies . Copies of all
of this must be submitted to all of these agencies .
•
Changes that need to be made in the SEOR application :
. Part I
A #2 - Change acreage
•
%'�" .. . . _ ` :in�;l....:. ".al .. • . R ., .. I. .r.:.`.s :�.� " '.,. . ' '' .. . i . r. _ . .. r'.i:
•
A #3b - submit total acreage
A #4a - add depth of bedrock - 12 feet .
B #1b - correct acreage (read .5 acres & 7 acres)
B #1d - fill in length of project
•
•
D ffli - change height , width , length
B #1j •- give frontage of project
B #3 - change to N/A •
•
B #3b - should read yes
B 04 - as is
B Required approvals : change City , County Health Dept . to Yes
• Other local agencies - Yes - (County
Planning Bd . )
C #11 - change to Yes in regard to community provided services .
Fart II
#1 Impact on Land - change to Yes
(because construction will take more than 1 year)
• (Small to Moderate Impact)
#18 Impact on Growth & Character - change to Yes
Cause change in density of land use - Small to Moderate Impact
Development will create a demand for additional community
services (e .g . schools , police & fire , etc . ) - Small to
• Moderate Impact
Proposed Action will create or eliminate employment - Small to
Moderate Impact .
Mr . Forbes will redo the SEAR application (he now has the original )
and his proposal to be inclusive of all changes or corrections . He
will contact Rita Brown to meet to make the appropriate copies as
needed to submit to the County Planning Board and Health Department .
•
•
• The meeting was adjourned at 9 :25 p .m .
•
•
•
MMEMMUMUMMk
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TOWN OF ULYSSES
MASTER PLAN COMMITTEE
MARCH 20 , 1991
7 :30 P .M .
PRESENT : Chairman Glenn Applebee ; Master Plan Committee
Members - Andrew Rice , David Tyler ;
Secretary Rita Grown . •
OTHERS PRESENT : Carl Mann , representing the Zoning Boand of
Appeals .
The meeting was called to order at 7:40 p .m. Minutes of the
last meeting were passed out . A correction was made to
these minutes - Andy Rice should have been included on the •
list as doing the write up on Utilities . •
Rita Brown informed the committee that after April 1 the
Village Court would be held in the Town Court Room , so the
Master Plan Committee would either need to change their
meeting nights or find another location . Rita would look
into the Master Plan Committee meeting in the Village space
for our next scheduled meeting on April 3 .
The following drafts were presented to the Committee far
discussion : Open Space Considerations , by Glenn Applebee ;
Ulysses in Perspective , The Past and the Future , by David •
Tyler; and Utilities Available in the Town of Ulysses , by
Andy Rice . The group briefly discussed these drafts . Glenn
asked that copies be mailed out to the members who were not
present tonight so that the Committee can review these in
more detail at the next meeting . Glenn had spoken to John
DeLaney regarding the schools . He will put together a draft
of the school system to present at the next meeting . Glenn
asked Carl Mann to try to get information on the village to
be incorporated in our plan . We hope to have a
representative of the village present at our Master Plan
Committee meetings in the near future . Glenn also indicated
that he would get copies of the survey for the members for
the next meeting .
Our next meeting will be April 3 , 7 :30 p .m .
The meeting was adjourned at 9 :30 p .m . t.
r
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4 i
•
•
TOWN OF ULYSSES
PLANNING BOARD MEETING
MARCH :5 , 1991
7 :30 P .M .
•
PRESENT : Chairman David Tyler ; Planning Board Members -
Roland Reynolds , Budd Stover ; Secretary Rita Brown ;
Zoning/Building Insp .- Alex Rachun .
•
The meeting was called to order at 7 :40 p .m . The Committee reviewed
the revised Site Plan Review which was handed out last week . The
following changes were agreed upon :
310. 1 - Change " . . .approve with modifications , . . . " to read " . . .
approve with modifications and/or conditions , . . . . " .
310 .2 - #2 ^- Add : Occupancy classification changes as per New York:
State Building Code , 701 . 1 are not exempt .
310 .2 -• #3 - Break down into a , b , and c to make more clear. •
Paragraph should read : .
"Exterior alterations or additions to existing structures which would :
a) not increase the square footage of the existing structure by
more than 252 , .
b) not increase the square footage of the structure by more than
2 ,000 square feet and
c) not to exceed the height of the existing structure . "
310 .2 - #4 - Delete "Nonstructural agricultural or gardening uses." .
Add : "Farms , and the related farm structures as defined in Article I , •
Section 5 of Town of Ulysses Zoning Ordinance . " ''
310.2 - #5 - Add : "Temporary shall be defined as in placement for
less than 6 months per calendar year . "
310 .2 - Change : " In all of these cases the review and approval . . . " to ti
- read " In all cases where this local law shall apply the review and
approval . . . "
310 .3 - Change " . . .approve with modifications , . . . " to read " . . .approve
with modifications and/or conditions , . . . " .
.....t 310 .4 - Second sentence should read : "After receipt of the Planning
Board 's decision , the Zoning Officer shall take the action :irected by
.• the Board . Those actions are to issue , issue with modifications
and/or conditions or deny a Site Plan Approval . " Delete last sentence .
. . . "Actual occupancy may not take place _
310 .5 - Change to read : "Any person aggrieved by any decision of the
Planning Board under this local law may apply for review by a
proceeding under Article.? 78 of the New York Civil Practice Law and
Rules . Such proceedings must be instituted within 30 days after the
filing of the Planning Board ' s decision in the Office of the Town
Clerk . "
1 311 . - Paragraph under b) should read : "The Planning Board shall make
a determination under SEER (see Environmental Conservation Law)
whether the proposal is an Unlisted Action requiring a Short Form EAF
or a Type I Action requiring a Full EAF . "
312 - #21 - Should read : "Other elements integral to the proposed
development as considered necessary by the Planning Board , including
but not limited to a balance between developed and undeveloped space ,
and identification of any federal , state , or county permits required
for the project 's execution . "
313 •- 1 ) Change " . . .to be prepared in accordance with Article 5 . " to
read " . . . to be prepared in accordance with the New York State
Environment Conservation Law . "
314 . There was much discussion on engaging private consultants and
who should pay for such consultant . It was decided we would come back
to this , but some limitations need to be made on this .
314 - 3rd paragraph . Should read : " . . .within 45 days of the receipt
of the complete preliminary proposal and shall be advertised in the •
official newspaper at least 5 days before the date of the public
hearing . "
315 - First sentence should read : "Within 45 days of the conclusion
of the hearing (or of receipt of the complete preliminary site
plan . . . ) . Last sentence : Add "modifications and/or conditions . "
315 - Second paragraph . Change "Board's statement will contain" to
read " . . .Board 's statement will state the reason (s) for such
findings . "
317 .2 - a) - Include "and related supporting documents" after
occupancy proposal .
317 .2 - b) - Change Zoning Permit to read "Building Permit" .
320 . 1 - Insert "Town of " in front of Ulysses .
321 - Alex will get references for d) and e) .
Add : 322 .2 and following - Reserved .
Rita will type up another draft of the Site Flan Review with all of
the above changes . The next meeting of the Planning Board will be in
two weeks , April 8 at 7 :30 . The meeting was adjourned at 9 :30 p .m .
•
1
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70
•
TOWN OF ULYSSES
ZONING BOARD OF APPEALS
APRIL 1 , 1991
• PRESENT : Chairman Gail Zabawsky; Board Members Ken
el Christianson , James Hickey , and George Tselekis ;
Zoning Officer Alex Rar_hun ; Secretary Rita Brown .
OTHERS PRESENT :
Chairman Gail Zabawsky called the meeting to order at 7 :39 f
p .m . This meeting was called to hear a variance for tar map
parcel 12 . 1 .6 owned by Allen and Marilyn Vogel , Connie
O'Brien and Andy Boem . They are applying for a variance
under Article S Section IA for the property which is known •.
as 120 South Street to subdivide the property . It currently
does not meet the zoning requirements for subdividing a
parcel of land because the lots so shaped must form a circle
of a minimum of 200 feet diameter to be inscribed entirely
within the confines of the usable area and the lot area
requires 43 ,560 square feet . Submitted was as copy of a tax
• parcel map drawn out with the two proposed areas .
Mr . Vogel explained that they purchased the house two years
ago and remodeled the house and rented it out . He indicated
•. that when he originally purchased the house , the deed called '
for two parcels . The house had been rented until this
winter, and they have now decided they would like to sell
. the house . They went to a surveyor , Mr . Schlieder , and had
him draw a proposed line to divide the property and came to
realize that in order to sell the house they also needed a
variance to do that . Mr. Vogel explained that there
originally was a house and a well on the upper parcel .
Mr . Christianson asked what would be the acreage for each
lot . Mr . Vogel pointed out the parcels on a map . The lot
that has the house on it would be .75 acres . The other lot
• would be 1 .2 acres .
Ms . Zabawsky asked for any comments from the public . Jim •
and June Dunn , neighbors , indicated that they had no
• problems with this . Ms . Zabawsky asked if the Board had any
• questions . Mr . Hickey asked to see the deed and the
mortgage . He questioned Mr. Vogel as to his understanding .
. of the purchase of the two parcels . Alen Rachun indicated
that there may be some question as to the usable area in the
northern most lot . The concern is the 200 ft . diameter
circle that is eluded to that particular area is in a flood •
zone in the lower corner and may not be able to be included -
in the 200 ft . usable area . Ms . Zabawsky asked if the - -
.
Board had any other questions or comments .
. Mr. Tselekis felt that the way they have the lot proposed
for division has been done in a sufficient way . He felt
that keeping the parcel as one long lot with the house in _
the one corner doesn 't really make much sense .
Mr . Tselekis moved the following :
® WHEREAS : the variance is not a substantial variation
in relation to the zoning requirements ,
, parcel 1 is over the requirement for area and
. very close to the requirement for the circle ,
parcel 2 is close to the requirement for the
area and although it is well short of the
requirement for the 200 ft . circle and the .
house is already there , changing the
dimensions will not improve the parcel and
•
parcel 2 also has plenty of frontage in its
own riyht .
•
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1'
•
f,•
WHEREAS : there is no detracting effect, on population
density or any problem with available
governmental facilities , fire , water , refuse
•
disposal .
(
WHEREAS : there is no substantial change in the
character of the neighborhood , both lots are
still good size .
WHEREAS : it appears the difficulty can not be obviated
by some other method feasible for the
applicant to pursue other than a variance and
in view of the manner in which the difficulty
arose and considering all of the above
factors the interests of justice will be
served by allowing the variance .
WHEREAS : the proposed subdivision is shown on the map
presented as an exhibit entitled "Survey for
Connie O'Brien , Alan Vogel and Marilyn Vogel ,
Andy Boehm , Town of Ulysses - County of
Tompkins , State of New York , Tax Parcel No .
• 12-1-6 , Deed - L .485/p . 1029" and copy thereof
with subdivision line superimposed which
documents an exhibit to this application for
a variance.
BE IT RESOLVED : that the Town of Ulysses Zoning Board
of Appeals grants approval of this variance
for subdivision on tax parcel #12 . 1 .6 .
Motion seconded by Mr . Christianson .
•
• Ms . Zabawsky called for a vote as follows
Mr . Christianson aye
Ms . Zabawsky aye
Mr . Tseleski aye
Mr . Hickey aye
Variance granted .
Ms . Zabawsky indicated that we needed to pass the minutes of
the November 5 , 1990 meeting . After reviewing the minutes
Mr. Hickey moved , seconded by Mr . Christianson to aprove the
minutes of the November 5 , 1990 meeting .
Mr. Christianson aye
Mr . Hickey aye
Ms . Zabawsky aye
Mr . Tseleski abstained (absent from meeting)
Hearing no further business , Ms . Zabawsky moved to adjourn
the meeting , seconded by Mr . Tseleski . Meeting adjourned at
8: 10 p .m .
The meeting was adjourned at 8 : 10 p .m .
•
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• 7li'
• Joint Village/Town Board Meeting
April 1, 1991
•
The Joint Village of Trumensburg and Town of Ulysses Boards
met on Monday, April 1, 1991 in the Main Meeting Room, 56 E. Main
Street , Trumensburg, New York
•
Present : Village of Trumansburg: Mayor Thomas Bennett,
Trustees: Peter Meskill , Bill Griswold, John Rogers, Karl Zylich.
Town of Ulysses: Councilpersons: Tom Reitz , Carolyn Duddleston,
Catherine Stover.
Developer: Dave Auble
Recording minutes: Sharon Housworth, Clerk, Village of
Trumensburg
Trustee Meskill presented a MOTION, seconded by Trustee
- Zylich to open the joint meeting at 8:23 p. m.
Unanimously Approved.
Trustee Meskill stated we are here to discuss with the
• developer in front of the town members to see if
solutions/compromises can be worked out regarding the Auble
Annexation; what the village is trying to accomplish and whet the
developer is trying to accomplish.
Trustee Zylich asked Dave if he had anything new to bring
the new board members up to speed as far as what you are after as
•
• far as annexation.
• Dave Auble stated before he answered he asked if any of the
board members received a flyer "New York Land Institute" which
deals with municipalities, economical issues and real estate
development projects; Dave would like to explore this with both
boards; and at some point get our major priorities or issues on
the table.
Trustee Zylich asked if the suit has been dropped at this
point. Trustee Meskill stated our resolution last Saturday was
to meet with the developer and two or three representatives of
the town board to schedule at least two meetings. Tom Reitz read
the resolution (on file) , which states in part that two meetings
be scheduled with the developer and two or three representatives
of the town to discuss the needs and wants of the community and
ideas of the developer in relation to the Auble Annexation;
additional meeting may be scheduled contingent upon withdrawal
• of the Article 78 proceeding.
Trustee Zylich stated we should stick to the need and wants
of the community and developer. Dave stated that' s the concept ;
if the needs and wants of the community can be meshed with the
desires of the developer.
•
• Tom Reitz stated that Trustee Zylich had an interesting
•
question in bringing the new board member up to what your latest
proposal was that you brought to the town board in November or
December.
Dave stated what he had discussed with the town board was a
revision of the plan that was brought in with the petition; what
' he would cell as Phase I ; which was a full coverage plan; Dave
•
stated it was very likely not a market for what was laid out on
that plan; on a plan like that people think it will be dropped in
place, where a plan of that size could take 20 years. The
modified version (Phase I) showed a building that could house a
supermarket and approximately apace for five other businesses in
• that same complex ; a total square footage of 50, 000 of building;
he' s not even sure there is a market for that at this point.
•
•
•
II
And a portion showing some residential pointed toward senior, or
low to middle income housing; this is what he (Dave) would call a
full coverage site plan and very ambitious at this point.
Trustee Meskill asked if this was the old plan; Dave stated he
believe this is similar to what was submitted with the petition.
Discussion continue about re-submitting the petition; village not
inviting input from the developer. It was decided to go forward
and get some ideas and try to work together.
Dave stated a modest and possibly reasonable, within market {;
demands, retail on the site and segment of residential toward
elderly senior oriented for sale or rental housing. Trustee
Griswold asked if like condo' s; Dave stated could be apartments,
town homes or single family, mix, depending on demand. Trustee
Zylich asked it he was still talking about 50, 000 sq. ft . of •
commercial . Trustee Griswold stated he would like Dave to go
through the whole thing and then address concerns that anyone •
might have.
Dave asked if they have the opportunity to utilize the
property they see the market demand. Those are the two primary
demands he see for the market of small retail. Trustee Griswold •
asked if someone has a concern as to how much commercial space
and the size ; and if this is a concern of the village, is this •
something we can negotiate; this is why we are here; we may not
end up all coming to terms but if someone has a concern can it be
direct ; Dave stated there is definitely room to negotiate and
room for input.
Dave commented he saw some of Trustee Rogers ideas regarding
a farmer' s market and he is interested in that concept also, but
whether it is economically advisable for the site ; whether is
would work with a commercial/retail ; or make sense to the
community ; he is open to that kind of thinking. I 21
Trustee Griswold asked Dave if the annexation was forced on
• us; can the village set criteria. For example if you could only
have 10,000 sq. ft. of commercial/retail ; is that the way it
happens. Dave stated the discussion of whether it should be
annexed at all . . Trustee Meskill stated: that is the classic
example; if it should be annexed at all ; that is what any
annexation petition is about .
Dave: what are the alternatives if it is not annexed. Jim
Seafuse moved from Main St. down to 96 (south) and built his
store. This can be done at this end of the village (north) too.
And that may be the alternative; the other alternative may be the
property is going to be efficiently developed and designed in a
way that is healthy for the community ; possibly a water sewer
district is an option. So you have the option of annexing, of us
• going ahead with septic and wells, selling water/sewer; and
possibly annexing in the future if it makes sense as the village
- goes along. Getting back to the question; if it is annexed and •
how it is annexed is probably the next question.
Trustee Griswold stated the question is should you annex or
not depends on how the village sees the property being used. Tom
Reitz said your question is whether zoning laws are in effect at
the time of annexation. It was asked how the property is zoned
now; it is zoned as agricultural/residential.
Dave continued: He recommends the alternative now is to go
parallel processing since this has been a long drawn out process
and may continue to be that way ; for us to go forward; rezone it
with the town; since the town seems to be in agreement that this
is an opportunity to broaden the tax base; and they see the
positive aspects of this; and continue to talk with the village
about the alternative of annexation; the town may want to come to
• the village ask for a water/sewer district .
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1
Trustee Griswold stated if the landowner's had it annexed but
not annexed in such o way they could do it with what they have
planned. Dave stated it could be a possibly.
Tom Reitz asked what is the time table of the village' s
zoning ordinance, updates, including planned unit development .
• Trustee Meskill stated subdivision and definitions are done and
review of the SEOR (Article 5) , which was handed to us tonight ;
we need to get the that information to the CAC and Planning Board
and have a public hearing. Section 2 & 3 needs reviewing by the
Board ; go back to planning board for changes.
Trustee Rogers asked if all of the 50, 000 sq. ft was
commercial . Dave said no, about 1/3 of it would be commercial
with parking included. Trustee Griswold asked how much housing.
Dave stated about 20 acres of residential. Trustee Meskill
ti stated he thought there was a newer version which shows less
housing. Dave stated there is not enough demand for a full
coverage plan. Trustee Rogers stated he was questioning the
capacity of the sewer and water demand. Dave stated he thought
the village had a capacity of 200 units; new plan shows •
approximately 40 - maximum of 50 residential units. Mayor
Bennett asked if there are 40 residents, could people buy them;
Dave said yes they could be for sale; it would be a mix.
Dave stated that he sees that the town sees an economic need
for this type of activity; one municipality sees this and the
other does not ; he would like to see a meshing of these
understanding;
Trustee Zylich asked about the impact on schools; if it is
elderly housing it won' t be an impact. Dave stated the major
market in the U. S. is elderly housing and he has interview people
in the community. Trustee Meskill stated as he understands it ,
it won' t be like a Juniper Manor. Dave stated correct ; they •
would he looking at potential subsidized segments of the project;
they could have a range of income levels; there could be some
• subsidize if it is available and they looking in to that, but are
•
• going without that ; Trustee Griswold stated the village can' t
•
control subsidy housing or regular housing; Trustee Meskill said
correct, the only thing the village can control is density based
on zoning.
Trustee Griswold stated basically we are talking about how
much is residential and how much commercial. Dave stated his
thinking is for integrated neighborhood that provide services
that related to each other. If you have senior oriented housing
you have some services related to that ; an optician is
interested in moving into the area; possibly where seniors could
walk to these services as well as retail business; the general
public could do the same; it would be a mix of concepts.
Trustee Griswold asked what percentage would be residential
and percentage of commercial. Dave said right now there are 13
' acres in the village and 38 acres in the town; what has been
• planned in the past ; the amount . . in the town would be a mix of
commercial ; and the part in the village would be residential.
Trustee Meskill asked Dave, what you are saying, is 38 acres of
commercial/industrial in the town and 13 acres of residential in
the village. Dave stated to be liable on a long term basis, for
• instance if you were to get some high tech software company who
wanted to come in here ; you have to know you have enough space to
do a logical configuration for . them to be able to do that ; for
the amount of residential demand that we see in the village, 13
acres is more than adequate; it might be the owner might come
back in a two years and say we . need to expand over into
commercial depending on changing conditions. There is definitely
not enough market to build 38 acres of commercial ; and not enough
market to build 13 acres of residential.
Tom Reitz stated that the P&C is interested in doing
something by 1993; he asked Dave if this would be his first
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primary consideration. Dave answered yes, in spite of the fact
that many don' t want to see the P&C move. They are going to
F•. whether they move to this property or another property.
Truster Meskill asked if this would be the cornerstone of the
r' development . Dave said it would be one of the major components of
the development .
• Trustee Meskill said he understood the P&C was in the
village office to get a building permit for remodeling and
changino storage around and taking over where Ferretti' s •
Laundromat was.
Dove understood they were going to upgrade end it would be
healthy for the community ; it would be much more appealing if
someone comes in to replace them. Trustee Meskill questioned why
P&C would put this kind of money into a building, with cheaper
rental and then move to the development which would be more
expensive. Dave stated he can' t predict or control corporate
decisions.
Trustee Rogers stated he rides his bike to the P&C now; it
is dangerous to ride to Shur Save; he would like to see it stay .
Dave stated the municipalities would have to work together and
build sidewalks. Trustee Meskill said it would be expensive for
the village to build; Dave stated you could do like the state
parks and have walkways with crushed limestone materials that
packs down; there are ways to do this; and still make it within
bicycling and walking distance for a certain segment of the
community.
Dave stated some economics of the program; municipalities
are in a budget crunch; state is promoting seminars and
encouraging development ; people feel developments would cost more
than what it would bring in revenues. Dave feels and he thinks
the town is in agreement, the financial benefits far out weight •
the costs, plus it would bring in services and create Jobs.
Trustee Griswold asked what are the problems of the
development. Trustee Meskill stated you would be taking a
grocery store out of the middle to town; what effect does 50, 000
sq. ft. of commercial space on the northern edge of town - how
does that effect the center of town. The other problem is the
village does not have zoning 2 and 3 plans implemented. If the
• village were to annex today and give them 38 acres commercial and
• 13 acres residential, they could come in and fill out a building
permit and the village would have no control over site plan
review.
• Trustee Griswold asked it the town would have a problem if
the village were to make a concerted effort to get the
appropriate zoning in place before the annexation is looked at ;
it seems like we are under the gun; I' m for planned development
but I don' t think we should do it today; it' s not appropriate to
the village citizens because we don' t have the planning and
zoning in place. Trustee Griswold asked how long would it take
the village to get the zoning it place. Andy Scott , Chairman of
the Planning Board stated it would take three to four months.
Dave stated there are two options: (1 ) table everything
until the zoning is in effect (2) look at alternatives. We need
to look at parallel steps economically; municipalities will see
the difference in dollars in revenues, especially with state
cuts ; sewer rates will be increasing; our basic approach is to
keep going forward and work in harmony with the village.
Trustee Meskill asked Dave what he meant by going forward.
Dave answered: They have to attempt to start the project in this
building season which may mean going ahead with septic and wells;
the other alternative would be for the town to come to the
village to purchase water and sewer and pay the rate and a half .
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Trustee Rogers stated this is o big change and we don' t hove
our planning in force ; we need to decide whet Trumensburg needs
in the future ; we do have some needs for jobs and light: industry ;
non-polluting; some residential ; another thing we have to worry
about is building another school to accommoaate new housing. Do •
we want a larger community ; the village has to decide this
Dave answered the town is growing; the town and village is
one community ; the town is the commercial center; the school
serves the town and village. •
4
Trustee Griswold asked if there would be under 50 families.
Dave stated if they go for the market they are looking for it
would mean 50 families without children; if they bring in a
software company that hires 20 people and 10 of them happen to be
families with two or three children, it would have an effect on
schools ; but if that high tech outfit builds south of the village
or Enfield it still will effect the schools; •
Dave stated his understanding of the evolution of a village
• basically encompasses the entire community; if that means
widening is boundaries and providing services in order to
maintain the economic health of community. Trustee Meskill said
as long as it doesn' t cost the people that already exist more
money to have that done and doesn' t impact the quality of lite.
Dave agreed; now its a question of how; we are taking steps
forward and doing something progressively.
Trustee Meskill asked the town: they indicated there are
going to run on a parallel regardless of how the annexation
process goes and how long it takes a panel of judges to decide.
Question to Dave: you intend to approach the town for planned
unit development for that land, prior to being annex . Dave said
he feels that is what he should recommend. Trustee Meskill said
it makes it that much more difficult for the village to deal with
because they are forcing us in not letting us come forth in good
• faith discussions; while we are coming forth with discussions,
You are proceeding forward, with what you want whether the
village wants it or not ; to me it doesn' t show good faith on your
part.
Dave stated you sit and do nothing or take positive action
in terms of planning. To get this on the tax rolls the town has
supported this concept in good faith; they are going to want to
see some revenues coming from this site. Our interest in that
department are being pursued and trying to get into forcing your
decision making process.
Trustee Meskill asked the town board members if they feel
that its in the best interest of this annexation question, to
have the developer move forward; we are here now to come up with
something that will work for everyone.
Catherine Stover stated one thing that would bother her is
to have to them move out of the county ; there would he sales tax
from the P&C.
Trustee Griswold said we have people who went to keep the
P&C downtown; but if the P&C doesn' t want to stay there, they are
not going to stay. Catherine Stover stated she didn' t think the
P&C would care what county they are in.
Tom Reitz stated that we all know what the options are that
the developer has; he can leave it agricultural he can also come
to the town and ask for a planned unit development or a business
district ; the whole point is probably nothing will hempen; unless
the discussions break down to no place; it the town drops the
Article 78 they have two options and let the developer come to
the town alone and we make the sole decision; or we can put the
Article 78 through and probably feel we have a reasonably good
chance of forcing the annexation on the village, but the village
would be in a position to zone it or control or to allow water
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•
and sewer. Trustee Meskill asked if the judge decides, does he
•
tell the village what to do with the land; does he base it on the
planned unit development that was proposed with the petition or
allow the village to re-zone as they see fit . Dave stated they
•
would be ruling on the petition.
Trustee Griswold asked Dave how he would feel if the village
annexed and zoned the land 70% residential and 30% commercial
with guidelines on how used. Dave said he can' t speak for the
landowner, but he would consider it.
Carolyn asked the village board, if the town drops the
Article 78, what guarantee does the town have that the village
will continue with their planning and zoning; two years ago they
asked the village to adopt it ; it has been dropped; they ought to
have some kind of guarantee that it will continue. Trustee
Meskill agreed that the village should have some sort of time
line to have the zoning in place. Discussion continued that the
zoning has been worked on by previous boards but has never been
• finalized. It could take 3-6 months to finalized the zoning
rules and regulations.
•
Mayor Bennett stated it could throw a monkey-wrench in this
building season. Dave stated that is why you need to work on a •
parallel course; it doesn' t make sense for us to go through this
• whole exercise and come out the other end. . . Trustee Griswold
stated if you already have the building there and we annex it,
you have a problem. Trustee Meskill stated the village would
have more of a problem; why would they want to be annex at that
point. Trustee Griswold said if push comes to shove and you had •
a building there; then its not going to be residential at that
point if it get annex into the village.
Dave stated it doesn' t make sense to go into the village as
all residential ; Trustee Griswold asked Dave what is your main •
objective. Dave said they already have 13 acres of residential
land in the village with water and sewer, we could start
building. Trustee Griswold asked if the village came back and
• said their intent is to have it mostly residential, and you are
willing to go along now and pursue your own sewer and water what
do you want from the village that you' re not going to get without
it. Dave answered, that a good question; we could start the
residential now; 13 acres is a lot more than the demand for the
market, it would take some time to build out 13 acres of
residential. To efficiently plan the site it should be done up
front that the utilities are provided to the site. If you go
• with a"mash-mash" of starting out with septic and well , it
effects where you place your buildings, how you design the site.
Trustee Griswold said if we have good faith and work on our
zoning and so forth and we get it done in 3-6 months; 6 months is
the end of the building season. Dave stated you need a parallel
process; you need to get your zoning in effect .
•
• Trustee Meskill stated if the village is working herd and in
good faith to look at a combination that will work; and save the
taxpayer the money it will cost for a lawsuit plus not impact
what we already have in the village in a negative fashion; then
•
for you or the town to engage with you to run parallel at the
same time; when we are acting in good faith, it is a constant
push; I ' m asking the town if they are willing to do that .
Catherine asked if the village has any plans in changing the
zoning to commercial . Trustee Meskill said you would have to go
the BZA. Tom Reitz asked how different is the town and village
planned unit development differ. Trustee Meskill said he can' t
answer that .
Trustee Griswold stated if we go though all this and the
planning board and recommends it is 80-90% residential, where are
we. Dave said the landowner has the last vote of the annexation;
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Trustee Meskill said in a normal process; if a piece of land
of 30 acres has already been zone 30 acres commercial and 20
acres residential ; when you are bringing your plans to a planning
board if you proceed while we are working on our zoning and still
initiating discussions; if you proceed with the town to do 1.
planned unit development , the town' s zoning is definitely
• different from the village; you are going to have an entirely
1., • different concept than what the village may want or allow. Dave
said that is why it would be good to go with a Phase I or II. If
we did the Phase I commercial and did the residential in the •
village we would be working with the village regulations, and
'',:, if/when there was on annexation of this portion of the property
that would be a building that came with that particular property;
it would be grandfathered in. A town member asked Dave if he
would be asking for a couple of acres; Dave stated a business
district .
Trustee Meskill stated again if the village is working in
good faith to look at some form of annexation as a combination of
commercial, residential, industry and working hard to put our
laws together, he would ask the town in good faith that they look
at what we are putting together before they approve any planned ••
unit development ; otherwise, all the work we have done, all the
cooperation and discussions between the boards and developer is a
waste of our time.
Trustee Griswold tasked Dave if the village annex it and the
• village has some say as to the use of it and feeling is from the
• planning board that most of it will be residential, do you still
want it annex. Dave answered we would have to go to the drawing
board and see what the portions are and it would have to be very
specific before an agreement can be made. Trustee Griswold asked
if it is appropriate if we set some guidelines and time frames
tonight ; we owe that much to the discussion.
Discussion ensued; it was suggested the town and village
compare their planned unit development with one another.
•
Dave stated he would like to make this a two phase step;
give the town the opportunity to help plan the property similar
to the way the village would want.
Dave stated residential property takes more in services,
costs and generally in revenue. The economic side if you want to
have a low cost to the community, you gear toward the commercial
side because you are not using up your resources. Those are the
economic area from our stand point. Trustee Meskill stated the
negative from that stand point is how it impacts the rest of the
community to bring in more commercial.
Trustee Griswold asked where we go from here. It was stated
the two boards will be meeting again on the April 11th, and the
town board members at this meeting should talk with the remainder
of the board members.
Trustee Griswold asked the town what their reaction is of
tonight ' s meeting. Catherine stated she thought it has been an
• excellent discussion, Carolyn agreed. Carolyn said if we all
think about what was said tonight and come back and talk again,
we may come up with something. •
Trustee Meskill asked the town it there was anything more
they wanted to discuss with the village or had any questions.
Catherine stated what Dave has to go is give some thought on
what he wants, which way he wants to go; we can' t give PUD unless
applied for and have certain criteria before it comes to us.
Trustee Zylich asked Dave if we could have the updated
version of his plans. He will bring them Thursday (11th)
t.
Trustee Griswold presented a motion seoonded by Trustee
Meskill to adjourn meeting until April 8, 1991 for the Village
Board Regular Meeting and April 11, 1991 for a village/town Joint •
meeting at 7:30 PM at the Village Meeting Room. Meeting
adjourned at 10: 10 PM.
• Unanimously approved
•
Respectfully submitted,
Sharon Housworth
/s .
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TOWN OF ULYSSES
ADJOURNED TOWN BOARD MEETING
April 2 , 1991
Present : Carolyn Duddleston, Thomas Reitz , Catherine Stover,
Councilpeople; Marsha Georgia, Town Clerk. Absent :
William Hogan, Robert Weatherby .
Others Present : David Auble, Jerry Perkins , Roger Rector,
Christine Springer . .•
Carolyn Duddleston opened the Adjourned Town Board Meeting at •
7 : 25PM.
Board members spoke with David Auble and reviewed the Joint
Village/Town meeting held the previous night . The next Joint
Meeting will be April 11th. Mr . Reitz said that the Village
keeps bringing up the Article 78 , Mrs . Duddleston said that they
want a commitment from the Town without actually committing
themselves . Mr . Auble asked if it sounded if they [Village]
would be open to a proposal from the landowner and maybe the
Town? Mr . Reitz said he felt there was a lot of ignorance last
night on the Village Board. . .would have probably been appropriate
• to have what you [Mr . Auble] presented to the Town . Mrs .
Duddleston said that hopefully the Village will come to the
meeting on the eleventh somewhat more prepared. Mrs . Duddleston
said that she doesn ' t think the Town is out of line in asking for
a commitment on a tentative time-frame .
Mr . Auble said that he was thinking, in order to get some forward
movement , of coming with a proposal that would enable us to come
to the Town and request a start of project review, which would
• include rezoning, review of the project and possible Phase I
approval .
Anxious to get something going. . . interest rates are down and
housing market is growing . What are we hampered by here . . .don't
see where the law suit is connected. In an economic hardship
situation because of the Village' s lack of responsibility. They
•
have fumbled along with this zoning process for a long time and •
keep using it to extend out any approvals . . . they already have
zoning. How would it hurt the situation to start . . .Mr. Reitz
• said he thinks housing would be ideal . . .but think if you come to
the Town just to say I want to put a road in there, that the
Town, without going through major PUD' s , etc . , don' t see that as
• a problem.
Mr . Auble said he feels it is asking a lot of him to wait a year
until anything is built . Can' t see how it would affect the
Article 78 and would be interesting to ask. . .what if we asked to
• go forward with Phase I of the commercial . . . ask the attorney .
Mr . Reitz said that is different because you are asking to build
in the Town. Mr. Auble said that could be Phase II then.
• Mrs . Duddleston said this is something new. . .Village is still not
sure of what took place before and this is a new idea. Mr. Auble
said that one of his thoughts is to ask the Town to ask the
Village for a water/sewer district . For Phase I [whatever we
deem as Phase I of the project] and that they [Village] can give
us that with some limitation [for instance Alpha House/limited to
6,000 gallons per day] . . . then, if that agreement is reached, that
would allow us to get our project started while the Village is
forming their new zoning/master plan, even if it takes a year .
When that ' s in place, perhaps we can put some kind of agreement
together that would we automatically reapply for annexation or
that ' s something the Town Board would have to let me know what
you want . . . if you want to keep it in Town, etc.
r, .
Town of Ulysses 2
Adjourned Board Meeting
April 2 , 1991
Mr . Reitz said he doesn' t think the water/sewer district outside
of Town will be approved, the rest voiced the same opinion. Mrs .
Duddleston said that she feels Mr. Auble should return to the
meeting on April 11th with some of these ideas . Mr . Reitz said •
that would give the Town time to evaluate what transpired at the •
Joint Meeting last night .
Hearing no further discussion, the Board adjourned to an
Executive Session regarding the Judicial System. The Board
reconvened to adjourn the meeting until April 9, 1991 at 7 : 00PM.
Respectfully submitted,
Marsha Georgia
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TOWN OF ULYSSES
•l•• PLANNING BOARD MEETING
APRIL 8 , 1991
7 :30 P .M .
PRESENT : Chairman David Tyler ; Planning Board Members -
Roland Reynolds , Budd Stover , Geraldine Keil
Secretary Rita Brown ; Zoning/Building Insp .- Alex Rachun .
•
OTHERS PRESENT : Tom Reitz
1 .
The meeting was called to order at 7 :35 p .m . Minutes of the March 11 ,
•
March 10 , and March 25th Planning Board meetings were read and
approved . David Tyler announced that there would be another seminar
•
•
offered by the Tompkins County Planning Department on April 11
regarding SEOR . He asked for someone to volunteer to attend as he
would be out of town . Geraldine Keil volunteered . There will also be
a joint meeting with the Village and Town Boards on April 11th .
There will be a guest speaker there from the Environmental Management
• Council . Budd Stover will try to attend .
The committee continued discussion on the Revised Site Flan Review .
•
Section 314 : regarding private consultants . Roland Reynolds
expressed concern about this being abused by the Planning Board
requesting information that is beyond what is actually required .
Geraldine Keil pointed out that there are several agencies where free
•
assistance could be obtained sucn as the Health Department . But when
• some big proposal is in and the developer hasn ' t met all the
•
requirements that the Planning Board has requested to clarify
something , it may be necessary to engage a private consultant . By
® putting in the statement "In the event applicant pays the private
consultant fee and the specific site plan application as to which the
consultant was engaged is thereafter disapproved by the Planning
Board , the Town shall reimburse the applicant for this cost upon the
disapproval . " , the town would be aware that if the planning board
turned the PUD down , the town would be paying for this private
•
consultant . Budd Stover felt the 5 days was not long enough if the
developer wanted to turn in alternate plans instead of hiring private
consultants . It was agreed to change this to "5 business days" . It
was also agreed to add to this statement , " In the event applicant
pays private consultants fee engaged at the Planning Board 's behest
and the
Change #4 in Section 310 .2 to read "as defined in Article I , Section
of the Town Zoning Ordinance . "
On page 4 , change h ) of Section 313 to read , " In the case of a
recreational camping facility , an apartment complex or other multiple •
dwelling , adequacy of usable open space for play areas and informal
• recreation ; " Alex Rachun will contact the Health Department to sec if
there is any code regarding open space for multi-units or campgrounds .
On page 2 , Section 311 - "The Planning Board shall make a
determination under SEAR (see New York Environmental Conservation Law,
Section 8-0113) . . . "
On page 3 , #21 - correct to read " . . . including but not limited to
balance between developed . . . "
On page 4 , Section 314 - first sentence - change building inspector to
read "zoning officer" .
David Tyler asked Tom Reitz if a new member had been appointed yet to
the Planning Board . Tom Reitz said that they hoped that one would be
appointed tomorrow night at the Board meeting .
On page B , Section 321 , d) and e) - "will meet the criteria in
governing state and federal statutes and regulations applicable . "
•
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Roland Reynolds made the motion to approve the proposed Site Plan
Review and Approval by the Planning Beard and submit it to the Town
Board for their review and approval ; seconded by Geraldine Keil . •
Geraldine Keil - Aye
Roland Reynolds - Aye
• Budd Stover - Nay
David Tyler recommended we have another meeting with the entire •
Planning Board to discuss this further . David Tyler asked Rita Brown
to make sure that Richard Garner and Seville Reulein have all the back
minutes and the final revised copy of the Site Plan Review . Our next
meeting will be Monday , April 22 .
• The meeting was adjourned at 9 : 15 p .m . I •
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TOWN OF ULYSSES
REGULAR TOWN BOARD MEETING
•
• April 9, 1991
•
Present : William Hogan, Supervisor; Thomas Reitz , Catherine •
Stover, Carolyn Duddleston, Robert Weatherby , ••
Councilpeople; James Meeker , Highway Superintendent ;
Marsha Georgia, Town Clerk. •
•
Others Present : Richard Durling, Gene Moore.
Mr. Hogan, Supervisor, called the Town Board Meeting of the Town
of Ulysses to order. at 8 : 00PM and led those in attendance in the
Pledge of Allegiance to the Flag of the United States of America .
Mr. Hogan entertained a motion to approve the minutes of the
Regular Town Board Meeting of 3/12/91 and the Joint Village/Town
Meeting of 3/5/91 , moved by Mr . Reitz , seconded by Mrs . Stover .
•
One correction on 3/5/91 . . .Mr. Weatherby was present .
Unanimously approved.
Report : Trumansburq Fire Department
•
Mr. Durling reported on the activities of the Fire Department
(see attached) .
Had elections of officers, Mr . Durling remains Chief , Robert •
Snedeker, Asst . Chief . Annual banquet will be held April 20th,
6: 30PM cocktails, 7 : 30PM dinner. Invited a town representative.
Mr . Reitz and Mrs . Stover will represent the Town.
Report : Rep. James Mason
Absent . Mr. Hogan said he had talked with Mr. Mason who said he
will be meeting with a large delegation of lake front property
owners .
Claims
•
Mr. Hogan entertained a motion to approve Claims #112-144 in the
amount of $8 ,185 .70 , moved by Mr. Reitz , seconded by Mrs .
Duddleston. Unanimously approved. •
Superintendent 's Financial Report
Mr . Hogan read the report (see attached) . Budget stats were
reviewed, seem to be on line for the quarter .
Hearing of Delegations/Individuals
Mr. Moore presented plans to the Board for the old Poyer
Farm. . . to reopen it as an outboard motor repair shop. Mr . Hogan
said that in speaking with Mr . Rachun that these plans seem to be
very complete. Mr . Hogan read the following statement of
purpose : Business hours will be from 8 : 30AM-5 :OOPM, Monday-
Friday; 8 : 30AM-3 : OOPM .on Saturday; 9: OOAM-noon on Sundays . All
power repairs will be done during weekdays and anything after
5 : 00PM will be done inside. Our season runs from March through
October. We are very slow in the winter months . Customer
parking will be in the front of the building, up to six
cars . . .don' t expect more than six at one time. Parking lot area
is 40 ' x50 ' . Storage .is .15-20 boats parked on north side of the
building waiting to be worked on or picked up . Inside storage in
the winter for 10-15 boats , may be 4-5 outside winter storage,
maximum. Plan to install stockade fence on north side of the
building along .boundary .line. Improvements to building and
Town of Ulysses 2 •
• Regular Board Meeting
April 9 , 1991
grounds , painting roof and all wood trim, clean up area around
building, adding fill on south side, gutters on both sides of
building, draining out back of building .
• Mr . Reitz asked Mr . Moore what condition he was seeking. . . zoned
business , a PUD? Mr . Moore said a PUD. He is in the process of
buying the property.
Mr . Hogan said that the Board will make sure the application is
complete and forward it on to the Planning Board.
OLD BUSINESS
Spruce Row Campsite,
Mr . Reitz stated that he hadn' t heard from the map maker. Has
• started work on it . The County has hired an airplane to
photograph the entire county. . .will try to get copies of those
maps , which will aid him in the process . Mr. Reitz said he will
be happy to contact him and get a progress report .
RT 96 Lighting
•
Mr . Hogan asked if anything had been heard regarding RT 96
lighting? Mr . Meeker said No. State has closed the Ithaca DOT •
office. Will contact them and see what progress has been made.
Appointment/Planning Board Member
Discussion took place regarding the Planning Board applicants .
Mrs . Stover moved, seconded by Mr. Reitz to appoint Jerry Perkins
to the Planning Board.
• Mr. Hogan Abstained
Mr. Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Aye
Mr. Weatherby Abstained
Approved.
Mr. Hogan will contact Mr. Perkins and the other candidates .
Mr. Hogan stated that he had received quite a bit of
correspondence regarding economic development/seminars, etc.
Perhaps we should have an economic development
committee. . .Christopher Gunn is a specialist in this
area. . .perhaps have a sub-committee . Think about the concept .
Mr. Reitz commented that it is a good idea for the Planning
Committee to become involved in economic development , but perhaps
wait until the Master Plan Committee completes their assignment .
Suggested inviting Mike Stamm from TC Area Development to a
Regular Town Board Meeting . Mr. Hogan thought that was a good
idea.
Water Study
Mr . Hogan said there was no report on the Water Study .
Auble Annexation
Will be a Joint meeting at the Village Hall on April 11 at
7 : 30PM. Mr. Hogan said he had seen Tom Bennett who stated that
Marty Shapiro needs another extension of the postponement until
April 29th. Mr. Hogan said he felt that was reasonable so called
the Town Attorney . Mr. Reitz went over the Joint meeting with
the Village on April 1 .
. 1 ..
Town of Ulysses 3
Regular Board Meeting
April 9 , 1991
Pleasant Grove PUD
Discussed Pleasant Grove PUD. . .Mr . Reitz asked if there was a
hold up from the Planning Board on their recommendation to the •
Town Board? Mr. Rachun is sending it to TC Planning in reference •
to SEQR.
NEW BUSINESS
Meeting Rules
Mr . Reitz stated that he would like to put together a rough draft
o`_ rules that might pertain to committees , submit it to the
Chairs of the committees for comment . Mr . Hogan said he will let
folks know that the Board is considering some form of attendance
requirements .
Posting of Meetings
•
Mr . Reitz said there is concern from some residents , because of
the number of meetings , of not being informed as to when they are
held. The Village is going to post their special meetings , etc.
at the Village Office, Post Office and bank. . .will advertise that
in the FreePress . The Town, at this time, just posts special
meetings on the bulletin board. . .wondered if we shouldn' t post it
at the Post Office? •
Mr . Hogan said this office is centrally located, people can call ,
or stop in to ask about meetings . Feels what we are doing is
• sufficient . Town Board members agreed.
Resolution
Mr . Reitz stated that he has a resolution Urging Opposition to
Cuts in Aid to Localities and Youth Services and Support for
Article 19A Section 420 of New York State Executive Law, moved by
Mr. Reitz , seconded by Mrs . Duddleston as follows :
WHEREAS, the Governor's 1991-92 State Budget includes drastic
reductions in aid to localities that affect the Town' s ability to
continue valued services for municipal residents and
WHEREAS, the Governor has also recommended an additional 55%
reduction in the amount of local assistance available to the Town
for youth services , and
WHEREAS, the Town is currently engaged in planning and providing •
new and expanded services for children and youth that will rely
on the availability of continued state aid from the Division for
Youth and
WHEREAS, the NYS Executive Law Article 19A Section 420 which
provides per capita aid to localities for youth services has been
the foundation of the State 's successful youth service system for
more than 45 years ,
WHEREAS, the Governor's proposal to allowDFY funded programs to
charge fees will not generate enough alternative revenues to
offset the .proposed cuts in services for families least able to
pay fees , now therefore be it
RESOLVED, upon recommendation of the Trumansburg Ulysses Youth
III Committee that the Town of Ulysses opposes all proposed cuts in
aid to localities and especially those for youth services and
further
RESOLVED, that the Town urges our Senate and Assembly
representatives and the leadership of the Legislature to oppose
cuts in state aid and further
RESOLVED, that the Town urges continued support for Executive Law
Article 19A SEction 420 , and opposes any attempts to eliminate or
weaken the State's youth service system and further
•
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• Town of Ulysses 4
Regular Board Meeting
April 9, 1991
RESOLVED, that this resolution be transmitted to: Governor
Cuomo, the leaders of the Senate and Assembly, the leadership of •
the legislative committees responsible for recommending state aid
for youth services and to our local representatives ,
Mr . Hogan Aye
Mr . Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Aye
Mr . Weatherby Aye
.,
Adopted.
REPORTS
Town Clerk: Mrs . Georgia reported that for the month of March,
total fees collected was $1 , 048 . 41 of which $745 . 43 was turned
over to the Supervisor . Of that $15 . was Zoning and $185 . in
building fees for Mr. Rachun.
Mrs . Georgia said she had talked with Mr . Hubble, Town of
Enfield, regarding renaming County Line Rd/Townline Rd. to 'Buck
Hill Road' . Other municipalities have passed a resolution to
change the name. . .Mrs. Georgia said she feels there is more to it
than just a resolution, perhaps a public hearing, will check on
legalities .
• Hiohwav : Mr. Meeker, Superintendent , reported that the crew had
patched roads, cleaned up stone and dirt by Yacht Club. Hauling
stone. Expect new loader any day . Would like the Board to
declare the old loader as surplus , can advertise it for the May
18 auction. . .want a minimum bid of $5,000 .
Mr . Hogan entertained a motion to declare the loader as surplus ,
moved by Mrs . Duddleston, seconded by Mrs . Stover .
Mr . Hogan Aye
Mr . Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Aye
Mr. Weatherby Aye
Adopted.
Mr . Meeker stated that he has the forms to go for State bid on
salt purchases . Should be cheaper; have to guarantee that I will
take at least 75% of what I order, and have to have the order in
by the end of this month. Don' t see any problem. Will also be
delivered. With a larger salt shed, will be able to store more.
Mr. Hogan stated that some of the money for the salt shed may
have to go to cover the new court costs . Also, in discussion
tonight about court , didn' t talk about revenues . Mr . Meeker said
that is a problem with the State budget , don' t know how much will
be cut from CHIPS . . .now you say you may take salt shed money;
where do I start with my summer projects . . .say I have to wait?
Other places you can take the money other than the salt shed.
Mentioned to you a while ago. . .doing more salting each
year . . .what about the payroll for snow removal? Haven' t even
used half of that . Mr. Reitz said that according to the
bookkeeper can' t take the money from one account to another . Mr .
Meeker said still have 55 percent of payroll left for snow
removal from Town and 61 percent from County. . . won' t be using
that kind of money this year . Mr . Reitz said you were talking
about using your manpower to build the salt shed and if that ' s
the case, then yes , that money could be used for the payroll for
the men. Materials have to come from elsewhere.
9' V
• Town of Ulysses 5
Regular Board Meeting
April 9 , 1991
$4r. Hogan said he would like to say go ahead and build the salt
shed but if we don' t have the money. . .Mr . Meeker asked if he
should go along with the State contract for salt? Have to have �.
that in by end of April . If we put up a shed can cut my salt in
half . Mr . Hogan suggested that Mr. Meeker put together an
estimate of what materials will cost for the salt shed, and
perhaps there are other areas we can squeeze money out to buy a
portion of those materials . Perhaps can at least start it this
• year .
Board Members
Mr . Reitz said that windows are broken in the Jacksonville homes
owned by Mobil . He and Alex are working on it .
Mrs . Stover stated that 240 people used the recycling center.
Marian would like to meet with the Board regarding small
businesses .
Mr . Meeker said that the OSHA inspector stopped, had six
violations . In 1992 the fuel tanks at the Town Barns will have
to be inspected, this will be the last time . They are over 25
yrs . old and will need to come up with money for new tanks and
• removal of old ones . Also been in contact with the County about
dumping brush behind the Town Barns . Will submit a letter to TC
Highway Dept . and see .what happens .
Correspondence
• Mr. Hogan stated that he received the following correspondence:
list from Court re equipment; TC Area Development & seminar; NYS
Assembly/Mandates; Assemblyman Luster/bills passed; ACC; NYSEG; •
1991-92 Fiscal Overview from State; TC Youth Bureau; Annual
Report/Southern Tier.
Mr. Hogan entertained a motion, moved by Mr . Reitz , seconded by
Mr. Weatherby to adjourn to Executive Session on Saturday, April
13 at 8 : 00 AM. Unanimously approved.
Respectfully submitted,
Marsha L. Georgia
Town Clerk •
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• TOWN OF ULYSSES
CASH FLOW STATENENF
•
CHECKINO
T. Balance 02/2S/91 571 .. 32
• Receipts & Fransfers 96910. 50
Disbursements ;.14 Tronsfors 1iwSO4 . 72
• 2oionce 05/Z1/91
SUPER SAVINGS ACCOUNT
Salance 02/28/91
Receipts Is Trans-fers
Oisb:Jrnements • Transiers
Crtermst •
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•
Joint Village/Town Board Meeting
April 11 , 1991
•
The Joint Village of Trumansburg and Town of Ulysses Boards
met on Thursday. April 11 , 1991 in the Main Meeting Room, 56 E.
Main Street , Trumansburg, New York
Present : Village of Trumansburg: Mayor Thomas Bennett, Trustees :
Peter Meskill , Bill Griswold, John Rogers, Karl Zylich.
Town of Ulysses: Supervisor Bill Hogan, Councilnersons :
Tom Reitz , Carolyn Duddleston, Catherine Stover
;F I Citizens : David Weinstein, Representative for Environmental
.,,
Management- Council (EMC) , Roxanne Marino, Town of Ulysses
Representative to the EMC, Andy Scott , Ruth Scott , Alex Rachun,
•
Guy Krough, Attorney, Richard Thaler, Attorney, Glen & Lisa
Chase, Budd Stover, Bill Auble, Dave Auble, Susan Perkins, Steve
Proctor (Free Press) , Lu Poley, Mr. & Mrs. Christopher Gunn, Joel
•
Podkaminer, Kenneth Christianson, severol unknown citizens.
"' Recording Minutes : Sharon Housworth, Village of Trumansburg
Clerk. •
Mayor Bennett open the meeting at 7:30 PM.
Mayor Bennett introduced David Weinstein and Roxanne Marino
of the Environment Management Council (EMC) to give a •
presentation.
• David Weinstein presented a book to the Town Board and the
Village Board demonstrating the results of a project identifying
unique natural areas in Tompkins County. Mr. Weinstein also .
' passed out written materials to both boards which included a list .
of sites in the Town that are designated as unique natural areas •.
. (Hart ' s Woods, Frontenace Creek Glen, Smith' s Woods, LVRR Right-
of-way, Ulysses Limestone Quarry, Willow Creek Glen, Diatreme,
•• Taughannock Gorge, Glenwood Gorge and Maplewood Glen)
Mr. Weinstein stated he will present some general comments
as to what the survey is about . The inventory was an attempt to
identify all the sites in the county that have unique, natural
properties. The book compiles information on 184 sites in the •
county. There was an earlier study done in the 70' s that listed ' .
less than 100 sites; they have added 107 new sites, with a total
. of 184 sites in the county. Mr. Weinstein explained how the
survey can be used: help alert landowners to their valuable •
' environment resources, help developers avoid projects in
sensitive area, help communities with comprehensive planning for
habitat protection. The potential sites were identified from .
' former inventory, state parks and wetland which were already
identified by the state and field surveyors. Some of criteria
that was used to select unique sites were: rare or scarce plant
species, rare or scarce animal species, rare plant or animal
communities - old forest , bird nesting; The future outlook will
be an on-going process. It took two years, and they will adding
- more as time permits and information is made available.
Mr. Weinstein explained each book has a packet in the back
• which shows a map of the county designating all the unique areas.
• Each site is then broken down on a data form which show specific
information - location, types of vegetation, general site
description, rare or scarce species present, conservation
information and a summery of special features,
Bill Hogan asked what does protective ownership mean. Mr.
Weinstein explained that the State has designated or owns it , it
does not have anything to do with the individual.
. Tom Reitz asked if this could be used by planning boards and
SEAR. Mr. Weinstein stated it doesn' t afford ahy legal status,
it only provides information.
4•
Joint Village/Town Board Meeting
April 11 , 1991
It would be up to the town if they want to go through the process
of designating a site as a critical environmental stn. tun ; then It
• would be subject to 5EaR.
Roxanne commented that if there is a Type I ar,tion and a
SEOR has to be done, the survey could be used as a resource.
Mr. Weinstein asked if there were any further questions. No
further question asked, Mayor Bennett and board members thanked
Mr. Weinstein and Roxanne Marino for their presentation.
•
Mayor Bennett stated the joint village/town meeting would
continue regarding the Auble Annexation.
Dave Auble stated he had invited representatives of the law
firm to answer any questions. Dave introduced Guy Krough and •
Dick Thaler.
Dave continued that we are trying to go forward from the •
last meeting; start to create a sense of cooperative atmosphere
for the proposal of the development of Bill ' s (Bill Auble)
property he has petitioned to have annexed into the village and •
• develop as pert residential and part commercial .
• Dick Thaler stated we are trying to come to a peaceful
resolution of the problem rather than letting someone from the
outside take testimony after the 29th of April. There are two or
three aspect of the situation that both municipalities should
address and cooperatively resolve : ( 1) rather or not the
property in question should be taken or whether the municipality
put into the other (2) if the property is not moved from one
municipality to the other, whether or not an inter-municipal
agreement can be reached between the two municipality (3) two
municipalities working together since it is a parcel that lies in
the village and has a boundary as a county line (4) recognizing
that the development of the property for a tax base for reel
estate purposes and sales tax would impact the two
municipalities ;
Dick continued that the Town and Village of Lansing have
• entered into several municipal agreements to solve some of their
problem that they had with water;
Dick stated he would answer any questions; essentially the
questions are: does the property stay where it is; does it stay
part of the town; does it get annexed into the village ; if it
• gets annexed into the village what basis does it get annexed ; if -
it stays in the town, how do the utilities services become
available to it ; again it will take cooperation between the two
municipalities.
Tom Reitz asked Dick if he was suggesting a common water/
sewer district . Dick stated its not just a common water/sewer
district because one of the things you have to look at is the
road systems, sidewalks, the integration between these two
parcels; it may well be its not just water/sewer; you might went
to have interaction of road maintenance/sidewalks etc ; these are
the types of things that will require the cooperation between the
two municipalities.
Trustee Griswold asked the town members for their reactions
from the last meeting and also the village passed a resolution
setting some goals for our zoning; also if for some reason the
village did not annex the property and the project were to go
through, how the town would see that lend being used; just as it
was proposed or do you have a different vision of it .
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Joint Village/Town Board Meeting
April 11 , 1991
Mr. Hogan stated if the development stayed in the town, if
can' t go without sewer and water ; the town would enter into to :!
municipal agreement for sewer and water. Our initial resolution,
our six step resolution is that the development is in the .
public' s best interest ; we would go along with the development as
indicated.
Dick Thaler stated 48 acres would be in the commercial
zone ; it would be developed as the zoning is set now;
Tom Reitz answered Trustees Griswold' s question - the town' s ~
reaction from the last meeting: Tom stated he was encouraged
that the village is talking with the developer and the village' s
ideas, consideration and needs; and the developers needs; its a
starting point ; however, the village needs to recognize that if
the Article 78 is dropped, the developer can easily come back to
the town and ask for a commercial zone or a planned unit
development ; if it is granted the village will lose all control •
of what happens. _
Discussion continued as to the size of the development ; it
had been reduced down since the original petition was filed in
September; Mr. Hogan stated the development would be based on
• market demand. Mr. Thaler stated the use of the land is going to .
effect both municipalities; the two municipalities need to reach
an agreement whether the property it annexed or not ; utilities
. will have to be worked out so both entities benefit
The village stated they have not seen any changes or plans
different from the original plan that was submitted with the
• petition. Dave showed a map showing elderly housing and some •
commercial ; depending on market and approval .
Dick stated the developer is taking the input he received at
the public hearing; and do it in steps or phases to see what the
' needs are. The first phase would be the phase, for the sake of II •
argument, that you would do away with the annexation problem;
would go into a development cooperative situation between the two
municipalities; the developer would then have to come back if he ...
. wanted to go into step two and he would have to come to both
municipalities because the enlargement of the development would
require change in the municipal agreement, which both parties
would have to agree to; therefore you would have some interface
and have some say what you are willing to do and the town would
-
do the same. Again in forces the developer to come to both
municipalities in order to get what he wants. As he understands
•
it, that is what both municipalities want.
Trustee Griswold asked what happens it the land is not zoned
as the developer desires. Dick Thaler stated it would be a
problem; what you are getting to is a problem with any negotiated
thing between a municipality and developer; it happen all the
time; his understanding is that the town was satisfied that this
was in the public interest ; the village did not feel it was; if
there is a reversal of role, then there has to be recognition of
whatever terms you make, you have to set your criteria and that
will either be acceptable to the town and developer or not .
Trustee Griswold asked Dick if what he was saying is if the
village is willing to annex , it would be annex with conditions.
Dick answered it would be a way to start your negotiations
between to the two municipalities. Dick stated that the village •
has the ability to do it locally until the 29th.
Trustee Meskill stated the village passed a resolution to
• talk with the town representatives and developer to discuss this,
if the town felt we were moving along in a favorable fashion, the
lawsuit would be dropped.
•
Joint Village/Town Board Meeting •
April 11, 1991
The village also passed a resolution stating we would have our
entire zoning package in place by September 15th.
Toni Reitz stated the town would be meeting on Saturday and
he was sure this would be brought up. Listening to Dick Thaler
talk about inter-municipal agreement is a new concept . What
would happen if we went to some kind of agreement by which both
planning boards would meet jointly and make the decision what
possible will happen.
•
Trustee Griswold stated if the two boards are meeting and
based on the town' s resolution, it is not appropriate that we 1
keep getting adjournments as long as we are making good progress ;
get our planning boards together.
Discussion continued regarding how many more adjournments
would be allowed, no was too sure, but adjournments can' t go on.
Zoning was discussed by the village board, if they did not have
their zoning in place, the village had no protection.
Dave stated the developer would work with the town since they •
have their zoning if place.
Dick Thaler asked the village board if there was a problem
of leaving the property where it is which is subject to the
zoning, and work on a inter-municipal agreement for water/sewer
and all the utilities and putting in some criteria that the
village has; then pass the zoning ordinance which would then
give the direction for what you want for the rest of the land.
Trustee Meskill stated the village would be giving out what •
the developer wants most which is water/sewer and not having the
tax base for it . Dick said you wouldn' t be giving it away, you
would have an agreement ; you would have a joint voice in what
would happen. The one thing you would be giving up is the tax
base. •
• Dick Thaler stated both municipalities are going to be
effective ; whether it is in the village of town, you need to work
Jointly and have input from both municipalities. Dick continued
that the diagram (map) shows the road going through both
•
municipalities; who is going to maintain the road.
Trustee Griswold asked the town if their planning board had
reviewed the plans; the town stated it had not . Tom Reitz stated
the planning board is only advisory. Trustee Griswold stated to
the town that they expect the village to accept this when the
town has not presented the plans to their planning board for
their opinion. Bill Hogan stated if it is annexed, it is no
longer their land. Trustee Griswold stated maybe this ought to
be turned over to planning boards and set a time frame to come
back with their recommendations. •
Dick Thaler stated the town is in a state of quandary
because of the fact, if the annexation takes place, then their
input has to come from you (village) . The village has taken the
position, if the annexation does not take place, then its the
town problem. There hasn' t been a lot of decision made because
of the fact nobody knows what the answer is going to be - is it
going to be annexed or isn' t it going to annexed. Maybe the
solution would be, as it was suggested, a joint planning board
meeting or advisory or however the town makes their decision
concerning land use and the village does the same thing. Once
• that becomes finalized, then the two boards can say they have a
project that has been approved by both the planning and
village/town boards. Then you can decide if it will be annexed
or leave in the town and have inter-municipal agreement .
• 1r 1
• Joint Village/Town Board Meeting
April 11 , 1991
Trustee Griswold stated he thought it makes a lot of sense
to get the planning boards and town/village boards together.
Trustee Rogers wanted it clarified on how someone can force
annexation on the village. Discussion ensued as to if the village •
zoned the property to be annex all residential, would the town
want it annex . How would the judges annex the property; would
they decide the zoning question.
Dick Thaler stated the judges would decide the whole issue;
that why a decision should be made here, before it is taken from
the local people ;
Bill Hogan stated he goes along with Trustee Griswold
suggestion that both planning boards and maybe some help from the
county planning board.
It was discussed that both boards should meet individually •
and then meet jointly and set a time table.
The village board asked if the town is considering dropping
the suit . Tom Reitz stated what happen if the town drops the
suit and the village doesn' t continue on. Trustee Meskill stated
if that happens; he also talked to Marty Shapiro, if the village
doesn' t continue on, the developer can place another law suit,
• and the village will spent more money ; the decision would
probably be the same; then we would not have the opportunity to
have these meeting and it will go to court. What would the sense
be to have the village board prolong it. Trustee Meskill stated
he wants to put this together and compromise, if it doesn' t have
a negative impact on the village, specifically, the downtown
area. Trustee Griswold stated he if we can come to some kind of
understanding to work through this he will do his part to make
sure we meet the agreement we have; this is an important first
step.
Trustee Meskill stated the village has already made a •
commitment to do the zoning and are here in good faith.
Bill Hogan stated he would be glad to drop the suit ; he
wasn' t for it ;
Mayor Bennett opened the meeting to the floor:
Chris Gunn stated that Trustees Meskill and Griswold had
said earlier there would be no annexation until the zoning is •
place and now they have done a complete turn around.
Trustee Griswold stated this is part of the process, just
because we will have a meeting is May does not mean we are going
to annex the property ; it is not reasonable to sit here, in the
situation we are in, and not do anything until September 15th.
Trustee Griswold asked Chris Gunn what is his proposal .
Chris answered that the village proceed as you have committed
yourself to do, to get zoning in place.
Mayor Bennett asked if anyone else had any questions. Joel
Podkaminer stated he would like to applaud the village board for
their willingness to seek out the planning board and get their
zoning in place before making a decision. He asked the town
board if from what he heard, they voted for the annexation
without consulting the planning board. The town stated yes.
Bill Hogan stated they were looking at a concept ; they talked
with as many people as possible; here is what the developer
wanted to do with this particular area; they had to decide if it
was in the public' s best interest ; as far as specifics are
concerned, when the annexation took place; let the town planning
work with the village planning board.
•
ad •
Joint Village/Town Board Meeting
April 11, 1991
This is a just a concept at this point ; none of these indications
on the plans are concrete. •
Trustee Griswold stated going back to what Chris Gunn said
that he doesn' t want annexation to take place until the zoning is
in place, but feels this is a big step in the right direction. •
It was discussed that both planning boards would meet
separately with the developer and meet again among themselves and
v'' then meet jointly to discuss what theY have come up with. The
chairman from each planning board would meet with the Joint
village/town meeting on May 16th.
•
With no further questions from the public or boards, Mayor
Bennett presented a MOTION, seconded by Trustee Griswold to
adjourn to a joint meeting on May 16, 1991 at 7:30 PM at the
village office.
Unanimously approved.
Respectfully submitted,
s.
Sharon Housworth, Clerk
Village of Trumansburg
•
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M
ge
TOWN OF ULYSSES
ADJOURNED TOWN BOARD MEETING
April 13 , 1991
•
•
Present : William Hogan, Supervisor ; Thomas Reitz , Catherine • 1
Stover , Carolyn Duddleston, Robert Weatherby,
•
Councilpeople; Marsha Georgia, Town Clerk . •
Others Present : David Auble, Steve Proctor/Free Press .
•
Mr . Hogan called the Adjourned Town Board Meeting of the Town of
Ulysses to order at 10 : 00 AM.
;'. Mr . Hogan said one order of business is that we need a resolution
changing Townline Road to Buck Hill Road and contact the two
•
people on the road that are in the town and let them know the
name has been changed. Mrs . Georgia said those residents are in
•
• favor of a name change that is consistent in all three townships •
the town crosses . Mr . Hogan entertained a motion to officially
change the name of that portion of Townline Road located in the
•
Town of Ulysses , to Buck Hill Road North, in conformity with the
Towns of Hector and Enfield, moved by Mr. Reitz , seconded by Mrs .
Duddleston.
•
•
Mr. Hogan Aye •
Mr. Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Aye
Mr . Weatherby Aye
Adopted.
Mr. Reitz said that in February, the board agreed to discuss that
if the Village Board made some indication that they would talk
•
•
about the Auble Annexation question, we would consider taking
action about withdrawing the Article 78 . Then we further
confirmed that at the March meeting, to delay any action until
April 15 . Think our deadline is coming up, and should either
•
take action or get a sense from the board as to where they want
to go . Mr. Hogan asked if Mr. .Reitz wants to drop the Article •
78 . Mr. Reitz said some action should be taken; should discuss
if the Village Board is acting in good faith, if by dropping the
Article 78 , what will happen. Mrs . Duddleston said if we drop it •
• altogether, do they guarantee they will continue in good faith.
Mr . Hogan said that Pete Meskill. made the statement the other
night that if we drop the Article 78 and the Village does •
nothing, the developer comes back in and the process starts all
over . That is not the answer. . Mrs . Duddleston said it ' s nice to •
have the Article 78 there as leverage.
Mr . Reitz said Mrs . Duddleston asked what assurances we have that
the Village will continue. . . one thing I think is they are in a
position that they have to do something otherwise the developer
could come back with another proposal . Also, according to Mr.
Thaler ' s comments , if this goes to. the panel of judges , they
could come back with a possible Yes for annexation but also the
use of the land. Think it 's a strong argument to keep it locally
if possible. Mr . Hogan said he thinks Mr. Thaler made a good
strong plea for negotiations and agreements between the two
municipalities; for the need for the two to work together .
Mr . Reitz said he thinks it ' s clear for the developer to start
moving on this , the process that they would have to go through
would be similar in the future. . . for instance presenting Phase I
to the planning boards for consideration and input . If we drop
the Article 78 , the annexation proceedings are terminated, the
land stays in the town. At that point the developer could come
back to the town asking for a .commercial zone.
•
lr
Town of Ulysses 2
Adjourned Town Board Meeting
April 13, 1991
•
Mrs . Duddleston asked if we know at this point how much longer we
can keep the Article 78 on hold. Mr . Hogan said Mr . Thaler was
going to look into that . Mr. Auble said the real question is
•
what is the town' s goal and how can that best be achieved. Get
the impression that you are concerned with raising tax revenues,
creating jobs and creating services . What the Article 78 is
doing is forcing a faster solution of that revenue problem. Not
hearing any concern from the Village about that and maybe their
economic future is brighter than the Town 's .
Mr . Hogan said he thinks we have given the Village a strong
message that we feel development is a good idea, within reason.
We told them we wanted a good faith effort on their part to at •
least consider this , talk about it , talk to the developer, have
their planning board look at it . . . which they have agreed to do.
When Tom' s motion was made he said that if we felt the Village
was showing good faith, that we would consider dropping the
Article 78, so I think we should consider doing that now as a •
good faith gesture; and at the same time telling them that if
this thing comes up again, then we will have to go with an
Article 78 and we won' t drop it . . .will drop it this time because •
•
you are showing good faith, but if you don' t follow through with sc
•
good faith effort then we won' t be in a position to drop it the
next time.
Mrs . Duddleston asked what harm there would be in keeping it on •
hold as a good faith gesture . . .keeping it where it is and still
having it there as leverage. Mr. Reitz said it 's relationship as
• well as at some point the court will say you have to show up on a „•
• certain date, once you do that it 's out of our hands . We did say •
in February and later in other subsequent resolutions that if the
Village showed that indication that we would. . . did put together a
c. resolution and moved as follows :
WHEREAS, the Town of Ulysses on their initiation of the Article
78 proceedings on February 12 , 1991 against the Village of
Trumansburg regarding annexation of property owned by William
Auble, requested the Village to enter into discussions with the
•
petitioner and
• WHERE, the Town of Ulysses subsequently requested a delay in the
proceedings until April 15 to allow the Village of Trumansburg an
opportunity to review plans for the Auble property proposal and
WHEREAS, the Village of Trumansburg has agreed to meet and has • -
met on April 1 , 1991 and on April 11 , 1391 and discussed in "Good
Faith" with the developer and Town of Ulysses of their concerns
and needs of the community and,
• THEREFORE, BE IT RESOLVED, the Town of Ulysses by action of the •
•
Board does hereby withdraw the Article 78 proceedings against the
Village of Trumansburg regarding the petition of William Auble as
dated on or about September 15 , 1990 , and
BE IT FURTHER RESOLVED, the Article 78 proceedings of the Town of
Ulysses is terminated, the Village of Trumansburg is expected to -
continue to meet in an expeditious manner with the petitioners
and discuss the proposed request as outlined in the recent plans
submitted by the petitioner .
Mrs . Stover seconded the motion.
Mr . Auble said that you are making a statement there that if they
continue to meet in good faith. . . there ' s a lot of ' ifs ' and a lot
of good faith. They could easily go through the motions of
meeting and use up our time and yours . . . if you really want to
establish a source of revenue to solve your budget problems, this
is an easy out and can cause a delay with the Village. I don' t
see where you can say there has been total good faith effort in
these discussions, because the bulk of the discussion has been on
•
Town of Ulysses 3
Adjourned Town Board Meeting
• April 13 , 1991
drop the Article 78 as opposed to what kinds of things can be
done to make this go forward. Instead of solving the problem
they have been focusing on just their side of eliminating an
irritation to them. Haven' t seen an indication of total good
faith at this point . They have been forced to sit down with us
twice . . . they didn' t invite me to the meeting until the day of the
meeting . They aren' t really into this in the manner that the
Town indicated they should be. . . think there should be at least
another month of discussion before any kind of pressure is
'\ ® relieved here otherwise think just will be
relieved going through the ”
motion. We are looking at a possible two year delay before we
can do anything on this project just because they are saying they
need until September to get their zoning . in place.
Mr . Hogan said this thing has been going on for ten years , this •
is the first ray of hope . . .how do you foster cooperation. . . can
•
you get more cooperation suing them, or say drop the suit and
let ' s cooperate . If you don' t then we will have to do something
else .
Mr . Reitz said he would like to address what is considered good
•
faith. . . think we have seen a tremendous turn-around of the
Village Trustees , maybe not in the direction you [Auble] want to
see it happen.
• Mr . Auble said this resolution is to drop the Article 78 . . . think
you have spent a lot of time and money. . .Mrs . Duddleston asked
what we have to guarantee they will continue, once we drop the
Article 78 , that ' s it . Mr. Reitz said there are no guarantees .
• Mr. Auble asked if it wouldn' t be better to ask for a schedule of
meetings from them. Would like to see this kind of a motion, to •
table the one until the village comes back with their
indications . •
Mr . Reitz said how many meetings is it going to take. . . the
Planning Boards are coming back to the town and village boards on
May 16 with recommendations to their boards . . . that is firm.
Mr. Hogan asked where we are on this motion. . .Mr . Reitz said you •
can make friendly amendments to the resolution, you could table
the resolution for further consideration, you can pass or defeat
the resolution.
Mrs . Duddleston asked how we can pass a resolution that the
village will do something? Mr . Reitz said because to terminate
the Article _78 .proceedings . . .Mrs . Duddleston asked, how can you
give the village . an order in this resolution and know they will
do it? Mr . Hogan said maybe you can word it ' expected to
continue. . . ' . Mrs . Duddleston said .she would rather put the
Article 78 on hold until they do it ! Mr. Reitz said you want a •
written agreement from the village that they will *continue to
meet? Mrs . Duddleston said how else do we know they will . . . we
can ' t tell them they have to meet by passing a town resolution.
Mr . Reitz said he was assuming, ..that their previous resolutions
do say that . Mr . Reitz . read a communication from the village
dated March 11, 1991 . _ .
Mr. Hogan said if we initiated the Article 78 and Auble
intervened, it 's our Article 78 . and if we cancel it the whole
thing is cancelled. Mr . Reitz suggested Mr . Hogan contact the
town attorney and get her opinion.
Mrs . Duddleston moved. to table the. resolution. No second was
heard .
Mr . Hogan asked if there was any further discussion on the motion
still on the floor . Mr . Reitz asked for a roll call vote. Mr.
• •
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Town of Ulysses 4
Adjourned Town Board Meeting
April 13 , 1991
Weatherby asked what the vote was on and Mr . Hogan said it is on
the motion to Tom' s resolution to drop the Article 78 with the
hope that the village will continue in good faith to negotiate,
their planning board and village board, with the developer. Mr .
Weatherby said he was against the Article 78 from the start , but
since it did go through, the money has been spent , since we have
until April 29 , what is wrong with trying to get the village to
•
sure up their plans . . . as long as the Article 78 did a little bit
of what it was meant to do - force them to start meeting . . . what
could we do to make sure they will continue to do this?
Mrs . Stover asked Mrs . Georgia if she knew how much had been
expended so far . Last bill from the lawyer was over $500 . 00 .
Mr . Hogan said if you think you can get more cooperation from the
village by leaving the ARticle 78 in there, which is holding the
law suit over their heads , or if you think there would be more
• cooperation saying we told you where we stand, now you told us
you are going to talk to the developer and give this thing some
serious thought . . . so we will drop the Article 78 . Think the
Article 78 has done it 's job. Mr. Hogan asked if someone would
offer a friendly amendment to the fourth paragraph of the
resolution, moved by Mr . Reitz , seconded by Mr . Weatherby [as •
• already typed in the foregoing resolution] .
Roll Call Vote:
Mr. Weatherby Aye
Mrs . Duddleston Nay
Mrs . Stover Aye
Mr. Reitz Aye
•
Mr. Hogan Aye
Mr . Hogan said the Article 78 is officially dropped. •
•
Mr. Auble and the Board discussed the concept of an
• Intermunicipal Agreement . Mr . Hogan stated that another item to
be considered would be water/part of the agreement . What we want
• to do is do some research on an Intermunicipal Agreement before
our next meeting . . . get facts together. At our next joint meeting
with the village talk to them about this . Mr. Reitz said a good
idea that Mrs . Stover brought up earlier is in continuing on with
• this proposed development is a charge to our Planning Board with
what we are expecting them to review when Mr . Auble goes to them. •
Mr . Hogan said what he heard from a couple of village trustees is
that they want to know the percentage of what will be residential
and what will be commercial . . . that is the main issue. Mr . Auble
said the planning board issue is going to be more of what is
going to be the actual design and think that is premature because
we are really in a planning process . Mr . Hogan said that can be
explained to them when meeting . . . that this is very preliminary.
Mrs . Stover said that a planning board member was very concerned
that the town board lay down some kind of date that they meet and
come back to the joint boa.rds . . . this is a whole different concept
and they need a charge of what we want . Mr . Hogan suggested
putting together a charge for the planning board. Mr . Reitz
suggested wording it "the Charge is to review the concept plan
with David Auble of Auble' s property" . . .Mrs . Stover suggested
stating that there was an agreement between the town and village
boards for the planning boards to look at this and jointly
meet . . .Mr . Reitz said the minutes from the last Joint
Town/Village meeting should reflect this .
Mr . Hogan stated that he will write something up . . . that at a
joint meeting that certain things were agreed upon. Want them
[Town Planning Board] to look at the concept and give us their
opinion of the impact on the town; look at the request for the
.� '�" .. �. :'.r, ....•.;>�,1�' '�• 1, a...f i'..y. .t:. rtit:' f peF.'1 i r' '. _ ?' .1' I�.j('i.
4,
Town of Ulysses 5
Adjourned Town Board Meeting
April 13 , 1991
lj
following : a) should land be developed; b) percentage of •
residential vs commercial ; c) should land be annexed or not ; d)
explore elements of an intermunicipal agreement (should one be
• considered?) - consider water, sewer, roads , police.
Mr . Reitz stated that he thought there was a timetable of mid-
April on County Youth dollars . . .we delayed any action in December
on how the money would be spent . These are County dollars only, •
that we are eligible for . The Joint Youth Commission has some
recommendations , and would like the Town Board to consider
allowing the expenditures for $1,080 . for the DARE program,
$5 , 245 . for UYU, $3, 800 . to the library, and the summer jobs
program $1 , 000 . That totals $10 , 325 . 00 . These are just some
ideas we are asking the town to consider . . . the town has budgeted
something over $6,000 . Will be looking for matching funds and
other grant monies .
•
• Mr. Reitz asked for a motion to approve the concept and advise
the County Youth Board that this is the Town of Ulysses general
intent, moved by Mr . Hogan, seconded by Mrs . Duddleston.
Mr. Hogan asked for discussion. Mrs . Stover said she would like
to have explained the difference between the $6,000 . and $10,000 .
Mr. Reitz explained. . . the County says we have $10, 000 . eligible; •
of the $10,000 . , the Town says we will take $6, 144 . ; of the
difference between the two figures , individual groups have extra
grant monies that they get . . .we aren' t spending any more than we
have budgeted. Hearing no further discussion, Mr. Hogan asked •
•
for a vote. . .unanimously approved.
Mr. Hogan entertained a motion to adjourn, moved and seconded by
Mr . Weatherby. Unanimously approved the meeting adjourned at
• 11 :00 AM.
Respectfully submitted,
Marsha L . Georgia
• Town Clerk
pm
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lee
TOWN OF ULYSSES
EXECUTIVE SESSION
April 15, 1991 •
•
Present: Supervisor William P. Hogan; Councilpeople Thomas
Reitz, Catherine Stover, Carolyn Duddleston and Robert
Weatherby
Others Present: Christine Springer, Court Clerk and Judge Roger
Rector.
The Town Board met and Mrs . Duddleston moved, seconded by Mr.
Reitz to go into executive session to discuss personnel matters .
Unanimously approved.
The Village of Trumansburg has abolished their court system and
it will be turned over to the Town of Ulysses to handle.
Discussion took place in regards to the work load and cases.
The Board discussed this at length.
Mr. Hogan moved, seconded by Robert Weatherby the following;
-• RESOLVED, that the Town Board of the Town of Ulysses set the
salary for the Court Clerk, Christine Springer (a full time
position at 40 hours per week) at $17,680 per year. This
new pay structure be begin April 1, 1991.
FURTHER RESOLVED, that this position also include full
family health care benefits effective April 1, 1991 to be
paid by the Town of Ulysses .
FURTHER RESOLVED, the Town Board of the Town of Ulysses set
the salary of Justice Roger Rector at $8,850 per year to
become effective April 1, 1991 and which would also include
individual health care coverage paid by the Town of Ulysses.
Mr. Hogan aye
Mr. Reitz aye
Mrs. Stover aye
Mrs. Duddleston aye
Mr. Weatherby aye
Adopted.
I hereby certify that the foregoing resolution was adopted by the
Town Board of the Town of Ulysses at an Executive Session held
April 15, 1991.
Witness my hand and seal of said Town this Fifteenth Day of April
Nineteen Hundred and Ninety-one.
Marsha L. Georgia
Ulysses Town Clerk
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TOWN OF ULYSSES
PLANNING BOARD MEETING ,
• APRIL 221 1991 •
• 7 :30 P .M .
PRESENT : Chairman David Tyler ; Planning Board Members -
Rol and Reynolds , Budd Stover , Geraldine Keil ;
Gerald Perkins , Seville Reulein ; Secretary Rita Brown ;
Zoning/Building Insp .- Alex Rachun .
OTHERS PRESENT : Tom Reitz
Chairman , David Tyler , called the meeting to order at 7 :35 p .m .
Minutes of the April 8th Planning Board Meeting were handed out and
read . A correction was to be made in regards to the motion to approve .c
the proposed Site Plan Review and Approval . David Tyler voted "Aye" .
Geraldine Keil made the motion that the minutes be approved with the
correction ; seconded by Roland Reynolds . Motion approved by all .
Richard Garner had contacted Dave Tyler and indicated that he had some
• questions regarding the Site Plan Review but was unable to attend this
meeting . Mondays were not good for him . After general discussion it
was decided that Mondays and Tuesdays were the best nights for
everyone . The group will meet again next Monday , April 29 .
A new PUD was presented to the Planning Board by Alex Rachun regarding
Eugene Moore's Outboard Center to be located on Dubois Road at the old
Marion Property . •
The Planning Board received a letter from William Hogan regarding the
• Auble Annexation . It was decided at a joint meeting of the Town and
Village Boards on April 11 that their planning boards meet with the
developer to discuss the Auble Annexation question , review the request
and hold a meeting with both planning boards to discuss the project .
The joint meeting will be May 16th . •
Tom Reitz announced that the Tompkins County Planning Board is working
on a comprehensive Park and Ride proposal . There will be a request
coming forth to the Town Planning Board addressing the Park and Ride
locations and possible sites in the Town of Ulysses . •
Discussion was directed to the Moore PUD . Alex Rachun gave a little •
• history as to why this is before the Planning Board . Marion 's was a
lawn mower , chain saw repair and sales business . In 1974 a special •
permit was given to Marions to have this business . One of the •
stipulations in that permit was that when the Marions sold that
property it would revert back to a residential use . Alex explained
that the County Planning needs to be involved agency because it is on
• a county road . Other interested parties would be County Planning ,
Town of Ulysses , EOC , EMC , and the Town of Ithaca .
Some questions and concerns that came up that need to be addressed to
•• Mr . Moore are : a) What will be the use of the center area in the
building? b) Bring neighbors to comment , c) Bulk waste storage and
disposal ; d) 38 inaccurate representation of property line ; e) Water
disposal from testing tanks ; f ) unique natural area - Diatrene -
' critical environmental area ; g ) existing drainage in building ; h)
period of time on existing lease ; i ) location of outdoor parking of
•
boats ; and j ) why the drilled well questions .
It was decided that the Planning Board Committee would meet next week ,
Monday , April 29 at the location of this PULL on Dubois Rd . at 7 :00 pm .
Alex will present a list of our concerns to Eugene Moore .
David Tyler asked Tom Reitz how we , the Planning Board Committee ,
would get background/summary on the Auble Annexation proposal . Tom
Reitz volunteered to give us an overview on the Auble based on the
facts .
The meeting wan adjourned at 9 :20 p .m .
•
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• TOWN OF ULYSSES r,
PLANNING HOARD MEETING
APRIL 29 , 1991
7 :00 F .M .
PRESENT : Chairman David Tyler ; Planning Board Member:, -
Budd Stover , Geraldine Keil , Gerald Perkins , Seville
Reulein , Richard Garner ; Secretary Rita Brown ;
Zoning/building Insp .- Alex Rachun .
OTHERS PRESENT : Tom Reitz , William Hogan , William Auble , Eugene Moore •
and wife , Elvin West .
e .
The Planning Board Committee met at 7 :00 p .m , at the Eugene Moore RUD
site on Dubois Road . The Committee walked the boundaries and
investigated the proximity of the unique natural area - the Diatrene .
The Planning Board Committee then resumed the meeting at 7 :50 p .m . at
the Town Hall . Tom Reitz presented the Committee with a history of
the Auble property . William Auble presented the Committee with a map
of the property . The section outlined in red , is the section to be
rezoned commercial .
In 1980 , Auble requested to the. Town of Ulysses to rezone the 38 acres
to Commercial ; it was denied . In 1981 , there was a petition submitted
to annex the property , 38 .5 acres , to the Village . On January 25 ,
1982 , there was a public hearing held on that request . On April 13 ,
1982 , the Town denied that request for the following reasons : "lack
of details , concern for commercial next to gas and propane tanks ,
concerns from opposition of those most effected and trailer park
incompletion . " The Committee asked for the results of the survey
which was sent out to all residents in the Town of Ulysses in 1982 .
360 responses were returned . The question presented was " I am in
favor of annexation to the Village . " " I am not in favor of
annexation . " Results : 191 (81 village) in favor of annexation ; 153
(66 village) not in favor . The second question on the survey was " I
am in favor of unrestricted use of this area . " " I am in favor of
restricted use of this area and I am not in favor of using this area
for commercial development . " Results : 211 (51 village) in favor of
unrestricted and (35 village) for restricted use ; 128 (58 village) not
in favor for any commercial development . "
June 22 , 1988 another proposal was submitted to annex the property .
The purpose of the annex is to join the 38 .5 acres to the adjoining
• parcel situated in the Village of Trumansburg consisting of 13 .8
acres , making it all a parcel of 52 .04 acres . " It is proposed that
once annexation is complete that the entire 52 .04 acreas will be
developed as a EUD which will consist of retail establishments , light
commercial , office buildings , community buildings , multi-dwelling
units , and single family homes . " On August 22 , 1988 a public hearing
was held . On November 21 , 1988 the Village and Town met . Each of the
Boards denied the annexation by a 3-2 vote . On July 6 , 1989 the Town
received a letter from Thaler and Thaler indicating the continued
interest for the development . On August 2 , 1989 Willian. Auble met
with the Town Planning Board to discuss the possibilities for a
business district . Nothing transpired until September 13 , when a new
petition was submitted to annex the property and to establish the PUD .
The public hearing was held on October 26 , 1990 . On December 10 , 1990
the village denied the request for annexation . A short time after
that (around the 15th) revised plans were submitted to the Town . The
revised plan included : 1 ) retail /commercial sales ; 2) light industry ;
3) office buildings ; 4) community buildings , and 5) all single family
residences (no multi-family dwellings) .
With the basic plan and further discussions with the developer and the
property owners and the attorneys , the Town Board did approve on
• January 8 , 1991 the annexation request . It has now been turned over
to both Planning Boards of the Village and the Town to make
recommendations on land use .
Alex Rachun indicated he had received some correspondence from the
health department regarding the Pleasant Grove Associates . The
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reso ontae was that the Health Department was an involved agency because
•
they need to issue sewage permit plan approval and water system plan
approval . NYS Environmental Conservation is also an involved agency .
They hive scheduled A meeting with Mr . Gulledge for May 1 to begin to
•_lather this information .
Ale:' also announced that another POD request will be submitted to the
Town Board at the next meeting regarding a piece of property that is
adjacent to the State Park and across the street from Taughannock
Falls and they want to put in a log home manufactory office .
•
• The committee then went back to the Moore POD proposal . It was
decided to asl:: County Planning to rnmment on the unique natural area
( the Diatrene) as we don ' t have enough information on that . One
concern is the location of the property line near the house . The
committee recommends they may consult with the owners of the house
regarding straightening out the property line between the house and •
the shop . The center part of the building will be used for boat
storage . The neighbor to the shop , Elvin West , was present . He had
no problem with the business being next to him . Mr . Moore explained
that the oil is skimmed off the test tank and put in a storage tank .
A truck comes and pumps the oil tank and the oil is hauled away every
couple of years . The test tank itself is never drained . Concern was
expressed about the drainage in the building . Mr . Moore indicated he •
didn ' t need any drains , he would just seal off the existing drains .
There will be no fuel , or pumps on property . It was noted that the
• tank on the property near the house has been removed . Mr . Moore may •
• add a bathroom later , he will have to have a septic system at that
• point . Mr . Moore's lease runs out August 1st in the city . David
Tyler asked about the number of boats to be stored outside . Mr . Moore
explained that there wopuld be 6-10 boats waiting for repair . He
would get them out of there fast - normally within a week 's Lime
•
period . A fence will be put up on the north side as a buffer . Mr . 1
Moore will be drilling a well because right now the water comes from
the house . He wants his own water . Flans to put in a septic system
later . Alex Rachun recommended including the Health Department as an
involved agency .
Concern was expressed about the noise level . Mr . Moore explained that •
the inboard motors are quieter than a car . Outboards are noisier , but
he will be working on them inside the building . Mr . Moore indicated
he had no intentions to expand with more buildings . He explained his
father started the business in 1974 . Eugene Moore took the business
over in 1988 . He wants to keep it a small business .
David Tyler would like an amendment to be made regarding the
• boundaries . Alex Rachun recommends we tentatively put in the new
property lines so we can no ahead and present this to the appropriate
agencies .
Mr . Moore was questioned regarding lighting . He intends to have low
profile flood lights directly over the building on the north and south
sides . The only sign will be on the front of the building . It will
he a 3' x 5' plastic faced sign . The outside storage will be boats .
There will be one storage tank inside for the oils . There will be
minimal garbage . • David Tyler recommended that Mr . Moore speak with
the neighbors across the street before the public hearing . The only
construction he plans to do is paint it up and add gutters . Major
work to be done inside . Ten pine trees are to be planted on south
side boundary line . It was suggested that maybe a fence or shrubs be
placed between the parking area and the south boundary to help form a
buffer for neighbors across the street .
it was recommended to change the first sentence of Moore's proposal to
read : "Small marine engine repair shop for Outboard Motors and Boat
Storage . . . "
Our next meeting will be Tuesday , May 7 , 1991 at 7 :30 p .m . The agenda
will be to go through the SEOR form for the Moore PIM , Site Flan
Review , and the Auble Annexation . The meeting was adjourned at 9 :45
p .m .
•
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TOWN OF ULYSSES
ZONING BOARD OF APPEALS
MAY 6, 1991
PRESENT. Chairman Gail Zabawsky; Board Members Ken
Christianson , James Hickey , Carl Mann and
George Tselelcisl Zoning Officer Alex Rachun ;
Secretary Rita Brown .
OTHERS PRESENT :
Chairman Gail Zabawsky called the meeting to order at 7:30
p .m. The first hearing is James DelSignore for property
located at 1379 Taughannock Blvd . Mr . DelSignore purchased
the property prior to 1977 so he is required to have 150
feet of frontage , which is lake frontage in his case . His
property is not that . He is currently wanting to build a
house on his property .
Mark Bristol was attended this meeting to represent Mr.
•
DelSignore . He explained that there is currently a cottage
on the property which has been there from the 1930's or
early 40's . He would like to take that cottage down and put
up a new structure approximately the same size and same use . •
•
• The existing cottage is approximately 800-1000 square feet . •
The new structure will be approximately 1200 square feet .
The septic has been approved by the County Health
Department . Alex Rachun stated that concern was raised by
some of the neighbors that did call on this project . One of
the major concerns was drainage . Thomas Parziale , neighbor
to the north of this property, was there to comment on this . •
"Once it hits the cliff the property goes on an angle to the
lake , so if the drainage from this house comes straight off
• ® of where it is now it is likely to go down my bank onto my
property down at the lake." He would like to see the
drainage pass directly over the DelSignore's property which
is 30-40' over from where the house is being built . There
is no existing drainage now . "But now, depending on how you
grade the land , you could put a lot of water on both
neighbors property . The bank is so steep there that all the
stones erode." Gail Zabawsky asked if there were any
• proposals in the drawings to take care of the drainage off •
• of the building itself . Mr. Bristol indicated that there
•
• were "not any specifically but they could tailor it to make
the neighbors to happy . " Alex Rachun indicated that he had
• questioned the architect on the project and he said that
there was a designation for footer drains per say and that
it wouldn 't be of concern .
• Mr. Hickey moved the following :
WHEREAS : the variation involved in this particular
project is not substantial in relation to the
requirement especially in view of the fact •
that it is a lake property and in view of the
fact that there is an existing residence
there in any event .
WHEREAS: there would be no increased population as
result of this proposed project .
WHEREAS : there would not be any significant change in
the character of the neighborhood as result
of this project .
WHEREAS : there is no apparent alternative means of
obviating this particular difficulty which
surrounds the desire to build a new and
improved home other than the project that is
sought by the variance .
BE IT RESOLVED : that the Town of Ulysses Zoning Board
:l � ! r =1 .� '•.n. ev\,. .!�'.'l. �l. ;r ' .i: 1r . 0 M1 °�•: .4' ". ..fir 'q:., ,
of Appeals grant approval specifically
contingent upon statement from the architec-
tural firm employed by the applicant certify-
ing that there will not be a problem relative
to drainage seeping off onto adjacent
properties and drainage will be confined to
the subject property alone . To the best of •
• their professional opinion such certification
be presented to the Zoning Officer. It being
made clear that the drainage that we refer to
is the drainage from the placement and
development of the project .
Motion seconded by Mr . Christianson .
Ms . Zabawsky called for a vote as follows :
Mr. Christianson aye
Mr . Mann aye
Mr. Tselekis aye
Mr . Hickey aye
Ms. Zabawsky aye
Variance approved as the motion was stated .
• At 7 :48 p .m. the Board began the second hearing for the
night with Edward and Marlene Wolf , of 1691 Taughannock
• Blvd . , requesting a variance which was denied based on
Article V Section 1 in that a principal dwelling must be 50 •
feet from a highway right of way and this new dwelling is •
proposed to be 40 feet from the right of way. Mr . Wolf
explained that the house will sit on part of the existing
foundation . They are not replacing it with a larger house
but it will sit closer to the right of way than the existing
house. No neighbors were present but neighbors had called
• Alex Rachun in support of this proposal .
Mr . Hickey moved the following :
•
WHEREAS: the variation requested is deemed insub-
stantial in view of the fact that it is no
greater than the existing variation and that
the replacement would not further vary from
the requirement than the existing building .
WHEREAS: there will be not increased population as
result of this project .
WHEREAS: there will be no substantial change to the
character of the neighborhood as result of
the project and no detriment to adjoining
properties.
WHEREAS: there is no alternative method for achieving
this particular object which is the building
of a new structure to upgrade the property
other than the project for which the variance
is required .
BE IT RESOLVED : noting that nobody has spoken in
opposition the Town of Ulysses Zoning Board
of Appeals grants approval of this variance.
Motion seconded by Mr. Christianson .
Ms . Zabawsky called for a vote as follows :
Mr . Christianson aye
Mr. Mann aye
Mr . Tselekis aye
Mr. Hickey aye
Ms . Zabawsky aye
1 '
4 .
•
Variance granted .
1• At 7 :52 p .m. the committee began the hearing for James
Zifchock property on 1691 Trumansburg Road . This
application to build a commercial structure and operating a
retail business was denied based on Article V Section 1 .d ••
which says a commercial property purchased prior to August
1977 must have 43 ,560 square feet of usable space for non
' residential use . •
•
Mr. Zifchock explained that he had a business associate that
would like to operate a used auto sales which requires a
small structure . There is only 14 ,000 square feet in this
lot . The size of the structure would be 20'x30' (5% of the •
lot) . There is nothing on the property now and is located
south of the County Home , almost acroe from Mery Hammond .
Kenneth McMillen , 1694 Trumansburg Road - opposite the
location in question is strongly opposed to this. Mr.
McMillen felt that this is a rural section , there is more of
a commercial section up further near the Perry City Rd .
area . His major concern was too much traffic ; Hammond 's
• expanded and his business has generated much more traffic to
• the area.
• Julie Hovencamp of 1690 Trumansburg Road is also opposed to
it . They do not want increased traffic . Don and Karen 7
are in the process of purchasing the Argetsinger property at
1685 Trumansburg Rd . Their concern was if Mr . Zifchock was
planning to remove the trees that separates their
properties . He doesn't plan to take all of them down .
IIIMr. Hickey asked how much of an inventory they planned to
keep there. Mr. Zifchock indicated between ten and fifteen
cars . Mr . Hickey asked if it would be similar in scope to
Automotive Designs . Mr. Zifchock said no , his business
would be strictly sales, no service . •
Alex Rachun explained that he has a lot that requires a one
acre lot to carry on this business . This parcel of land
must be one acre to enable it to be a legal conforming lot
• for this business district . If no variance is granted , it
cannot be used commercially.
•
Mr. Zifchock indicated that he would maintain ownership of
the lot and it was a business associate who wants to run the
business . Mr . Mann commented that in the five questions
that the Board must consider in granting or not granting a
variance that question 1 . "How substantial the variation is
in relation to the requirement ." seems to be the main one.
"But if we're talking 14 ,000 square feet in a lot versus the
required 44 ,000 square feet , it would be difficult to say •
how that is not a substantial variance . "
Mr . Hickey asked if Mr . Zifchock would be able to purchase
more land north of his property to enable him to make it a
conforming lot .
It was suggested to Mr. Zifchock that he come back to the
Board with some other alternatives that might not pose these
problems . Mr . Mann made a motion that we table this at this
time until the next meeting , June 3rd at 7 :30 p .m. The
motion was seconded by George Tselekis .
Ms Zabawsky called for a vote as follows :
Mr. Christianson aye
Mr . Mann aye
Mr. Tselekis aye
Mr. Hickey aye
Ms. Zabawsky aye
it
Motion approved .
Mr. Hickey moved that the minutes of the April 1 , 1991
meeting be approved . Mr . Tselekis seconded .
Mr . Christianson aye
Mr . Mann abstained
Mr. Tselekis aye
Mr. Hickey aye
Ms. Zabawsky aye
Hearing no further business , Ms . Zabawsky moved to adjourn
the meeting , seconded by Mr. Tselekis . Meeting adjourned at
8 :30 p .m . •
1
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TOWN OF ULYSSES
PLANNING BOARD MEETING
MAY 7 , 1991
7 :30 P.M .
PRESENT : Chairman David Tyler ; Planning Board Members - •
• % Budd Stover , Geraldine Keil , Gerald Perkins , Seville
4. Reulein , Richard Garner ; Secretary Rita Brown ;
Zoning/Building Insp .- Alex Rachun .
OTHERS PRESENT: Mr & Mrs . Eugene Moor ? , Dave Auble , Mr . & Mrs .
Andrew Scott .
The meeting was called to order at 7:40 p .m. The minutes of the April .
22 and April 29 meetings were read. Budd Stover made the motion that .
the minutes of April 22 be approved; seconded by Seville Reulein ; all •
approved . Corrections to be made to the minutes of April 29 meeting
are as follows: 1 ) the first sentence of Moore's proposal to read,
"Small marine engine repair shop , franchised for sales of marine
' motors, parts and accessories. ” 2) fourth paragraph from the end in •
regards to the boundaries in the Moore proposal - change to read "The
Board recommends an adjustment in the boundaries. " Gerald Perkins
made the motion to approve the minutes of April 2? with the above
mentioned corrections; seconded by Geraldine Keil . All approved. .
The Planning Board Committee then worked through the SEAR application
•
for the Moore proposal . The Board will make an addendum to County
Planning regarding the Diatrene . Special note was made on #20
regarding the abandoned cars and drums. Note to read: "Downhill part
of property has been utilized as depository of abandoned automobiles , ,
empty drums, and miscellaneous discarded items. " When looking at the
• dimensions of the property, it was discovered that the lot next to
this parcel that has the house on it is a non-conforming lot as it
doesn' t have enough frontage . David Tyler asked Alex Rachun to write •
a letter to Attorney David Gersh with a copy to Attorney John Albanese
who represents Elvin West , addressing this problem. After completely
reviewing the SEAR form, the Committee felt this was a negative
declaration . Rita Brown will re-type this SEAR form and get it back
• to Alex so that he could get it to County Planning by Friday.
Since Roland Reynolds was absent from the meeting, it was decided to
hold off discussion on Site Plan until the next meeting.
It was decided that the Village and Town Planning Boards will meet
Monday, May 13th to discuss the Auble proposal Jointly to make our
recommendations to the Town Boards for their Joint meeting, Thursday,
, May 16th .
•
. At 9130 p .m. the meeting was turned over to discussion on the Auble .
proposal . Dave Tyler gave input from the Master Plan Committee . One •
motion was that the decision on the proposed Auble development be
deferred until the Master Plan is in place (about one year) . Another
motion put forth was that the Auble parcel be designated for
residential exclusively - mixed views .
Discussion was aimed at the four questions asked by the Board.
1 ) Should the land be developed.
After much discussion it was felt that this land will inevitably
be developed. The question is how and when .
2) Percentage of residential vs. commercial ?
Richard Garner expressed concern that the Town already has
commercial land which is undeveloped, i .e . , land across from
Shur-Save , business district down Route 96 where Stover's Lumber
yard is, Halseyville area now pretty much commercial . " Should we
keep our commercial areas closer together or do you think we
should spread them out?" Seville Reulein asked what the situa-
tion was with water in the Village . Andy Scott felt that if they
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annex , Auble will get water and sewer : if they don' t annex , he
felt they would still be able to get water as there is a water
main running within 500 ft . of the site .
• Dave Auble commented that as far as economics to the Village , " as
• commercial is developed on the site , it would be an even greater
tax revenue with a more modest cost to the community than
residential would be . . . . " "Residential costs more to maintain
and provide services for because it Increases the load on the
school system and you have higher usage of water and sewer . "
Getting back to the question of residential vs. commercial ,
• the consensus of the committee felt it should be a mixture of
residential and commercial , but no percentage could be put on
it at this point without having more input from the public .
3) Should land be annexed or not?
Annexation resolves the intermunicipal agreements. If annexed
it would be under one jurisdiction . Taxes are the way to spread
the cost .
Scott indicated that the Village Planning Board is working on
their master plan and that they were proposing that there be some
commercial near Lamoreaux and Quinn on Rt . 96. With both the
Village and Town Planning Boards working on master plans, even
though they are not done , they should be considered.
4) Should an intermunicipal agreement be considered? What would be
included?
David Tyler felt that intermunicipal agreements may be necessary
• but should be used only as a last resort as they can be very
difficulty to work out . Municipalities would need to decide
• who would govern what .
The meeting was adjourned at 10 :20 p .m.
•
TOWN OF ULYSSES
PLANE
I'. .
TOWN OF ULYSSES
REGULAR TOWN BOARD MEETING
May 14 , 1991
Present : William Hogan, Supervisor; Thomas Reitz , Catherine
Stover , Carolyn Duddleston, Robert Weatherby ,
Councilpeople; James Meeker , Highway Superintendent .
Others Present : Alex Rachun, Bldg/Zoning; David Auble, Beach
Stover , Mr . & Mrs . Gunn, Antonia Demas , Barbara & Christian
Boissonnas , Carl Mann, Marty Murtaugh.
Mr . Hogan, Supervisor , called the meeting of the Town Board to
order at 8 : 00PM and led those in attendance in the Pledge of
Allegiance to the Flag of the United States of America .
•
Mr . Hogan entertained a motion, moved by Mrs . Duddleston,
seconded by Mr . Reitz to approve minutes of the Regular Town
Board Meeting of April 9, 1991, Adjourned Board Meeting April 2 ,
1991 , Adjourned Board Meeting of April 13 , 1991 . Unanimously
approved.
Report : Trumansburq Fire Department
Absent
Report : Representative James Mason
Absent
Claims
Mr. Hogan entertained a motion to approve Claims #145-186 •
(holding out #165) in the amount of $19, 638 . 81, moved by Mr .
Reitz , seconded by Mr. Weatherby . Unanimously approved.
Mrs . Duddleston moved, seconded by Mr . Reitz to adjourn to an
Executive Session to discuss voucher #165 . Unanimously approved.
Supervisor ' s Financial Report
Not available .
Hearing of Delegations and Individuals
Mrs . Demas , Cayuga Street , voiced her concern over the
appointment to the Planning Board of Mr . Perkins . Asked the
Board why they chose Mr . Perkins when there were five who
applied, and one who is a professional planner. Mr . Perkins is
on the Village Planning Board as well . Would like to hear from
the Board why and how that decision was made, what process you
went through in appointing him.
Mr . Hogan said that all the candidates were interviewed, reviewed
their qualifications and availability, etc. At the last Regular
Town Board meeting had a brief discussion regarding the
candidates , a motion was made to appoint Mr. Perkins , seconded
and voted upon.
Mrs . Demas asked what it was based on, why people felt Mr.
Perkins was more qualified than the other candidates . . . those who
voted for him.
Mrs . Duddleston said he had experience, coming from another
planning board. . .Mrs . Demas said you don' t see that as a
conflict? Mrs'. Duddleston said No . Mrs . Demas continued along
the same line of questioning regarding Mr . Perkins
qualifications. Expressed her concerns with paid, elected
officials putting people on boards when she feels there is a
conflict of interest . Requested copies of letters that all
candidates submitted.
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• .. ..: . . . - ., a . . ., . ... .. . ,. .,. . , .. . ': ' � . .
Town of Ulysses
Regular Board Meeting
5/14/91
Mr . Reitz reiterated Mrs . Duddleston 's comments . Ulysses 's
Planning Board is dealing with several PUD' s in other areas of
the Town rather than just one project alone.
Mr . Gunn said that much of the attention of the community is
focused on that one project . I was a candidate for the Planning
Board and didn ' t expect to be chosen because I am a vocal
opponent of the project . By the same token, Jerry Perkins has
always been a vocal proponent of the project . . . and would think
4
that the same logic would apply . Given the sensitivity of the
project I would think Mr . Perkins and I would have been the last
ones considered for the Planning Board .
•
David Auble stated that he felt that these people were totally
off-base with their accusations , totally fabricated and totally
out of place . From my observations Jerry Perkins has been
totally neutral on these Boards ; has the interest of the
community in mind. . . in my observation, with some of you folks ,
hasn ' t been the case .
Mr . Hogan called for order and stated that if these folks wanted
to debate the Auble project , should choose another forum. Asked
if there were other comments about Mr . Perkins ' appointment .
Mrs . Demas asked if Mr . Perkins applied on his own or was asked.
No one on the Board had any knowledge of Mr . Perkins being asked
to apply for the position.
;t Mr. Hogan asked if there were other delegations or individuals to
be heard .
Don Christian said he had a proposal to purchase four acres from
Jim Scott to use as a building site for handcrafted log homes .
Have logs delivered, build the homes and they are purchased and
removed to other areas . Not a high volume project . . . about four
or five a year . Understands that he has to have zoning changed
from residential/agricultural to a PUD. Presented pictures , map,
etc. to the Board. Mr . Rachun has indicated that the proposal is ;•
complete, and is now asking for approval . Mr. Hogan accepted the
proposal . . .Mr. Rachun said only thing missing is a survey map
because of the contingency on the property. Clear cut amount of
land that will be abstracted out . Set back is designated. Part
one of SEQR has been done . No structures except for the home
being built , which will be removed upon. completion. Access is
from Park Road. Will employ three to four people. No
electricity , will use generators .
Jim Spear, Taughannock Blvd. addressed the Board. Stated he was
present to hear Mr . Reitz ' s proposal because he lives on RT 89
and is concerned about truck traffic when construction on the K'P
96 bridges is taking place . Will be increased traffic on any
roads when the detour takes effect . Real issue on my mind are
the people who are unfamiliar to the area and trucks being the
major concern. . . if there are going to be that many heavy trucks
don' t think Jacksonville Road would be acceptable either . . . other •
alternative is to use other major roads . Mr . Hogan said this has
been discussed to some degree. Our highway superintendent , Jim
Meeker is concerned about heavy trucks on back roads and ruining
them and the Town having a big repair bill . Trying to have those
heavy trucks routed onto a State highway that can handle that
type of traffic . Asked if we had made a recommendation to DOT?
Mr . Meeker said not yet . Mr . Reitz said that is what his
resolution deals with.
Mr. Spear read a letter from Ted Sheeny who opposes using RT 89
as a detour .
OLD BUSINESS
1 I
Town of Ulysses 3
Regular Board Meeting
5/14/91
Spruce Row Campsite
Mr . Reitz indicated that he had submitted a memo to the Town r1 '
Board stating that the map maker had difficulties getting the
initial maps . Had 1988 maps from the County fly-over , and then
. H get a zoned aerial fly-over of the specific location .
RT 96 Lighting
Mr . Meeker said he hadn' t heard from DOT, other than they don' t
feel lighting will help . They do have a new man. . . State DOT is
out of Cortland now . . .he came and looked the situation over and
said he would review correspondence . . . thought possibly there
might be a chance of putting turn lanes in that area. Mr . Hogan .
offered to write a letter to Mr . Richard Bachelor, Cortland DOT.
Water Study
Mr . Hogan stated he had talked with Jim Seafuse and he will try
to get together with Jeanne Henderson and Gail Zabasky . A woman
who lives in Jacksonville just had surgery for a brain tumor and
she knows two other people in that area who had brain
• cancer. . . she is very concerned about the water situation and
wondered what happened with the water survey. Mrs . Stover said
that the Master Plan Committee was to receive a report from the -
Water Committee at their meeting tomorrow night.
Auble Annexation
••� Both the joint Village and Town Planning Boards met April 13th C
and are preparing their statements for the May 16th Joint
Town/Village Meeting . Mr . Reitz said we need to recognize, that
depending upon what the Planning Boards recommend, where do we go
from here? Will we discuss further this intermunicipal agreement
concept . . . think at some point need to get a sense from the .
' Trustees what they are willing to consider . Mr. Hogan said they
don' t have all their zoning ordinances in place yet and won ' t
until September, that certainly is a consideration. Mr. Reitz
wondered if the Village has been so delayed with their zoning
regulations that part of this consideration will be the PUD
section of the zoning regulations , perhaps we should ask them to
give attention to that regulation instead of an overall
regulation acceptance before they do anything. Mr. Rachun said
"' they [Village] seem to be incorporating their new zoning
ordinance article by article; think their agenda is to deal with
the PUD rather than get the whole zoning in place . .
Mr. Reitz suggested the Town Board explore the intermunicipal
agreement concept . . . already have intermunicipal agreements at
present, for example Alpha House water . .
NEW BUSINESS
• Taughannock Garden Club
Mr . Hogan said there was a request by the Garden Club to do
1 plantings by the welcome signs located at Smith Woods . Mrs .
Georgia said that the Garden Club had received permission to
. plant flowers by the other two welcome signs . . .Mrs . Duddleston
stated that the welcome sign by Smith Woods is on Duddleston
property and they should be contacted. Mrs . Georgia will notify
• the Garden Club to contact Duddleston regarding this request .
Mr . Reitz said he has a resolution regarding RT 96 and moved the
following for the Board' s consideration :
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• 0 10
Town of Ulysses 4
Regular Board Meeting
5/14/91
WHEREAS , the New York State Dept . of Transportation (DOT) has •
•
submitted a proposal to replace the Route 96 Bridges over
Taughannock Creek and Jenny Creek in the Town of Ulysses and
WHEREAS, each bridge in the proposal is in a serious
deteriorating condition and does need replacement , and
WHEREAS, each bridge has Alternative proposals , and
WHEREAS, the DOT has in their proposal outlines Detour routes •
with alternatives to avoid the construction area, and
WHEREAS , the primary detour route suggested by DOT would bypass
some of our businesses in the town creating economic difficulty
and force all traffic through our residential areas , and
THEREFORE BE IT RESOLVED, the Ulysses Town Board supports the
following recommendations : •
1 . For the bridge over Taughannock Creek, Alternative #2 be
selected as this will improve the overall road conditions for a
longer period of time .
2 . If Alternative #2 is selected for the Taughannock Creek
bridge replacement , the detour route with alternative #1 (Route
• 96, Park Rd . , Jacksonville Rd. ) be selected as long as possible
with consideration of the construction activity on site .
• 3 . For the bridge over Jenny Creek, Alternative #2 be selected
and where possible take extra considerations to preserve the
trees and plants especially North and East of the Agar Rd.
4 . Install a traffic controlled signal light at the Route 96 and
Jacksonville Rd. intersection.
5 . All northbound Route 96 large truck traffic `.•e diverted to
Route 89 at the "Octopus" bridge and suggest through traffic
reentry to Route 96 north of the Village of Trumansburg and vice -
versa for southbound traffic.
6 . The roads used for the detour be restored to before
construction conditions or better, after the project is complete.
• 7 . Establish a uniform Speed limit ( 40MPH) and assist in the
speed limit enforcement on the detour route.
8 . Minimize all possible damage to the bed of Taughannock Creek
since both upstream and downstream are popular swimming and
fishing areas .
9 . Allow sign-boards posted at the detour warnings advising of
businesses on Route 96 between Jacksonville Rd. and Cemetery Rd.
The Board discussed items #1-#9 . Mrs . Boissonnas asked why some
of the detoured traffic couldn' t be routed down Cold Springs
Road.
After continued discussion, changes were made and no second was
offered on the original resolution.
Mr. Weatherby moved, seconded by Mrs . Duddleston the amended
resolution as follows :
WHEREAS, the New York State Dept . of Transportation (D.O.T) has
submitted a proposal to replace the Route 96 Bridges over •
• Taughannock Creek and Jenny Creek in the Town of Ulysses and
WHEREAS, each bridge in the proposal is in a serious
deteriorating condition and does need replacement , and
WHEREAS, each bridge has Alternative proposals , and
WHEREAS, the primary detour route suggested by D.O.T. would
• bypass some of our businesses in the town creating economic
difficulty and force all traffic through our residential areas ,
THEREFORE BE IT RESOLVED, the Ulysses Town Board supports the
following recommendations ;
1 . For the bridge over Taughannock Creek, Alternative #1 be
selected. .
2 . If Alternative #2 is selected for Taughannock Creek bridge
replacement , the detour route with Alternative #1 (Route 96,
Taughannock Park Rd. , Jacksonville Rd. ) be selected as long as
possible with consideration of the construction activity on site .
3 . For the bridge over Jenny Creek, Alternative #1 be selected
and where possible take extra consideration to preserve the trees
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Town of Ulysses 5
. Regular Board Meeting
5/14/ 91.
and plants especially North and East of the Agar Rd. ..
4 . Install a traffic controlled signal light at the Route 96 and
Jacksonville Rd . intersection .
5 . All northbound Route 96 large truck traffic be diverted to
Route 89 at the "Octopus" bridge and suggest through traffic
reentry to Route 96 north of the Village of Trumansburg at •
Cayuga St . , Interlaken, NY and vice verse for southbound traffic.
.L•'; . 6 . The roads used for the detour be restored to before
construction conditions or better , after the project is complete .
7 . Establish a uniform Speed limit ( 40MPH) and assist in the
speed limit enforcement on the detour route.
8 . Minimize all possible damage to the bed of Taughannock Creek
since both upstream & downstream are popular swimming and fishing
areas ,
9. Allow sign-boards posted at the detour warnings advising of
businesses on Route 96 and between Jacksonville Rd. and Cemetery
Rd. •;
Mr . Hogan Aye
Mr . Reitz Nay
Mrs . Stover Aye
• Mrs . Duddleston Aye
• Mr. Weatherby Aye
• Adopted.
Copies to be sent to Harry Carlson, Regional Director NYS DOT,
Syracuse .
REPORTS
•
"z Town Clerk
Mrs . Georgia, Town Clerk, reported that total fees collected for
the month of April were $2, 337 . 52 of which $1, 513 . 02 was turned
over to the Supervisor. .
Williamson Law has installed the new Town Clerk' s package. Has
put in an order to NYS Ag & Markets for the dog listings .
Highway
•
• Mr . Meeker, Highway Superintendent , reported that they had •
•
cleaned up the Glenwood Bridge project, cleaned ditch on Cold
Springs Rd. and installed pipe there and on Iradell . Patched
' roads, cleaned trucks , cleaned salt boxes . New loader arrived, •
old loader has been cleaned and taken to Palmyra for auction.
OSHA projects have been taken care of [plastic shields , ground '•
•
•
wire on refrigerator . . . ] .
Going to look at a salt shed. . .same company that made pipe for
bridge project . State bid prices for salt aren' t out yet .
Mr. Meeker requested an Executive Session to discuss a personnel •
matter. Having already moved for an Executive Session, this
matter will be added to that agenda. •
Zoning/Building
•
I Mr . Rachun reported seven permits, two new starts . . . $135, 000 .
reflecting modulars and double wides going in. Four additions
and remodeling at $65 ,700 . and two swimming pools at $10 , 000 .
Total fees received $574 . .
• The ZBA heard three appeals , two were approved on area variances
on lake parcels and the third wasn' t denied, but not
approved. . . they asked the developer to come back. Planning Board
is currently hearing two PUD's [Pleasant Grove Assoc . , Moores
Outboard Sales & Service] .
_ . . •
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Town of Ulysses 90 6
Regular Board Meeting
5/14/91
Mr . Rachun reported that the Fire Inspector did one chimney
permit
Board Members •
Mr . Reitz stated that a Joint Youth Meeting will be May 15th .
Working hard on needs assessment . The Village has decreased one
of their line items by $2 , 835 . which will crimp the Village
allocation to this group . Will be looking at the impact of that .
• Mr . Reitz said the only other comment he has is that presently
the Town has three or four PUD' s in the works . . .where does it fit
into the overall Master Plan of the Town?
Mrs . Stover mentioned that the Recycling Coordinator would like
to put together a list of plastics for a handout . Was wondering
if she puts together a list if the Board would be willing to type
and duplicate? Mr . Hogan suggested putting together a list and
sending it to the County . . . they are paying the salary . Decided
•
to send the County a copy and state that we are using this until
we get one from them.
Mr . Hogan said that he got Steve Moracco to do the ceilings . All
ceilings , except for the back hallway, have been replace with new
tiles. Work has been completed except for painting the back
hallway . Need to think about ventilating the building. . . there is ' 4
an old vent . . .would cool building down and take care of moisture •
problem. Also have checked with Keith Mueller who will check to
see if the bathrooms have been vented.
CORRESPONDENCE
Mr . Hogan received the following correspondence: NYS
Environmental Conservation; County Planning Board Agenda;
Association of Towns .
•
Mr . Hogan entertained to adjourn to executive session, Mr. Reitz
•
• moved to do so at 10 : 30pm.
EXECUTIVE SESSION
•
Highway Superintendent, James Meeker requested that his newest
man David Reynolds hourly rate be increased to $10 . 49 to put him
in line with the other workers . David has been with the Town for
2 1/2 years .
•
Mrs . Duddleston moved, seconded by Mr . Reitz to increase David
Reynolds hourly rate by $. 54 to bring him up to $10 . 49 per hour .
•
Mr . Hogan aye •
Mr. Reitz aye
Mrs . Stover aye
Mrs . Duddleston aye •
Mr. Weatherby aye
Adopted
Mrs . Stover pointed out to the Board that she was not appointed
in January to be the local representative to the Assessment
Review and that they were meeting on May 16, 1991 . If the Board
would like her to do this she would be happy to.
Mr . Reitz moved, seconded by Mrs . Duddleston to appoint Catherine
Stover as the Town of Ulysses representative to the "Local
Assessment Review Board" .
Mr . Hogan aye
•
Town of Ulysses 7
Regular Board Meeting
5/14/91
Mr . Reitz aye
Mrs . Stover abstained
Mrs . Duddleston aye
Mr. Weatherby aye
Adopted
The Board discussed the voucher presented by Roger Rector for the
reimbursement of his health insurance on the advise of Jeanne
Vanderbuilt , Town Bookkeeper/Payroll Clerk.
Mr . Hogan will speak to Jeanne Vanderbuilt , Bookkeeper and Judge
Rector and the Board will discuss this prior to the Joint Meeting
on Thursday May 16th, 1991 .
Hearing no further discussion Mrs . Duddleston moved for
adjournment, seconded by Mrs . Stover. Unanimously approved.
Meeting adjourned 10 : 45p.m.
vr7
:A. TOWN OF ULYSSES/VILLAGE OF TRUMANSBURG
JOINT MEETING
May 16, 1991
Present : Tom Bennett , Mayor; Carl Zylich, William Oriswald,
Peter Meskill , Village Trustees; William Hogan, Town
Supervisor; Tom Reitz , Catherine Stover, Carolyn
Duddleston, Robert Weatherby, Ulysses Town Board; Paula
Mount , Deputy Town Clerk.
Others Present : Alex Rachun, Bill Auble, Gary Chase, Jackie
Merwin, Seville Reulein, Beach & Budd Stover, Ruth &
Andy Scott, John Czamanske, John O'Leary, Jerry
Perkins , David Auble, Don Ellis , Geri Keil , Kim Jacobs, •
Gilbert & Myrtle Lee, Alan Vogel , Lou Poley, Steve
Proctor [FreePress] , Guy Krough, Ozzie Heila, Antonia
Demas , Christopher Gunn, Rob Schofele, and other
unidentified.
Mr. Hogan and Mr. Bennett called the meeting to order at 7 : 30PM.
Mr. Bennett asked for input from the Town and Village Planning
Boards . Geri Keil representing the Town of Ulysses [Mr. Tyler
unable to attend] was asked by Mr. Hogan to bring those present
up-to-date on number of meetings , discussion and resolution of
those meetings . .
• Mrs . Keil stated she didn' t have a formal presentation; we
discussed these questions presented to us at one Town Planning
Board meeting and then had a Joint Town/Village Planning Board
meeting. . .we have come to several conclusions on our own. . .pretty
• much what we were feeling was that we really couldn' t answer the
questions . . .
Mr. Hogan stated that the Town Board came up with four areas :
should the land be developed; what percentage of the land should
be residential vs commercial ; should the land be annexed or not
annexed; should an intermunicipal agreement be considered and
what should be included in that agreement .
Mrs . Keil said that the Town Planning Board felt that they
couldn' t speak for the Village Planning Board and the only way to .
• address these questions was to meet together and discuss them.
We came up with these answers:
1 . Should the land be developed. . . it was the general
consensus that eventually it is going to be developed, the
question was how and when. One of the feelings about the area is
that it is a growing area of Trumansburg, an attractive area, and
people are going to want to move into the area, developers are
. going to want to develope this area and this is something that is
coming.
_. 2 . Percentage of residential vs commercial . . .was a
consensus that percentages could not be set at this time, without
more input from the public. That input is key before any final •
decisions could be made. Residential development would be the •
preferred development in that area; a small area of the parcel
that the Village felt should be commercial . Others felt that
until we had more significant or concrete input as to what that
commercial development -was , and it was appropriate to the site,
that what would be designated as commercial and how much of it, ,
couldn' t be determined at this time. - •
3 . As to annexation or not . . .what we determined is that if
that land is to be developed it would make the most sense for it •
to be in one place or another; in other words should either be
all in the Village or all in the Town. We aren' t saying it
should be annexed, just that it should all be in one place or the
other . Lot of variables about who should annex it or if it
should be annexed. Other people who have better information, and
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Joint Town/Village Meeting 2
May 16 , 1991
• we couldn ' t speak to those particular issues . . .such as water and
sewer .
Mr. Hogan said then the answer is that the land should be •
annexed, correct? Mrs . Keil said we discussed that it should be
under one municipality or the other. Mr. Hogan said, you didn' t
indicate which one? Mrs . Keil said maybe others did, but
• personally didn' t recall .
4 . Should there be an intermunicipal agreement . . . the
•
Planning Boards are throwing this back into the Boards
laps . . . feel you know whether or not you can have this type of
agreement and if it would work. Some have said that is a very
difficult way to do it .
Mr . Reitz asked if there was any consideration to an
intermunicipal agreement prior to annexation? Mrs . Keil said if
• the zoning wasn' t changed, there is no reason why it couldn' t be
developed residential right now, as it stands . Mr. Reitz said an
intermunicipal agreement would deal with water, sewer, roads ,
etc . Mrs . Keil said then you would have to determine if you have
•
the facilities to provide that . . .we can' t determine that .
Mrs . Keil said the Town has other areas that are presently zoned
commercial and are not in the Village. . . doesn' t make sense to
designate another area commercial on some tentative, nebulous
future plan to develop it . If there is to be development perhaps
it should take place in the current commercial district . The
other feeling most of us had was that more input from the Master
Plan Committees [Village & Town] , and more coordination of those
committees , so that maybe they could look at the Village and the
Town as one growing community and where does it make sense to
have a commercial zone. Rather than take this one particular
piece of land, just because it is before us , and designate some
of it commercial and some as residential .
Mr . Reitz said this is the only potential commercial zoned area ,.
continuous to the Village boundary. Mrs . Keil said we don ' t know
if that is really desirable . Mr . Reitz asked if the developer
•
• had an opportunity to present the proposal to the Planning •
Boards . Mrs . Keil said Yes , but the proposal is not very clear .
•
The developer is asking for a higher percentage of commercial
than most of the Planning Boards felt was warranted.
Mr . Reulein [Ulysses Planning Board member] stated that he
disagreed with that statement . We didn' t make a decision on
that . That is Mrs . Keil ' s personal opinion.
•
Mr. Ellis , Village Planning Board, said that he didn' t feel there
was anything near a consensus , but good discussion. Having the
two Boards meet was a good thing and should probably happen more
•
often. On the four questions :
• 1 . Should the land be developed. . . should or not is a vague
question; eventually it will get developed. . . should or not is
vague . . . of course that land will change.
2 . Percentage of residential vs commercial . . . think the
Village Planning Board is in a good position to make a clear
statement because we have in fact considered all the land that is
involved in this annexation in our master plan process , which has "
just about been completed. In our Master Plan, we came to the
conclusion that that whole region should be primarily
residential . In order for it to be residential there would have
to be a series of streets that don ' t exist at this time. One of
those streets would logically connect to Main Street somewhere
along the area where the Auble parcel connects to Main Street .
So if we have this connector street coming up to Main Street that
• creates an intersection on a State highway which is a very
logical place to have some commercial development , and we have
come to the conclusion that a three to four acre parcel at that
•
- : . _ - .
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' it q
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Joint Town/Village Meeting 3
May 16 , 1991
point , as a commercially developed area made a lot of sense and
was a good place for it . The area will become busier and busier
•• and wouldn' t make sense to have the residential area out to the
street . Don' t have a precise answer, because haven' t had the
time to work it out , but it clearly goes heavily towards
something under 10% commercial . •
Mr . Perkins [Village b Town Planning] stated that he didn' t
remember a vote being taken on that percentage .
3 . Should the land be annexed or not . . .don' t feel there was :.
a consensus or useful discussion of the subject until someone
• said, get public input . Village Planning Board members did say,
regarding that , Village is not prepared for annexation at this
time.
•
4 . Intermunicipal agreement . . . an agreement implies some
sort of give and take, some kind of sharing . Obviously the
Village has water and sewer to give. Not sure what the agreement
would be about . . .what could be worked out with the Town. Didn' t
really know where to go with this question. Intermunicipal
agreements , in my opinion, would be an excellent thing to do.
Mr. Meskill asked, regarding whether the land should be annexed
or not , specifically by that , do you mean once the Village has
finished their . zoning and its Master Plan, then that type of item
should be considered? .Mr. Ellis said the position of the
Planning Board in developing a Master Plan has been that the
Village needs to improve. its tax base and that one way of doing
that is to encourage development of . the land. . The amount of land
available in the Village is a small amount and a. lot of it is
A ' tied up in such a way that it wouldn' t be available to develope.
If growth is the preferred route, development of land is
preferred, then . annexation is probably the. only way to go. Mr.
Meskill said you indicated that the Village isn' t ready. . . is it
because of the fact that the Master Plan isn' t completed and the
zoning isn' t completed? Mr. Ellis said that is exactly it . The •
Master Planning process is a very deliberate one, that provides a
good forum for the public to be involved. Lots of talk about
what should and shouldn' t take. place, most of which is vague and
not useful to municipal boards . Think what. happens is when we •
present the proposed Master Plan, at least we will have a place
to focus. then, so there can be . useful , directed discussion about
what the citizens of- the.Village and Town consider high.
priorities and alternatives for us . .
{ Mr. Hogan said the Village's Master Plan Committee has included
•
this acreage in their study; and mostly to use as residential and
a few acres for commercial? Mr. Ellis said yes , the . plan shows
an undefined ' red dot ' at where an intersection is almost
certain, that is labeled commercial . We have not gone so far as
to say how many acres that should be; my reading of that is that
dot is less than ten acres . We have talked about the kind of
commercial we thought would be successful there and the kind we
talked about is what we are calling 'destination shopping ' , the
kind of place that attracts people not just from the Village but
from the region. . .good . examples here in Trumansburg. is Frontenac
Designs , not really servicing, the community as much as they are
servicing a region, . so those kinds of businesses , and community
services as well could locate there; definitely not something on
• the scale of a grocery store or, something of that type.
Mr . Hogan asked why not a grocery store? Mr. Ellis said the
opinion was there is so much paving, so much traffic, would cause
other problems that it ' s an inappropriate use in an area that is
clearly residential .
Mr. Perkins said that he would like to give his personal opinions
regarding these four questions :
• S
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Joint Town/Village Meeting 4
May 16, 1991
1 . Should land be developed. . . yes .
2 . What percentage of residential vs commercial . . . 50% .
3 , Should land be annexed. . . yes . The Town cf Ulysses wants
• water , let them run it ; good area for light , small industry, a
grocery store, some housing .
Regarding the other commercial areas between Trumansburg and
Ithaca, they won ' t be developed because of lack of water and
sewer . No reason to be against development if done with control
and in a proper manner . Am in favor of development , if it is
done right .
Mrs . Demas started questioning Mr . Perkins about his interests in
the development and holding seats on both Planning Boards . Mr . +
Perkins reiterated his position [as he has done on several
'!t
occasions at various meetings] .
Mr . Gunn asked both boards to consider and perhaps give an answer
at a future meeting as to why this individual [Mr . Perkins] is on
both Planning Boards, is it legal , is it a wise choice to have
one person serving on two boards? Think one or both of you have
made an error in judgment and you should think about how you will
resolve it . Don' t think any individual should be serving on two
boards .
•
Mr . Scott said a couple of folks had done a survey of the Village
for the Master Plan Committee, which showed there had not been
any development, but an actual decline in the Village . Feel
development should be in or around the Village rather than down a
corridor on RT 96 . In favor of development in the Village or on
either side of the Village .
Kim Jacobs asked if any research of the need of residential and
commercial had been done; how seriously have you considered the
option of a water and sewer district , Does present a benefit to
the Village, as a higher rate can be charged.
Mr . Hogan said that if a developer is going to invest his money
he will have done the research to see if there is a market for •
his development . . . if there is a market for some commercial
development , senior housing, some residential development . Many
of us feel that type of development is a better deal for the area -
rather than a lot of residential . . . with a large residential
development it will overload the school system. Small commercial
district, housing for seniors , you have the benefit of additional •
tax base without overloading the school district . Regarding a
water and sewer district , we have said to the Village that we •
[Town] would be willing to negotiate with them for a water and
sewer district . They could charge a rate and a half which would
help them financially . Certainly willing to consider it . As far •
as the unofficial cost to the Village, the developer would be
providing the facilities , the infrastructure, within the
development .
Mr . Ellis agreed with the response, all residential would not be
the ideal . Residential doesn' t do much for the tax base, but
it 's not going to do what we want to see done to the tax
• base. . . it 's the second generation that counts . . . if a lot of
• houses are built a lot of people will live here, they will need
services . If we can get it together that those services are
provided in this community rather than another community, then in
that second generation of activity, the commercial development,
we get sales tax . Sales tax really counts for something.
Discussion took place regarding the percentages of sales tax that
is returned to the Village and Town. -
Mr . Bennett asked how people would feel about having a vote on •
one proposition. . . to annex or not to annex. . . only hearing from a
Joint Town/Village Meeting 5
May 16 , 1991
small number of people.
y Ms . Merwin stated that the meeting held at the high school . . .many
people spoke against . Would be in favor of having a public vote
if worded correctly.
Mrs . Demas questioned the amount of money being spent on the
meetings , public hearings , etc . regarding this project .
Mr . Ellis said he feels that the Village should be aggressively
•
developing a program to encourage the kind of development they
want . . . discover what kind of development that is . Then should
have several development proposals each year coming in here .
Should be handled through the mechanism that is set up to do it, .
-.
'. the precedent of going public over these could drive us all mad
and may not get us the results at all .
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Mr. Meskill said he has a problem with presenting a proposition
for vote. . .have a planning board for the purpose of working with
planning and master planning for the Village and secondly the
ultimate annexation question rests on the Board after input from
the planning board and a public hearing.
Mr. Bennett stated that this has been dragging on for years . Mr.
Vogel said it seems that the developers have been told no
. repeatedly and still persist . . . their right to do so, but how many
times do we need to say no? Perhaps if they are persistent a no .
may be turned into a yes.
Ms . Jacobs supports having a referendum. Development is
inevitable. The question is to what degree. Mr. Bennett said
he would feel more comfortable having the public input from a
vote.
Mr. Gunn stated that he has no strong feelings against a
referendum, can be used effectively at time . Don' t want to count
•
the number of meetings that will be needed to figure out the
wording of this referendum! What I am more concerned about at
the moment is to hear the Mayor trivialize the governments
process of the Village and the Town. There is a mechanism by
which these issues get aired, there is a planning process both in
terms of immediate and long range plans in both the Village and
the Town. To sit there and say we keep disputing this , can' t
seem to reach an agreement , when both your planning boards, I
think, have come to a fairly closely agreement on this issue,
means that the work they have done is trashed and the incentive -
you provide for other citizens to take part in the governments •
process, all goes up in smoke.
Mr . Griswald said he agrees with Mr. Gunn, but has not heard a
consensus tonight , about anything .
Mr. Hogan said some of the answers are pretty vague. . .Mr . Gunn
said some of the questions were pretty vague.
Mr. Perkins said he thought the annexation issue was dead at this
point . Mr . Reitz said it is until it is only until the
annexation issue comes up again by the petitioners to go through
rn the process again.
Mrs . Keil said the problem, as she sees it, is not only did these
questions seem vague to the planning board, but the proposal
before us is also very vague. We don' t really know what is going -•
to go on up there . Don' t necessarily need more commercial , have
• commercial already . Mr. Reulein said that is Mrs . Keil ' s
. personal opinion, not that of the planning board. Mr. Hogan
asked if the developer had met with the planning board and
explained what they want to do . Mrs . Keil said yes , but he had
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Joint Town/Village Meeting 6
May 16, 1991
explained it once before and it was entirely different . That ' s
•
the developers option, but in terms of the planning board, if we •
would identify needs in the community and then look at where
these needs can be met , and then say what could be commercial and
what residential , might make more sense .
Mr . David Auble stated that Mrs . Keil keeps mentioning the •
vagueness , I first of all don' t feel that I was given much
opportunity to present our ideas , and got very little impact or
feed-back from any of the planning boards . Realize it is
difficult of a development of this type to be brought to a
planning board and expect a major amount of feed-back . Have seen
several other proposals that have been to the planning board and
must say, unless they are a specific business , it ' s a fairly
loose process . One proposal for four commercial retail buildings
on RT 96 [Pleasant Grove Assoc . ] , thought that was fairly vague;
•
relatively speaking it wasn' t different from our proposal . Mrs .
•
• Keil said the scope of it is different . Mr . Auble said the
•
activities are vague . Don' t think some of the concerns expressed •
are such that they should negate our going through the process,
by right , and what we conceive to be a need in the community, and
I think we need to prove .
Mr . Rachun said Pleasant Grove Assoc . is a Development District
and is quite specific . Do know what this gentleman wants to do •
there, also know what he will not do [had to list that] . There
is very accurate site plan, plantings, entrance and
exit . . . everything is going to be complete when this thing is
approved. The process is, the developer meets with me, goes
through the whole process with the developer . . . once the developer •
• realizes what he has to do to come to the Town Board and present
what he wants to do. The Supervisor takes the information; if
` information is complete it is then turned over to the planning
board. After everything is done by the planning board that is
necessary, we come back into the Town and make sure that
everything fits our zoning. Have a broad outline on Development
Districts , what can and cannot be done. When this is wrapped up
it is sent to the Town Board with the planning board' s
recommendations to approve, disapprove, or approve with •
•
modifications . Mr. Auble could come to me tomorrow with all this
information and do the same thing.
•
Mrs . Poley spoke to the fact that the Village Planning Board has
been working over the past several years on various Land Use and
Development Codes and things keep getting stalled. Regarding Mr .
William Auble' s request to annex . . . if it is annexed with certain
•
commercial zoning they can walk out of there tomorrow, have made
their money, and someone else can come in and do something
different . They have showed us many drawings , but there isn' t
any commitment that they are going to do anything as they say .
Would like to see Land Use and Development Codes , Master Plan,
etc . all in place; then say what do we need or want up there,
then entertain proposals for development . Mrs . Poley went on to
say that the planning board has had to listen to him [David
Auble] when he's had no right to speak, have had him be rude to
us , make fun of us , twist our words , tape our meetings without
permission. . . that gets people' s backs up .
• Mr. Meskill said we are getting away from what the Boards
originally wanted or hoped we were going to get . . . think putting
the Master Plan together will tell you what you want up there.
Think we need to get that as soon as we can .
•
Mr . Hogan asked if the Master Plan will tell you specifically
what you are going to put in specific areas? Mr . Meskill said
doesn' t think you can do that . . . think you have to decide, like
Don said, a connector road with three or four acres; now if its
three or four or ten acres, that ' s what your Master Plan process
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Joint Town/Village Meeting 7
May 16 , 1991
will give you, approximately how many acres or percentage of that
land will be commercial and how much residential . To determine
what will be in there, No . You can list light industrial ,
commercial , etc . , but beyond that , don' t think you can tell
someone he can put in a drug store but not a grocery . Mr. Ellis
said it is really a negotiating process .
Mr . William Auble said what is going on now is a good
illustration of what is happening. Someone said there are
• commercial zones that aren' t being used and that ' s what : '
happened . . , thirty years ago these zones were decided. . . someone
built a shop, couldn' t sell the land so started building houses
in a commercial zone . Then people in those houses start
complaining ! If there had been some pre-planning over the years
the zones would be established now. Could probably come in here
ten years from now to do something and find out the zoning is
3.
wrong; and the same thing happens as is happening now. Why
haven' t these things been done? The people sitting and making
the zones and determining what is going to happen. . . you can' t
look around and see them sitting here tonight . . .can' t find their
names in the phone book. . . they have left and I 'm still here
paying taxes .
Discussion between Mr . Auble and Mr . Vogel took place regarding
the types of stores in an area. Mr. Vogel felt need to know
exactly what would be there, that the zoning wouldn' t be changed
. and Mr. Auble would sell his land and make money on it . . .Mr .
Auble said you can say you will have certain types but in a year
those may move on and new ones fill the storefronts .
Mr. Auble said he would be happy to sign a statement saying he
would be happy to give Mr. Vogel the same guarantee [that Mr .
Vogel will give Mr. Auble] ; that he [Mr . Auble] will be here in
ten years . Just want everyone else to sign it that they won' t ,
sell their houses and make any money, you don' t want me to make
any money, then you shouldn' t make money . I ' ll sign a statement •
a.. that I ' ll develope that land and will be here ten years from now
and I want you to be here ten years from now. ,,
Mr. Reulein stated that if the water situation was different
perhaps expansion would be in a different pattern. Would like to
see an extensive water district that is connected with Ithaca and _
Trumansburg . More homes will be built , commercial areas will be
built . 4
John Czamanske [Ulysses Master Plan Committee] spoke about Jeanne -
Henderson' s presentation of the water survey done two years ago.
Two-thirds of the people responding to the survey indicated they
would be interested in public water . Cost of putting in public
water might be prohibitive.
Further short discussion ensued regarding the cost of water and .
water districts in general . r
Mr . Hogan read Mr . Tyler 's letter which reiterated Mrs . Keil 's •_
report of the joint meeting of the planning boards . This was a
consensus of the two boards . Mr. Meskill said the two boards
have agreed to annexation but not at this time, and with more
rn planning? Mrs . Keil said either the land should all be annexed
into the Village or all into the Town. Also, not sure as to the
percentage of residential vs commercial .
- Mr. Meskill asked Mr . Scott how close his committee was to having
the Master Plan ready . Mr . Scott said would be finished in about
thirty days . Mr. Vogal asked why it would be bad to have all
residential and Mr . Bennett said it would impact on the schools .
Mr . Griswald said if you put that many homes in the Village you
will need more stores .
Joint Town/Village Meeting 8
May 16 , 1991
Attorney Krough stated that when you start getting that specific
about telling someone how to use that land you are violating the
Constitution. If you are going to go that far and tell people
how to use the land to that extent , you might as well purchase
it . There is no way to guarantee who will have a store and sell
what prior to building . . . putting the cart before the horse . If
you are going to limit it that much you are actually going beyond
zoning . Regarding comments heard tonight . . . what about vacant
buildings downtown . . .noone is renting them because they are old,
not useful . Most important thing said tonight is that there
hasn' t been significant development since 1908 when there were
121 businesses in town.
•
Mr . Gunn said the gentleman who just spoke outlined perfectly why
we need planning and building in place . Once in place a
developer responds to it . Without those regulations in place
anything can happen. The idea of 121 stores in Trumansburg . . . the
world has changed. . . try having an independent drug store
competing against Fays . What you have in mind here is the
process of taking of putting a new commercial pole on the north
end of town so you draw traffic up there effectively diminishing
the now shaky viability of downtown, which everyone recognizes .
You think there will be shoe stores , and everything we all like
to do. . . .we are a Village with a limited population. You aren' t
getting a Pyramid Mall and if you do get some of that stuff you
will kill off what is already here.
Mr. William Auble said ten years ago, talked, had a hearing and
• here we are again. . .noone has done anything new. . .heard this the
first time and the second time and now hearing the very same
thing. . . "our stuff isn' t in order". How many years does it take
to get your stuff in order?
Mr . Meskill suggested reconvening in thirty days . By then the
Village's Master Plan will be ready to be presented, which will
include the area being discussed. Mr . Hogan said the big
question is the percentage of residential vs commercial . Perhaps
public input would be the best thing to have. Mr. Griswald
suggested having a public hearing in mid-July.
The Village decided to have a public hearing to have public input
on the Village's proposed Master Plan on July 18th at 7 : 30pm.
The next Joint Town/Village Meeting will be held at Village Hall
on Wednesday, July 24th.
A motion was made to adjourn the meeting„ seconded by Mr.
Griswald. Unanimously approved, the meeting adjourned at 9 : 30pm.
Respectfully submitted,
Paula J. Mount
Ulysses Deputy Clerk
I
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Igoe
TOWN OF ULYSSES
REGULAR TOWN BOARD MEETING
• June 11, 1991
Present : William Hogan, Supervisor; Thomas Reitz, Catherine
Stover, Carolyn Duddleston, Robert Weatherby,
Councilpeople; James Meeker, Highway Superintendent;
Marsha Georgia, Town Clerk.
Others Present: Elsie Vann, Winnie Baker, James Mason, Mr.
Collins, NYSEO, Ruth Kahn, Olen Chase, Carl Mann, Peter
Meskill , Steve Proctor, Mrs. Crass, David Auble, George
Patte, Harry Weber, Lou Poley, Alex Rachun, Government
Class students.
Mr. Hogan, Supervisor, called the meeting of the Town Board, Town
of Ulysses to order at 8:00 PM and led those in attendance in the
Pledge of Allegiance to the Flag of the United States of America.
Mr. Hogan entertained a motion to approve the minutes of the
Regular Town Board Meeting of 5/14/91 and the Joint Village/Town
Meeting of 5/16/91, moved by Mr. Reitz, seconded by Mrs.
Duddleston. Unanimously approved.
Report: Trumansbura Fire Department
Absent
Report: Representative James Mason
Mr. Mason reported that on May 28 a meeting was held in the City
of Ithaca to discuss the State Open-Space Conservation
Plan. . .brought about by an amendment to the Conservation Law last
year. Intent is to preserve open space in the State by having
the State, in many cases, acquire properties that have unique
characteristics. There area couple areas of interest in the
Town of Ulysses. . .they have identified all lands abutting
Taughannock State Park as areas that should be considered for
acquisition. Also identified abandoned railroad right-of-way
that runs through Ulysses from Taughannock to Buttermilk State
Park. If there are any concerns or questions would suggest you
contact either Jim Hansen or Stewart Stein.
The County is broke. . .have tried for years to maintain a general
fund reserve and up until just recently had about three million
dollars set aside as a buffer. . .that money is gone. The State
has not made payments to various agencies; departments that
depend on State payments, and ao the County has done payrolls and
tried to keep things operating. Don't know what the impact of
the State budget is going to be on the County at this time.
Obviously the reserve fund will be replenished when the State
dollars arrive, but have lost interest. TC3 has been hit hard by
the State budget .
Also moving ahead with the landfill project. Still hope to keep
the landfill open for a few months beyond the closing date set.
Claims
Mr. Hogan entertained a motion to approve Claims #187-222 in the
amount of $5,526.99, moved by Mr. Reitz, seconded by Mr.
Weatherby. Unanimously approved.
Supervisor's Financial Report
Distributed to the Board and reviewed by Mr. Hogan.
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Town of Ulysses 2
Regular Town Board Meeting
June 11, 1991
Mr. Reitz commented that in March we had $81,000. in the highway
reserve fund, saved over years, and bought a new loader for
$75,000 . Also sold the old loader for more than we thought we
would and got $11,000 .
Hearing of Deleaations and Individuals
Mr. Dan Collins - NYSEG - spoke regarding the construction
project at Milliken Station. Introduced Melanie Chappel ,
Environmental Licensing Specialist. Mr. Collins stated that the
Clean Air Act Amendments of 1990 has caused many businesses and
industries to take a hard look at what they will have to do to
meet the requirements of these laws in the next few years. NYSEG
is no exception. Started last August to take a look at what we
will have to do to comply with the reduction of sulfur dioxide
and hydrogenoxide from our flue gas at Milliken Station and other
stations. Looked at 200 options, narrowed them to 20 and by end
of summer will be down to 6. In looking at these laws an
opportunity presented itself. . . the Federal Government has grant
money through the Dept . of Energy for a demonstration grant of
clean coal technology. . .and we want to take advantage of any
monies we can bring in from the Federal Govt. which would lower
the coat of this project.
Mr. Collins continued that Milliken is our second most efficient
power plant and also one of the most efficient in the US. Mr.
Collins. explained the process of flue gases to deaulfurization.
One of the by-products of this process is gypsum, which would be
sold. The other by-product is calcium chloride. . .there is
nothing left to landfill . Not only do we reduce sulfur dioxide
by 90-95%, we have markets for the calcium chloride and gypsum.
Biggest impact on this side of the lake will be the
smokestack. . .the two that are there now are 250' each. . . they will
be removed and replace with one stack of 375' . Showed pictures.
The white plume will be more visible, but cleaner.
• The total cost of the project is $158 million. We are asking DOE
to fund about $65 million. During construction will be 200
construction jobs and after construction will be an additional 25
NYSEG jobs.
OLD BUSINESS
Spruce Row Campsite
Mr. Hogan stated that the Town has been trying to have a map
drawn of the Spruce Row Campsite. Mike O'Cello has been working
on that map and will tell us what is included on the map.
Mr. O'Cello said that hopefully the map has been completed.
Showed map, which has campsite roads, and everything that is
there. The scale is 1" to 100' .
Mr. Hogan said the map includes all of the property owned by Mr.
Weber and the portion of the property that is included in the
PUD. Mr. Reitz stated that the new boundaries as proposed by the
Town Planning Board are not included on this map. . .we were
instructed to give us , the existing PUD density, location, to an
accurate scale. Mr. Reitz asked how Mr. O'Cello came up with the
means to make the map? Mr. O'Cello said it was done by several
means; lot of it was done with aerial photography; some surveying
of some roads; some of the property information came from a map
by Mr. Schlepp. Also had the computer run the areas on the PUD
and the non-PUD, just to see if it came out to what it should and
it did.
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1 Town of Ulysses 3
° Regular Town Board Meeting
June 11 , 1991 •
Mr . Hogan asked if Mr . O'Cello had the numbers as to how many
acres were in the PUD and how many weren' t? Hr. O'Cello said
approaching 40 acres being used. This is from the old
•_ one. . .almost 84 acres for PUD. Hr, Reitz asked about
density. . .approximately out of the 84 acres what did you estimate
as the active use area now? Hr. O'Cello said when he calculated
the area being used he was a bit generous and came up with almost •
40 acres that is being used.
Mr. Patte asked for the total number of sites. . .Hr. O'Cello said
180+, the sites are numbered. Hr. Patte asked if the location of
each site is shown on the map. . .Mr. O'Cello said the approximate
location of each site; the sites are marked with numbers on
trees, etc. , sure they were done for 'convenience. Mrs. Crass •
. asked if Hr. O'Cello didn't see campsites numbered up to 210 as
shown on one of the maps that has been used in the past meetings.
Mr. O'Cello said the numbering did go up to 210. . . there are a
number of numbering omissions, he basically counted the number of • '
sites. •
Mr. Patte asked if there was any attempt made to approximate
square footage for each site or the total of sites. Hr. O'Cello
said that would be difficult, wouldn't know where to begin. The •
sites are not each a rectangular shape. . .wouldn' t begin to know
how to come up with an average per site; unless someone wnuld lay
all that out. It would be very costly and I couldn't do it
because of the licensing. - To give you an example: an average
lot being surveyed would be from $200.-300. for a small' city lot.
Here you are talking 182 lots times perhaps $200. -300.
Mrs . Crass asked who's responsibility would it fall to make that
kind of appraisal? Mr. Reitz said the responsibility of the map
,1 as an entire unit is the responsibility of the Town Board. We
require in our Zoning Ordinance an accurate, to scale map. You
are asking if whether there is the 1500 or 2500 square feet per
site and think that term is a generalization by State
regulations. If you took all 182 sites divided by 40 acres, he
obviously has more square footage than is necessary for each
• site.
Mr. Patte asked what the round circles indicated and Mr. O'Cello
said that is a conceptual area of- trees. .Mr. Patte asked if the
water source and lighting shown? Mr. O'Cello indicated Willow '
Creek, the pool , pond, storage tanks, bathrooms, recreational ;
lighting is not shown, nor is the dumping station.
Mr. Rachun said that he feels this is a fine map of what exists -
now and can be worked with in terms of zoning, down the line.
Asked if Mr. - O'Cello is going to do an overlay of what is
presented by the Planning Board in terms of the new, because when
the request comes in for the amended development district, we
will need that overlay. . .including the pond, the dumping station,
the house. Mr. Reitz said that isn't included in the contract
• with Mr. O'Cello to do that. .Mr. Patte stated that in December
of 1989 . the Planning Board .asked•: for .23 separate items to be
either shown or put in writing with respect to all aspects of the
proposed PUD. Things like construction design, drains, ;.culverts,
define number of campsites and location, landscaping plan. Mr.
1 Reitz said you are talking about the conceptual Site Plan Review
which has never been passed by the Town Board. That is a tool •
to be used by the Planning Board for information basis , only. No
requirement that it be utilized. Mr. Patte said the resolution
refers specifically to your Zoning Law, Article 4, Section 5,
paragraph B.
Mr. Hogan said what we are trying to do is resolve this matter to
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Town of Ulysses 4
Regular Town Board Meeting
June 11, 1991
everyone's satisfaction. Didn't see the need to spend $15,000.
for a map. We made an agreement with Mr. Weber to share the cost
of the map and were able to get this completed for $1,000 . , half
to paid by Mr. Weber and half by the Town. The Building/Zoning
• Officer seems to feel it is adequate for SBQR and meet our needs.
Mr. Rachun said he feels it is adequate to present to the
involved agencies on the SBQR review. The Town Board is going to
be acting lead agency on this project, this map is a map that can
go.
Mr. Reitz asked Mr. Weber if he had any comments on the map. Mr.
Weber said he would like to look it over. Mr. O'Cello said there
is the original and one copy and Mr. Reitz said he would get
other copies made. Mr. Patte asked for a copy, and asked if he
could clarify one thing procedurally. . .this was submitted for
what purpose? How is it going to be used from here with respect
!' to any changes in the PUD. . . I 'm unclear.
Mr. Hogan said we were unclear as to how much of the original PUD
was actually developed today, and how much was available for
growth. After we have a chance to look this over and determine
what density remains there, we are going to sit down again and
try to come up with a maximum number of campsites and recommend
what will be included in this PUD. Mr. Reitz indicated that it
will have to go to County Planning Board and wondered if there
would then have to be another public hearing; and then Board
action. Mr. Patte said he is unclear as to what proposal is
before the Board at this time. . . for approval or disapproval , or
modification or whatever the Board choices to do, what is it you
are being asked to do? Mr. Hogan said we were trying to agree on
the volume of campsites that were going to be acceptable there
and did not come up with any agreement; so we wanted an updated
map; now we know what in there and discuss what is reasonable for
the area.
Mrs. Crass asked if the Town Planning Board will be involved in
this procedure. Mr. Hogan said No, the Planning Board already
gave their recommendation. •
•
Mr. Reitz said he recalls the Planning Board and some Town
• residents being concerned about a few incidental items. We had
basically agreed upon most items regarding the PUD.
Mr. Patte said that originally Mr. Weber came to the Town with a
proposal for certain things, and don't know if that has been
withdrawn or not, and not sure if the Town Board on its own is
saying, we are in fact choosing to review this PUD and redefining
this PUD on our own, which you would have the right to do, and we
are making new rules for this PUD, irrespective of whatever it
started out as. Sounds like that is what you are really doing
here, going back to the PUD, and would expect you to do things
like the buffer zone and all those things the Planning Board
already talked about . Mr. Reitz said and the Town Board agreed
or disagreed upon, so therefore we are at a stage right now where
we should review the last minutes of those changes that we made
and show you where we are going to go from here. Mr. Patte said
if that is the procedure, seems that there should be a public
hearing.
Mr. Weber stated that we shouldn' t lose sight of the fact that
this is a reduction in the existing zoning density
permitted. . .permitted zoning as it stands would allow over 2000
campsites . Whatever is decided will be a reduction in that
number. Mr. Patte said he would take issue with that, don't
think there has been approval for 2000 sites.
Mr. Hogan said he feels the Board needs to sit down and study the
map and come up with a reasonable density, discuss it with Mr.
Town of Ulysses 5
Regular Town Board Meeting
June 11, 1991
Weber, and reach a decision. When that decision is reached, will
have a public hearing.
Mr. Reitz moved that the Town Board accept the map as produces by
Mike O'Cello as an accurate scale map of the Spruce Row Campsite
PUP, seconded by Mr. Weatherby.
•
Discussion ensued and was decided that all present , Mr. Weber,
Mr. Patte and local residents, and the Town Board needed time to
look over this map. Mr. Patte said if you are talking about
expansion, that same kind of map ought to be produced for
whatever expansion you are talking about , so it 's on paper. Mr.
• Reitz said copies will be made available. Mr. Patte said he •
isn' t talking about this map, but a map showing any proposed
density that you are discussing, on paper, a new map showing the •
-• outcome of what you are proposing, so that map is there for the
•
Town record. You are talking about 182 sites that are apparently
there now, you are talking about expansion on top of that; those
expanded sites are shown. . .where will they be. . .all the questions -
that arise as to an accurate map as to any new expansion. . . the
new numbers of campsites. That is what the zoning law requires,
so would think that has to be produced before a public hearing so
people can see what you are talking about .
•
Mr. Hogan said there is a motion on the floor, any further
discussion. . .Mr. Reitz said in the interest of time, I will move
that we table action on this motion, at this time, seconded by
Mrs. Duddleston. •
Mr. Hogan Aye
Mr. Reitz Aye
Mrs. Stover Aye
Mrs. Duddleston Aye
Mr. Weatherby Aye
•
Approved.
Auble Annexation. •
Mr. Hogan said the Town has received a petition from Mr. Auble to
rezone the 38+ acres that he owns in the Town of Ulysses to
commercial . Mr. Reitz moved that the Town of Ulysses accepted
the petition from William J. Auble for an amendment to the Zoning
Ordinance as of June 11, 1991, seconded by Mrs. Duddleston.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs. Stover Aye
Mrs. Duddleston Aye
Mr. Weatherby Aye
Approved.
Mr. Hogan stated that this document has been given to the Town
Attorney as of June 10, 1991 for review. Mr. Hogan asked David
Auble to reiterate his discussion with Mr. Rachun.
Mr. Auble said he met with Mr. Rachun to discuss the concept and
get his input. Discussed the pros and cons of a development
district vs a business district. Still studying which
alternative and would like to continue with the petition until we
TWISSMEIr
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Town of Ulysses 6
Regular Town Board Meeting
June 11 , 1991
determine what exactly to ask for. Couple of questions. . .why are
it we asking for the entire 38 acres as a business
district . . .basically the way I interpret the zoning regulations,
a business district allows for residential also, so it gives us
flexibility of both residential and business. Not saying that we
are developing the 38 acres as business, don't think there is a
demand for that now or in the near future, since we are doing
• development in the Town vs what we originally proposed in the •
Village, don't have access to water and sewer so it really
_'• creates a situation that we will need more land for each business •
or home that goes on the property because of the requirements of
septic and wells . Obviously it would be a much less dense plan.
Haven' t had a chance to work with Mr. Rachun on a plan, and don' t
know who would actually want a business there so, when you are
designing for a business you have to conform to what the tenant
•
wants . . . that will be a big factor in the final site plan that we
present. If there is a way that the development district can be
designed with that kind of flexibility, we would certainly
• consider that alternative as opposed to a business district.
Have completed our topographical survey and done conceptual site
plans and are prepared to the SEQR requirements. . .plan to
continue the normal procedures for rezoning as required by the
• Town of Ulysses regulations between now and a public hearing and •
hope to have the public hearing as soon as possible.
Basically motivated to continue this by the support the Town has
shown for our plan that we have presented in the past several
meetings with the Town and the Village. Feel at this time we
should start the project without the Village water and sewer and •
hope that the Village will see the benefits that are generated.
Mr. Meskill asked the Board if they have an approximate time
table as far as SEQR review, public hearing? Mr. Reitz said that
• as far as SEQR, we have accepted this document, within 20 days we
have to determine who will be lead agent and within 30 days or
after, determine what type of environmental action. The Town
Board can tonight determine that we are the lead agent and •
determine the type of action. Believe it will be a Type 1 action
since it is over 25 acres.
Mr . Rachun said there are a number of thresholds that would make
it a Type 1 action; the first would be taking land out of an
agricultural district . Mr. Hogan asked the period of time
involved. Mr. Rachun said that he is not well advised in terms
of changing a district , has looked and can't find information in
any of the law books, or zoning books . . .when a request is made to
change a district who handles it , that is why I suggested you
seek council . If it does become a function of the Town Board to
• be lead agency for SEQR it is going to be a Type 1 action and
probably will be a draft DIS; that's a big chunk of land to ask
for rezoning, and if that's the case then we are look at some
time, certainly 90 days wouldn't be out of the question.
Mr. Reitz said think I am correct that 20 days after this the
Town Board has to determine who will be lead agent in the
proposal . Asked who we are looking for this advice on lead
agency. Mr. Rachun said think you are ok with SEQR, my question
with town law is in district changing, amending the zoning
ordinance, the function is not clear in changing from one use to
another use. Mr. Reitz suggested that it be strongly recommended
to the Town Attorney to try to get back to the Board within ten
days from tonight on issues raised by Mr. Rachun.
Mr. Rachun said he can't find anything in our Town Law or zoning
who is responsible for overseeing this . . .Mrs . Georgia asked,
'because it is over 25 acres?' . . . 'or at any time. ' Mr. Rachun
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Town of Ulysses Y
Regular Town Board Meeting
June 11, 1991
said, at any time. Mrs . Georgia said it has been done in the
past , so we aren' t going to follow the same procedure? Mr.
Rachun said he is aware of that. . . just raising a point, that it
isn' t spelled out anywhere.
.. Mr . Hogan said have to do this correctly, regardless of what has :'
happened in the past . Mr. Auble asked if BEAR would be done now
,; as in the past . . .Mr. Reitz said pretty much, except this exceeds •
the threshold, which it did not exceed before, the 25 acres . The
previous business district was six acres . This is the first time
we are stepping over the threshold. Mr. Hogan said we will .
discuss this with the Town Attorney and ask for his direction.
Water Study •
Mr . Hogan announced that there would be a meeting tomorrow, June
12 , at the Biggs Building at noon with the County Planning Dept .
and the Water Survey Committee. Will have further information at
the next meeting of the Town Board. Mr. Reitz said this meeting
might help us find sources of grant monies to bring water to
parts of the Town where needed. Mr. Mason said that there is
County money available to assist municipalities in planning water
districts .
Qenior Citizens Cable TV Discount
• Mr. Hogan reported that he had talked with Ms Lukens at ACC and
the senior citizen discount has been approved for the Village if
they wish to pursue it. Mr. Meskill said it amounts to about one
dollar a month and the paperwork is substantial and we are pretty
overloaded in the Village Clerk's office right now. If we are
• going to get only a couple, three requests, not a big deal . The .
Village has not made a decision as yet. Mr. Reitz urged the
1 Trustees to discuss it and let the Town know their decision.
Makes sense if both municipalities agree upon what to do, will
avoid confusion. Mrs . Georgia will call Kathy West to see how
many aged exemptions exist now.
Mrs . Georgia said another matter for Mr. Meskill . . . the Village
and Town Boards passed a resolution regarding the Youth
Commission. . . that all the paperwork, etc. would be done in the
Village Office. At the last Youth meeting, the Village Clerk was
not amenable to this . . .the reason it was arranged this way was
that the Village Clerk, who does payroll , etc. was more
accessible than is the Town bookkeeper. I have committed the
Town bookkeeper to do the payroll and feel it needs to be
resolved between the two municipalities . Mr. Meskill expressed
confusion between the UYU and the Youth Commission. Mrs. Georgia
tried to explain the difference and how the reimbursement system
works .
Jacksonville Water
Mr. Reitz reported that he had received a response concerning the
groundwater monitoring being done in Jacksonville. The overall
plume has shrunk substantially. Three of the homes on the
outside perimeter of the plume are showing in the monitoring
wells, absolutely clean.
Mr. Rachun said he had checked the empty homes on the request of
Mr. Reitz , and that they had definitely been vandalized.
Contacted Mobil Oil Corp. , was told that an engineering firm had
been retained to deal with the problem. . .and they have put
together a list of recommendations for Mobil Oil . Our concern is
that we don't want to have Mobil Oil come in and board these
homes up and make it look like a ghost town. . .they have come up
with a pretty good plan. Basically, whatever you can see from
Town of Ulysses 8
Regular Town Board Meeting
June 11, 1991
the road, they are going to repair and keep as is; what you can' t
see they will board up [broken windows behind the homes] . They
have retained services to trim hedges, do lawns, and try to make
these houses look a part of what remains usable.
Mr . Reits said there is still a substantial amount of
contamination around the homes between what was O'Neil 's and
Hughes. . . outside of that is showing clean. Mr. Reitz will
contact Mobil Oil concerning testing of wells and number of
months that they need to remain clean prior to Mobil selling.
HEW BUSINESS
Personnel Policy
Mr. Hogan distributed the rough draft of the revised personnel
policy to the Board members and suggested that they review it .
Mrs . Duddlenton suggested a Special Board Meeting. Mr. Hogan
pointed out the change to take effect July 1, 1991 regarding the
health insurance. . .that insurance to a newly hired person after
that date will be single coverage only and they can pay the
difference between the single coverage and dependant coverage.
Mr. Reits said that he appreciates the time the Personnel Policy
Committee has spent on this document and agreed that it should be
reviewed at a Special Board Meeting. •
REPORTS
Town Clerk - Mrs. Georgia reported that for the month of May fees
collected were $1, 451. 50 of which $821.50 was turned over to the
Supervisor.
Used Town Clerk's new software package for the month and printed
out reports and balanced. Also, have contacted Don Franklin
about the new house numbers. Will go to the County to make these
changes, just a matter of finding the time and having my Deputy
put in extra hours. Except for a few roads at the lake, all
others are complete.
Mrs. Georgia reported that Anna Wood, Tax Collector has turned
over to the Town Bookkeeper $12,740 .25 . . . the breakdown of that
is: $2,500. original start up for Super 7; $4, 952. 77 in interest
on Super 7 account; $4, 263.04 in penalties/charges . There was
$2,500 . anticipated revenue from tax penalties/interest. . .getting
far more than that . . .if at all possible with this additional
revenue if we could do some up-dating on the computer. Doing
taxes and house numbering and etc. it is extremely slow. It is
five years old and need to do something.
Highway - Mr . Meeker reported they helped the Town of Ithaca haul
hot mix; mowed roadsides, attended Highway School for two and a
half days, helped Village, did ditch work, starting to trim and
spray around guardrails, etc. . The new loader is here; sold the
other for more than anticipated.
Zoning/Building - Mr. Rachun reported two new starts for the
month, seven for the year. Total of starts $165,000.00. Total
of six permits issued, construction costs $260,000 .00, total fees
received $594.00.
Planning Board has been busy putting together some of the
development district requests. Are to vote on Site Plan Review
tonight. . .and will probably be passing that onto the Town Board.
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Town of Ulysses 9 "°
Regular Town Board Meeting
June 11, 1991
Master Plan Committee are to meet tomorrow night.
Board Reinhart
Mr. Reitz up-dated the Board on the retirement reception being
planned for Jim Rice. Will be held Monday, June 24 from 7-9PM at
the Town Hall . A plaque has been ordered, invitations sent.
Correspondence
Mr. Hogan received the following correspondence: Town of
Washington, Tompkins County Youth [summer hire] , Dept. of
Planning [re: Open Space] , Village Police, T-burg Central School
[re: using space for public hearings] , TC Planning Board agenda,
Assoc. of Towns, Cornell Cooperative Extension, Mrs. Crass [re:
RT 89] , Elizabeth Dialer [re: wrap-up on withdrawal of Article
78] , Board of Equalization & Assessment, Chamber of Commerce
[funding for Fireworks] , DOT [response to Hogan's letter re:
Shursave] , Human Services Coalition, ACC, TC Econ. Advisory
Board. There was also a letter from Chris Gunn, board received
copies. . .Mr. Reitz said regarding that letter; we comply with at
least three out of the five items recommended. . .one that perhaps
is a good idea is to set a date that applications will be
received. Have a real problem with Item C. . . letters of
application should be posted in public space. . .think we should
check into legal ramifications of that. Mrs. Georgia said she
had talked with Hugh Hurlbut, County Personnel , who will not put
his opinion in writing. Intend to get an opinion from the Assoc.
of Towns on letters of intent and resumes/when they come in for
appointed positions/or copies given out. Basically the
interviewing process does not have to be open to the public. Mr.
Reitz said apparently Village Govt . is different.
Mr. Hogan said a firm deadline for applications. . .don't see a
need for that . . .never put a deadline on it because we have always
had trouble getting people interested in various positions ! Mr.
Hogan will reply to Mr. Gunn's letter.
Hearing no further discussion, Mrs. Duddleston moved to an
Executive Session to discuss a personnel matter, seconded by Mr.
Reitz . Unanimously approved, the meeting of the Town Board was
closed at 11: 10PM and moved to Executive Session.
The Executive Session was adjourned at 11 : 25PM and the Town Board
meeting was reconvened.
Mr. Reitz moved, seconded by Mrs. Duddleston to adjourn the
Regular Town Board Meeting to Tuesday, June 25th, 1991 at 5:00pm.
Unanimously approved. Meeting adjourned until June 25th, 1991.
Respectfully sukmitted,
Marsha L. Georgia
Town Clerk
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TOWN OF ULYSSES
PLANNING BOARD MEETING •
JUNE 11 , 1991
7 :30 P.M.
PRESENT: Chairman David Tyler ; Planning Board Members -
Budd Stover , Geraldine Keil , Gerald Perkins, Seville
Reulein ; Secretary Rita Brown ;
The Planning Board Committee met at 7:30 p .m. at the Taughannock •
Handcrafted Log & Timber Construction PUD site on Park Road to view
the location of this proposed business.
The Planning Board Committee then resumed the meeting at 8:05 p .m. at
the Village Office . Discussion was directed toward the Moore PUD.
Dave Tyler announced that he had received , the results from County
Planning and the Health Department . The Hearth Department wrote back
indicating their only concern was " that the drainage from the interior
floor drain pipe needs to be controlled. Oil , grease , antifreeze and
degreasers should be collected _ in a. separate, .disposal . " This had
already been made part 61 the -application ; id those concerns have been
met . In the memo from the County Planning Department , items included
• in their comments were : Part A 05 - Indicated that the slope seems
too high . Part A, 011 - Does protect site contain any species of
plant or animal life that is identified as threatened or endangered? •
It was discussed that we don' t have any endangered species on the
site . We are looking at Just the reuse of an abandoned building . The
County Planning Department also commented on 'the location of the •
Diatrene . It is located approximately 1900' East North East of the
store . Given the fact that the Diatrene is not located at the project
area, its location is not considered to be a threat to the Diatrene .
A motion was made by Seville Reulein to approve the application as
submitted with the following modifications :
1 ) the line of the PUD, north of the shop , shall not be the
property line as shown on the sketch 3A in the application
but shall be realigned to be parallel with the north wall
of the former Poyer Shop , at least 20 feet there from and to
be approximately 30-33 ft . distant from the south wall of
the residence , north of the shop .
2) description of activities to be performed per stipulation
with applicant during May 7th hearing. "Small marine engine
repair shop , franchise for sales of marine motors, parts and
accessories. "
The motion was seconded by Gerald Perkins.
Dave Tyler called for a vote as follows:
Budd Stover aye
Gerald Perkins aye
• Geraldine Keil aye
Seville Reulein aye
David Tyler an
Reasons for the approval :
1 ) appropriate use of existing commercially oriented structure ;
very similar to prior use as lawn mower repair shop and
orchard sales.
2) no different impact on neighborhood from prior use which
existed by special permit .
3) close proximity to lake .
4) no objections from neighbors and support of prospective
neighbor .
•
•
•
Reasons for modifications , !
1 ) change of description per stipulation with applicant .
2) change of north line arose out of the committee's concern
for a proper buffer and separation between the residential
•
and commercial uses,
3) survey of record of the residential parcel shows 4 .6 ft .
distance between southwest corner of house and existing south
property line .
•
We hereby refer this application to the Town Board as lead agency.
Dave Tyler announced that the Planning Board Committee will be the
supervisors for the Master Plan Committee . When the master plan gets
further along, the Planning Board needs to get involved with the
discussions.
The next meeting will be Tuesday, June 18th . The meeting was
adJourned at 9x15 p .m.
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TOWN OF ULYSSES ,\
PLANNING BOARD MEETING
JUNE 18, 1991
7 :30 P.M.
PRESENT: Chairman David Tyler ; Planning Board Members -
Budd Stover , Geraldine Keil , Gerald Perkins , Seville
Reulein , Richard Garner ; Secretary Rita Brown ;
Zoning/Building Insp . - Alex Rachun .
The meeting was called to order at 7:40 p .m. Minutes of the Jun: 11th
meeting were read. Geraldine Keil made the motion to approve the
minutes ; seconded by Seville Reulein . All approved with the exception •
of Richard Garner who abstained as he was not present at that meeting.
Discussion was directed towards the Site Plan Review. In review, the
Site Plan was voted on April 8th . As there was one negative vote and
•
not all members were present , the Site Plan was tabled for further
discussion . Dave Tyler reminded the Committee of what elements may be
included in a Site Plan as taken from the Town Law, 274-a - "Planning
board approval of site plans and certain uses . " "Such elements may
Include parking, means of access, screening, signs, landscaping,
architectural features, location and dimensions of buildings, impact
of the proposed use on adjacent land uses, and such other elements as
may reasonably be related to the health , safety and general welfare of
the community. " The committee had covered all of the above areas. •
The committee had not specified any other elements that needed to be
touched on at the time , and left space for items to be added as
needed.
Richard Garner asked a question regarding Section 315. It reads
"Within 45 days of the conclusion of the hearing, the Planning Board
shall act on it . If no decision is made within 45 day period, the •
preliminary proposal shall be considered approved. " He asked if the
Planning Board had the option to ask for longer than 45 days should •
there be some things the Committee is restling with . Dave Tyler
explained that the statute states that we have to act within 45 days
and that's why it is stated "of the conclusion of the hearing. " When
the file is complete in our hands, we have 45 days from there and this
time is quite generous.
Richard Garner also brought up for discussion multi -phase projects.
The concern he had with approving multiple phases, that may be over
four or five years, by granting approval to do that , you are locking
• other possible developers out of the community, as they have to sit
back and see if that protect is ever going to happen . It was decided
that that could be controlled when approving a PUD . The Committee
might be reluctant to give approval for projects that go on that long
and may only approve for maybe the first phase and then have them come
back before the Board for further approval of the other phases .
Another concern brought up for discussion was who looks into whether
there is financial approval to complete a project , how do you
determine if a project will be a success, in looking out for the
community. It was discussed that that is not up to the Planning
Board, but it is something that could be asked by the public at the
public hearing. Another thing that could be done is put a time limit
on the approval . The majority of projects that fail because of
financial difficulty , usually another developer will come along and
pick up on that project .
Being no futher discussion , Richard Garner made a motion that the Site
Plan Review be approved by the Planning Board as stated in the April
8, 1991 Draft . Seconded by Geraldine Keil .
Further discussion - Gerald Perkins asked if this was geared Just
towards commercial . Dave Tyler indicated that this excludes
residential and agriculture as per stated in section 310 . 2 of the Site
Plan Review. Dave Tyler explained that It Is geared towards new
projects , like multi -unit dwellings , business, educational ,
Institutional - anything that Isn ' t covered In a PUD. It is focused
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at a type of project , not towards a particular type of investor , Dave
Tyler also pointed out that Section 318 (Short procedure for certain
Site Plan Reviews) is a provision to make it easier than PUD' s, gives
us the ability to act quickly and protects the little guy.
Being no further discussion the committee voted on the Site Plan
Review.
Geraldine Kell aye
Seville Reulein aye •
Gerald Perkins nay
ri Budd Stover nay
Richard Garner aye
Dave Tyler aye .
It should be noted that Roland Reynolds moved and voted In favor of
the Site Plan Review at the April 8, 1991 meeting.
The Site Plan Review will be turned over to the Town Board for action .
Copies of the Master Plan were given out to the Planning Board '
members. Dave Tyler asked the Planning Board to read over the Draft
• of the Master Plan , make comments and get them to Glen Applebee' by
• Friday to be included in the next Draft .
Discussion was then turned to the Pleasant Grove PUD. Dave Tyler
indicated that we had received a letter from County Planning. County
Planning stated "The proposal as submitted will have no significant
deleterious impact on intercommunity, county, or state interests. As
such , no additional recommendation is indicated by the Tompkins County
Planning Department , and you are free to act without prejudice .
Please submit a copy of your decision so that we can make it a part of
the record. " Other comments made by County Planning were : "The two
curb cuts onto New York State Route 96 will reduce the carrying
capacity of the State highway and create traffic problems at closely
spaced ingress and egress points. One access point is sufficient but
it must have a reasonably wide entrance and exit lanes to allow for
safe traffic flow if one line is blocked. The access point must have
good distance and signage to allow for safe entry onto high speed
traffic . " After discussion it was decided that the Planning Board
needs to ask Mr . Gulledge to come to the next Planning Board meeting
to discuss these comments.
The next Planning Board meeting will be Monday, June 24th at the
Village Conference Room to discuss the Pleasant Grove PUD and the
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TaughannocK Log Home PUD. The Planning Board meeting was adjourned at
9: 15 p .m.
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. 6 •
TOWN OF ULYSSES '
PLANNING BOARD MEETING
JUNE 24 , 1991
7 :30 F .M .
PRESENT : Chairman David Tyler ; Planning Board Members - •
Budd Stover , Geraldine Keil , Gerald Perkins , Seville
Reulein ; Secretary Rita Brown ; Zoning/Building Insp . -
Alex Rachun . C.
OTHERS PRESENT : Don Christian , John Graves .
The meeting was called to order at 7 :40 p .m . Minutes of the June 18th
meeting were read . One correction to the minutes - " It should be
noted that Roland Reynolds , who was absent this date , moved and voted
in favor of the Site Plan Review at the April 8 , 1991 meeting . "
Geraldine Keil made the motion to approve the minutes with correction ;
seconded by Gerald Perkins. No further discussion ; all approved . .
Monday, July 1 at 7:30 p .m. was set for the next meeting .
Discussion was directed toward the Taughannock Handcrafted Log &
• Timber Construction , Inc . PUD . Mr . Christian and Mr . Graves were
-. present to answer questions . The first concern expressed was the fact
that Taughannock Park borders the property on two sides and it is
normally not wise to put commercial next to preservation (park lands) ,
Mr . Christian indicated that this is a unique business , not a high
intensive business . They are working on a small home now, but the
previous eight months were spent building one house . He also
indicated that this is also educational . They have people from
• elementary schools come to visit . He doesn' t feel that his business •
is much different than a farming operation , he is building a house
that will last many years , and making good use of our resources . Mr .
Christian indicated that he had spoken with Don Oliver of the State
Parks and that they have a very good working relationship with the DEC
as they go through the DEC to obtain their logs . He explained that
once they determine how many logs they will need to build a structure ,
they hire a logger in the Adirondacks . They also meet with the DEC
members for advice. Mr. Christian indicated that they had had no
negative feedback from the State Parks . Alex Rachun expressed that
the park did have some concerns and they would be forwarding them on
to us . Their main concerns were noise and the trucks in regard to the
number and the weight . '
The second concern is heavy trucking and what routes would be used .
Mr . Christian indicated that the truckers make the decision what main .
routes they take , he can only give local directions .
..% Mr . Christian gave us a run down on what kinds of equipment he would
have on the site . He will have 1 10-ton National truck with a crane . •
It has a 60' boom which folds up on the bed of the truck . It runs off
gasoline . There would be no other heavy equipment . He has been in
business for 10-11 years .
The Committee was concerned with spillage of chemicals which are used
to preserve the logs and asked what kind of chemicals were used . Mr .
Christian indicated that they use a preservative that is made of tree
and vegetable resins and has no chemicals in it . They paint one coat
on the logs once the house is assembled . The homeowners then paint
two more coats on it (with the same stuff purchased from Mr .
Christian) when the house is up . Dave Tyler asked that they bring a
. label from one of the cans to next weeks meeting . The only other
residues are bark and sawdust and that they will sell or give away .
They indicated that they assemble 3 - 5 homes per year . It averages
two trucks per month .
"What do you anticipate the noise level to be?" One of the things
that was attractive was the fact that there is no one around and the
location sits down in the gravel pit . They will have to re-grade the
area in order to get the trucks in there and make a flat area to build .
. .
the houses on . Dave Tyler asked that they sketch out what they
anticipate the site to look like to be presented to the Town Board .
•
They indicated that they do have a building , but they are not applying •
for that now. They don 't have money for that right now, maybe in 2-3
years . The building that they have is 60' x 120' . It was suggested •
that they may want to get approval for that now, so they won 't have to
come before the Board when they want to put that building up . They do •
not need water and have their own generator for electricity . 4
Reasons given for "Why this site is appealing to you . " :
1 . Its land that they can afford .
2 . There is no one within hearing distance .
3. Their name is "Taughannock Handcrafted Long & Timber
• Construction Inc . " seems appropriate for this area.
R. Has a good draining surface , won 't have to work in mud .
Will keep the site clean .
This is not a seasonal activity . They work year round . They will
work normal work days and hours . They are a partnership of three
people and then they hire 3-5 people to peel logs . They have no plans
for bathroom or port-a-potty on site . It was decided that next week
we would meet at the site on Park Road and test the noise level of the •
chain saws . There was some questions as to who owns the section of
land that is 31 .8 acres ; it is believed that it is owned by the park
now . •
The Committee began preliminary work on the SEAR form and completed
Part 1 . Next Monday , the Committee will meet at the site of this PUD
• on Park Road and then meet to complete the SEAR application . The
,meeting was adjourned at 9:15 p .m.
S .
•
•
y
1
.:.C :. r - ',: •4 Y.
:f TOWN OF ULYSSES
ADJOURNED BOARD MEETING .
Juno 25 , 1991
Present : William Hogan, Supervisor; Thomas Reitz , Catherine •
•
., Stover , Carolyn Duddleston, Councilpeople; Marsha
Georgia, Town Clerk.
Others Present : Alex Rachun, David Auble. •
Mr . Hogan, Supervisor, opened the meeting at 5 : 20 PM. The topics
of discussion are as follows : Auble project , Bruce Wilson's
legal opinion regarding the Auble project , Personnel Policy , •
Moore PUD [set date for public hearing] , recommendations from
Planning Board re: Site Plan Review [set public hearing] , map for
Spruce Row Campsite.
Auble Proiect .
Mr . Hogan stated that Attorney Wilson told the Town that there is
no particular time-frame to act on this request , we don' t have to
give it to the Planning Board if we don' t want to/but can if we
decide to . Mrs . Duddleston asked if the Planning Board had -'
received copies of the petition. Mr . Rachun said they were aware
of it but didn' t know if they had copies .
Mr . Hogan said we have to decide what step to take next . Mrs . -
Stover asked a couple of questions about Mr. Wilson's letter.
Mr. Reitz asked David Auble if it was William Auble's intention
. to continue on with the petition to make that a commercial .
district . . .know you have talked with Mr. Rachun about the
possible proposal of a PUD.
` David Auble said looking at the flexibility of the business
section. . .what I like about business district is that it allows
residential as well as commercial . Since we don' t have water and •
•
• sewer; the actual site plan is going to have to be designed on
the basis of wells and septic systems . That means spreading
1 everything out more. First step is to get rezoning; to go to the
level of designing the PUD. . .priur to doing test wells would be
•
an expensive exercise. First step is to rezone, then we can do •
• test wells and that would more define the plan.
Mr . Reitz said he feel we have to invoke SEQR, and by going over
the threshold of 25 acres, if you go into a zoning change, we
have to have to determine the lead agent and type of action . If.
you [Auble] had thought about reducing the amount of land to
under 25 acres , it might change the Board's consideration.
David Auble asked what differences if only 24 acres. . .no SEQR?
• Mr. Reitz said there is still SEQR, but the length of SEQR form
is determined by type of action. Mr. Rachun said the threshold
you would be crossing is the 25 acres is also land that would be
• extracted out of an agriculture district; you would be going
through the long form for SEQR. He explained SEQR and
environmental impact statement. Tf the Town Board is lead agent ,
and looks like they will be, they will have to determine whether
this is required [draft environmental impact statement] or not .
David Auble said he has no problem with less than 25 acres . . .say
24 . . .will need room to spread out . . .don' t know water situation •
. there. Mr. Reitz asked if this could be used as a future
I negotiating point with the Village to get water and sewer , . . that
you would develop less than the 38 acres; less than 24 acres?
Mr . Auble said he wouldn't even mind if you want to put some kind
of condition with the Town, that if the Village agrees to water
and sewer, we will go back from the 38 to an agreeable number.
..
Town of Ulysses 2
Adjourned Board Meeting
June 25 , 1991 •
•
There was a question as to this land being in an agricultural •
district . Mr . Rachun said that parcel of land is in a State
mandated ag district .
David Auble pointed out for the record that they are very willing
to go through SEQR process . . .Mr . Rachun said there has to be a
reason to do an EIS.
Mr . Reitz said we can determine that the Town Board will act as
lead agent in a SEQR review process . Mr . Reitz asked Mr . Hogan
if he wanted a motion to designate the lead agent in the SEQR
review process? Mc . Hogan asked Mr. Ruble if it is his intention
to change the petition to less acres? Mr . Auble said at this
time will leave it as it is , if a point comes that it needs to be
modified, will consider that . Mr . Reitz said that Mr . Rachun
pointed out , the question about the ag district, threshold limit
can be one acre out of an ag district requires a type 1 action or •
procedure . That ' s why we have to find out for sure about the ag
district question, otherwise there might be other thresholds that
would imply what type of an action. First thing is lead agency
and the second question is time period of what action there might
be .
• Mr . Hogan said Mr. Rachun is the chief advisor on SEQR. . .Mr.
Reitz said that is correct and asked if a motion was needed to
have the Town Board act as lead agent . . .Mr. Hogan said he wanted
to think about that . Mr . Reitz said that under SEQR, Section
6. 7 . 6 . . . .A1 . . ' if the agency has received an application for
funding or approval of the action it shall determine the
significance of the action within twenty calendar days of its
receipt of the application, and EAF and any additional
•
information reasonably necessary to make that determination. '
Mr . Rachun suggested finding out all the involved agencies , and
then the agency that has the most at stake would be the lead
agency . Once the lead agency is determined, they could determine
the action.
• Mr. Rachun said you have to remember that the only thing you are
looking at is a change in zoning and you have to keep clear in
your mind that an involved agency is an agency that 's going to
•
have some vested stake and has to make a decision and say yes you
can do this or no you can' t do this . The Town of Covert and
Seneca County may be interested agencies , parties that you may
want to make aware of what is going on, but they can in no way •
say this land can or cannot be turned commercial . Mr. Hogan
asked who can, besides us? Mr. Rachun said that is the question
you have to ask; I would say the only discretionary action at •
• this point is being taken by you. . .whether you want that
responsibility down the line, is your business . A change in •
• zoning, like a PUD, rant he handled by an Article 78 . Can
advise, as Mr . Reitz suggested, other interested parties . -
- Mr . Reitz moved to have the Town Board, Town of Ulysses,
designated as lead agency for SEQR review for the Auble proposed
rezoning petition, seconded by Mrs . Duddleston.
Mr . Hogan said then basically we are saying that we have accepted
the petition for the 38 acres and we want to designate ourselves
as lead agency and at some point and time have to decide if we
want the Planning Board to take at look at this , and then also
set this up for a public hearing. Mrs . Duddleston asked if the
type of action is on hold. . .Mr . Rachun said that is a key
question. Mr . Hogan said if that is the case then the developer
would be well advised to change the size of the area . Mr. Rachun
said he will try to get the information regarding type of action
•
Town of Ulysses 3
Adjourned Board Meeting .
June 25 , 1991 ,
and will also look up ag districts .
Mr . Hogan Aye
Mr . Reitz Aye
Mrs . Stover Aye '
,..: Mrs . Duddleston Aye
Approved .
Mr . Reitz said that when Mr . Rachun finds out what type of a
district this is then can determine what type of action it falls
under . Mr . Rachun said he will try to figure that out tomorrow
and get the information back to the Board; pretty sure it will be
. a type 1 action unless the developer is willing to reduce the
number of acres . Mr . Auble said he has no problem going through
the SEQR process . . . looking at the benefits the larger parcel .
• offers vs the smaller . Mrs . Duddleston said we can then turn
this over to the Planning Board. Mr. Hogan said there are people
• concerned about the size of the development . . .personally feel
that a lot of people would accept it if it were smaller than 38
• acres . If it is going to make the process a lot more acceptable •
to people in the community and save you time and money, then in .
the best interest of all , you should consider reducing the size
of this commercial district . Mr . Reitz said that to reduce the -.
• size would mean withdrawing this petition and starting all over ,
• again. That point should be clarified.
, David Auble asked if there was some point at which the public .
hearing could be set , some way to get a time-frame to work with
from our standpoint? Mr. Reitz felt this to be a reasonable ,
request . Need to give our Planning Board and others we are
sending it to some guidelines as to when we expect it back,
rather than sitting on it for months . Mr . Rachun said the normal
�j process is to allow 30 days . Mr. Reitz said he would suggest
hearing back within 30 days of receipt , which would be about July
30th. Scheduling of a public hearing was discussed. . . legal time-
frame, etc.
•
Mr. Auble said our interest is in trying to capture as much of
•
the building season as possible. ,
Mr . Rachun said he would strongly urge the Board that Site Plan
Review be set up for a public hearing before the Auble hearing,
. because the simple matter is that without Site Plan Review there
wouldn' t be a three-step process, there would only be a one step
process , 38 acres of commercial with no zoning review. •
Mrs . Stover said everyone should be aware that the Planning Board
is divided on Site Plan Review and we should go over it very
, . closely. Mr . Rachun said it passed 4-2 .
Mr. Reitz suggested that the Planning Board be instructed to •
report back to the Town Board no more than 30 days after they
receive the material on Auble's petition, and earlier if
possible. This will give the Planning Board and interested
agencies a maximum of 30 days, less if possible. . .at that time we
will set a date for the public hearing. Mr. Hogan said we could
set a tentative date for public hearing now. Suggested Thursday,
IAugust 1 , 1991 .
Mr . Hogan said he would think it a good idea for the Town Board
to sit down with our Planning Board and our Master Plan Committee
and get their opinions on this thing. David Auble said if he
-- could make a brief presentation at that type of meeting it would
be helpful . Mr. Reitz agreed this type of meeting would be good
and suggested Mr . Hogan set that up.
Iq3
Town of Ulysses 4 ,
• Adjourned Board Meeting
June 25 , 1991
Moore PUD
Mr . Rachun said the Planning Board has been meeting on two
requests and one is an approval that the secretary just brought
it . Think it was unanimous on the Moore PUD. The Town Board is
lead agency in SEQR, there are involved agencies and we have
heard back from them and they have said to proceed as lead agency
and make your decision . I felt as technician that it would be a
negative declaration, no environmental impact statement , this is
a low impact business going in and there was a light business
there before; they are requesting that the Board set a public .
hearing date and also forwarded with that Site Plan Review. . . they
have forwarded the vote on Site Plan Review showing that it was a
r, 4-2 vote and a request to set a public hearing for that also.
';r:• Was decided to have the public hearing for the Moore PUD on July
16, 1991 at 7 :00 PM. Mrs , Georgia will advertise. The Board •'
. will read through the Site Plan Review before the next Town Board
• Meeting on Tuesday, July 9, 1991 . At that time a date will be
set for a public hearing.
Spruce Row Map
Mr . Hogan asked if we accept the map as presented by Mr. O'Cello.
Mr. Rachun stated that he was very comfortable with the map. Mr.
-• Hogan entertained a motion to approve the map as the official map
of Spruce Row Campsite and to approve payment to Mr . O'Cello for
his work. Moved by Mr. Reitz, seconded by Mrs . Stover.
Mrs . Stover asked how this will be paid and Mr. Hogan said that
we will pay Mr. O'Cello and bill Mr. Weber for $500 .00 , half of
the cost .
Mr. Hogan Aye
Mr . Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Aye
Approved.
Mr. Reitz asked what would be done next regarding Spruce Row.
Mr . Rachun asked when the Board wanted to start this process for
Spruce Row. . . a SEQR long form will have to be done by the
Town. . . the Town Board is making the request for the change, and
the Town Board has to review the request . . .unique situation.
Weber has now withdrawn all requests . . . the Board kept on and
continued with it , the Board became the developer. It should be
a quick process, do part 1, do part 2 , file a negative
. . declaration, set the public hearing and go with it . The only
thing that would stop it right now, as I see it, would be Mr .
' Weber himself .
• Much discussion took place at various times during the meeting
regarding ag districts and maps .
Mr. Hogan said we still have to determine density [number of
campsites allowed] winter storage, buffers and such. Mrs . Stover
1 gave her formula for determining the total number of campsites .
Personnel Policy
Mr. Reitz suggested including a statement of Affirmative Action
or Equal Opportunity . Also sexual harassment , military leave.
There is also something called Fair Labor Standards. . . if you are
putting together a document , these items should be included. Mr.
Hogan suggested putting in a statement that says we comply with
all State and Federal standards . Mr. Reitz pointed out that
Town of Ulysses / {411 5
Adjourned Board Meeting
June 25 , 1991
people don ' t know what those standards are. Mrs . Georgia said
• that items such as military leave were discussed by the
committee, but sometimes people get wrapped up in who is working
at the present time and fail to think in the future as to who may
come on board. Mr . REitz said there isn' t anything about •
vacancies . . .what is the procedure on that . Mr. Hogan felt that
was more management policy . Mr. Reitz felt an employee has the
right to know how vacancies are filled. . .advancement within .
Mr . Reitz said he can made copies of some single page items from
the Cornell personnel policy manual . Mr . Hogan said he feels
that a simple statement would suffice. . .doesn' t want to clutter
up the policy . Mr . Reitz said he will get the documents and let
the Board make a determination. Another alternative is to post
certain rules/regulations .
•
Mr . Hogan said perhaps we should contact County Personnel and
find out what documents should be posted.
Discussion ensued regarding the proposed Personnel Policy with
changes as follows :
Page 1 . . .WORK WEEK, second paragraph. . .Class "B" employees are to
receive benefits prorated at 50% for regularly scheduled work
tnurs with a minimum of twenty (20) hours per work week.
**REWRITE! !
Third paragraph. . . change in last sentence 'delivered' to 'made
available' .
Page 2 . . . SICK LEAVE, first paragraph. . . re, how does Jeanne
calculate sick time. . .say a person gets sick at noon or two hours
to go to the dentist . . .how is that determined. Mr . Reitz
suggested accumulating sick days by the hour rather than by day.
Would be easier to keep books if you do this by pay period. . . if
you earn eight hours per month then you would accumulate four
hours per pay period. Will check with Jeanne. . .Mrs . Georgia said
she didn' t know if Jeanne kept this on the computer or not .
Second paragraph. . .Mr. Reitz said he has a problem with wording
' shall submit to the department head' . . . recommends using instead
of 'shall ' , 'may be requested to submit ' [also delete
Supervisor' s office] . Also, in the first sentence. . . ' (5) or more
days ' , change to read ' (5) or more consecutive working days ' .
Also, last sentence of same paragraph, change 'shall ' to 'may be
requested to' . Last paragraph, first sentence. . . 'When an
employee goes on an unpaid leave for any reason, he' ; change 'he'
to ' that employee' .
Page 3 . . .HEALTH INSURANCE, first paragraph, add. . . 'added family
plan coverage is available at the employees own expense' .
Second paragraph. . . add the same statement to cover Class B
employees .
Mr . Reitz asked if this applies to new employees to be hired
after the effective date of this policy? Mr . Hogan said Yes .
Mr. Hogan said it wouldn' t be fair to take away benefits from the
existing employees . When this document is adopted it will
replace the one adopted 12/84. Do have to discuss the judge and
court clerk and zoning enforcement office because this was a
condition of their salaries.
•
Mrs . Duddleston questioned giving 50% health benefits to
permanent part time employees . Mr. Hogan said if they work 20
hours a week or more, we are giving them half benefits for
everything else, should also give health benefits . Looked at the
• .
Town of Ulysses 6
Adjourned Board Meeting
June 25 , 1991
hospital personnel policy. . .anyone who works 20 hours or more is
classified as a permanent part time employee, you are entitled to
half benefits ; if the normal work week is 40 hours and you work
30 hours then you get 75% of the benefits . . . they are prorated
based on the number of hours you work.
Q. Mr . Hogan said at this time we only have one permanent part time
1 employee working 20 hours or more.
Mrs . Georgia said that Mr. Meeker requested something regarding
hours of work. . .not sure where to fit it in. . . Page 1 under Work
Week; this is what he does now that isn' t in here, from the
County; ' those highway department employees called in on an
emergency will be compensated to a maximum of one half hour to ■
• travel to work' . What is being done now. . . if the men are called
- at 3 o' clock and can get there by 3 : 30 they are paid from 3
o' clock. . .used as an incentive. Mrs. Georgia read from County
policy ' employees in the highway department who are called in to
• work outside their regular work shift will be guaranteed a
minimum of four hours ' He does not do that now but the
County and Town of Ithaca does have this policy and Meeker is
asking the Board's thoughts on this . The last item is for on-
call people. According to County Personnel . . . if Meeker says to
one of his men you are on-call and can' t leave your house, not
- free to go anywhere. . . that is on-call . Mrs . Georgia said that
most places to pay if you are called in, you get paid for four
hours of work. Meeker said that if they are called in they
usually don' t work less than four hours but still would like the
Board's thoughts . The one he does do now that he would like to
include in the policy. . . the half hour travel time when called in
on an emergency.
Mr. Hogan said he doesn' t see the need of the four hour call-in
pay. . . if it happens only rarely, really doesn' t apply. The half
hour, yes, have him write it up and will be included in policy.
The men he has on board now, no problem. . .but Meeker won't be
superintendent forever, and the same men won' t be there forever,
so really should have the policies spelled out for the future.
Was decided to include the following: Town of Ulysses employees
called in on an emergency will be compensated, to a maximum of
one-ha: hour, to travel to work.
The Board decided to meet at 7 :00PM on Tuesday, July 9, 1991
prior to the Regular Town Board Meeting to discuss the remainder
of the Personnel Policy and Site Plan Review.
Mr . Hogan entertained a motion to adjourn, moved by Mr. Reitz ,
seconded by Mrs . Stover. Unanimously approved the meeting was
adjourned at 8 : 15PM.
• Respectfully submitted,
Marsha L. Georgia
pm
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TOWN OF ULYSSES
PLANNING BOARD MEETING `
JULY 1 , 1991
A 7 :30 P .M .
•
PRESENT : Chairman David Tyler ; Planning Board Members -
Budd Stover , Geraldine Keil , Gerald Perkins , Seville
•
Reulein ; Secretary Rita Brown ; Zoning/Building Insp . -
• Alex Rachun . •
OTHERS PRESENT : Don Christian , Frank Anderson of Taughannock •
Handcrafted Log & Timber Construction , Inc . and Sue '.
Poelvaorde of the NYS Office of Parks .
The Planning Board Committee met at 7 :30 p .m . at the site of the
Taughannock Handcrafted Log & Timber , Inc . PUD on Park. Road . The
committee then moved to surrounding locations to test the noise level
_ of the chain saw in the gravel pit . David Tyler went to Rice Road ,
Seville Reulein , Geraldine Keil and Sue Poelvoorde went to the park
overlook area . The noise from the chain saw could not be heard at
these locations .
•
The Committee then resumed the meeting at the Town Office at 8 :00 p .m.
The minutes of the June 24th meeting were reviewed . Geraldine Keil
r, made the motion to approve the minutes ; seconded by Seville Reulein . •
- No further discussion ; unanimously approved . Mr . Christian presented
the Committee with information on the preservative that will be used .
This preservative is "no more hazardous than nutmeg or caffein" ; there .
is little odor , fills the wood pores ; mandatory in the state of •
California . He also presented the committee with a sketch . He had
•
decided that they would like to include their building in this PUD .
The building will be 60' x 120' , 25' high , open on all sides . They
1 intend to build under this structure . Because adding this building
changes the original PUD request , Alex Rachun stated that Mr .
Christian needs to submit a written request to the Planning Board to
incorporate the building with the plans . He recommended that the ,
sketch be drawn to scale ; it must show to scale exactly where the
building will be located . They must come up with a legal description
of the boundaries as shown by a survey . Mr . Christian also indicated •
• that a port-a-potty would be put on the site .
A list of concerns and questions were submitted by the NYS Office of
Parks . The first question addressed was What happens to the pieces
of log that are cut out? The log chunks will be removed from the .
site . They either take them away themselves for fire wood or give
them away . The preservatives come in 5 gallon recyclable containers .
They will be removed from the property and recycled . Another concern ,
, expressed was the expectations the owner and employees might have to
get assistance from park personnel . Mr . Christian indicated that they
• would not rely on the support from the State Parks personnel . The
other big concern is in regard to traffic . The largest house that was
built was 5,000 square feet and that required six truck loads of logs .
The average number of trucks per month is two . Sue Poelvoorde
indicated that the Park Road was not build to accommodate heavy trucks
and there was some concern as to how heavy the loaded trucks would be .
She indicated that right now there is no weight limit on the road , but
they could institute a weight limit if they felt it would be a
problem. She explained that the road is maintained by the State . Mr .
Christian will call the DEC and find out the average weight of the
trucks loaded with logs . Mr . Christian explained they they use New
York State red pines all taken from the State Forest in the
Adirondacks . The Committee felt that the biggest concern in regards
to community services is that there may be a problem with vandelism .
To summarize , Dave Tyler stated that we need to have a survey showing
the boundaries of the State Park land , and then they could make a
sketch drawn to scale . The next meeting will be Monday , July 8 at
.. 7 :30 p .m . The meeting was adjourned at 9 :25 p .m .
• •
twit
•,
TOWN OF ULYSSES
•
PLANNING BOARD MEETING
• JULY 8, 1991
7 :30 P .M .
• PRESENT : Chairman David Tyler ; Planning Board Members -
Dudd Stover , Richard Garner , Geraldine Keil , Gerald Perkins ,
Seville Reulein ; Secretary Rita Brown ; Zoning/Building Insp .
' ® Alex Rachun .
•ti
OTHERS PRESENT : Don Christian , John Graves of Taughannock •
Handcrafted Log & Timber Construction , Inc . , Jim and Laura
Scott , Bill Housworth ; Andrew Mazzella and Sue Poelvoorde of
the NYS Office of Parks .
The meeting was called to order at 7 :40 p .m . Minutes of the July 1 ,
• 1991 meeting were read . One correction made was that Sue Poelvoorde
went to Rice Road with Dave Tyler to test noise level , not the
overlook . Alex Rachun also went with Seville Reulin and Geraldine
Keil to the overlook . Seville Reulein made a motion to approve the
minutes with corrections ; seconded by Gerald Perkins . No further
discussion ; unanimously approved .
Dave Tyler announced that he would be out of town for two weeks . If
the Planning Board needs to meet , he asked Seville Reulein to chair
the meeting in his absence . If Seville is unable to do this , Budd
Stover will chair the meeting .
A sample of the preservative to be used on the logs was presented to
the Board . Don Christian also presented the committee with •
information on the weight load of the trucks . He received the
information from the senior forester of the DEC . He was informed that
a 18" in diameter , 45' long green red pine tree weighs about 1 ,025
lbs . They put an average of 20 logs on a truck , therefore , the load •
on the truck is approx . 20 ,500 lbs . The truck itself weighs
32,000-33,000 lbs . The total loaded weight is approx . 55,000 lbs .
The legal road limit is 80 ,000 lbs . Also presented to the committee ,
was a revised aerial view map designating the boundaries . Don
Christian went out with Jim Scott and they located the survey pin .
There was no survey map available. This map was a 1964 aerial survey
map from the ASCS office . Dave Tyler asked Andrew Mazzella if the
Parks Office had existing surveys. Mr . Mazzella would check . John
Graves submitted a plan of the building that will be included in the
PUD.
Geraldine Keil asked Andrew Mazzella as representative of the park how
they feel about this project . He indicated that they have no major
objections to the project as presented . He felt that all of their
questions had been answered . They have some concern with future
expansion that may change the character of the operation . Alex
explained that the Town Board requires that the applicant come in and
• submit again whenever any kind of change is going to be made and that
• the Parks people would be notified . Mr . Mazzella indicated that the
Park Road was not constructed for heavy duty use , but given the number
of vehicles that would be going in and out of there , the State Park
engineer did not see this as a problem .
The Board then went through and completed the Environmental Assessment
Form .
Seville Reulein made a motion that the Planning Board accept the
proposal of the Taughannock Handcrafted Log & Timber Construction ,
Inc . PUCI as submitted , subject to the following conditions , to the
Town Board :
1 ) The legal description to be provided by a survey to be
performed by a licensed surveyor shall become incorporated
in the application .
2) A "portable potty" shall be put on the site .
. • . . . •
•
q
• 3) The type of wood treatment to be used shall be limited to
that presented to the Board by the applicant .
4) There shall be an area within the parcel of 50 ft . of trees
along the park line as a buffer .
5) There shall be no solid waste or liquid waste disposal on
site . •
6) There shall be proper storage of petroleum fuels on site not
• to exceed 275 gallons at any one time .
•
7) There shall be no night time operations and weekend
operations shall be only on occasional bas s .
8) The building shall be set back from park boundary 100 feet ,
• and other three boundaries at least 50 feet .
9) The elevation of building shall be as depicted in the
application below the level of surrounding terrain .
10) The building shall be completed within five years .
The motion was seconded by Budd Stover . Being no further discussion ,
Dave Tyler called for a vote as follows :
Geraldine Keil Nay
Gerald Perkins Aye •
• Seville Reulein Aye
Budd Stover Aye
Richard Garner Nay
David Tyler Aye
• Reasons for the approval : •
1 ) We have had input from the Finger Lakes Park Commission and
as stated by Andrew Mazzella : " It is a low impact commercial
activity that will not have an adverse affect on the State
Park as presented ."
• 2) The existing gravel pit is harboring activities that are not
of best interest to community , i .e . garbage being dumped ,
jeeps and 4-wheelers racing around , inviting for parties,
etc .
3) This particular commercial use linked very closely to an
agricultural process .
Reasons against :
1 ) Buffer area to state park lands as being considered by the
Master Plan Committee .
2) May have a negative influence on future surrounding land use
development . •
3) Future impact on community expansion .
4) Juxtaposition of a commercial use with park land which has
been called a "unique-natural area" .
We hereby refer this application to the Town Board as lead agency.
The meeting was adjourned at 9 :55 p .m.
•
TOWN OF ULYSSES
REGULAR TOWN BOARD MEETING
July 9, 1991
• Present : William Hogan, Supervisor; Catherine Stover, Carolyn
Duddleston, Thomas Reitz , Robert Weatherby,
Councilpeople; Paula Mount , Deputy Clerk .
Others Present : Jeanne Vanderbilt , Alex Rachun, David Auble, Jim '
& Rita Brown, Barbara Page, Marty Murtaugh, Dick
Durling, Olen Chase, Carl Mann, Steve Proctor, Antonia . '
Demas , Ruth & Peter Kahn, Marian Boratynaki , Chris
Gunn, Larry Thompson, Town Attorney Bruce Wilson, David .
Tyler, Budd Stover, Ed Moseley, Larry Reverby, Liz & .
Hop Raymond. •
Mr. Hogan, Supervisor, called the Regular Board Meeting of the
Town of Ulysses to order at 8 :07 PM and led those assembled in
the Pledge of Allegiance to the Flag of the United States of
America.
Mr. Hogan entertained a motion to approve minutes of the Regular •
Town Board Meeting of 6/11/91 and the Adjourned Board Meeting of
6/25/91 , moved by Mrs. Stover, seconded by Mrs . Duddleston.
Mr. Reitz asked that the Auble Annexation be referred to as the
Auble Project since the annexation has been dropped. •
Hearing no further corrections, Mr. Hogan asked for the vote. •
Mr. Hogan Aye
•
• Mr. Reitz Aye
Mrs . Stover Aye
Mrs . Duddloston . Aye
. Mr. Weatherby . . Aye
Approved. . . . .. .
Report: Trumansburg Fire Department
I Dick Durling . reported on the monthly activities for the
Trumansburg Fire Department (see report attached) .
Report: Representative James Mason Absent .
Claims .
Mr . Hogan entertained a motion to approve Claims #223-257 in the
amount of $8372 . 62 , moved . by.Mr. Reitz , seconded by Mrs .
• Duddleston. .
Mr. Hogan. Aye •
Mr. Reitz Aye
Mrs . Stover Aye
• Mrs . Duddleston Aye
Mr. Weatherby Aye
Approved.
Supervisor's Financial Report .
Distributed to the Board. Mrs. Vanderbilt reviewed the State
cuts with the Board. The Town will receive 39% less than •
received last year. . .divided up in different funds . The State
has restored some "CHIPS" money to us . This money cannot be
shifted . to .other accounts .
Hearing of Delegations & Individuals
Mrs . Demas asked if the Board would be discussing the appointment
•
•
•
TOWN OF ULYSSES 2 •
REGULAR BOARD MEETING
July 9, 1991
•
of Jerry Perkins . Mr . Hogan said that could be addressed under
Old Business/Personnel Policy.
OLD BUSINESS
•
•
Spruce Row Campsite •
Mr . Hogan said the density issue needs to be discussed and
decided and a date set for a public hearing. Entertained II
discussion from the Board. Mr. Reitz reiterated history of
Spruce Row. There are 40 acres left to develop; the density is
around five or six, which far exceeds State mandates . Need to
•
review map, determine maximum number of sites and if we want to
include, as recommended by our Planning Board, the pond, house,
whole lower area and extend and include that area in our legal •
description of boundaries . Hearing no further input Mr. Hogan
entertained a motion to table this item until the next Regular
Town Board meeting, Mr. Reitz moved, seconded by Mrs . Stover who
added that Mr. Weber should be asked to attend.
Mr . Reitz said the Board members should consider two things;
• first of all the SEQR action that we have to take on this and
second, come up with a formula for density so that we can move
and act on this issue.
Mr. Rachun stated that if the Board takes into account the
• Planning Board recommendation of adding the pond and house to the
development district , that is land extracted out of an ag
district , which would mean that it is a Type 1 action and as
such, under SEQR, County Planning would be involved and possibly
the Health Department . . .especially if you are adding to the
density. My concern would be that if we keep tabling this issue,
and don' t get focused on SEQR, this will drag on forever.
Mr. Reitz said it is clear that the Town Board would be lead
agent . . .Mr. Rachun concurred. Mr. Reitz asked if a motion had
ever been presented to that effect . . .Mr. Rachun said that is for
• the Board to decide. . .you are the lead agency because all other
agencies have only partial concerns . Mr. Weatherby asked what it
would take to get this going. Mr. Rachun said Mr. Weber has to
fill out Part 1 of SEQR and he should be advised of that , which I
will do. If you include the land the Planning Board says should
be included, and I think Mr. Weber wants included, then you will
have a Type 1 action. . .we know that now; so from this point on as
lead agency, we are going to have to coordinate with County, get
SEQR [at least Part 1] done; tentatively get Part 2 done and get •
it out to the County and Health Dept . for input so that you •
•
• [Board] can make a decision on it .
•
Mr . Reitz asked Mr. Rachun if [per request at last Board Meeting]
he had started the action on this . Mr. Rachun said he has Part 2 •
filled out but Mr. Weber has to do Part 1 . . . as developer. Mr.
Reitz asked if the Town or Mr. Weber was the developer. . . think we
are the developer, as previously determined. . . so we are to fill
out Part 1 and 2 . Mr. Rachun will work on this .
Mr. Reitz withdrew his motion to table [if agreeable with the
second/Mrs . Stover agreed] so we can at least move on lead agency
and start SEQR action. Mr. Reitz moved that the Town of Ulysses ,
under the Spruce Row Campsite be the lead agent under SEQR
review, seconded by Mrs . Duddleston.
Mr . Hogan asked if the density issue had to be determined. . .Mr.
Rachun said it makes it very difficult to do SEQR, Part 1 until
density is determined. Mr. Reitz said his motion is to take up
lead agency.
•
ria
TOWN OF ULYSSES 3
REGULAR BOARD MEETING
July 9 , 1991
Mr . Hogan Aye
Mr. Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Aye
Mr . Weatherby Aye
Approved .
Mr . Reitz said that now that the Town has become lead agent ,
perhaps we should instruct our SEQR technician to start filling
out Parts 1 & 2 .
Mr . Hogan suggested a meeting prior to the next Regular Board
Meeting and sit down with Mr. Weber and get this density issue
resolved. Mr. Hogan will contact Mr. Weber and see when he is
available. Mr . Reitz reminded Mr. Hogan that there is a meeting
with the Village on July 24th, also a tentative date of August
1st for public hearing on Auble Rezoning. Mr. Hogan said he will
try to set this up for Tuesday, July 16th following the public
hearing on Moore PUD.
Site Plan Review
Mr. Hogan asked if the Board had a chance to review the Planning
Board's recommendations on Site Plan Review; introduced Mr . David
Tyler, Chairman of Planning Board. Mr. Tyler said the Planning
Board was charged by the Town Board to look at the issue of Site
Plan Review in December 1990 . Had many meetings and came up with
document before the Board, with our recommendation for approval .
Doesn' t apply to one or two family dwellings, accessory
structures, ordinary repair/maintenance of existing
structures . . . etc. [See Site Plan Review document in Town Office] .
Mr. Tyler stated that this is basically to ensure that a parcel
is developed in harmony with its surroundings, and get community
input into that process; thus there might be something the •
developer hasn' t thought of . . . and that type of input would go
into this process . What Site Plan is , it is not a substitute for
zoning; it 's not zoning at all . It takes a parcel that is
designated for a certain use, and says OK this parcel is zoned
for this , a person is going to build, say a ten unit apartment
building, how is that building going to set on the site, what are
the amenities going to be for parking, walking, traffic flow off �.
main highway, etc. , and that is what this Site Plan Review does,
it gives community input into that particular project before the
building permit is issued.
Most of the municipalities in Tompkins that have a building
ordinance do have Site Plan Review. One is not the substitute
for the other, but they work well together. This vehicle allows
for the intelligent development of a permitted use on a
particular parcel of land.
Mr . Hogan said one of the reasons we asked the Planning Board to
work on Site Plan Review was because of the ShurSave. . . if we had
Site Plan Review in place. . . the lighting is a problem, access to
the store is a problem. . . if we had had Site Plan Review at the
time perhaps those things would have been taken care of, rather
_• ® than trying to take care of them now, after the fact .
Mr . Tyler continued. . , if , in this review process , the Planning
Board feels it doesn' t have the expertise, we will [the Planning
Board] hire, at the developers expense, a consultant on the
particular issue. If the Planning Board requests the developer
to hire a consultant so the PLanning Board has more information
to make its decision, and if , as a result of that consultant the
Board gained information and then turned the applicant down, in
all fairness , the Town should take the responsibility of paying
• ... F•` .. . - 'mil'. Yip. Y .. 1 .r•I I. .• • I•. r. ')l :'�.• I _I. .. I• • . .. 1 ')
TOWN OF ULYSSES 4
REGULAR BOARD MEETING
• July 9, 1991
•
the bill for the consultant . This would be a fair balance. . . the •
Planning Board would have to keep in mind that if there was a
negative result , it would financially impact on the Town.
We remain a volunteer Board and do not expect compensation and
will continue acting as in the past .
Changes suggested by Town Board as follows : •
pg . 1 . . . Item 310 . 2 . . . 1. In all circumstances, construction and
repair/alterations of one or two-family dwellings and ordinary
accessory structures, and related land use activities.
• pg. 3 . . . (top of page) b. . . Information drawn from the following
Preliminary Site Plan Proposal checklist to the extent that it is
• available and applicable:
pg. 5. . . second paragraph. . . change 5 days to 15 days before the
date of the public hearing .
Mr. Tyler concurred with these changes. Hearing no further
comments Mr. Hogan entertained a motion to approve Site Plan
Review. Mr. Reitz moved to approve Site Plan Review as amended
and to schedule a public hearing to receive comments; seconded by
Mrs . Duddleston.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs . Stover Nay
Mrs . Duddleston Aye
•
Mr . Weatherby Aye
Adopted
The Town Board scheduled a public hearing for Monday, July 29,
1991 at 7 : 30 PM in the Town Hall . This will be advertised
immediately in the Ithaca Journal and Trumansburg Free Press .
Auble Protect
Mr . Hogan stated that activity, such as grading the land, has •..
been taking place on Mr. Auble's property and asked Attorney
Wilson if this presented any problem. Mr . Wilson stated that
• what he is doing right now, grading the land, does not require
• permits . He is not in violation at this time.
Mr. Reitz asked about top soil resale, perhaps we should make him
aware of Section 3, page 7 of the zoning ordinance. Mr. Wilson
stated that he is not aware that is happening. Mr . Rachun said
that Mr. Auble is not violating any zoning ordinance. Mr. Wilson
said that if full excavation occurs then would need permits . If
resale is occurring, to let him know. Mr. Hogan asked what the
next step should be. Mr. Wilson said you have to fill me in on
the facts . . . is he still doing what he was doing out there?
Depends on what you are asking. . . if you are seeking an injunction
and at this point he isn' t doing anything, there is nothing to
enjoin. If you wish to pursue it as a violation of extraction of
natural products , and you can establish proof of it . . . at this
point I don' t see as an injunctive relief , don' t see what you
would get from it .
Mr . Gunn said that the acreage has been stripped. Mr. Hogan
stated that it is zoned agricultural . . .we can' t order the
activity to stop unless we prove there is a violation. Mrs .
Raymond stated that she had photographs of the removal of
dirt . . . trucks hauling dirt . Mrs . Kahn asked if this evidence
could be passed on.
.. � .f. . '.'WI ;pi
le,
TOWN OF ULYSSES S
REGULAR BOARD MEETING
July 9 , 1991
Mr . Reverby said the question is whether or not he has done it , .
and there is evidence that has been accumulated by people outside •
the Board, think it would be appropriate for the Board to adopt •
in some formal way to see that evidence , evaluate what is being
done. . .perhaps have Mr . Wilson evaluate it also; then if the •
evidence is presented in a formal way, it 's been evaluated and
people disagree. . . at this point you have Mr. Wilson saying that
nothing is happening and Mrs . Raymond is saying she has evidence .'
• there is .
Mr . Wilson said the Zoning Enforcement Officer would be the one
to take evidence and decide if a permit is required or not in
this procedure. If any evidence is there it should be turned
over to the Enforcement Officer. I am not aware of what is or '
isn' t going on there, I don' t stand outside the site, but if you •
can establish it is violating that section you can get an .
injunction. Again, it comes down to what he is doing. °
Mr. Reverby asked if the Zoning Officer receives this evidence
• . what is the procedure for deciding whether there should be an
injunction at that point . . . does the Zoning Officer then ask the
• Town Attorney or the Board to call for an injunction; or does the
•
Zoning Officer himself issue the injunction? Mr. Wilson said he „
would report it to the Town Board, and they would authorize
whatever court action would be needed and refer it to Council .
Mr. Rachun said the Board of Zoning Appeals is the body that has
the authority to issue special permits , not the Town Board. The
problem is in reviewing this, I in no way consider myself an
expect in handling matters of evidence as far as what is going on
there. . . there is a dump truck full of sod. . . and you have a
picture of that or in some way show evidence that that truck is
physically moving from the site. . . I would have no idea weather
that is permissible in court or not .
Mr. Wilson said that first-hand knowledge of someone who is
willing to testify is admissable in court , but you would have to
establish what is being removed, when it was removed, how
much. . . etc . Basically you would be going to court to stop the
• removal , if it violates that section, because they don' t have a
special permit from BZA.
Mr . Weatherby stated that DEC will allow removal of up to 1000
tons without a mining permit .
Mr . Hogan said then you are suggesting, if there is evidence,
- then it should be turned over? Mr. Wilson said if it is good
evidence, then yes , it should be turned over to Mr . Rachun to
'' compile it , look at it and then report back to the Town Board .
You have to have substantial evidence, prove by a preponderance,
get an injunction.
Mr. Reverby said if the Zoning Officer , Attorney and Town Board
decide this is not sufficient evidence, would suggest that the
reasons why be stated explicitly so that people who are
interested can then go back and keep their eyes open and get
sufficient evidence, if such exists .
Mr. Hogan said if there is evidence, then it should be presented
I to Mr. Rachun. That takes care of what is going on now, what we
need to talk about is the petition presented to the Town Board to
rezone that area. Talked to Mr . Rachun that what is going on up
there changes the picture a little bit as far as SEQR is
concerned. Mr. Wilson said you have a petition before you for
• rezoning. . .stand by my letter of June 17 th in response to your
questions . Have investigated a bit more as to what more will be
required. There is no deadline that this Town Board needs to act
on the rezoning request . If you do act on the petition you do it
or of 2
TOWN OF ULYSSES 6
REGULAR BOARD MEETING
July 9, 1991
like any other amendment to the Ordinance, have a public hearing,
etc . ; and in this case , since it borders on the Village, County ,
you would notify the appropriate agencies . Because it is a
• zoning change and in excess of 25 acres , it is a Type 1 action,
• it ' s a presumptive significance as a matter of law regarding an •
• Environmental Impact Statement .
Mr. Reitz said that 25 acres is under SEQR review for Type 1
• action ; is that what the threshold level is? Mr . Wilson said II t
there are several rules/regulations that cover it , one is Title 6
New York Codes , Rules & Regulations Section 617 . 12 subdivision
B2 , that deals with any zoning change that involves in excess of
25 acres as a Type 1 action is presumptively requiring an
Environmental Impact Statement . The petition clearly states that
it ' s 38 . 5 acres and is intended for a zoning change. You would
also have to refer to County Planning because of your
requirements under the general municipal law regarding L&M. Mr.
Hogan asked which comes first , the SEQR process or the public
hearing. Mr . Wilson said the public hearing would come after the
• SEQR which has to be considered by the lead agency which would be
- the Town Board. You would have to refer it to County Planning
for input and you have a time limit in which they get it back to
you. You would have the input from County Planning and can set
up the public hearing, but you also as lead agency simultaneously
request either developer or yourself at least put in a long form,
in my opinion, Environmental Assessment Form. When asking that
of the petitioner, when he returns with that, if it involves more
than 25 acres , then it falls under Title 1 and you would ask for
a full Environmental Impact Statement .
Mrs . Page asked if letters shouldn' t be sent to the Village,
County to ask if they want to be an involved agency. Mr . Rachun
• said an involved agency has to be an agency that is making a
critical decision, or discretionary decision; if they want to be
an active interested party, this is something that is normally
done . Hopefully Environmental Management Council , County level
and CAC on the Village level and the Village of Trumansburg would
be advised of what is going on, they wouldn' t be involved
agencies though because they aren' t making a discretionary
action, they don' t have any authority to make a discretionary
action.
Mr . Wilson said that because this is a legislative action, a
zoning question that changes the statute , the Board really has a
lot of description how they are going to treat it . He is just
petitioning, he has no vested rights . Mr. Reitz said we can then
change conditions of the request? Mr . Wilson said Yes , you can -
rezone what you want , less than what he is asking for , it ' s a
legislative function, not the same process as a BZA or Planning
Board function or special permit process . If you decide to
entertain the request for rezoning then you have to go through
- these variety of things .
Mr . Hogan said Dave Auble and his engineer asked for a meeting
with Mr . Rachun and myself to discuss the Auble Project . This
was the overall concept plan. Mr. Hogan recapped for the
Board. . . as part of the SEQR process , Auble said they would come
up with an overall concept plan for this site and would agree to
stick to that plan in principal if that would help the SEQR
process . As I [Mr. Hogan] understands it , we cannot do that as a II T
condition to SEQR. Mr . Rachun said the request was made by the
Auble engineer to condition a negative declaration on a concept
plan or small site plan; the request was basically made stating
that we would be more restrictive than what would normally be for
a commercial district for the Town of Ulysses . In reviewing this
process , conferring with lawyers , found this is not something
that would hold a lot of water in terms of testing it out in a
�, .
eV
TOWN OF ULYSSES 7
:'.44 REGULAR BOARD MEETING
July 9 , 1991
court process . If you had a conditional negative declaration and
avoided an Environmental Impact Statement , and you conditioned
your negative declaration on a site plan presented by George
Schlek and Dave Auble, they can, if they chose to ignore the site
plan, once the commercial designation was granted, the Town may
have a very difficult time holding the developer to that site
plan, because it is more restrictive than what we are offering
now in our present Zoning Ordinance .
Mr . Auble said that he is proceeding with the long form. Sounds
as though Site Plan Review will be enacted on the 29th. . .so think
that makes this question a moot point .
Further comments and discussion ensued regarding the same line of
questioning and opinion.
Mr . Hogan said a tentative date has been set for a public hearing
on this issue, but we can' t have the public hearing until SEQR is
done. Mr. Rachun stated that he feels this is a Type 1
action. . . ten acres have already been altered, has already taken
place. The August 1st date for public hearing may be too soon;
haven' t received Part 1 . Mr. Rachun stated that for a SEQR
process, we are using a ten acre designation. . . they call it a
Type 1 action. . . and we should be able to use the same designation
to do something about what he is doing up there.
Mr . Wilson said the public hearing can be anytime. Mr . Hogan
said we then need to hear back from the agencies , receive Part 1
from Mr. Auble. . .Mr. Rachun said if we get that information, I
can get Part 2 done and then figure 30 days from that point to
set a public hearing . Mr. Rachun asked Mr. Auble when Part 1
would be in and Mr. Auble said any day now. Mr. Rachun said he
would let the Town Board know when he receives Part 1 and they
can then meet .
Water Study
Mrs . Duddleston said that she spoke with Gail Zabawsky , who was
unable to attend this meeting. . . thought there would be another
• representative. Mr . Hogan stated that he and Mr . Reitz had
attended a meeting with Jim Hensen and Bob Augenstern. . .who both
indicated that monies are available. They talked with us about
County funding and other funding available for water studies and
construction projects; they agreed to write the grant request for
us . Mr. Reitz said there are strings attached; it has to be used
for economic development only, there is a cap of $150 ,000 . and
application must be done by August 19, 1991; and you must have a
source of water to come from before you can make this
application.
Mr. Reitz continued. . . if you get member initiative or other
monies , the amount is taken away from the grant awarded. The
monies can be used for infrastructure and some studies . Mr.
Hogan said we can worry about what we use it for if we get it .
Mrs . Duddleston said but we need to apply for it . . .Mr. Hogan said
they are doing all that . . . they are taking care of that for us .
Mr . Weatherby said you are applying for it? Mr. Reitz said No,
they need more information from the Town such as where is water
coming from, etc. Perhaps I misunderstood, but thought they
would write for the grant if this information was provided. Mrs .
Duddleston asked if the Water Committee had been involved in this
at all . Mr . Reitz said they were invited to the meeting but no
one attended . Mrs . Duddleston said that Committee would have
most of the information needed for the application; they should
certainly be involved.
Discussion ensued. Mr . Hogan said that water survey , those
people were suppose to compile the information on a map and get
St
TOWN OF ULYSSES 8
REGULAR BOARD MEETING
July 9 , 1991
back to us , Mr . Reitz said that in previous minutes it was noted
that Mr . Hogan was going to contact Ms . Zabawsky.
Mrs . Stover stated that Jeanne Henderson had given a report to
the Master Plan Committee . Was decided that Mr . Hogan would
contact Gail Zabawsky .
• Moore PUD
There will be a public hearing on Tuesday , July 16 , 1991 at 7 :00
PM in the Town Hall .
Pe.rsunnel _ Polici
Mr . Hogan said that the Personnel Policy has been tabled to
another meeting . Mrs . Demas asked if we would discuss the
appointment of Jerry Perkins . She has called a couple of times
and expressed concern that. Jerry Perkins is on both Planning
• Boards and that she feels there is a conflict of interest . Mr.
Reitz announced that Andy Scott resigned from the Village
Planning Board, so there is now an opening on that Board.
Mr . Hogan stated that Mr . Rachun has researched to see if it was
illegal to have the same person on two Planning Boards . Mr .
Rachun said it is not illegal . Mr . Hogan said if in fact then it
is legal for him to serve both Planning Boards are there any
comments from Board members regarding their feelings that this is
a conflict of. interest? Mrs . Duddleston said she doesn' t feel it •
is any more of a conflict for Mr . Perkins to serve two Boards
than it is for Mr. Rachun to be serving both municipalities . Mr.
• Reitz said he doesn' t have any problem with conflict of
• interest . . .his concern would be time involvement and doesn' t seem
• to be a problem. Mr . Hogan stated that he doesn' t have a problem
with Mr . Perkins serving both Boards.
• Pleasant Grove PUD
Mr . Rachun said Mr. Gullidge has not contacted us as to where he
stands . . .has been requested to do so. Tompkins County Planning
has responded and stated that it is up to the Board to make the
decision.
Taughannock Log Homes PUD
Mr . Rachun said SEQR has been done by the Planning Board,
representatives from Finger Lakes Park have attended a couple of
meetings . . . their fears have been allayed . Have run a chain saw
and couldn' t hear it at all . Alex gave directions to the site.
Minimal impact . The Parks will send a letter for the file.
Would say you can set the date for the public hearing within the
next thirty days . Mr. Reitz suggested waiting until the letter
goes to County Planning. Mrs . Duddleston said there is a meeting
• next Tuesday and can discuss a date at that time . Mr . Rachun
concurred.
ACC Discount
Notification has been received that ACC will be putting a message
on their bills regarding a 10% Sr. Citizen discount . This will
involve very few people. Clerk ' s office hasn' t received any
forms from ACC to apply for this discount . Mr. Hogan said we
haven ' t made a determination on this . Mrs . Stover said that
Marsha was going to look into the number of elderly exemptions
that we might have dealt with. . .Mr . Reitz said Marsha told him
approximately 50 . That means elderly exemptions , but not
necessarily do they live in an area where there is cable TV. Mr .
Hogan asked if we want to offer this discount or not . Mr . Reitz
.• 'A; f . $ . -
q e j'l
• TOWN OF ULYSSES 9
REGULAR BOARD MEETING
July 9 , 1991
asked if it impacted the franchise; Mr. Hogan said ACC is picking •
• up the fee , will not impact on the franchise fees . We are really
•
talking very little dollar-wise.
•
Mr . Reitz moved to approve the ACC Senior Citizen Discount in the
Town of Ulysses , seconded by Mrs . Stover .
Mr . Hogan Aye
Mr . Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Aye
Mr . Weatherby Aye
Approved
NEW BUSINESS
•
•
• Bower. Cemetery
Mr . Hogan entertained a motion to approve the request for an
Eagle Scout project , proposed by Bill Overbaugh from Troop 13 , to
fix Bower Cemetery, seconded by Mrs. Stover.
Mr . Hogan Aye
Mr . Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Aye
Mr . Weatherby Aye
Approved
Mr . Hogan will contact Bill Overbaugh and let him know this has
been approved.
•
Special Events
Discussion took place regarding the ' event' taking place at the
Fairgrounds . Police protection from the Village will not be •
provided. Mr. Hogan will call the Sheriff ' s Department and ask
for their attention during this event .
Mr . Reitz expressed concern that the Town was not made aware in a
• timely fashion of the scheduled concerts and suggested that in
future the Fair Association notify respective agencies and
municipalities of large gatherings . Mr. Hogan will write a
letter to the Fair Board regarding this situation. Mr. Reitz
also mentioned consideration of a Special Events Permit [based on
number of people] . . .general consensus was no one is ever really
sure of the numbers that will attend, many factors to consider;
ie: weather. No further discussion took place.
Firemen' s Parade
•
Mr. Reitz asked if anyone was interested in participating in the
parade to be held August 23. Decided that anyone interested will
contact Mr. Reitz .
REPORTS
Mrss .. Mount ,Truk
t , Deputy Town Clerk, reported that for the month of
June $1 ,189 . 50 was received of which $682 . 43 was turned over to
the Supervisor.
Received a thank you note from Judge Rice for the retirement
reception.
Highway Superintendent
Absent
'4
TOWN OF ULYSSES 10
REGULAR BOARD MEETING
July 9 , 1991
ZQn.in9Tuildina Insp ctector
Mr . Rachun reported that five permits have been issued in June.
• Two new starts .
co messondenae
Mr . Hogan reviewed correspondence received as follows : Tompkins
• County Solid Waste, Tompkins County Planning, Planned Parenthood,
monthly reports from Justice Department . One other thing,
understand John Ward has not been available for arraignments and
will speak to him.
Hearing no further business Mr. Reitz moved to adjourn, seconded
by Mrs . Duddleston. Unanimously approved the meeting adjourned
at 11 : 30PM.
Respectfully submitted,
Paula J . Mount
Deputy Clerk
1
ti .
TRUMANSBURG FIRE COMPANY
SUMMARY OF RESPONSES FOR
JUNE 1991
FIRE CALLS FOR JUNE 1991
Village Ulysses Covert Hector Mutual Aid
6 8 4 1
Total Fire Calls 19
Manhours in service 16 7.5
• AMBULANCE CALLS FOR JUNE 1991 •
Village Ulysses Covert Hector Mutual Aid
10 8 2 1 5 (Interlaken)
Total Ambulance Calls 2 6
Manhours in service 15 3.5
TOTAL CALLS 4 5
TOTAL MANHOURS IN SERVICE 3 21
TRAINING HOURS FOR JUNE 1991
MY/hours
TOTAL CALLS FOR 1991
112
TOTAL MANHOURS IN SERVICE FOR 1991
1035 .75
TOTAL TRAINING HOURS FOR 1991
l ��
• TOWN OF ULYSSES
SPECIAL TOWN BOARD MEETING
July 9, 1991
Present : William Hogan, Supervisor; Catherine Stover, Carolyn
Duddleston, Thomas Reitz , Robert Weatherby,
Councilpeople; Paula Mount , Deputy Clerk.
Others Present : Alex Rachun, Jeanne Vanderbilt , Jim & Rita
Brown.
Mr. Hogan, Supervisor called the Special Board Meeting of the
• Town Board, Town of Ulysses to order at 7 :00 PM.
Mr. Hogan indicated that the order of business is to continue
review/revision of the proposed Personnel Policy.
Was decided by the Board to reword, under WORK WEEK, page one,
paragraph two, as follows : Class "B" employees are to receive
benefits prorated at 50%.
Much discussion ensued regarding different work week levels, job
descriptions, and required statements that need to be included in
the policy, ie: sexual harassment, EEOE statement. These
statements will be considered at a future meeting.
Jeanne Vanderbilt, bookkeeper, said that she can keep
computations of sick, vacation and personal time earned and used.
This will be accrued based on years of service, etc. , and will be
submitted to the bookkeeper by the department heads .
Mr. Reitz moved to table further discussion, seconded by Mrs . •
• Duddleston. Unanimously approved, the Special Board Meeting
adjourned at 8 :00 PM.
Respectfully submitted,
Paula J. Mount
Deputy Clerk
1
•
114,
TOWN OF ULYSSES
PUBLIC HEARING
July 16, 1991
Present : William Hogan, Supervisor ; Catherine Stover, Thomas
Reitz , Carolyn Duddleaton, Robert Weatherby, _,
Councilpeople; Marsha Georgia, Town Clerk.
Others Present : Alex Rachun, Budd Stover, David Auble, Harry 3
Weber .
' PURPOSE: To hear public comment on the Proposed Moore PUD.
Mr . Hogan opened the public hearing at 7 :05PM. Mr . Moore was not
present and had not been advised of the public hearing.
Mr . Hogan asked Mr. Rachun to proceed. Mr . Rachun stated that
Mr. Moore had approached the Town to ask if he could use the old •
' Foyer sales and service building for a sales and service center
4: for outboard motors . Mr. Rachun stated that all questions had
• been answered, SEQR long form was used. Advised Mr. Moore to
make a negative declaration since there would be no impact '
greater than before. Tompkins County Planning and Health Dept .
are both involved agencies. The Town Board is lead agent . The
Planning Board has submitted a packet of information along with a
. description of the property and passed in onto the Town Board.
ii0. Mr. Hogan asked if everything has been received that we need and
Mr. Rachun said, Yes. Mr. Reitz asked if the Health Dept . had
approved the septic system and Mr . Rachun said it hasn't been
applied for as yet. Mr. Reitz asked if we could make that .
contingent, that he has an approved permit for a septic. No
problem if he hires people and then has to have bathroom ..
facilities . . .Mr. Rachun said the key issues the Planning Board
dealt with was waste oil and water and the fact that there are
floor drains . . .has core fill floor drains . There is a receiver
who periodically comes in and picks up by-products along with the
• water.
Mr. Reitz asked if there was a legal description of the PUD?
After much discussion it was determined that there was no legal
description of the PUD and will have to ask for one. In
reviewing the map, determined that the PUD requested is under
three acres; need three acres for a PUD. Decided to ask for a
legal description and a statement that the request is for three
acres . Shouldn' t have any problem since there is plenty of land; .
• need about 100 more feet .
Mr. Hogan asked if there was public comment . •
Mr. M. Budd Stover commented in favor of this PUD. Mr. Weber
reiterated Mr. Stover's comments.
a
Mr. Rachun will call Mr. Moore this evening to clear up the
question of the legal description and the PUD not being three
acres .
. Hearing no further comments Mr. Hogan closed the public hearing
at 7 : 45 pm. .
• Respectfully submitted,
Marsha L. Georgia
Town Clerk
pm
161
TOWN OP ULYSSES
SPECIAL BOARD MEETING
July 16, 1991
Present : William Hogan, Supervisor; Thomas Reitz , Catherine
Stover, Carolyn Duddleston, Robert Weatherby, Councilpeople; +
• Marsha Georgia, Town Clerk.
Others Present : David Auble, Alex Rachun, Harry Weber, Elsie •
Vann, Winnie Baker, Budd Stover, George Patte.
PURPOSE: Spruce Row Campgrounds.
Mr. Hogan opened the Special Board Meeting of the Town of Ulysses
at 7 : 45pm. Need to resolve the density issue, how many campsites
are a reasonable number, before we start the SEQR process .
® Mr. Hogan asked Mr. Weber what number he would like to see exist
there and Mr. Weber commented what is there now. . . the existing
zoning which allows for a maximum, under State requirements, of
2500 campsites . Mr. Hogan asked if that was reasonable and Mr.
Weber said it has been that zoning since 1970 . I didn't want to
see it reduced, no reason for it. •
Mr. Hogan asked the Board what they felt was a reasonable number
of sites . . .Mr. Weber asked Mr. Hogan the number he felt, why do
you feel it should be reduced. . .the Town started this thing.
Mr. Hogan said he put himself in the position of a neighbor down
• there. . .have a nice operation, 182 sites, the traffic isn' t bad
now. . .if I was a neighbor there I wouldn' t be too concerned if
the number doubled; but if someone told me they were going to put
in a thousand or more campsites, then I would be concerned. Mr.
Weber commented that he hasn't said that. Don' t have any plans .
Have talked with my immediate neighbors and none of them have any •
concerns . Mr. Hogan said he wants to get this resolved, have
spent a lot of time and money on this . . . just need to set density.
Mr. Reitz asked if Mr. Hogan wanted a number or a formula. Mr.
Hogan said believe you will need a number in order to issue SEQR
documents.
Mr. Weber said that Mr. Reitz had made calculations at one time
and came up with 619 sites. Mr. Reitz asked Mr. Rachun for his
opinion. Mr. Rachun said need a threshold somewhere. Guess
don' t understand the formula concept . Mr. Reitz said a formula
can also include things such as swimming pool , store (things that
won' t be duplicated) . Mr. Rachun said you can create a formula
and then come up with a number which is what the lead agency
should do.
Mr. Weber asked why it has to go to SEQR. Mr. Rachun said the
main issue is the area not in the PUD presently. Including the
pond and house changes the description of the PUD. If the Town
doesn't go through SEQR would have a problem. It is required.
Mr. Hogan said we are trying to straighten out problems that
should have been resolved long ago; trying to rewrite the PUD to
meet what is happening there, so that it is clearly defined. Mr .
Weber said he would like to get this resolved, has been two and a
half years. Don't have very fond feeling for this Town as it
stands now, due to the fact of what has been going on and think
the sentiment of a lot of other business people, expressed to me,
mirrors that . Not doing anybody any good, just want -to get it
IIIover with.
Mr. Rachun said in fairness to the Town, don't think I ever met
you prior to this . . . the response to any zoning issue down there
MSS .. r
Town of Ulysses ' 2
Special Board Meeting
July 16 , 1991
was on a complaint basis , you are faulting the Town for that . We
have to be fair to everyone in Town, if people feel they are
being grieved, we have to answer that , and once we started
reading through this development district, it was very poorly put
together.
Mr. Hogan said the final issue is density. All other issues have
been resolved. Mr. Weber said he isn' t happy with some of the
other issues you say have been resolved. Mr. Hogan asked if Mr.
Weber would like the whole thing to be dropped and just site him
for the violations? Mr. Weber said he wants it resolved. If you
wanted to site me for violations could have done that three years
ago. Mr. Hogan said we are trying to be reasonable. Mr. Weber
said what you think is reasonable and what I think is reasonable
are two different things . . .want this resolved, that 's why I 'm
here . I don' t plan on doing a lot of expansion. . . told you that
up front ; but I resent the fact that the Town comes in and makes
these changes . What I would like to do is come to some kind of
agreement with the Board and put it to a public hearing and
decide it once and for all .
Mr. Hogan said we basically went through the Planning Board
recommendations . There were eleven areas and we discussed each
of those items and the only one we couldn't resolve was the
density issue. Mr. Weber asked if Mr. Hogan was referring to the
list of 5/90? Thought the list was going to be retyped and would
go over that tonight . Mr. Hogan said this is the document we
worked on, 5/90, and only issue left was density, Item 3 . Mr. -
Weber said he knew that all these items had been discussed but
didn't realize that they had been resolved. Mr. Hogan asked
which items Mr. Weber questioned.
Mr. Weber said he doesn't want to plant more trees, another item
is the park model issue. Mr. Hogan said we have already voted on III
that; Mr. Reitz said we have reached a general consensus that can
be presented to the public, haven' t voted. Mr. Reitz
continued. . .then Harry your first concern is Item 11A & B? Mr.
Weber said it is duplicated from Item 4B & C. One hedgerow they
are talking about already has trees . I agreed to put evergreens
up in the front of the property.
After discussion and reviewing the map of Spruce Row the
following changes were made to the PUD Spruce Row Campgrounds
document :
Item #4 - Specifications for Campsites - delete (a) entirely
because sites are not defined. Changes in (b) delete "From the
current driveway, east, " through "by 12/1/90" . Delete in
(c) "This hedgerow is to be interplanted. . . through 12/1/90" .
Item #11 - Buffers - Change (a) delete "10 ft north of the
boundaries of the existing miniature golf", ADD "approximately
40 ' from the centerline of the road in line with the current tree
line" . Rest to remain the same. Delete "This is to be. . .by •
12/1/90" .
Change (b) delete "to be accomplished by 12/1/90" .
Mr . Patte, regarding Item 4a - does seem reasonable for the new
sites that might be developed there, whatever number is agreed
upon, there ought to be a minimum distance.
Mr. Hogan said the State regulations say 2500 ' are required. Mr.
Patte added, going back to what the Planning Board did, and the
intent of this 4a was to have a buffer; 2500 sq. ft. is something
like 50x50 ; believe it was the Planning Boards intent was to have
r .... . . .
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Town of Ulysses 3
Special Board Meeting
July 16 , 1991
a buffer between that 50x50 space, so there is 50 ' from one
boundary to the start of the next one; and should be set forth,
• that each of those 50x50 sites, as near as reasonable, with a •
buffer between them. You are talking another 30 or 40 acres
there, you can have another 900 sites in there. The number is
• astronomical . Think the Planning Board was indeed thinking about
what is reasonable; for the campers , usage, the neighborhood,
traffic and everything that goes with it . They were trying to •
say you can't designate what 50' you are talking about .
Mr . Weber said the Planning Board did not address that at all ,
that wording is exactly what has been there.
Mr. Hogan said the problem is that we are trying to create a
document that the Zoning Officer can enforce. . .Mr. Patte said
perhaps if you draw out sites with a 50/50 area, so you know what
you have. Mr. Hogan said we hope to come up with a number. Mr.
Patte said if you do that it will be inconsistent with what you
• have now; 2500 sq. ft . is a minimum, are you suggesting that •
• somewhere else you are going to say the maximum number is X. Mr.
Reitz said we haven't done that yet.
Mr. Weber said he has indicated at previous meetings that he
would limit it to 550 total , and still feels that way. Mr .
Reitz, using his formula (and derived from the Planning. Board
recommendations) came up with an additional 191 sites for a total
of 372 sites.
Mr. Hogan said need to compromise between the 372 and 550 .
Discussion took place regarding number of campsites. Mr. Hogan
said that between 400-425 sounded reasonable to him. Mr. Reitz
agreed. Mr. Hogan said this would allow the number of sites to
more than double.
Mr. Weber asked if the Board and the neighbors would rather see
him go with the existing. . .have tried to make it a family
campground, seasonal campers , etc. , I could have easily marketed
it as an overnight campsite like a lot of large campgrounds . . .not
doing that . That is why I feel 550 is a reasonable number. Mr.
Hogan said no one is questioning that you run a good operation,
• just saying that if I were a neighbor, I would have concerns
about the number of campsites .
Mrs. Baker said that they know Mr. Weber runs a good campsite,
it's just the number of people in the area we are concerned
about. Mr. Hogan said the Planning Board has recommended 372 ,
• you, Mr. Weber are saying you'd be happy with 550, how about 425
as a compromise? Mr. Patte stated that we don't know the impact
of doubling the number will be, the noise, etc. , why not setting
a reasonable limit for the next year, two years, five years and
leaving it that way. Harry by his own admission is not talking
about doubling it in the foreseeable future and understand why he
wouldn' t want to come back; but what is wrong with a periodic
every five years. . . .doesn't provide a definite answer or maximum
but it doesn' t tie you into looking foolish and "Oh my God, why
did we do that back in 1991".
• Ill Mr. Hogan said we need a number for SEQR. Mrs . Crass asked what
is wrong with the Planning Board recommendation. Mr. Hogan said
we are trying to compromise. . .have a lot of other business to
attend to and have spent more than enough time on this issue.
Mr. Reitz moved that the Town Board consider 425 as the maximum •
number of sites at Spruce Row Campsite, seconded by Mrs .
Duddleston.
Mr. Weatherby asked, this number is just to present to the public
Town of Ulysses 1 4
Special Board Meeting
July 16, 1991
hearing. . .Mr. Hogan agreed, the final vote on this does not occur
until after the public hearing.
Mr. Hogan Aye
Mr . Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Aye
Mr. Weatherby Aye
Approved.
Change: Item #3 - Area and Density of District - second paragraph ..
under Density: The number of campsites in the district is to be
the same density as the developed campground is developed today
with 425 sites.
Mr. Rachun cautioned. . . it is beneficial to make these changes as
minimal as possible, and come up with anything you need to now,
this is submitted to the County and they make a judgment.
Mr. Weber asked time schedule here. . .Mr. Reitz said we will set a
public hearing at our next Regular Town Board Meeting. Mr.
Rachun said we need thirty days for County . . .although the last
one only took ten days . Will work on this and get Part 1 done
and get it out on Monday .
Hearing no further business the Special Board meeting was
adjourned at 9:35pm.
Respectfully submitted,
Marsha L. Georgia
Pm -
TOWN OF ULYSSES
SPECIAL BOARD MEETING
• July 16, 1991
. PRESENT: William Hogan, Supervisor; Thomas Reitz , Catherine
•
Stover, Carolyn Duddleston, Robert Weatherby,
Councilpeople; Marsha Georgia, Town Clerk.
• Others Present: Alex Rachun, Zoning/Building Insp. ; David Auble,
1 Gene Moore and wife. .
•
• PURPOSE: Moore PUD Request
Mr. Hogan opened the Special Board meeting at 9: 40pm. .
Mr. Hogan stated that Mr. David Auble was here to request a
•
Public Hearing on the request submitted to the Town Board for re-
,, zoning the William Auble property. •
Mr. David Auble stated that he had finished part I of SEQR and
would present that to Mr. Rachun tho following day.
The Town Board discussed having the Planning Board review this •.
SEQR form along with the Town Board and Mr. Rachun. Mr. Rachun
will be doing part iI of this form.
•
A Joint Meeting was scheduled for July 30th at 6:30 pm at the
Town Hall 10 Elm Street , Trumansburg, Ny to review the
• application for re-zoning and the part I of SEQR. The Town Clerk
will send out the notices and provide the necessary copies for
• the members of the Planning Board and the Town Board.
Discussion followed to who part I would go to for review.
Mr. Moore arrived. The Board discussed with Mr. Moore the need
of a legal description and the fact that the sketch of the map
that he previously provided was not 3 acres.
Mr. Reitz moved that the Town Board declare a negative
. , ill declaration under SEQR on the Moore request for a PUD on Dubois
Road, seconded by Mrs . Stover.
Mr. Hogan aye
Mr. Reitz aye
Mrs. Stover aye
Mrs. Duddleston aye
Mr. Weatherby aye
Adopted
•
•
Mr. Reitz moved that the Moore PUD, as presented to the Town
Board by the Planning Board, be approved conditional upon a legal
description of the property, including a minimum of three acres .
No second was offered.
Mrs. Georgia asked for clarification on what the Planning Board •
Shad presented, so that she had something to publish and post.
•
After much discussion of how the PUD should read and how the
legal description should be published, seeing that there was no
real defined measurements, it was decided to table the issue and
. _ . .
.^•� : �L'.. . � ,`' :. a . . . is
,
Town of Ulysses 1 2
Special Board Meeting
7/16/91
Alex would help Mr. Moore come up with good defined boundaries of
the PUD and Mr. Hogan would review the minutes of the Planning
Board to extract the guidelines that the Planning Board turned
over to the Town Board.
The Special Board Meeting was adjourned until Thursday July 18th,
1991, at 5 : 30 pm.
•
Mr. Reitz asked Mr. Hogan to contact Town Attorney Bruce Wilson
•- for an opinion of the wording in the Zoning Ordinance on
boundaries and what legally they should be requesting from PUD
applicants.
Hearing no further business Mr. Hogan entertained a motion to
adjourn this meeting until July 18th at 5 : 30pm. Moved by Mr.
Reitz, seconded by Mrs. Stover. -
Mr. Hogan aye
Mr. Reitz aye '
Mrs. Stover aye
Mrs . Duddleston aye
Mr. Weatherby aye ,
Adopted
Meeting adjourned at 10:35pm..
Respectfully submitted,
Marsha L. Georgia
Town Clerk
Mg
r
•
x
.J.
le 7
TOWN OF ULYSSES •
•• ADJOURNED SPECIAL BOARD MEETING
July 18, 1991
Present : William Hogan, Supervisor; Thomas Reitz , Catherine
Stover, Carolyn Duddleston, Robert Weatherby, •
Councilpeople; Marsha Georgia, Town Clerk.
• Others Present : Alex Rachun, Zoning/Building Insp. ; Gene Moore ••
and wife.
PURPOSE: Moore PUD Request/Development District #19
Mr. Hogan opened the Adjourned Special Board meeting at 5 :30pm,
and stated that we are meeting to act on the Moore PUD.
Questions we had at the last meeting was an accurate description
of the property and the written specifications for the project .
® We now have that in front of us . Spoke with Town Attorney today
concerning Section 5, Item G1 . Was told it was better to have
the degree from a survey map, but if you don' t have that if you •
have a good starting point, you are all right. Alex felt that we
had a good starting point on this one, and we are OK.
Mr. Reitz said I have penciled in to change 250 ' southerly,
parallel to DuBois Rd . was changed to 309' , is that correct? Mr.
Rachun said yes , 309' is correct . Also went from 542' to 600 '
back; that gave you enough? Mr. Rachun said yes . Mr. Hogan said
it is 3.14+ or minus acres. Mr. Rachun said it is a bit more
than that .
Mr. Reitz asked about the well and septic. . .have you considered
[re: well ] requesting a hook-up to the Town of Ithaca? Mr. Moore
said he hadn't.
Mr. Hogan entertained a motion, moved by Mr. Reitz, seconded by
Mrs . Stover to approve the Moore PUD/Development District #19 as
• presented as follows:
The Zoning Ordinance of the Town of Ulysses , adopted April
8, 1978 , is hereby amended to create Development District
' Ill No. 19.
1. This district shall be known as Development District 19.
2 . The purpose of which said district may be used is : Sales
• and service of small marine motors and accessories .
3 . Area of district: Beginning at an iron pin set near the
easterly road line of Dubois Road 30 feet north of center
line of creek culvert which defines •the southwest border of
tax parcel 32-2-8 . 2 and continuing northerly 184 feet along
the center line of Dubois Road to an iron pin along the
easterly road line of Dubois Road; then continuing 200 feet
easterly and perpendicular to Dubois Road to an iron pin;
then continuing 125 feet northerly and parallel to Dubois
Road to an iron pin; running thence 380 feet easterly and
perpendicular to Dubois Road to an iron pin; then continuing •
309 feet southerly and parallel to Dubois Road to an iron
pin; and thence returning 600 feet westerly and
perpendicular to Dubois Road to the iron pin marking the
point in place of beginning; conveying 3/14+/- acres.
4 . Specifications of said district:
Ill A.Existing building to be used for business. No new
buildings. Well and septic to be installed according to
Tompkins County Health Department requirements .
B.Business hours from 8: 30a.m. to 5:30p.m. Monday
through Friday, 8 : 30a.m. to 3:00p.m. Saturdays, and
9:00a.m. to noon on Sundays . Most repairs will be done
during weekdays, repairs after 5:00p.m. will be done
,. •y i ,•. ... n . ... Ic ' ) , .. } .. r... `t.� r,,.,err :.i . ... I' .. ."F � .
4
Town of Ulysses 0' 2
• Adjourned Special Board Meeting
July 18, 1991 •
inside building.
C.Customer parking will be in front of building, up to
six cars . Parking lot area to be 40' deep by 50 ' wide
centered in front of building.
D. Storage - 15-20 boats parked on north side of
building for purpose of waiting to be picked up or
• worked on. Inside storage 10-15 boats. Winter storage
outside for 5 boats maximum.
E. Stockade fence (up to 6' high) to be installed on
north side of building along boundary line of
development district .
F. Improvements to building and grounds : roof to be
painted, trim to be painted, area around building to be •
kept clean" with no outside storage other than boats " -
• with/without motors and trailers .
G.Signs: One lighted sign on front of building, 3' x 5'
• plastic face.
\; H.Lighting: One pair of floodlights on each side of
building. Lighting to be cast in a downward direction
so as not to constitute a hazard to drivers and
• annoyance to neighbors.
• I .Landscaping: Ten pine trees to be planted on South
side boundary line of development district .
J.All existing floor drains within the building to be
core filled with appropriate concrete material . All
existing drains exiting building shall be removed.
K.Used gear lube and motor oil will be stored in a 250
gallon tank. Tank to be pump when filled by an
authorized handler of petroleum waste material . There
• shall be no liquid or solid waste disposal on property
other than that authorized by the Tompkins County
Health Department .
L.Without further amendment of the zoning ordinance, no
other structures other than the existing structure
shall be allowed.
5 . This amendment shall be in effect upon adoption and
publication as provided by law. •
Mr. Hogan Aye
Mr. Reitz Aye
Mrs . Stover Aye
Mrs. Duddleston Aye •
Mr. Weatherby Aye
Adopted.
Mr. Hogan stated that a date for a public hearing for Taughannock
Log Homes needs to be set. Tuesday, August 6 at 6: 30p.m. was
agreed upon. SEQR has been done, and Mr. Rachun said we are
ready to go. Will notify area owners .
•
Hearing no further business, Mr. Hogan moved to adjourn the
•
meeting, seconded by Mrs. Duddleston. Unanimously approved the •
meeting adjourned at 6:10p.m.
Respectfully submitted,
Marsha Georgia
Town Clerk
Pm
•
Town of Ulysseu 2 '
Adjourned Special Board Meeting
July 18, 1991
inside building.
C.customer parking will be in front of building, up to
six cars . Parking lot area to be 40 ' deep by 50 ' wide
• centered in front of building.
D. Storage - 15-20 boats parked on north side of
building for purpose of waiting to be picked up or
• worked on. Inside storage 10-15 boats. Winter storage
outside for 5 boats maximum. •
E.Stockado fence (up to 6' high) to be installed on
north side of building along boundary line of
development district .
F. Improvements to building and grounds: roof to be
painted, trim to be painted, area around building to be •
kept clean with no outside storage other than boats
with/without motors and trailers.
G.Signs: One lighted sign on front of building, 3' x 5 '
plastic face.
H.Lighting: One pair of floodlights on each side of •
• building. Lighting to be cast in a downward direction
so as not to constitute a hazard to drivers and •
annoyance to neighbors.
I .Landscaping: Ten pine trees to be planted on South
side boundary line of development district.
J,All existing floor drains within the building to be
core filled with appropriate concrete material . All •
_ existing drains exiting building shall be removed.
K.Used gear lube and motor oil will be stored in a 250
' gallon tank. Tank to be pump when filled by an
authorized handler of petroleum waste material . There
shall be no liquid or solid waste disposal on property •
other than that authorized by the Tompkins County
Health Department. -
• L.Without further amendment of the zoning ordinance, no
other structures other than the existing structure
shall be allowed.
5 . This amendment shall be in effect upon adoption and
publication as provided by law.
Mr. Hogan Aye
Mr. Reitz Aye
. Mrs. Stover Aye
Mrs. Duddleston Aye
Mr. Weatherby Aye
Adopted.
Mr. Hogan stated that a date for a public hearing for Taughannock
Log Humes needs to be set . Tuesday, August 6 at 6: 30p.m. was
agreed upon. SEQR has been done, and Mr. Rachun said we are .
ready to go. Will notify area owners .
Hearing no further business, Mr. Hogan moved to adjourn the
meeting, seconded by Mrs . Duddleston. Unanimously approved the
meeting adjourned at 6: 10p.m.
Respectfully submitted, •
Marsha Georgia
Town Clerk
pm
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Sid'
Joint Village/Town Board Meeting
July 24, 1991
'r The Village of Trumansburg and Town of Ulysses Boards met:
Jointly on Wednesday, July 24, 1991 at the Village Meeting Room,
56 E. Main St . , Trumansburg, New York
Present : Mayor Thomas Bennett , Village Trustees: Bill Griswold, •
Peter Meskill , Karl Zylich, John Rogers, Police Chief
Tom Ferretti . Town Councilpersons: Tom Reitz and
Catherine Stover
Citizens: Lawrence ReverbY
Recording Minutes: Sharon Housworth, Village Clerk
", The Village Board of Trustees met at 6:45 PM. Mayor Bennett
presented a MOTION seconded by Trustee Griswold to enter into
executive session to discuss a personnel matter at 6: 50 PM.
No action taken. Trustee Meskill presented a MOTION
._t seconded by Trustee Griswold to enter into the joint village/town
board meeting at 7 :40 PM
Mayor Bennett asked Councilperson Tom Reitz to update the •
• Village regarding the Auble Property.
Councilperson Reitz stated that Bill Auble has filed a
petition to have 38. 5 acres rezoned as business in the town. Mr.
•
` Auble has applied for the State Environment Quality Review
' (SEOR) , Part I and Part II action. The Town tentatively plans to
hold a public hearing the first week of September on this action.
The excavation work on the Auble property is deemed by the
• town' s attorney as being within the premise of use; as long as he .
.• is not selling the soil, he is within the regulations. Trustee •
Meskill stated he thought he was selling topsoil . Councilperson
11 Reitz stated Mr. Auble has asked for a special permit to sell
topsoil from the zoning officer.
Councilperson Reitz continued: the town board and planning
board have a joint meeting on July 30th to discuss the rezoning
- issue. One of the interesting facts that came out at the last
town meeting with the town attorney was, we (town) are able to
restrict or reduce the amount of acreage he has requested for a
business district.
Trustee Meskill asked if the Town' s Master Plan was
finished. Councilperson Stover stated if would take about 18
months; it was started in February.
Trustee Meskill stated he would like the Town to wait on any
decision to rezone the Auble property until the village has their
rezoning regulations completed.
Councilperson Reitz stated the SEOR action requires a 20
year plan; Auble has to decide what will happen in a 20 years
time plan.
Trustee Meskill stated that a Planned Unit Development (PUD)
is the only way to go with the Auble development. This was
requested of the village when the annexation petition was filed.
tThis takes in the land inside end outside of the village. There
would be control as to what goes on that parcel ; be it business,
residential or commercial.
Trustee Griswold asked what the Town will do now;
Councilperson Reitz stated the Town will meet with the Planning
Board on July 30th. Because of the requirement of SEOR, they
have to wait 30 days for County Planning Board, County Health
Dept . and other involved agencies to have input into the system.
After that time they will have a public hearing.
I . . .
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( 79
Joint Village/Town Board Meeting
July 24 , 1991
Discussion continued with Councilperson Stover regarding the
. Town' s Master Plan which they are still working on. She asked if
•. the village has finished their master plan; Trustee Meskill •
stated the Village has not received a copy of the Village' s
. . Master Plan. Discussion continued regarding the village and town
working together and properties that may be affected. •
Trustee Meskill asked Councilperson Reitz to report back to
the Village on August 12th regarding the Town Board and Planning
Board Meeting on July 30th.
Councilperson Reitz asked to see a copy of the Village' s
Site Plan Review.
Item 2: Village/Town Police Protection
Trustee Meskill stated the village police are not allowed to
go onto the fairground unless requested by the Sheriff
Department .
Trustee Meskill stated Chief Ferretti had previously asked
. permission from the Village and Town to patrol just outside the
. village limits at the north and south ends.
Councilperson Reitz stated that the whole town would have to
• be covered not just part of the town. .
Trustee Griswold stated the village incurred additional
expenses because of the Festival and probably will with the Fair
and Woodcutters Show. The village benefits from this but also
this is additional expense for property located outside the
village.
.. Councilperson Reitz stated that the Town and Village both
have annual events. There is a breakdown in communication for
the special events regarding parking, traffic controls etc.
Perhaps a special event permit could be instituted with no cost .
Discussion continued regarding police protection for events
just outside the village namely the fairground. A written
contract could be set up on a trial basis. It would be the
Town' s decision what kind of protection and amount of protection.
Trustee Meskill suggested the Town Board discuss this at
their regular meeting August 13th; and get a feeling from the
Board members regarding police protection; a written contract
• between the Town and Village. This would not allow them (police)
on the fairground; only if they are requested by the Sheriff
Dept. ; they would patrol outside; streets etc.
It was suggested the Town and Village could set up a joint
special event committee.
Item 3 (zoning/planning update) was discussed previously.
Item 4 : Recycle Center
Mayor Bennett stated that people are bringing their garbage
0 (non recyclable items) at the recycle and leaving it there.
Councilperson Reitz stated several residents complained that
the ground is uneven. It was suggested to put down gravel and
grade it off .
Mayor Bennett stated the dumpster will be removed during
fair week and different dumpster will be put in. Tt was stated
the dumpster will be removed August 24th and September 7th.
I
7I'
Joint Villn' e/Town Board Meeting •.
July 24, 1991
• Councilperson Stover suggested o sign he put up to notify
residents of the closing.
Item 5: UYU Summer Recreation Program
Trustee Meskill stated that the Town and Village will meet
in September with the Joint Youth Commission and summer
. recreation program to review the programs and hopefully have an
• understanding of how the programs are run. •
Councilperson Reitz stated the Town has a budget for summer
recreation program of $5, 000 and Joint Youth Commission is
$12, 144.
Trustee Meskill suggested the Village could possibly budget
for the summer recreation program and the Town budget for the a•
JYC; it would be separate programs and less confusing when
distributing monies.
Councilperson Reitz stated that the Town had two request for
PUD which were granted. One was on DuBoise Rd. (previously .
Poyer' s Orchard) - Moore' s Outboard Motors which was located in
the City of Ithaca on Willow Ave.
The other was for Taughannock Log Homes off Jacksonville Rd
and Pork Road (gravel pit) . They will assemble log homes.
Trustee Meskill asked Councilperson Reitz if anything has
been done for a PUD request at the old Andree property just south
of Jacksonville. Councilperson Reitz stated it is on hold;
certain documents have not been filed with the Town. Trustee
Meskill asked how much land was there. It was reported 11 acres.
Trustee Meskill stated he hopes people are not using the
4 Town' s PUD as spot zoning and create a strip effect .
Councilperson Reitz stated this is happening. Trustee Meskill
suggested the Town increase the amount of acreage for a PUD.
The Boards set a joint village/town meeting for September
18, 1991 at the Village meeting room at 7 :30 PM. Tom Reitz
•
stated he would notify Marsha Georgia (Town Clerk) to take
•
minutes.
A MOTION was presented by Trustee Meskill seconded by •
Trustee Zylich to adjourn meeting.
Unanimously carried.
Meeting adjourned at 9:25 PM.
Respectfully submitted,
Sharon Housworth
' Village Clerk
P ..
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1 ? 1
TOWN OF ULYSSES •
PUBLIC HEARING
SITE PLAN REVIEW
July 29 , 1991 •
Present : William Hogan, Supervisor; Thomas Reitz , Catherine
Stover, Robert Weatherby, Councilpeople; Marsha
Georgia, Town Clerk; Paula Mount , Deputy Clerk; Alex
Rachun, Zoning/Building; David Tyler, Chair . Planning
Board.
Others Present : See attached signatures .
Purpose: To hear public comment on Site Plan Review.
Mr . Hogan, Town of Ulysses Supervisor, opened the public hearing
at 7 : 30 pm. Mrs. Georgia read the legal notice as published in
the Ithaca Journal and Trumansburg FreePress . Mrs . Georgia read
letters from the following, in favor of Site Plan Review: Marion
Boratynski , Christopher Gunn, Hazel Dayton Gunn, Madeline Lutz ,
Alfred Kahn. Mrs . Georgia read a letter from GunBlack, Inc.
President Frank Kempf Jr. who opposed Site Plan Review.
David Tyler, Ulysses Planning Board Chairman was introduced and
asked to give an overview of Site Plan Review .
David Tyler: Distributed copies of Section 274A of Town Law
which provides for authorization of Site Plan Review. Read
excerpts from a chapter on Site Plan Review, prepared by the NYS
Planning Federation, which may help those of you who are not
familiar with what Site Plan is, because some of the petitions i
have seen around I sense there is a lot of fear. It is not
intended to be hostile, or anti-growth or anti-business, it is
suppose to help us do it in an orderly fashion. That is the
whole purpose of the thing. I will read this and these are the
words of the professionals who work in planning in Albany. . .might
be helpful , give everyone a picture of what it is . Mr. Tyler
read as follows : We have all had the experience at one time or
another , the drive-in window at the bank or restaurant is busy
and a line of cars extends to the end of the driveway and then
down the street; or the exit from the shopping center is located
so it is difficult to see approaching traffic, or the design of a
new fast food franchise is a jarring note in a neighborhood in
which it is located. Site Plan approval is a particularly
effective way to insure that new development occurs and will not
adversely effect important municipal planning and development
goals . It is a flexible regulatory technique that can greatly
improve the quality of development . Certain kinds of uses ,
although they are allowed by zoning in a particular district, can
cause major problems if attention is not paid to how or where
they are situated on the parcel of land. Site Plan Review is not
zoning . . . take a parcel that is zoned commercial , for instance,
and someone comes in and applies to put a building there, it
reviews how all that is going to fit in with the neighborhood.
Such problems , for example, include the lack of screening or
vegetation of a type to sufficiently protect adjacent properties
• from the effects of the new use. Or location of drive up windows •
for traffic to and from that causes a safety problem for
pedestrians , parked cars or other traffic. Or the placement of a
sign so that it could block views for traffic leaving a site. -
Often Site Plan approval is used to insure that new development
will be in harmony with the character of the area in which it is
located, or that important resources will be protected. For
example, if a community planning objectives call for protecting
the small scale rural character of the community, but also calls
for encouraging retail commercial uses, Site Plan approval can
•
Town of Ulysses 119 2
1 Public Hearing/site Plan Review
July 29 , 1991
address such factors as exterior design, sign size, requiring •
parking be at the rear of a structure, and so forth. Or it may
be used to protect views or significant site features such as
• trees , ravines or historic areas .
• Mr . Tyler said he thinks that is one of the concerns in this
community and we want to see it evolve in such a way that it A,
doesn' t clash. . . so that it is a place that we all enjoy living
and so forth. Finally, Site Plan approval is not a substitute
for zoning and is not zoning. I think it is fair to say that the
Planning Board, as we were working on this , wanted to have
• something that would work quickly. . . I think that I heard some
concern from people that this would be a long involved process .
and that is not the intent at all . The intent is to have it be
able to occur quickly so that a person who wants to do something
can get on with it . That was the intent that we had as we looked
it over. Heard someone say that the 45 day period sounded •
excessive, and really the Planning Board's intent is not to use
that 45 days , that is just for very complex type of application ,
that would be the maximum. That period of time may sound
excessive, but the intent is not to use the 45 days , that is just
a maximum in case of a very complex type of application. Think
this gives you a little bit of an overview of what site Plan
Review is . Are there any questions before we continue on? . Thank
you.
hr. Hogan - If you wish to comment, we ask that you give your
name . Will now start with public comment .
Paula Horrigan - In favor.
Dennis Rodabaugh - Against .
• Larry Thompson —Against . •
Beach Stover - Strongly opposed.
Harry Weber - Against .
• Christopher Gunn - In favor.
Chris Wohlever - In favor.
Dan Hotelling - Against.
Russell Hamilton - Against.
Al Rand - Against .
• Stan Koskinen - Against .
Larry Reverby - In favor.
Lou Jansen - Against.
Lou Foley - In favor.
Dan Smith - Against .
Olive Marvin - Against .
Charles Harrington - Against .
Ed Wolfe - In favor.
Budd Stover - Strongly opposed.
Dorothy Sellers - In favor.
Town of Ulysses 3
Public Hearing/Site Plan Review
July 29, 1991
William Smith - Strongly opposed.
Jim Heroux - Opposed.
David Kline - Opposed.
Jerry Perkins - Opposed.
Peter Kahn - Strongly in favor.
William Smith - On record that served on Town Board for 12 years .
Steve Marvin - Opposed.
Ellen Huith - In favor.
Rosalie Crass - In favor.
Alison Pritts - In favor.
Lillian Parker - Opposed. •
Julie Holmes - Against.
Jim Scott - Strongly opposed.
Larry Thompson handed in petitions to the Town Board with 241
signatures in opposition to Site Plan.
Al Capista - In favor of concept .
Hearing no further public comment , Mr. Hogan closed the public
hearing at 8:55 pm.
Respectfully submitted,
Paula J. Mount
Deputy clerk
• TOWN OF ULYSSES '
• JOINT TOWN BOARD/PLANNING BOARD
July 30 , 1991
• PRESENT: Supervisor William Hogan; Town Board Members , Thomas
Reitz , Catherine Stover, Robert. Weatherby ; Chairmen PH
David Tyler;Planning Board Members , Gerald Perkins ,
Geraldine Keil , Seville Reulein, M. Budd Stover ;
•
Zoning/Building Inspector, Alex Rachun; Town Clerk ,
• Marsha Georgia.
Others Present : Carla Pelkie, Bill Auble, Frank Auble , Glen
•
Chase, David Auble, George Schleoht , Larry Reverby ,
Andrew Scott , Planning Board of the Village .
Supervisor Hogan called the meeting to order at 7 : 30 pm.
Carla Pelkie asked the Board to allow her to present a change in
a PUD at 1608 Trumansburg Road, Ithaca, NY. Former use of the •
John Deere Dealership. Ms. Pelkie would like to change the use
of that PUD to her business which is Sleeping Bears Futon, There
•
would be no changes to the building or the size of the PUD . It
would be for retail of futons and light manufacturing of futons . •
Mr . Hogan asked Alex if he felt if everything was in order to be
presented to the Planning Board for review. Alex stated that it
would be an amendment to the existing PUD only to revise the
activity and felt that the boundaries of the existing PUD could
• be used and just change the activity.
• Mr. Reitz stated for the record - "point of order that this •
meeting was a Joint Town Board and Planning Board meeting to
discuss Auble rezoning application and the SEQR part I review" .
Alex felt that a presentation of a PUD change could be done at •
• any meeting of the Town Board.
Mr . Reitz disagreed and stated that this is a joint meeting to
discuss other issues - the PUD request has to be presented at a
regular Town Board Meeting, the next one being August 13 , 1991 .
Mr. Hogan accepted the PUD request to be held for the Regular
Town Board Meeting.
Mr. Hogan stated that tonight is to talk about where we are with
the request for rezoning of Auble property. We have asked the
Planning Board to give us some thought and meet here with us .
Mr . Hogan turned the meeting over to Mr. David Auble.
Mr. D. Auble started off with stating that they would basically
like to have both boards review the EAF for the rezoning. We
know that the planning board/town board has been acquainted with
the proposed project - we know that it is difficult to kept the
• , two issues separate and essentially impossible to kept them
separate, therefore I get the impression that it 's a little
difficult to process the EAF on strictly rezoning basis so that
is something that has to be dealt with here.
Mr . Hogan asked if that was true.
•
Mr . D. Auble stated that in addition to that we know this is part
of the SEQR process , we feel that we have more than adequately
prepared for the requirements of SEQR and have gone beyond in
some extent . We have been working pretty thoroughly on a traffic
study and other requirements that go along with Site Plan Review
and we been working with the County and we intend to continue
•
•
TOkt1 OF ULYSSES , 2
Joint Town Board/Planning
7/30/91 •
working with the County on issues that are of concern. We of
course would like to have the Board set a time for a Public
•
Hearing.
Mr . Schlecht added that as we start to go through part 1 of EAF
you will appreciate the dilemma that we all face. The form is
set up to fit a particle project . It fits very nicely if you
have a project , subdivision, apartment house, etc . The form does
not work very well with the case at hand which is rezoning
request because it asks specific type questions which are very
difficult to answer unless you have a specific type project . So
• what we've tried to do was to answer those questions, projecting
as you will into the future what you might or could be expected
over a twenty year time in a business zone and we drew up some
site concept plans to see what would fit in there reasonably or
the projections for a reasonable twenty year growth. Than we
tried answering the questions on the EAF more specifically and
positive. You can feel free to disagree with that philosophy.
There is no mandated right way to do this fortunately. It really
is a process that goes on between the board and in this case, the
applicant . That was what the EAF was based on. We've worked
with Alex on this and the County on it as well . We expect to
make changes so both the Town and the County is going to be happy
in a process that really does not have any strict rules/recipe.
it is a tough situation for all of us to be in because again the
zoning request , type request does not fit nicely into the
process .
Mr . Rachun stated that there are two ways of looking at this, one
is strictly a zoning change and at a later date if there is a
discretionary action to be taken as a site plan or a project etc.
Segmenting the SEQR request - the SEQR overview- segmenting it
into two different areas . The first being strictly a zoning
change and looking at it as such. You can do it possibly with a
concept plan, but a concept plan is not in granite. These guys
have to go out and find tenants and they have to come back and
• look at what they've got . It is not a site plan we are looking
at but a zoning change. Alex stated that his personal preference
would be to look at it as a zoning change and strictly do what
ever limited amount on SEQR we can do on a zoning change and at a
later date, with site plan in place look at it as the project
goes along, because after talking with EMC, the County, the Town
Attorney, the Association of Towns etc. for hours I am back to
this area -- no one -- this is a difficult application--SEQR was
not intended for this kind of thing.
Mr . Tyler, Chairman Planning asked if you do it as strictly as a
zoning change it would be fairly straight forward.
• Mr. Rachun said yes it is very straight forward as a zoning
change --basically as a zoning change.
Mr. Tyler - they would have to do SEQR a second time if there was
• site plan in place.
Mr. Reitz asked if site plan review is never passed when does
SEQR fit into the action of the zoning change.
Mr. Tyler - it doesn' t .
Mr. Rachun - after the zoning change, after the negative
declaration, if that' s the case on the zoning change, then that
is it . The Town is no longer involved in the process/project in
any way other than issuing a building permit when the request
comes in.
Mr. Hogan asked that in his opinion would this be a negative
declaration.
•
TOWN OF ULYSSES I7 " 3
Joint Town Board/Planning
7/30/91
Mr . Rachun - my opinion as a zoning change that would be the only
way to look at it .
Mr . Reitz - asked for him to clarify that - - in part he would .
disagree -- it is a major potential renovation in the area .
Mr . Rachun stated that he agrees one hundred percent , but we do
not have any thing to base that on.
Mr . Hogan - if it is strictly a zoning change you don' t have any
of those.
Mr. Rachun - without a site plan, without something concrete,
we' ve been discussing this -- it is very hard -- you can' t
request of them to have something that 's here it is because they
don' t know and won' t know until they get a zoning change and go
out and find tenants . My feeling is that this application is
very difficult . As Mr . Auble has said many times you phase the
project -- phase one is the zoning change, phase two is go out
and get the tenants etc. , phase three come back and go over the
. whole thing and that would be great but phase one getting the
zoning change, phase three may never happen.
Mr. Reitz - so essentially you don' t know to what impact it could
have up there.
Mr. Schlecht - the zoning has certain requirements as to parking
and essentially limits how many buildings you can put in there.
there is a certain limit . What we did - based on meeting the
•• zoning requirements how many buildings can you logically fit in
• that space and really tried to be conservative. Put more
buildings in there than I can see happen in twenty years . Zoning -
limits how much you can put in there. .
I Mr. Reitz - in 38 acres how many square feet of building space
can you put in with the required permissible parking area.
Mr. Schlecht - we had a total of 170 ,00 square feet of commercial
space - with the provision for 589 parking spaces . That is total
retail . The office complex is a total of 31 ,000 square feet -
different parking requirements.
Mr. Tyler -- what 's the total square footage projected for the
• total site.
Mr. Schlecht - in terms of commercial space - the total of the
two.
Mr. Tyler - is that the sum total - you have housing units as
well . •
Mr. Schlecht - housing units would be the portion of the project
adjacent to the residential area - so actually we projected that
into the total of the 38 acres only using 23 acres for commercial
development .
Mr. Tyler asked - what if at a public hearing you run into a
real buzz saw in terms of people being concerned about this whole
project - would you be willing - you've applied now for 38 acres
® for commercial - would you be willing to tailor this request back
to the 23 acres .
Mr. D. Auble - if the Town approves the site plan it would lock
the two in basically.
Mr. Tyler - if there were site plan - if site plan came to be.
'.i ? ^I•• � ... 5 r. .. l .. .. . ( e.. . ;r: ... ' . +'L j
TOWN OF ULYSSES 4
Joint Town Board/Planning
• 7/30/91
Mr. D. Auble - we proposed a site plan and if site plan is a part
of this process .
•
Mr . Tyler - I understand from Alex that we can not do that .
Mr . Schlecht - I think this loops back in to some of my opening
comments - what we offered -- what we suggested to Alex was that
one of the -- let me back up a little -- SEQR envisions that once
you've identified certain concerns, environmental concerns , the
applicant can then suggest ways to mitigate or lesson those
concerns . What we suggested was that one of the mitigating
measures we would offer , voluntarily , would be to do site plan,
which would than form the basis for further approvals other than
building permits , etc . etc . If this site plan imposed
voluntarily by the developer upon themselves would then be one of
the mitigating measures and I think realistically what I have
been hearing it really is . One of the overwhelming concerns is
that everyone expressed publicly has been that they don' t know
what is going to happen out there. We are willing to offer site
plan, of which then would alleviate those concerns . Now without
getting into details, one of the difficulties is of course that
there has to be some flexibility or a lot of flexibility in that
site plan because what you don' t know is who's coming in, who
your tenants will be so your building configurations have to be
treated flexibly, have to be allowed to change it some how and
has to be addressed but at least be treated flexible . Has to be
a process to do that , but at least you have then a guide, some
standard to hold up what is being requested and what is being
approved. A ten story building would not be on the site plan, a
200 ,000 square foot building that was not on site plan.
Mr. Tyler - what I heard Alex saying is that once the zoning •
• change is approved the Town can only enforce the zoning, the Town
really does not have a way to have a handle on it .
Mr. Rachun - George and I have talked about this - basically
there is a precedence that , in court , this has been shown not to
hold up. If the developer said listen, this site plan I gave you
is a restrictive tool that is not part of your town law. If you
wanted to condition SEQR on this site plan. A concept plan, then
that maybe something for you to look at and make you feel better
or feel more at ease to make your zoning change but it may not be
a legal document that you can --
Mr . Tyler - so in other words it may not have any binding effect •
• Mr . Rachun -it may not have any binding effect - that was what
the Town Attorney said
Mr . Schlecht - to conclude that I think that is an area where we
• have a little disagreement - I 'm not convinced that ' s so, in fact
I just today got the latest supplements to the States Env. cases
• and they still talk about conditions . This is an area that we
are exploring and this is an area that may offer some potential .
Mr . Reitz - you've had some conversations apparently - is there
any kind of mapping or an idea of what you' re planning - what
section of the 38 acres you' re planning in a map of some type.
Mr. Schlecht presented the concept plan on which we based our
answers to SEQR. (displayed concept map on wall )
• The Board members reviewed this concept as Mr. Schlecht explained
the lay out and the twenty year plan.
Discussion pursued in reference to the residential area.
Mr . Hogan asked Mr . Rachun to explain again what the attorney
TOWN OF ULYSSES 1111 5
Joint Town Board/Planning •
7/30/91
• said about this concept as a condition to SEQR.
Mr . Rachun - he was inclined to believe that if the town uses
this concept plan, down the line, as a guide, it may not
necessarily hold up as a guide.
Mr . Hogan - did he say if it was legal to attach the concept to
SEQR request . •
Mr . Racuhn - you can condition SEQR, if that is what you are
• asking , but whether the conditions you place on it will hold up
or not , may be a totally different story.
Mr . Schlecht - I think that there is a distinction to be made
here -one. . .you can certainly consider the concept plan as well •
as any other document that comes before you in determining
whether or not the rezoning request is going to have a
• significant impact on the environment and in judging whether or
not the numbers we put down are reasonable. So that certainly
could be stapled right on the SEQR, no problem at all - I think
everyone is in agreement to that - now the question is two
things , one is -- it is reasonable -- is that a reasonable
project to what might happen in twenty years , which is a
judgement you have to make -- secondly, which is another issue,
can you condition the negative finding on the developer living to
that plan or get a far more detailed plan. Can we make a
negative finding conditioned on the fact that it is a concept .
Mr. Tyler asked Andrew Scott where the Village stands with their
master plan at this point .
• Andrew Scott - long discussions have taken place - we are still
working on it - in the last meeting we had we concluded that if
this Village is going to be viable, there is nothing in this
Village that is going attract business because the buildings we •
have are just not economically feasible to remodel or purchase
for any business . We have come to the conclusion that if this
Village is ever going to be viable and kept as a Village we are •
•
going to need something around the perimeter of the Village. •
Like Agway, Shur Save. To me and most of the majority of the
planning board feels that we need development around the Village.
Mr . Tyler - the first map showed no place for commercial
expansion in the Village
Mr. Scott - there is no place in the Village for any commercial
• expansion and if the Village is going to remain a Village and be
• a hub of the Town they are going to have to have something around
and close to the outside of the Village. We feel that growth of
commercial needs to be very close to the Village to keep it
• viable. It is financially prohibitive to bring one of the
Village buildings up to code and that what has to be done when
occupancy changes . He felt that basically the Village Planning
Board and the Master Plan Committee felt the same that there has •
to be development outside the Village and close by and the
logical place would be on route 96 either side of Village.
Mr. Hogan stated that a lot of people in the area are concerned
about 38 acres of commercial development . I think with this plan
of 22 . 5 acres of commercial plus the remaining 16 acres be
residential would be a lot more palatable for a lot of people,
but the concept plan is only a concept and as such obviously not
cast in concrete, but if we could come up with a way to lay it
out and limit the thing. That would probably be a lot easier
• battle if it was 22 . 5 acres . As far as SEQR process is concerned
and in a public hearing. Mr. Hogan asked the other board members
if they have any other opinions .
TOWN OF *ULYSSES 11/ 6
Joint Town Board/Planning
7/30/91
Mrs . Keil - I am confused as to why we are changing this huge big
property over to commercial without consulting our own master
plan committee about how they feel . I personally wonder whether
or not we need all this commercial space. Stated her feelings on
the Village.
Mr . Tyler - the master plan committee feels this came sooner .
Mrs . Keil - why rush - wait awhile .
Mr . Hogan - we haven' t really rushed.
Crowd laughed - 10 years is not really rushing .
Mr . Bill Auble responded to Master Plan and all of the business
that have been done in the last 10 years were not ever mentioned
in any plans .
Mr . Tyler - never a master plan.
Mr . Hogan - zoning but no master plan.
Mr . Scott - sounds like a logical place to put commercial is
where Mr . Auble wants to develope. This plan will not be over
night it will be a matter of years . Down town Village is dead.
Mr . Tyler - key issue that the master plan is looking at is how
will the community develope. One way is in a line or row just
along route 96 as far down to the hospital . The other is what we
are talking about keeping it around the Village - the core or
center and then maybe having Jacksonville as another satellite.
Having the concentration in those two areas rather than spread
along 96.
Mr . Scott - I have heard that people want every thing on the
south end of the Town because you they don' t want people driving
through the Village - the way people talk is really illogical .
Mr . Perkins - the way some people talk is that they want to
forget about this end of town.
Mr . Reitz - he thinks the idea about 23 acres would be better - I
don ' t have a real problem with it - further development or
request for annexation may come for that corner of the town. The
EAF form makes more sense to me with 23 acres than 38 .
Residential housing was an issue years ago because of the impact
to the schools .
Mr . Bill Auble - that is why we went to commercial because of
that last hearing years ago.
Mr . Reitz - asked if in the 16 acres if they could consider
senior housing .
Mr . Bill Auble - last time you guys and the Village did not want
to see housing .
Mr . Reitz - I 'm suggesting a mix - the conceptional plan is
focusing on business only.
Mr. Dave Auble - It is still our intent; but for us to do housing
design at this point , prior to getting access to sewer and water
is premature. We know that we can put one grocery store up there
without sewer and water . . . that is all we know at this point .
Have already devoted a lot of money to site plan design with
residential which could be overlaid on this . . . to me that is the
strongest market. . . is senior housing. All demographics point to
the majority of demands for housing in the future is senior
I
TOWN OF ULYSSES 7
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oriented . Have two factors that influence our thinking, one is
the approval by the Village on their portion of it and the other
is the water/sewer access . Don' t think we should incorporate a
final design at this point , when we have already presented
residential information; would be happy to bring those plans back
to the table.
:1
Mr . Schlecht - Let me try to focus back on what the action was ,
which is rezoning from essential residential to commercial . The
• concept plan in part focused on that fact that the change was
going to have. . . could have drawn a map showing you, what by
rights , he could put in a couple hundred units of housing and say
there is a by rights project , he doesn' t have to ask permission
for and here is the impact . We didn ' t do that and [referring to
the map] can look at that white area as 'by rights ' ; by rights he
can put in residential . To come back and say show us what you
are going to do for residential . . . then we are getting into site
plan. •
Mr . Tyler - Not getting into it from that point of view, but from
the point of view that initially, would you scale it back to 22
acres to something that would look like lower impact . . . to answer
Jerry' s question about master plan committee. . .we haven' t gotten
to the point where. . . this week we are going to start mapping
things out a little bit in a very rough sort of way, cne of the
things that came to us when we looked at the Village's proposal
was that the Village needs to remain kind of a viable center. If
that is the case we need to pull things toward the Village. . . from
that perspective, given what the Village people have worked on,
there didn' t seem to be a whole lot to be done within the Village
limits from their perspective. •
Mrs . Keil - But we could be pulling things out of the Village by •
doing something like this ; not that we are just not bringing new
things in.
Mr . Tyler - That is true, but in the long run there is going to
have to be some area for expansion of commercial uses and the
question is where. . . it can be down around RT 96 near the hospital
or you can try to concentrate it around the Village.
Mrs . Keil - Yes , and they are asking us to rezone the Town; we
could ask them to rezone the Village.
• Mr . Rachun - One of the problems we had early on is that when the
Village presented their master plan, they took the liberty of
going outside the Village and they said no commercial ; what I saw
there was an invite strip zone all the Town. . . the Village was
saying we don' t want it here, you take it out there. I feel
Trumansburg is a nucleus . . . you are talking about outside the
Village but if you didn' t what the boundary lines were. . . -
Mr . Schlecht - This isn' t unique. . .Dryden is going through the
same things . Have finally realized that commercial growth is so
important . . . just look at the Village budget and Town
budget . . .when you are factoring school budgets. . . take that
overview; commercial development is so necessary to help the
school budget , because they pay the school taxes but they don' t
send many kids to school .
Mrs . Keil - I didn' t see a tax break from Seafuse' s development .
Mr. Hogan - It 's there. Commercial development is the best kind
• of tax base, because it doesn' t overload your school system.
Mr. Scott - To Alex. . . regarding our [Village] master plan, it is
only the first draft . . .so don ' t keep coming back to it . . . and
housing. . .didn' t realize this meeting was about what kind of
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TOWN OF ULYSSES 8 •
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housing they were going to put up. . . I thought it was discussion
about changing it to commercial . . .don' t think housing should oven
•
play a part in this issue. •
•
Mr . Reitz - I brought it up because the EAF addresses all 38
acres . •
•
•
Mr . Hogan - Don' t see why they can' t amend their application.
Mr . Rachun - Have to remember the application is for a zoning
change; and we aren ' t talking about 22 acres here and 16 acres
here for this and that . . . It is a zoning change for all 38 acres .
•
Mr . Hogan - Wouldn ' t houses fall into subdivision requirements . •
•
Mr . Schlecht - Almost certainly .
Mr . Tyler - If your application is amended to rezone 22 acres
into commercial and leave the rest as it is, because it is
already residential . . . seems to me that is a more logical way to
do it because that is what you are thinking about and I would
feel more comfortable with that ; in fact , if we had site plan in
• place I would feel comfortable because I would know that we could
look at this zoning change and know when you are ready to make
things more concrete that the Town would have another chance to
take a look at it .
Mr . Hogan - Agree with Mr . Tyler , feel comfortable with the 22
1/2 acres and address the remainder on subdivision basis . •
•
• Mr . Reverby - Read and quoted from minutes of August 5 , 1980 Town
of Ulysses Planning Board. Said that the action taken then sounds
•
as though it would be controlling this application/much of this •
• was under consideration in 1980 . Asked where we are in terms of II
this .
Mr . Tyler - It sounds like an invitation by the Planning Board
•
for the Town to do a master plan, which just started recently.
Mr . D. Auble - Isn' t the Planning Board an agency that recommends
to the Town Board . . . recommends , doesn' t have jurisdiction?
Mr . Reitz - The Town Board rejected the zoning request .
Mr . Reverby - If it was rejected in 1980 , and based upon a master
• plan requirement, it is possible that would still be a
requirement .
Mr . Hogan - The Planning Board is an advisory committee to the
Town Board; their findings are not binding. Much has changed in
the last ten years and believe the process starts over
again . . .don' t think this Board is governed by what happened ten
years ago.
Mr . Tyler - Thinks Mr. Reverby's point is well taken. The master
plan work is not far enough along to give a real opinion, except
_, there is a feeling that this may be not inconsistent with what
• the master plan is coming to at this point . The key thing of the
master plan is coming to the idea that the Village needs to be
viable as a unit rather than encourage strip development along RT
96 from here to the hospital ; if that 's the case something like
this will work better than say down where the County Home is and
having a shopping plaza there. Auble has come up for discussion
in the master plan committee deliberations .
Mr . Reverby - Seems like we are reaching a point where Mr.
Auble ' s frustration with what to do with this land, which we all
•
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TOWN OF ULYSSES 9
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Joint Town Board/Planning if 10
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know has gone on for fifteen years , is getting to a point where
the discussion is "let ' s do something, what can we do" . Would
suggest , given all this ambiguity and frustration , which is
understandable . . . if I owned it and not making any income from it
and it ' s in a prime location. . . think it would be very helpful if
everybody did coordinate this with some kind of plan that
everybody was concerned with and not just let it fly. Does
•
• affect everybody in great measure, and should not be left up to
the wind .
Mr . William Auble - Happy with the talk, at least everyone is
discussing it .
Mr . Perkins - Agree with Auble, this has been going on for ten
years . Not trying to slap something together.
Mr . Hogan - Tonight have good representation here, trying to tie
•
all this together, not just flipping a coin.
Mr. Reverby - Think that is appropriate. One thing I would have
difficulty with if I owned this property, would be people
shouting at me for ten to fifteen years . . .do this . . .don' t do
that . . .Now you have a lot of planning mechanisms , people that
recognize that something is going to have to happen. . .seems Mr.
• Auble has spent a lot of time coming up with ideas that haven' t
floated. . . seem to think there are a lot of people to input into •
this and maybe the problems would be solved to everyone's
benefit .
•
Mr. Schlecht - As far as planning goes , we have been working with
the County, site plan, and trying to coordinate our efforts with
the Village; for the year I have been involved with this project ,
I haven' t gotten anywhere with any communication with the Village
and glad to hear that maybe there is some change there. We have
made that effort and there is still an open door.
Mr . Hogan - At the joint meeting with the Town/Village about
three months ago there was concern from the Village that 38 acres
was too large, wanted to see less , but didn' t know a number .
Think the 22 1/2 commercial and other 16 1/2 to be handled by •
subdivision is a very reasonable approach.
Mr . Reitz - Agrees , but caution the use of subdivision. . . it is
residential now. •
Mr. Schlecht - One way to fit that in with the context of the
process is to say, we have reviewed the EAF and we find if it.
were reduced to 22 . 3 acres , then it would not have a significant
impact on the environment . That would then give us a place to •
go. That is certainly an outcome within the procedures that ' s
contemplated by SEQR.
Mr. Tyler - Won' t go so far as to say I don' t see any problems , I
think that is the logical way to proceed, the problem is that I
wish we had site plan in effect . If we had site plan, then think
I would feel comfortable with the whole procedure.
Mr. David Auble - We are producing all the materials that will be
used for site plan review.
Mr. Tyler - But that is not a condition; have heard Alex and Town
Attorney say we are only talking rezoning. Let 's hypothetically
say that the Board approves the rezoning of 22 acres , which then
occurs . . .site plan is then defeated. . . then basically that is the
last the Town will have dealing with this project , except in
terms of issuing building permits .
Mr. Bill Auble - We have been gladly producing everything you ask
•
TOWN OF ULYSSES 1 10
Joint Town Board/Planning •
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for . . . have been doing that .
Mr . Tyler - It 's not your fault , it 's the Town 's fault not having •
the mechanism in place ,
• Mr . Schlecht - You are right in appraising the problem, and the
•
Board has to decide on the rules you have set up now, that the
22 . 8 acres , if rezoned won' t have a significant impact on the
environment and you would rely on a concept plan; you have to
satisfy yourselves that it might not look like that , but we know
it isn' t going to be any more dense than that .
Mr . Tyler - If site plan doesn' t go through, the developer can go
back to the zoning ordinance and do whatever that says he can do
with commercial property .
Mrs . Stover - Would it be advisable to go through this form and
look at other things in it before we say 22 1/2 acres , or
whatever? Would it have a negative impact if we changed it?
Mr. Hogan - Specifically, what areas?
• Mrs . Stover - Can' t say I disagree with anything; have a few
questions .
Mr . Hogan - If we are of the opinion that this should be changed
to 22 1/2 acres , then this whole form would have to be changed
anyway.
Mr . David Auble - But this applies in either case.
Mr . Tyler - Asked Alex if EAF has to be completed before a public
hearing takes place.
Mr. Rachun - The EAF should he completed before a decision is
made. . .would caution. . . it should be completed because there may
be some input out there from one of the involved agencies .
Mr . Tyler - Wouldn ' t the Town Board be in a better position to •
make an intelligent review of the whole thing after the hearing
process . . . before they vote.
Mr. Reitz - We are voting on what action? Mr . Tyler - You are
voting on the rezoning of these 22 acres . Mr . Reitz - That is •
• part of the SEQR action to have that before we make our
determination. Mr . Tyler - But which comes first . . .getting the
communities input by the hearing, or having you complete this .
Might have input from the public which would impact and help you.
Mr. Reitz - The Town has already acted that the Town Board would
• .be lead agency; the next action by the Town Board would be to
determine what type of action it would be and that would be after
Part 1 is done . . . and we already gave it in front of us .
Mr . Rachun - Tentative assumption has been made that it is a Type
1 action. . . otherwise they would be filling out a short form.
There request was for rezoning of 38 acres which kicked it into a
long form. If this was for 22 acres , strictly on a change of
basis , it could be a short form. Only on a change of zoning
basis , without a concept plan, site plan, all the other things
that would create an impact . Or can go through the long form and
then at the end, make your decision that it is going to be a
change of zoning to 22 acres . Can use this as your tool to come
up with that decision.
Mr . Schlecht - Think that is what I was saying, the data is
there, you can make a determination of significance. Mr. Tyler
suggested having input from the public . Mr. Schlecht stated that
aim•
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TOWN OF ULYSSES I 7 'ii
Joint Town Board/Planning
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it is confusing enough here talking; do it at a public
h.earing . . . let ' s get it settled first and then have the public
hearing .
Mr . Rachun - If you do Part II to the best of your ability; this
long form is a request for 38 acres , you are considering it a
Type I action and your decision may not be 38 acres , it may be
something less . . . think the Town Board should sit down and go over
• Part II .
Part I has gone out to County Planning .
Mr . Schlecht - Reviewed Part II . . .has questions regarding impact ;
can say that this could have a potentially large impact . . . can it
be mitigated by a project change. . .Yes . . .How. . . go to 22
acres . . . so I think if the press is contemplating exactly this
type of change, and if you change, you don' t have to go back to
• , the beginning . . . you say, look Bill Auble, can it be mitigated by
project change. . .Yes . . .what are those changes . . .make it
smaller. . . so that is how the process goes . It 's not meant to
go . . . submit a new application for 23 acres and go back to square
one. . . and that 's not the way it should work.
Mr. Reitz - So a suggestion tonight would be that the Town Board
should he considering Part II in it ' s deliberation process , Alex 4.
has filled this out . If we agree to all parts of this , we the
• Board should sign off on it and forward that to the involved
interested agencies .
Mr . Rachun - Indicated that he had done Part II for zoning change
only. Did not have this in mind when it was created and
unfortunately this is the tool we have to use. Mrs . Duddleston
• asked if Part II was all filled out . Mr. Rachun said it is _
there, but basically reviewing it as a zoning change, no impact
can be designated because there is nothing in front of us that
designates an impact . This is called a contingent SEQR process ,
where one part is contingent on the second. You do the first 4.
part of the zoning change, and then when the development starts ,
the second part may be more entailed. As alluded to earlier,
without site plan review you don' t do a second part because we
aren' t involved any more. The Town is not making any
discretionary action and the developments on its own.
Mr. Reitz - This is part of the problem we have because if this
goes through we have no other impact on the proposed project
without site plan. But , since Part I was filled out , with the
conceptual plan, why shouldn' t we consider Part II with the
conceptual plan also.
Mr. Rachun - You may . . .my only word of caution if you condition
SEQR on that concept plan, that concept plan, as George said
• earlier, would need an immense amount of flexibility to be able
to do what they have to do. It may be exactly like it is or
completely different .
Mr . Reitz - Would assume George, that this is a worst case -•
scenario, or the best for your part . . .but environmentally. . . this
is the most high density, populated project that you would like
. to see conceptually in twenty years .
Mr. Schlecht - Might also be an ideal . You are looking now at an
environmental point of view, you are looking at how it will
impact on the community, what it 's going to do for the community
in terms of drawing people, etc . , it 's a lot of things .
Mr . Weatherby - Is this concept based on not having the municipal
sewer and water, as it stands now?
Mr. Schlecht - That is a good question. That is why there is a
TOWN Of ULYSSES 12
Joint Town Board/Planning
7/30/91
• white apace and there are a couple of reasons why and that is , in
part , to allow for the contingency to allow for private septic
systems . We anticipate that there will be municipal sewer/water
•
available . . .but if it doesn' t come down that way, what you see
before you would certainly allow private septic systems .
Mr. Weatherby - The concept in front of us now, even if there was •
municipal water/sewer eventually, you relate to the maximum,
because of parking. So what we see there may be what is the max
• of that area anyway?
Mr . Schlecht - That is correct .
Mr . Hogan - What you are saying is if you don' t work out
sewer/water with the Village, the septic systems are going to be
outside the 22 1/2 acres .
Mr. Schlecht - Yes . More significantly, not so much what the
septic system would be for commercial , but it would then make it
very difficult to think about any kind of residential
subdivision, with private septic systems.
1 Mr . Reitz - Asked if there had been any environmental analysis,
as far as water table, how ground water flows .
Mr. Schlecht - No. Haven' t done anything like that.
Mr . Reitz - The Board has to review Part II action, make some
determination on its impact; want to set up a public hearing
next?
•
Mr. Hogan - We can do that . We are going to want this back,
going to want this 30 day process to complete before the public
• hearing , correct? •
Mr . Reitz - Correct , after we make a determination on Part II it
goes out to the agencies .
Mr. Rachun - I have sent out Part I already to the only involved
agency, County Planning. Now the advisory agencies don' t need a
30 day period. They have until the 22nd of August . They are the
only involved agency.
Mr. Schlecht - An "involved agency" is very specifically defined.
It is an agency who has discretionary approval of a project . The
Health Dept . would not be an involved agency in a rezoning
action, it may not even be an involved agency to a building
permit in a commercial zone that already has sewer and water,
because they have no discretionary permit to issue. The County
is a little of a question mark because they have this review
pursuant to State law, they are struggling with if that means
they are an involved or interested party. An "interested party"
is anyone around who is an interest .
Mr. Reverby - Getting the impression that the Town is making the
decision to look at this as a zoning question, not too many other
people would have involvement and with the zoning examination we
• have some informal understanding that this concept plan is what
is intended to be done because it is part of the application,
even though you don' t have the amended application. You are
going to maybe passing this , and meanwhile there is no site plan
review or master plan, once the is done and the 21 acres are
passed, then there isn' t any control .
Mr. Reitz - Except for State building codes and other zoning
requirements within a business district . County Health, DOT
would come into place after zoning approval . •
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TOWN OF ULYSSES 13
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Mr . Reverby - On August 13 you are going to have a vote on site
•
plan review. If you stated that simply, you are scuttling the
possibility of reviewing what comes in if you don' t have a review
after .
Mr . Reitz - Interesting point . You are suggesting that because
the application is grandfathered in, it would not have to go
through site plan review any way.
Mr . Reverby - We don ' t know if site plan review is going to pass .
You are three weeks away from finally coordinating this after •
{ fifteen years of difficulty; seems to me that the Town Board and
Planning Board are setting themselves up for a lot of hostility
and anger , or just not doing their job. Take a thing of this
impact and make this change without allowing for review, which
they have almost in place. . . . •
There was discussion on when the public hearings and vote on site
plan, etc. would take place. a
Mr. Rachun - You are changing zoning, you are not changing the
zoning based on the concept , you are not conditioning the change
in zoning based on this concept . . . there is no grandfather,
nothing to grandfather in. When the building permit comes in, if
site plan is in place, then there is a review process . If site
plan is not in place then there is no review. Site plan is a
tool to guide people, can' t condition this zoning change on a
concept plan which is not a site plan and you can' t condition it
on a site plan because it 's not a development district request
and we don' t have site plan review in place. Because of that ,
all we are doing is saying, Mr. Auble, you've got your change in
• • zoning, it 's 38 acres , 22 acres , whatever you are going to do, or
you don' t . One way or the other the Town is going to vote on
that . But they aren' t going to vote on it and say you've got 22
acre change in zoning, and that 's your site pian. . .you can' t do
that .
Mr. Reverby - Isn' t it very hard to try to figure out whether or •
not this should be zoned commercial if we don' t know what is
going in there?
Mr . Rachun - It is called segmented SEQR. You are putting SEQR •
in place in segments . . . the first is the change of ; the second
segment is they go out with that change in zoning and come
back with tenants and a project plan, if site plan review is in
place, the Town review it ; if site plan review isn' t in place the
Town doesn' t review it .
Mr . Schlecht - Want to go on record. . . agree with what Alex has
said; but would caution the word ' segmenting SEQR' , because
segmenting SEQR is a no-no. Means a special thing when you go to
regulations . It is true, rather than segmenting, we are looking
at an on-going process maybe. When we filled out Part I , it
wasn' t segmented in the sense that we ignored projections of what
we expect the environmental impact to be. . . that ' s the reason the
concept plan was drawn was to show you what the ultimate build-
_ out would be eventually, based on a twenty year plan. . .and to
that extent it is not segmented. Segmenting is something that is
criticized. . .because you say this action has no impact , rezoning
by itself is only an action involving paper changing, that has no
impact . We are not segmenting, we have addressed the expected
effects of the rezoning action as specifically as we can.
Mr . Rachun - Use it in that context because if this is treated as
a zoning change, and if there is nothing in place later on, for
you to come back with, then I think it has to be looked at as
segmented SEQR. If the Town Board is going to entertain this
concept plan as a condition of SEQR, which I still feel won ' t
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TOWN OF ULYSSES {e. 14 •
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•
hold up in court , if they are going to entertain that as
conditional on your negative declaration, then they have a lot of
work on this particular application. They are going to have to
entertain County Health, DOT and every other involved agency
based on that . So if you aren' t going to involve them and you
are going to treat it as a change, think this is the way it
, -, should go. Agree with you that segmented SEAR is a no-no.
Mrs . Keil - Would like to go back again to master plan committee , •
•
which I know I keep relying on, but as a planning board member
feel it is a long time coming and would, now that we have the
•
committee, have their thoughts . Now that we have come to this
idea that there would be 22 . 27 acres , that may be rezoned
commercial , based on a conceptual plan that may or may not happen
as it is . . .what I think is something that should be taken into
consideration is what do we need if this came out the space that
we want to make commercial . . . is this enough space for what we
want or is it too much space and is that 22 acres a good figure. Pr
Mr . Schlecht - This is a twenty year projection. ,
Mr. Reitz - Also the commercial districts , business district to '
other parts of the Town. •
r Mrs . Keil - And the Village! One of the things we have to •
mention is that we want to keep the Village viable, and do we
want to do this thing and suck it all out . . .is it really healthy.
These are the kinds of things that the master plan committee is
addressing and they are the people we should be going to for that
kind of input . •
•
, Mr. Tyler - All planning board members are invited to the master
plan meeting tomorrow night .
Mr . Hogan - Basically, when the Town Board had to vote on
annexation, the majority of the Town Board at the time felt that
the annexation was a good idea. There was a list of several
reasons why we felt that way. Felt the added tax base would be
good, the added services to the area, etc. and felt that
_ annexation was a good idea. So think the Town Board has already •
gone on record to say that they feel commercial development is a
reasonable idea up there. The exact size. . . I don' t know. . . you
could talk from now until we are 150 on exactly how many acres is
• the right idea, but the market dictates that . It could be one
store for a long time; if the Octopus opens up. . . then it could .
change. . .but, basically you are here with a concept .
Mr. Rachun - One of the things Andy Scott alluded to earlier in
• this meeting is the fact that people are constrained in the
center of the Village here because of the NYS building code and I
have to attest to that . The fact remains that when you change •
the occupancy classification of a building that building has to
' be brought up to code 100% and it ' s virtually impossible, and we
have been very liberal with our interpretation about what
occupancy change means in the Village. Have tried to accommodate
it , but there are still about 20 requests, that people in the
Village have requested to put something in and they can' t because .
of the building code and they can' t meet the code because of the
nature of their building. Do have very real constraints along
with all the others that have been argued. . .parking, etc. , etc .
Mr. Hogan asked about the 22 acres . . .Mrs . Stover and Mr. Perkins
felt it was OK. Mrs . Duddleston asked if they want this settled
tonight or do we take the whole concept for the entire acreage to
the public hearing. Mr. Hogan stated that the acreage needs to
be settled so Part II can be done and then set this up for public
hearing.
•
•
•
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TOWN OF ULYSSES 15
Joint Town Board/Planning
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Mr . Rachun - Will need to amend each of these. . . explain why.
Mr . Hogan - Master plan meets tomorrow night . . . perhaps we can
make that meeting and run this by them.
Mr . Schlecht - Think that from the time the EAF, Part I is
completed, and it has been, there are twenty days to take an
action . This action does not involve a public hearing. What we
are asking is that the Town Board, acting as lead agency , fill
out Part II . If there are places where the request , as made, can
be mitigated by changes , that the appropriate way to do it would
be to check off ' this project can be mitigated by making a
change' , and stating what the change is . Prior to going to a
public hearing ; the public hearing will be on the rezoning
request , not SEQR per se. Assuming it is a negative declaration.
Mr. Hogan - But the public hearing would be based on our
recommendations for the 22 . 5 acres .
Mr . Schlecht - If that is what you decide, then we would have to
revise the drawing .
Mr. Reitz - The twenty days would be August 6.
Mr. Hogan asked Mr . Rachun how much time is needed to do Part II .
Mr. Schlecht said you could do it tonight . Mr. Tyler said it
will take a couple of hours .
Mr . Schlecht - It would take one meeting . To sit down and answer
those questions , check off yes or no. Bad news is that you
really have to sit down and go through that Part II . You will be
better served to do that before going to a public hearing on the
zoning question. Going to have to come back, I presume at that
point, and say Yes , we feel that this project will not have a
significant impact . . . the rezoning request will not have an
impact , if these changes are made. That is what I am hearing .
Mr . Hogan - We have a public hearing set up for the 6th of •
August. . .shouldn' t take long, could do it then, or on Saturday
morning . Have we advertised as yet?
Mrs . Georgia stated this public hearing on the 6th has been
advertised; can post this meeting on the bulletin board.
Mr . Rachun - You are all focused on what you are doing. . . focused
on the fact that if you are going to say 38 acres is too much and
22 , whatever acres , is OK. . . that you are going to have a
reasonable explanation for that and that reasonable explanation
is going to be based on something; something that has been
presented here tonight that cannot be conditional on a negative
declaration but can help you as a guide. You have to realize
that it is in no way binding.
Mr . Hogan - Perhaps we can set up a date for a public
hearing . . .what do we need, 15 days?
Mrs . Georgia - Yes , believe so .
Mr. Reitz - Would be cautious about setting a public hearing
tonight . Principal reason is we don' t know how this Part II is
going to go; perhaps wait until next Tuesday, August 6 or wait
until the Regular Town Board meeting on August 13 to set the
date.
Everyone agreed with this suggestion. . .Mr. Hogan said we will set
the public hearing date on Tuesday.
Mr. Hogan entertained a motion to adjourn the meeting, moved by
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TOWN OF ULYSSES 16
Joint Town Board/Planning
7/30/91
Mr . Reitz , seconded by Mrs . Stover. Meeting adjourned at 8 : 45pm.
Respectfully submitted,
Marsha Georgia
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TOWN OF ULYSSES
ZONING BOARD OF APPEALS
AUGUST 5, 1991
PRESENT: Chairman Gail Zabawsky; Board Members Ken Christianson,
James Hickey, Carl Mann and George Tselekis; Zoning Officer
Alex Rachun; Secretary Rita Brown.
OTHERS PRESENT: Mr . & Mrs. Edward Biondi , Tim Fallon, Tom McGory,
Mr . & Mrs, Tim Maguire , James Hubbard, Ron Rabke, Harold Bush.
Chairman Gail Zabawsky called the meeting to order at 7:30 p.m. The
first hearing was for a request by Edward Biondi for a variance under •
Article II , Section 6 of the Zoning Ordinance for the purpose of
building a garage. This was denied under Article V, Section 1 of the
the Ulysses Zoning Ordinance in that a legal conforming lot must be one •
acre and have 200 feet of frontage. The property at 4 Maplewood Point •
does not meet this requirement . •
•
Mr. Biondi explained that the garage would be on an existing driveway,
approximately 20' in width and 23' in depth, approximately two-thirds of
the way up driveway. It will attach itself to the house. There is
already two walls there, three including the side of the house. The
building will be tall enough to have a storage room above it; it will
have a 10 foot garage door. Tim Fallon, neighbor to the south, spoke in
favor of the proposal . Tom McGory, neighbor closest to the driveway,
• also spoke in favor. •
Mr . Christianson moved the following! •
WHEREAS: the variation involved in this particular project is not
substantial in relation to the requirement in view of the
of the fact that it is a lake property and in view of the
fact that there is already two existing walls there. •
WHEREAS: there would be no increased population as the result of •
this proposed project.
• WHEREAS: there would not be any significant change in the
character of the neighborhood as result of this project.
WHEREAS: the difficulty cannot be obviated by any other method.
BE IT RESOLVED: in view of the manner in which the difficulty
arose and considering all of the above factors, justice
will be served by allowing the variance .
•
Motion seconded by George Tselekis,
Ms. Zabawsky called for a vote as follows:
Mr. Christianson aye
• Mr . Mann aye
Mr . Tselekis aye
Ms. Zabawsky aye
• Variance approved as the motion was stated.
•
At 7:40 p.m. the Board began the second hearing for Timothy Maguire for
the purpose of placing two signs at Maguire Chevrolet which was denied
under Article VIII , Section (1a,g) (3a) of the Ulysses Zoning Ordinance
in that no sign shall be closer than fifteen feet from any road right of
° way; no free standing sign shall exceed fifteen feet in height ; free
standing business sign shall be no larger than 40 square feet.
Tim Maguire explained that he would like to use the Chevrolet sign and
the Geo Sign (unlit) that was used for Gal Chevrolet . The Geo sign will
be back between the driveway and the Duddleston Road in a cleared off
area (a tree will be removed) with railroad ties around it. That is
where his property line is. He wants to place the Chevrolet sign on the
hill where 3 or 4 cars are parked now, the base of the sign will be
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•
roughly five feet down the hill , closer to the Chevrolet Building. It
will be lower than the Ford sign. The sign will be on Maguire land.
The signs will be 110' back from the road,
Mr. Hickey noted that there is a precedent for this type of situation.
It was the Boards decision to grant an area variance for the following
reasons: 1 ) Its clearly not a special use permit; 2) it not a use
variance , and 3) because the preamble to the section of the Zoning
Ordinance that deals with the area variances says that the Board mar
hear an appeal for an Area Variance to relieve dimensional or similar
• requirements. Having stated that, Mr. Hickey moved the following:
WHEREAS: the variation may be substantial , it is not so •
• substantial so as to be prohibitive ;
WHEREAS: there is to be no impact on increased population or
use of the Town's facilities; •
WHEREAS: there will not be a substantial change in the character
of the neighborhood in view of the fact that the sign
itself has been part of this area for a number of years;
WHEREAS: we would put these applicants to a serious and costly
practical difficulty if we were to deny the variance;
BE IT RESOLVED: in the interests of justice, the Board grant
the area variance at this time.
Motion seconded by Mr . Christianson.
Ms. Zabawsky called for a vote as follows:
•
Mr. Christianson aye
Mr . Mann aye
Mr. Tselekis aye
Mr . Hickey aye
Ms. Zabawsky aye •
Variance approved.
At 7:55 p.m. the Board began the hearing for Blue Ox Corporation of 1854 •
Trumansburg Road, Jacksonville, NY. This application is for the purpose
of placing an advertising sign in a business district which was denied
under Article VIII , Section la of the Ulysses Zoning Ordinance in that
no sign shall be closer than fifteen feet from any road right of way. •
Mr. James Hubbard explained that they are changing the name of the
convenience store from Jim's Place to Nice N Easy Grocery Shoppe. They
would rather not use the current sign pole as it does not seem very
stable , and the current sign is in violation of the size requirements,
being 45 square feet instead of the 40 square feet that is allowed, and
it is hanging two feet over into the highway right of way right now.
They intend to put up a new sign in place of the existing sign and make
it six feet instead of ten feet wide and bring it back within the 40
square feet. The height of the new sign will be a little over 15' .
Alex Rachun expressed concern that if the two poles were to be filled in
with signs, it may block the view. He recommends that signs be Kept up III
high enough so as not to block vision. The yellow reader board that is
currently there will be removed. Alex indicated that he has had one
complaint about visibility,
As preference to the motion, Mr. Hickey indicated the appropriateness of
an area variance as opposed to any other type of relieve that the Board
is authorized to grant. Having stated that, Mr. Hickey moved the
following:
WHEREAS: the variation may be substantial in relation to the
requirement, It Is not so substantial as to be
prohibitive especially in view of the problem that
adhering to compliance would create;
WHEREAS: there would be no impact of population density or any
• •
v , 1
municipal services; r
WHEREAS: there would be no change in the character in the .
• neighborhood or detriment to adjoining properties;
WHEREAS: there clearly is no way this particular goal could be
accomplished without a variance;
WHEREAS: a concern has been raised about potential safety problems
raised by height level of the attached reader boards or
other off signs;
BE IT RESOLVED: that a variance be granted on the condition that
no sign, reader board or other attachment extending •
between the poles be erected any lower than six feet off
the grade. The safety factors concern visibility of cars.
Motion seconded by Mr. Christianson.
Ms. Zabawsky called for a vote as follows:
Mr. Christianson aye
Mr . Mann aye
Mr. Tselekis aye •
Mr. Hickey aye
. Ms. 2abawsky aye
Variance approved.
At 8:10 p.m. the Board began the hearing for the Seven Lakes Girl Scout
. Council of 1385 Taughannock Blvd. This application is the purpose of ••
building a maintenance building which was denied under Article V,
Section 2 of the Ulysses Zoning Ordinance in that all buildings in a •
residence district shall be fifty feet from highway right of way. ,
.' Ill Mr. Ron Rabke explained that they want to build an equipment storage
• building that will be 20' x 60' , pole barn type, metal building. It .
will not be seen from the highway. The building will be placed north of
the circle driveway area in a clearing. They will have to remove a
minimal number of trees. This building will be a central maintenance
• center for their seven properties, and all of their rangers will be ..•
bringing in their equipment to work on, and for safety reasons they do •
• not want to be taking all their equipment and tractors down the steep •
incline . During the winter months, they will be able to use this work
area when the main campus is shut down. No additional access will be
needed off from Route 89. They will continue to use their own access by •
making a clearing to this area from their driveway. The building will •
face towards the lake so that tractors and equipment cannot be seen from •
the highway. They have three tractors and four trailers that will be _.
parked in that area and they plan to hold ranger workshops there, will ••
. need parking for approx. seven trucks. There will be one office in the .
• building for maintenance manuals, utility drawings, etc. , but there will .
be no one assigned specifically to this office . The building will be
approximately 75 feet from the edge of the highway. •
Mr . Hickey noted that this application is from an organization that is
well -recognized In the area and it has been taken into account the
Zoning Officer's remarks about the timeliness of previous work and the
proficiency with which this has been accomplished. Having made this
statement, Mr. Hickey made the following motion :
. WHEREAS: the variation in question is not substantial especially
in view of the fact that it is 50 feet from the actual
highway. as used;
WHEREAS: there would be no impact in terms of population density
. thus produced on available governmental facilities;
WHEREAS: there would be no substantial change in the character
of the neighborhood or certainly no detriment to
adjoining properties, noting that there is insubstantial
change in that there will be a building there where there
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is currently nothing there;
WHEREAS: the difficulty as explained is formidable and cannot be
• resolved in any other realistic method ,
BE IT RESOLVED: considering all of the above factors the Interests
of justice will be served by allowing this variance .
Motion seconded by Mr. Christianson.
Ms. Zabawsky called for a vote as follows: v.
Mr. Christianson aye
Mr. Mann aye
• Mr. Tselekis aye
Mr. Hickey aye
Ms. Zabawsky aye
Variance approved.
• Hearing no further business, Mi : Zabawsky moved to adjourn the meeting.
Seconded by Mr. Tselekis. Meeting adjourned at 8:25 p.m.
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TOWN OF ULYSSES Ire
• PUBLIC HEARING
TAUGHANNOCK HANDCRAFTED LOG HOMES PUD
August 6, 1991
Present: William Hogan, Supervisor; Thomas Reitz , Catherine
Stover, Councilpeoplo; Alex Rachun, Zoning/Building;
Marsha Georgia, Town Clerk.
Others Present: David Auble, Taughannock Log Home people,
Seville Reulein, Jerry Perkins, M. Budd Stover.
Purpose: To hear public comment on establishing a Planned Unit
Development for Taughannock Handcrafted Log and Timber
• Construction, Inc.
Mr. Hogan opened the
public hearing at 6:30 pm. Mrs. Georgia
read the legal notice as published in the Ithaca Journal on July
22, 1991 .
Mr. Hogan asked for public comment .
M. Budd Stover spoke in favor of this PUD.
David Auble spoke in favor.
• Jerry Perkins spoke in favor.
Hearing no further comments, Mr . Hogan closed the public hearing
at 6: 45 pm.
Respectfully submitted,
-• Marsha L. Georgia
Town Clerk
pm
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AMEMMIINEEMEMMEMA
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A • c e
. TOWN OF ULYSSES
SPECIAL BOARD MEETING
August 6 , 1991
Present : William Hogan, Supervisor; Thomas Reitz , Catherine
Stover, Councilpeople; Alex Rachun, Zoning/Building;
Marsha Georgia, Town Clerk .
Others Present : David Auble, Taughannock Log Home people,
i Seville Reulein, Jerry Perkins , M. Budd Stover . .
Mr . Hogan called the Special Board Meeting of the Town Board to ,
. order at 6: 45 pm.
The Board reviewed the map and SEQR for Taughannock Handcrafted
Log and Timber Construction, Inc. request for PUD. Mr . Hogan
asked Hr. Rachun to comment .
® Mr . Rachun said he had talked to County Planning and Finger Lakes
Park. . .have letter on file stating they have no concerns for the
project as presented. Need a survey map as early as possible and
a legal description thereof .
Mr. Reitz asked about SEQR action on impact on land. . .any
justification of Part II? Mr. Rachun said it is not a major
impact , as far as noise. . .did a noise study there. . .noise impact
seems to be fairly minimal .
Mr. Reitz said there are two other X's. . . impact on aesthetic
resources and noise and odor impacts; page 9 and 10 . Both are
. listed as small to moderate. Mr. Reitz asked what Mr. Rachun' s
reasoning was for checking these off . Mr. Rachun said as far as
impact on open space and recreation, being private property don' t
•r know if it was open for recreation. . .but aside from that the -
proximity of the gravel pit is a deep depression in the ground, -
if you were to do a line side across it you wouldn' t see the
activity that was going down, very close proximity. Almost have
to be on top of the edge of the pit to see the activity below.
As far as noise and odor impact. . .we again went back to minimum
noise, and that 's an assumption that when leaves are off the
trees you may hear it . Don' t want to say there is no noise. . .and
as far as $11 is concerned, impact on growth in the community, .
character of the community and neighborhood, one of the No votes
on the Planning Board expressed the concern that they wouldn' t
like this to set precedence as far as commercial development
around the park, as part of the land use policy, master plan,
etc. This was an opinion expressed by one member of the Planning
Board. As far as the impact, I expressed my belief to the .
• Planning Board that this type of activity was closer to some
agricultural activity than to some commercial activities ;
basically harvesting and using trees, although not locally, and
then shipping them out . That was just something that the
Planning_ Board included in i11.
Mr. Reitz said, then based on Part II , would it be your
recommendation that we make a negative declaration of
environmental impact? Mr. Rachun said Yes it would.
Mrs . Stover said there is a letter from the State Park? Mr .
Rachun said everything is in the folder.
Mrs . Stover asked what Weather Master is and Mr. Rachun said the
product information is also in the folder. Mr. Reitz asked if
there was an EPA number associated with that? Hr. Rachun said if
there is it would also be in the folder.
Mr. Hogan said that Weather Master is a product that is used to
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Town of Ulysses 2
Special Town Board Meeting
August 6, 1991
treat the logs. Don said this product is painted ont he outside
of the logs . This is a product that has been used in California
for fifteen years and has the toxicity of nutmeg. Very safe and
works just as well as the strong stuff that is used elsewhere.
Non-chemical vehicle.
Mr . Reitz asked about the truck traffic and limits of the
road. . .what transportation routes do you plan? Don said the
primary route would be to use RT 96 and go down Jacksonville
Road. Bridge in State Park will take weight of trucks. . . checked III
with DOT.
Mr. Hogan asked about the bark. . .Don said they have someone
gather it and take it.
Mr. Reitz said I have one other question that we might include in
the PUD specifications . . .my concern is the right-of-way from the
• Park road back to your property, it isn' t defined. Don said I am
not going to buy the land unless there is a permanent easement . '
Mr. Reitz said perhaps the wording could be modified. Mr. Rachun
said that Don Oliver assured him that the right-of-way that the
Park has , 100 ft . from the centerline of the Park road is granted
to Jim Scott , his heirs or anyone he sells the land to. Mr.
Reitz said think it should be included in this description so
that we are covered.
Mr. Hogan asked if Mr. Reitz wants to include something in there •
now. Mr. Rachun said that in closing, he [Don] will have a legal
description. Mr. Reitz said I think a copy of the legal deed
•
needs to be provided.
Mr. Hogan asked if that was indeed our concern? Mr. Reitz said
absolutely. . . if he loses the right-of-way, we have created a PUD
without any access to it. It is our responsibility to be sure
that the PUD we are approving has all the proper accesses . I am
making a simply modification that a copy of the legal deed be
provided to be incorporated into this application. Would you
• like that in the form of a motion?
Mr. Hogan said am trying to determine what we need here to
satisfy your question. Basically we don' t want to put the entire
legal deed in our zoning ordinance, just want a statement . Mr.
Reitz said that is Item J. Change that to read 'a copy of the
legal deed shall become incorporated in the application' . A
legal deed includes right-of-ways, etc.
Mr. Reitz said the first point of order should be that we declare
a negative declaration on SEQR, have action on that, then we then
have to accept this document, and make modifications .
Mr. Reitz moved, seconded by Mrs . Stover the following: That the
Ulysses Town Board declare a negative declaration under this SEQR
act for Planned Unit Development District #20 .
Mr. Hogan Aye
Mr. Reitz Aye
Mrs . Stover Aye
Approved. I
Mr. Reitz moved, seconded by Mrs. Stover the following: That the
Town Board, Town of Ulysses approve Development District #20 as
presented (see attached) .
Mr. Hogan asked for discussion. Mr. Reitz stated that he would
like to offer the following amendment to the document . . . that 4J
be modified to read: "A copy of the legal deed shall become
V
Town of Ulysses 3
• Special Town Board Meeting
August 6 , 1991 Ij,
incorporated in the application, including conveyances of rights-
of-ways . Seconded by Mrs. Stover .
Mr. Hogan Aye •
Mr . Reitz Aye
Mrs . Stover Aye
Approved.
Mr . Reitz said that covers the amendment , I would like to vote
upon the approval of the Development District . Mr. Hogan asked
for a vote on the original motion to approve the following:
1 . This district shall be known as Development District 20 .
2 . The purpose of which said district may be used as is: A pre-
building site for hand crafted log houses . Logs may be delivered,
hand peeled, scrubbed, heated, assembled, labeled, disassembled,
• and shipped to destination.
3 . Area of said district: Beginning approximately North 9
degrees to. 2 feet East, 825 feet +/- of a pin set . in center of
Park Road and continuing approximately .North 82 degrees to 58
feet West 300 feet +/-; then North 7 degrees and 51 feet East 600
feet +/- , following South 81 degrees to 14 feet East , 300 feet
+/- and returning South 600 feet . +/- to point. of origin. Area of •
said district approximately 4.18 . acres. _ •
4 . Specifications of said district.- are: "
'.: a. There shall be an area within the parcel of 50 ft . of
trees along the. park . line as a buffer. .
b. There. shall be. no night time operations , and
weekend operations shall be- only on occasional basis .
• c. The building shall be set back from park boundary 100
feet and other three boundaries at least 50 feet . •
d. The elevation of. building-shall be as depicted in the
application below the . level of surrounding terrain.
e. The building shall be completed within five years.
f . There shall be. no solid. waste or liquid waste disposal on •
site.
g. There shall be proper storage of petroleum . fuels on site •
not . to exceed. 275 gallons at . any one time.
h. The . type of wood. treatment to be used . shall be limited to
that presented to the Board .by applicant . . (Weather-Master)
i . A "portable potty" shall be put on the site. .
j . A copy of the legal deed shall become incorporated in the
application, including conveyances of rights-of-ways.
5 . THIS AMENDMENT SHALL BE. IN EFFECT UPON ADOPTION AND
PUBLICATION AS . PROVIDED BY .LAW. .
Mr. Hogan . . Aye
Mr . Reitz Aye
Mrs . Stover Aye
Adopted.
Mr. Hogan stated that also at this Special Board Meeting we are
going to talk about Part II SEQR for the Auble request and set a
date for the public hearing.
The Board reviewed Part II . See attached.
The following is in response to the potential impacts identified
in the Part 2 EAF prepared by the Town Board of Ulysses . Please
• refer to the Part 2 for the appropriate sections.
IMPACT ON LAND: p. 6 , 1-2: The "Tompkins County Soils Map"
of the Soil Conservation Service indicates that seasonally
• high water may occur at a depth of between one and three
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Tow.. of Ulysses 4
Special Town Board Meeting
August 6, 1991
feet for approximately twenty percent of the site. The
Board believes that this concern can be alleviated during
the building permit procedure. High seasonal water table is •
very common in the Town and is easily controllable by
standard building techniques , footing drains, etc.
Local history indicates that wells in this area are
generally deep rock wells and that the perched ground water
table is not directly linked to the underlying aquifer.
This fact mitigates concerns regarding pollution of the III
aquifer through ground water contamination.
p. 6, 1-5: This action if approved will no doubt result in
the construction of commercial buildings suitable to the •
site. It is expected that this will continue for some
unknown period of years . The Board believes that the
intensity and duration of the construction undertaken will
be typical for the Town. The Town Board believes that it is
more desireable to concentrate this type of construction in
• a cluster close to the Village. The Board further believes
that if this type of development were not to take place here
it would be scattered throughout the Town with increased
negative impacts . The Board further believes that the
duration of the construction is beneficial in that each •
building or section will he built in response to actual
demand. The Board observes that if construction were
undertaken all at one time and the demand did not exist it
would result in vacant and unsightly buildings, and,
therefore, finds that ongoing development in stages is a
necessary result of the action, and will not have any
significant environmental impact .
IMPACT ON WATER: p. 7 , 5-9: The Town Board of Ulysses
recognized that the proposed action, if approved would allow
a gasoline station on the site, which is an allowed use in a
"Business" district . This could result in the storage of
• petroleum or chemical products greater than 1100 gallons . •
The Town Board observes that any such storage of gasoline or
petroleum products would require the appropriate permits
• through the building department , through the EPA, and DEC
for the safe storage of such products, and believes that the
potential negative impact is both speculative and minimal .
p. 7 , 5-11 : The Town Board identifies that if this action is
approved that increased commercial/industrial use could
require new, or expansion of, existing waste treatment .
However , the Board observes that the existing Town business
district does not allow industrial uses of a type which
might generate high flow sewage. It also observes that the
proposed commercial uses would likely generate less sewage
than the residential uses which are presently allowed in the
district . The Board also believes that sewer and water lines
are already on the property and that this lessens concerns
for sewage disposal .
IMPACT ON AGRICULTURAL LAND RESOURCES: p. 8 , 10-3 : The Town
Board recognizes that the proposed action would result in
the conversion of more than ten acres of agricultural land
to non agricultural use. The Board believes that this may be
a small to moderate impact.
The Town Board observes, however, that the applicant for the
project is the current user of the agricultural land and
that he is asking that it be converted due to the uneconomic
nature of continuing it as an agricultural use. The Board
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Town of Ulysses 5
Special Town Board Meeting
August 6 , 1991
also observes that the agricultural uses in the past had
only marginal economic utility both to the current owner and
to the community.
IMPACT ON AESTHETIC RESOURCES: p. 9, 11-1: The Town Board
recognizes that the proposed change to business district
will result in construction of commercial buildings on now
vacant land, thus resulting in change to the visual pattern
presented. The Board observes, however, that the surrounding
%'• present land use includes industrial storage of petro
chemicals on an adjacent piece of property. There are other •
commercial uses in close vicinity. The Board believes that
properly designed buildings and facilities will not be in .t
marked contrast to the overall visual use patterns presently
existing. The Board also observes that the location of the
land does not offer any significant views from adjacent
• lands , roads or public ways.
o The Board concludes that a visual change is an inevitable
consequence of the action but that the negative impacts
would be both speculative and minimal .
IMPACT ON TRANSPORTATION: P. 10, 14-1: The Town Board
recognizes that the action if undertaken could result in
construction of a commercial area which will result in an
increase of traffic. The applicant has stated that for the
next 20 years approximately 23 acres of the entire subject
site would be developed commercially. Further existing
zoning regulations would effectively limit the amount of
development within the area. The applicant estimates that
the maximum hourly increase in traffic at 503 trips . The
Board believes that based on the projections presented that
the traffic will gradually increase over time and that it
will be acceptable and will not have a significant impact on
the existing highway system.
NOISE AND ODOR IMPACTS: P.10, 16-3 : The Town Board
recognizes the action if approved will result in commercial
construction over a period of time. During and after
construction the Board recognizes that noise generated on
the site will be greater than what currently is generated
from a vacant field. However, the Board believes that the
ambient noise during and after construction will be no •
greater than what currently exists within other business
zones within the Town, and that it will be within an
acceptable range, and will not be a significant impact .
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD:
P.11, 18-4: The Town Board recognizes that the proposed
action may result in the following impacts :
The proposal is that the area in question be rezoned from
residential to business . This could result in a change in
the density of the land use. The Board observes, however,
that the present allowed use as a residential area allows
multi-family construction to go forward as a matter of right
with a density in excess of 200 units . The Board believes
that this property if developed to its currently allowed
maximum would have greater negative impact than the use
proposed both in terms of transportation, sanitation, water
demands , and school facilities .
The Town Board believes that this land if developed in
accordance to the proposed zoning may create additional
demand for certain community services such as police and
fire protection. However, the Board also believes that as
compared to the currently allowed uses including relatively
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Town of Ulysses ea/ 6
Special Town Board Meeting
August 6, 1991
high density multi-family, that this proposal will not be
creating a demand greater than what is already contemplated.
The Board observes that this is particularly true in terms
• of demand for school space and notes that the proposed
project will result in considerable tax revenues for the
Town and for the school district . The Board believes that
this additional revenue will offset any increase demand for
additional community services and will be a substantial
benefit to the school budget without any increase in demand.
• The Town Board observes that the proposed action will also
have a positive impact by creating employment . The Town
Board believes that encouraging commercial business growth
in this area would be beneficial by creating jobs in which •
people can be employed without having to travel all the way
to Ithaca.
The Town Board also believes that this rezoning will have
other beneficial impacts by retaining in the local community
shoppers who otherwise are commuting. The Town Board
believes rather than having a negative impact on the local
Village that by bringing in employees and retaining shoppers
that the entire area will benefit over the long run.
CONCLUSIONS:
The Town Board observes that the applicant has completed
Part I of the EAF and has presented for the Board's review
estimates based on a twenty year projection of demand and
development . The applicant states that the estimates
prepared were based upon the commercial development of
• twenty three acres which he asserts is the maximum expected,
due to economic demands , over the next twenty years. The -
developer also has asserted that the plan thus prepared, and
used for the projections and estimates contained in the Part
I , were based on the maximum allowed density, as contained
in the Town business district .
The Board agrees that currently the effective limit to
commercial density results from the required ration of
•- parking space to net floor space. The Town Board of Ulysses
observes that the request for rezoning included 38 . 6 acres
of land owned by the applicant, and that if the entire 38 . 6
acres were to be developed to minimal could be large and
significant . Therefore, the Town Board believes that by
• reducing the rezoning request to the 23 acres contemplated
by the applicant in his submittal , that the otherwise
significant impacts can be adequately mitigated and lessened
to an acceptable level .
The Board discussed question 19: Is there, or is there likely to
he, public controversy related to potential adverse environmental
impacts? and did Part 3 - Evaluation of. the Importance of Impacts
as follows :
PART 3 EVALUATION OF THE IMPORTANCE OF IMPACTS
(RE: AUBLE REZONING APPLICATION)
It is the judgement of the Town Board that a 38 acre Zoning
Change could potentially have a large impact on the
community based on our current zoning and a typical
commercial build out . A reduced commercial change to 23
acres however should mitigate the large impact as
demonstrated by the concept plan presented by the developer
and relating that concept plan to the requirements in our
zoning (re. parking requirements, set backs, etc. ) .
Mrs . Georgia was asked to send copies of :
Town of Ulysses 7
Special Town Board Meeting
August 6, 1991
1. Application for re-zoning.
2 . Copy of map that is a potential typical build out related
to our zoning.
3. Part 1 - Full Environmental Assessment Form.
4. Part 2 - Project Impacts and their Magnitude.
5 . Town Boards responses to the yes answers on Part 2.
6. Part 3 - Evaluation of the Importance of Impacts .
These copies were sent to: Tompkins County Planning, Village of
Trumansburg, Town of Covert, Town Attorney Bruce Wilson, County
of Seneca.
The Board set September 3, 1991 at 7:00 pm for the public
hearing. The Clerk will find out the availability of the school
auditoriums.
Hearing no further business , Mr. Hogan entertained a motion to
adjourn the Special Board Meeting, moved by Mr. Reitz , seconded
by Mr.s Stover. Unanimously approved, the meeting adjourned.
Respectfully submitted,
Marsha L. Georgia
Town Clerk
pm
TOWN OF ULYSSES 100
REGULAR TOWN BOARD MEETING
• . August 13 , 1991
Present : William Hogan, Supervisor; Thomas Reitz , Catherine
Stover , Carolyn Duddleston, Robert Weatherby,
Councilpeople; James Meeker, Highway Superintendent ;
Alex Rachun, Zoning/Building Insp. ; Jeanne Vanderbilt ,
Bookkeeper; Marsha Georgia , Town Clerk.
Mr . Hogan, Supervisor, called the Regular Town Board meeting of
the Town of Ulysses to order at 8 :00 pm and led those in
attendance in the Pledge of Allegiance to the Flag of the United
` States of America .
Mr . Hogan entertained a motion, moved by Mr . Reitz , seconded by
Mrs . stover to approve the minutes of the following meetings:
Regular Town Board Meeting 7/9/91; Public Hearing 7/16/91; '.
Special Board Meeting 7/16/91 and Special Board Meeting
7/18/91 .
Mr. Hogan Aye
Mr. Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Aye
Mr. Weatherby Aye
Approved.
Report : Trumansburq Fire Department
Mr. Hogan read the report for July (see attached) .
Report : Representative James Mason
• Absent
Claims
F,
Mr. Hogan entertained a motion to approve Claims #258 - 293 in
the amount of $24,051 . 89, moved by Mr. Reitz , seconded by Mr.
Weatherby.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs . Stover Aye
• Mrs . Duddleston Aye
Mr. Weatherby Aye
Approved.
Supervisor' s Financial Report
Mr. Hogan asked Mrs . Vanderbilt to go over the budget stats .
Mrs . Vanderbilt said that we have some overdrawn situations that
need to have budget adjustments , which is customary.
Youth payroll was discussed. Mr. Hogan suggested setting a time
to have a meeting to discuss the budget and adjustments . This
meeting was set for August 19th at 7 :00 pm.
Mr. Reitz asked if actual figures had been received from the
State about our reduction. Mr. Hogan said Yes , a letter from
Marty Luster.
Hearing of Delegations and Individuals
Mr. Hogan said we have received a request from Sleeping Bear
Futons for an amendment to Development District #16 which is the
i
.Y •I �. S•S.. .�'t.
Town of Ulysses 2
Regular Town Board Meeting
August 13 , 1991
• old John Deere Dealership on Rt 96. Alex has reviewed the
request . This will basically be a retail store and related light
manufacturing. There is a legal description, other forms as
required and the EAF short form. It is complete.
Mr . Reitz stated that as long as these specifications can be
included with the description. Think it should be forwarded to
our Planning Board for their consideration. Mr. Hogan suggested .•�
setting a date for a public hearing. The date for the public
hearing was set for September 10th at 7 : 00 pm prior to the
Regular Town Board Meeting. o••
OLD BUSINESS
Site Plan Review
Need to digest comments from the public . Mrs . Duddleston asked
if it was possible to put this on the ballot and let the people
vote? Mr. Wilson said it is adopting an ordinance and is
normally a Town Board responsibility . Some discussion ensued.
Mr . Reitz said that after his review of the document and hearing
• the comments from the public that he would move to send this back
to the Planning Board for reconsideration, seconded by Mrs .
Duddleston.
Lengthy discussion ensued with Mr. Tyler and the Board, regarding
various aspects of the document . Mr. Hogan said there are many
important considerations coming up shortly, keep putting this off
it will end up costing you dearly. Have reviewed this document ,
and don' t feel there is anything in it that is unreasonable. •
Talked with people who signed the petition; they said they hadn' t
read Site Plan and didn' t really know what it was about . Feel
• this document is important and needed now. Hearing no further
discussion Mr. Hogan called for a vote on the motion on the
floor.
Mr. Hogan Nay
Mr. Reitz Aye
Mrs . Stover Aye
• Mrs . Duddleston Aye
Mr. Weatherby Aye
Adopted.
Mr. Tyler asked how the Planning Board should proceed. . .Mr . Hogan
suggested a joint meeting between the Planning Board and Town
Board and review the entire document . The Planning Board will be
meeting next on Tuesday, August 20th; will try to be finished
• with business and meet with the Town Board at 8 : 00 pm.
Mr. Reitz asked about the vacancy on the Planning Board. Mr .
Hogan read a letter of resignation from Roland Reynolds . should
• put a notice in the paper and a time that we will be available to
interview interested applicants . Suggest a Saturday morning;
this is to finish the unexpired term of Roland which would be
12/92 . Mr. Hogan mentioned meeting September 14th at 8 : 00 am,
with letters of interest due by September 13 . Will also contact
former applicants for the Planning Board to see if they are still
interested and Mrs . Georgia will advertise in the newspaper .
Water Study
Mr . Hogan said that he had met with County Planner Jim Hansen
regarding the Appalachian Regional Grant that is available for
water systems . There was a list of requirements and one item we
did not have was an engineering sketch and a cost estimate for
extending the current water system up RT 96 to the Town line into
Jacksonville. The County Planner has asked us to supply the
•
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Town of Ulysses 3 •
Regular Town Board Meeting
August 13 , 1991 •
sketch and estimate and I told him we will depending on the cost . •
The last engineering report was provided by Hunt Engineering. . .
>4. called them and asked the cost of an up-date. . . and was told that
an estimated figure would be $1 ,500 . Told Jim Hansen it would be
$1 , 500 . and he felt that was high and mentioned contacting TO
Miller . . . and spoke with David Herrick. Met with David, he had a
preliminary sketch. . .said it is the City of Ithaca water and the •
pressure at the end of the line is not good, so if we want to
push it to Jacksonville would require another pumping station.
Rough estimate. . . it ' s 25 ,000 ft . , about 5 miles , $40 . a foot for
pipe. . . looking at about a million, two hundred thousand.
This Grant is available for economic development; Pleasant Grove
• Assoc . is talking about building four 25 , 000 sq. ft . office
buildings . . . the Planning Board is suggesting that this would tie
in with economic development . It would offer good criteria .
Also called HUD. . . there is money available, but interest rate is
predicated on the average income. If average income is $14 ,000 .
or under the interest rate is 6%; if over $20 ,000 . the interest
rate is 6. 8%; over that would refer to a bank. This is FHA not
HUD.
Mr. Reitz asked if Mr. Hogan had talked with any of our Water
•
Committee members to see what their recommendations are? Mr.
Hogan said No.
•
• Mrs . Zabawsky said they haven' t met in quite some time. . . last we
heard that Mr . Hogan would be talking to Jim Hansen. Not done
our formal presentation as yet , think that was the next step
after we decided that the Board had to decide if they wanted to •
spend the money.
Mr . Hogan said that this Grant is an annual thing; there is
another organization that will put the Grant together for us , if •
• we can come up with the sketch and cost estimates . There is an
application date of August 19th for this and if we don' t make it
•.• this year can still apply next year.
• Mr . Reitz asked if any discussion had taken place regarding
coming from the Village of Trumansburg to Jacksonville? Mr.
Hogan said he had talked with David Herrick about this and it is
an option. Only problem is that the Village's water system has
• problems too, they only have one pump and pressure problems .
There are many options. . . the question is we are talking a lot of
dollars and not much density. Unless you get a lot of grant
money you are talking about a very few people picking up a big
cost . Guess we need to decide now if we are going to spend the
$1 ,050 .00 . . . this is for TG Miller for water system sketch from
• Ithaca' s water system up to Jacksonville.
Mr. Reitz said that it seems that if it 's an economic
Grant . . . there are numerous economic potentials between
Trumansburg and Jacksonville. . . again it would benefit the Village
if we can help them with their water system. Think this should
be explored and see if Millers would do this evaluation, and
would charge the same price.
Mrs . Zabawsky said she felt a better, long-term solution would be
to get the water from Bolton Point , or the Ithaca area .
Mr . Reitz said he understands that the cap on this Grant is
• $150 ,000 . To answer your question of whether to spend the
money. . . I would be willing to spend the money if TG Miller would
• also include other options that are under consideration for the
1 . • •.1• .. "r*'.;.:,
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Town of Ulysses 4°14
Regular Town Board Meeting
August 13 , 1991
' r same price. There is money set aside under Master Plan.
• Mr . Hogan stated that he can talk to Jim Hansen again. . .Mr . Reitz
• said we shouldn' t stop. . .Mr . Hogan said, No, it ' s a serious
problem. Asked Mrs . Zabawsky how close they are to an overview
of locations for the water study. Mrs . Zabawsky said about two
• months . . .what is left is computer compilation of information.
Mr . Hogan suggested that perhaps someone at Cornell would help to
compile the information.
Mr. Hogan asked Mrs . Zabawsky to get back to the Board before the
next Regular Town Board Meeting on September 10th. If everyone
concurs , will put this on hold for now. . .need to take a look at
our budget . It is a serious need, and if there is Grant money
available, need to try to get it . General consensus to table
this item until September.
•
Auble Rezoning
•
Mr . Hogan said at the meeting the other night , completed Part 2
of SEQR and set a public hearing date for September 3 , 1991 in
the elementary school auditorium at 7 : 00 pm.
Personnel Policy
Mr . Hogan stated that a date needs to be set to finish the
policy. The Board needs to meet and iron out the language. When
finished will go to Jeanne Vanderbilt and then send it to County
Personnel and Town Attorney for review. A meeting was set for
•
September 14th to review the policy; after Planning Board •
interviews .
Budget Review
• Set the date for August 19th at 7 : 00 pm.
Mr . Reitz asked Mr. Rachun if he had heard anything about Spruce
Row SEQR action. Need to set public hearing. Mr. Rachun said he
hasn' t heard anything yet but can set a tentative date for public
• hearing. Tuesday, September 17th at 7 : 00 pm was set for the
public hearing. Mrs . Georgia will advertise, and advise Mr.
Weber of the date. •
• NEW BUSINESS
1991 Budget Sheets
Mr . Hogan stated that all budget requests should be in by second
week of September . Mrs . Stover said there is a joint
• Village/Town meeting on September 18th at 7 :30 pm. . . to discuss
youth and summer programs .
Mr . Reitz stated that the Village has reaffirmed their position
not to allow their law enforcement agency to leave the Village. •
They have asked us to consider having their policy agency cover
immediately outside the Village activities , ie : Trumansburg
Fair , etc . . Mr. Hogan said we have discussed contacting the new
sheriff and talking about our feelings of coverage for the area .
Will invite him to our September meeting. Mr . Reitz said then we
are going to do nothing for the upcoming activities? Mr. Hogan
said there has never been anything in the past, right? Mr. Reitz
said what has happened in the past is that under a joint
agreement with the Fair Assoc. , the Village provided that
coverage. The rules are now changed. Mr. Hogan said then if the
Fair Assoc. wants coverage then they are going to have to pay for
it or ask the Sheriff ' s Dept . to cover. Mr. Reitz said then we
•
Town of Ulysses 5
Regular Town Board Meeting
August 13 , 1991
should make a point to contact the Fair Assoc. if that is what
the Board is deciding .
Mr . Weatherby asked if that wasn' t our responsibility? Mr . Hogan
said he doesn ' t think so. We pay County taxes so should get
coverage.
Mrs . Stover mentioned that the recycling center will be closed
August 24th during the Fair; open the 31st ; close it Sept . 7th.
Dumpsters will come out before the Fair and hopefully clean up
the area before the dumpsters go back in on the 31st .
Mr . Reitz asked, under New Business , if there was any word from
the State on the RT 96 detour, replacement of the Halseyville
Bridge? Mr . Hogan said he has that under correspondence; they
have notified us of a different detour.
REPORTS
Town Clerk - Mrs . Georgia reported that for the month of July
total fees collected were $2 , 295 . 23 of which $1 ,716. 26 was turned
over to the Supervisor. Monday started conservation license
sales . . .major changes made by State. Little behind in typing and
would like to request someone move for an Executive Session to
discuss a personnel matter.
Mr. Hogan entertained a motion to consider an Executive Session
to follow the Regular Town Board Meeting to discuss a personnel
matter , moved by Mr. Reitz , seconded by Mrs . Duddleston and
unanimously approved.
Highway Superintendent - Mr . Meeker reported that roadsides have
been mowed. Due to some budget cuts , the County no longer wants
us to mow the County roads for the remainder of the year.
Perhaps can put that in the newspaper; notify residents to
contact the County if they have complaints . Also did some gravel
work, ditch work, paved and shouldered Rabbit Run Road, removed
dead trees , etc.
Zoning/Building Inspector - Mr . Rachun reported that fourteen
permits had been issued. Only one start this month. The Board
of Zoning Appeals heard five appeals , all were granted. Deputy
Zoning Officer has been busy. The Fire Inspector has also been
busy , finished up with the Village and starting inspections in
the Town.
Town Board Members - Mr. Reitz announced that the Joint Youth
Committee will meet . . .have received five proposals for 1992 .
Hope to put recommendations together and have for the budget
process .
Mr . Meeker asked how many folks were riding in the parade so he
could provide an appropriate vehicle. . .discussion ensued. . . three
decided they would ride.
Correspondence
Mr. Hogan received the following: Notice from Ithaca Journal
with increased price, report from Justice Ward. . . 25 cases , TC
Chamber of Commerce, NYS/DOT concerning CHIPS, RT 96 bridge
detour , NYS retirement information, TC Planning Board minutes ,
letter from Catherine Stover notifying Town Board that she owns
more than 5% of Stover Lumber (per auditor) , letter from Larry
Reverby, TC Health Dept . , NYS/DMV regarding license
plates/parking permits for disabled, TC Dept . Health regarding
Grassroots Festival and/or mass gathering.
.r'
` A
:.i 1
• Town of Ulysses 6
Regular Town Board Meeting
August 13, 1991
Mr. Hogan entertained a motion to adjourn the meeting and to go
to an Executive Session, moved by Mr. Reitz , seconded by Mrs ,
Duddleston. Unanimously approved, the meeting adjourned at
10:10pm.
Respectfully submitted,
Marsha L . Georgia
Town Clerk
pm
i
1
TRUMANSBURG FIRE COMPANY
SUMMARY OF RESPONSES FOR
JULY 1991
FIRE CALLS FOR JULY 1991
Village Ulysses Covert Hector Mutual Aid
8 16 2 1
Total Fire Calls 26
Manhours in service 184. 25
AMBULANCE CALLS FOR JULY 1991
Village Ulysses Covert Hector Mutual Aid
10 20 4 2 4 (Interlaken)
1 (South Seneca)
Total Ambulance Calls 41
Manhours in service 25O .75
TOTAL CALLS FOR JULY 6 7 •
TOTAL MANHOURS IN SERVICE 4 3 5
TRAINING HOURS FOR JULY 1991
hours
IQTAL CALLS FOR 1991
179
TQTAL MANHOURS IN SERVICE FOR 1991
1470.75
TOTAL TRAINING HOURS FOR 1991
TOWN OF ULYSSES
lee
SPECIAL BOARD MEETING
August 19, 1991
Present : William Hogan, Supervisor; Carolyn Duddleston, Thomas
• Reitz, Catherine Stover, Councilpeople; Marsha Georgia,
Town Clerk, Jeanne Vanderbilt, Bookkeeper.
Purpose: Budget
Mr. Hogan opened the Special Board Meeting of the Town of Ulysses
at 7 :20pm.
Much discussion took place regarding Revenue Sharing.
Discussion took place for Capital Improvements on Town Hall .
Mr. Reitz moved, seconded by Mrs. Stover the following:
Resolved: That the Town of Ulysses withdraw monies from the
Town of Ulysses Capital Improvement General Fund for the
purpose of building repairs and equipment . Said expenditure
to be in the amount of $4,000.00.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs. Stover Aye
Mrs. Duddleston Aye
Approved.
The Board made the following transfers to cover overdrawn
accounts.
General Fund:
$104. to A1330.04 from A1990.04
$3,000 . to A7310 .01 from A7310.04
The above transfers were moved by Mrs. Duddleston, seconded by
Mr . Reitz.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs. Stover Aye
Mrs. Duddleston Aye
Approved.
Highway Fund:
$600. to DA9040.08 from DA2665
$511 . to DB9040 .08 from DB5110 .04
Part-Town Fund:
$251. to 88160 .04 from 88160 .01
The above transfers were moved by Mr. Reitz, seconded by Mrs.
Stover.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs. Stover Aye
Mrs . Duddleston Aye
Approved.
•
• t
Town of Ulysses 2 -
• Special Meeting/Budget • •.
August 19,1991
Hearing no further discussion the meeting was unanimously '
adjourned at 10 :00PM.
Respectfully submitted,
• Marsha L. Georgia
Town Clerk
pm
:a •
S
•
TOWN OF ULYSSES
PLANNING BOARD MEETING
AUGUST 20, 1991
7:00 P.M.
PRESENT : Chairman David Tyler: Planning Board Members -
x;? Budd Stover, Geraldine Keil , Gerald Perkins,
Seville Reulein ; Secretary Rita Brown ; Zoning/Building Insp. •
Alex Rachun. •
OTHERS PRESENT: Carla Pelkie, Carl Mann.
The meeting was called to order at 7:05 p.m. Minutes of the July B, 1991 meeting
were read . Seville Reulein asked if a survey had been done yet on the Taughannock
Handcrafted Log & Timber Construction, Inc. PUD. Alex Rachun indicated that he had
not received one yet , but it was one of the conditions of the Town's approval .
. :: Being no further discussion, Gerald Perkins made a motion to approve the minutes:
seconded by Seville Reulein. Unanimously approved.
. • Carla Pelkie was there to present her request for amendment to Development District
No. 16. She would like to move her business, Sleeping Bear Futons , to this
. ., location. Alex Rachun handed out copies of the amendment to the Zoning Ordinance of
the Town of Ulysses, adopted April B, 1978, to create Development District No. 16.
Since some of the buildings that appeared on the original map have been moved, Dave
Tyler asked Carla Pelkie to draw on the map the locations of the buildings as they
•— exist now. Carla Pelkie indicated that she had not taken title to this property
•
yet. She plans to open by the end of September or the beginning of October. The
question was raised regarding #10 on the Short Environmental Assessment Form as to
what types of permit would be involved and from what agency. She indicated that at •
some point she intends to put in a concrete floor in the pole barn (shed) and this
would require a building permit . This would involve Town Board action. Also, in
questions #11 no agency name and permit/approval type was listed. Add: P.U.D. John
Deere dealership, District #16, approved 3/14/88.
Carla Pelkie indicated that the showroom will be in the front part of the
building . The square footage of the retail space would be approximately 1 ,500 sq.
ft . The total square footage is 3,100 and she plans to use about one half of the
space for showroom. The balance would be work space, Dave Tyler asked about
parking. She indicated that it was approved for 15 cars, but that she hever has
that many cars at one time. Dave Tyler asked Alex if this parking space was
• appropriate. Alex explained that this was the formula that was used for John Deere.
Carla indicated that the pole barn will be used for storage for now, but at some
point she would like to fix it up to possibly use that as production area. The pole
barn is approx . 1 ,200 square feet . Carla indicated that activity would be going on
there during normal working hours, and there was the possibility that she would be
there sewing at night. Store hours would be 11 :00-5:00 Monday through Friday , and
10:00-5:00 on Saturdays. Employees begin work at 9:00 a.m. Right now there are
only two employees besides herself . The building would be used strictly +or her •
business . She also sells fabrics. She explained that the wooden frames of the
furniture comes all made. The only thing she would be doing is assembly of the
material and actually making the futons there on the site.
•
Carla indicated that all the materials that she would be using would be cotton,
polyester or foam. Dave Tyler asked what signage she would be using . She explained
that right now she has a small sign and there is a post already there, so the sign
will not be any bigger than what was there originally.
The permanent sign will be "The Sleeping Bear Futon" sign. She may have another
small sign to advertise fabrics but that would be one that she could put out and
take in . It is not a lighted sign but she may want to have it lit at some point.
There are existing security lights there that she will use. She plans to keep the
grass area mowed. She has no plans for the garage area at this time.
Alex Rachun stated that County Planning had sent a letter to Marsha Georgia stating
that "no recommendation was indicated by the County Planning Department and you are
free to act without prejudice." The Board then reviewed Part II and II1 of the EAF.
The Planning Board recommends that Development District No. 16 be amended with the
following changes:
1 . The proposed use for said district is: Retail store for assorted
interior decorating specialty items and assembly.
3.a. The investory of retail items shall be consistent with retail
intcrior home decorating shop.
• . . , •
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telt
•
3.d. Items for sale may be assembled on the premises and shall consist '
L. of cutting, sewing and assembling of futons, frames, and related •
items.
3.g. Lit sign and security lights are permitted.
Add: 3.k . Retail space shall not exceed 2,000 square feet; the balance of
the space will be work area.
•
3.1 . The pole barn will be limited to storage and future
production.
•
3.m. Hours will be normal retail hours 8:00-5:00 with some
seasonal hours and evening work hours.
With the above amendments, this supercedes and voids the previous Development
District #16. Seville Reulein made the motion to accept the proposal as presented
with the above modifications. Seconded by Gerald Perkins. Being no further
discussion, Dave Tyler called for a vote as follows:
•
Geraldine Keil Aye
Seville Reulein Aye
Gerald Perkins Aye
Budd Stover Aye
David Tyler Aye
With unanimous vote in favor, the Planning Board turns this proposal for amendment •
over to the Town Board for action.
Hearing no further business, the Planning Board meeting was adjourned at 8:00 p.m.
•
•
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•
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TOWN OF ULYSSES
JOINT TOWN BOARD AND PLANNING BOARD MEETING
AUGUST 20, 1991
,.
8:00 P.M. t.
PRESENT: Supervisor William Hogan ; Town Board Members, Thomas Reitz ,
"i Catherine Stover , Carolyn Duddleston, Robert Weatherby; Chairman
of Planning Board David Tyler ; Planning Board Members - •
Budd Stover , Geraldine Keii , Gerald Perkins, Seville Reuleln;
..- Zoning/Building Insp . , Alex Rachun ; Secretary, Rita Brown.
OTHERS PRESENT: Town Attorney, Bruce Wilson ; David Auble, Carl Mann.
' ci
re The meeting was called to order at 8:05 p.m.
David Tyler started the meeting by stating that one of the things that was talked
about the previous week was that some concern was expressed about the Planning Board
making the final decision. Dave had suggested at that meeting of having an initial
appeals process to the Town Board if someone was aggrieved. Bruce Wilson had done '„
"' some research on that and Dave Tyler asked him to inform the Boards of his findings.
Bruce Wilson - Basically what the research has shown that there is no authority for •
the appellate process within the administrative system so that the only appellate
process that would come from a Planning Board, if in fact the Site Plan was
established, would be through the Article 78. 274A of the State Statute which in
Town Law enables the Planning Board to be designated for Site Review. So if a site
review is adopted and delegated to Planning Board, the Planning Board would have '
initial and final administrative function and thereafter a judicial review would
have to be by Article 78 from the Planning Board. There is no way that we can
modify this. By enabling legislation from the Town Board you can do certain things
but you can' t be an appellate review. The Planning Board does not have the
authority to change zoning for instance. You can limit the areas of site review.
Effectively, what you delegate to the Planning Board can be controlled by the Town
Board but once it is delegated there is no review process by the Town Board.
Tom Reitz - Bruce , can we , in the same concepts, break up the delegation of powers?
For instance , the Planning Board approved certain minor projects and the Town Board
• approves major projects. Can you break up the Site Plan Review approval?
Bruce Wilson - Effectively, once you delegate a certain area there is no review
•
procedure by the Town Board, but in answer to your question, what you delegate is
always up to you so were you to delegate the Planning Board certain categories, then •
you delegate them. If you don' t delegate them, you can either not have them covered
in site review procedure, or the Town Board itself could create another enabling
statute by which the Town Board itself has categorical areas for which it could
' . review. You would have to be very particular about how your define those
categories, because then you get into the situation of who do you go to in the first
instance. I can see down the road litigation problems.
~ Tom Reitz stated that site review has been in force in the Town for almost 20 years
now in a slightly different concept. It wasn' t called Site Plan Review. It was
called Planned Unit Development Review.
Bruce Wilson - Because the Town has retained that , you're absolutely right . The
Town has that function there where they are reviewing the nature of the siting of
buildings on a site , i .e. , site review.
• Dave Tyler - That's very different. A development district is zoning. This is not
changing zoning. Its reviewing a plan not doing anything legislative.
' illBruce Wilson - Its reviewing a site . As I mentioned before , Planning Board cannot
change the zoning. If it comes in in some other category all they can do is say,
yes this is an allowed use , this is the set back , all those rules still apply. But
. within that, the theory of Planning Board in site review, is to create an organized
function by which health standards, fire access, all those kinds of things that you
worry about, are satisfied. It is a review process. You are functioning
. differently because the Town Board can take an area that is not a permissive zoned
area and making it a proper function. Planning Board can' t do that under site
review. Zoning stays the same.
Bill Hogan - Basically the reason the Town Board came back to meet with the Planning
Board is to change some of the wording in this document. There are a couple of
1004 `.
•
r.•
•
major things we want to do, but let's Just start going through this page by page and •
talk about wording changes. In the public hearing there appeared to be a lot of •
concern about all of these Items and some figures thrown around that it was going to
• cost a small business $10 ,000 to do these things which really isn' t so. I think
when we get to those items it would be a good idea to go down through them and find
• out just what is involved. I think that there Is lot of fear that is really
unfounded.
Catherine Stover asked could the process be the same way as a PUD where it could be
reviewed by the Planning Board and then final decision by the Town Board. Bruce :1
Wilson indicated that yes it could. You can enact site review whether you've
delegated the Planning Board or whether you retain it as a Town Board you can still
do the same thing. According to the Association of the Town it is not a common
practice, but its possible . Town Board Itself does have the power to enact site
review. •
• Bill Hogan - Did you just say the Town Board could do the whole thing?
Bruce Wilson - True.
•
•
•
• Bill Hogan - Or could the Planning Board do it and give it back to the Town Board?
•
Bruce Wilson - No. If you've given it to the Planning Board, the Planning Board has
it and the Town Board can' t review it. You either delegate it or you keep it , but
•
•
• you can't have both bodies reviewing the same process.
The Boards then started reviewing the Site Plan Review from the beginning. To make
section 310 .2 more clear, we renumbered 3, 4 and 5. Number 3 becomes 05; Number 4
becomes #3; and Number 5 becomes 04. Number 5 should now read: Exterior alterations
or additions to existing structures not otherwise excepted above under this
• paragraph which would: a, b & c . The Board discussed having a separate section in
the back just for definitions, i .e. land use activity, structure , etc. , however, it
was decided that these are already defined in the Town Zoning Ordinance. After
discussion it was decided that the statement on Occupancy classification changes in •
#2 should be moved to the beginning of 310 .2. Change the first sentence of 310.2 -
• Applicability to read: "All land use activities as defined in the Town Zoning
Ordinance within the town requiring a permit of any kind including occupancy
classification changes as per New York State Building Code, 701 .1 shall require site
plan review and approval before being undertaken, except the following."
• John Czamanski had sent a letter to Bill Hogan suggesting a few changes. One of the
changes would be in 04 regarding agricultural produce. Change placement to place.
There was discussion regarding making the Sketch Plan Conference optional . It was
decided that the Planning Board really needs a sketch plan to familiarize the Board
with what they plan to do. It may save the applicant time if they just submit a
sketch to the Zoning Officer at the time they apply for a permit. Change first
sentence to read: A sketch plan conference shall be held between the Zoning Officer
and applicant
In the last paragraph of section 311 , change sentence to read: On the basis of the
results of the sketch plan conference , . . Also, move the last two paragraphs of
section 311 to Section 312 after #21 .
Alex Rachun and Carolyn Duddleston commented that Section 310.6 has scared a lot of
people off already. It was decided to delete this section completely.
•
Tom Reitz commented that 312.a was another one that has raised a few questions from
residents to him regarding the Town Schedule of Fees. It is the responsibility of III the Town Board to set those fees. Bill Hogan stated that the Town Board would have
to review all of the fees. •
Bill Hogan asked Alex Rachun to give a quick run threw of the 21 items on the check
list . He suggested that maybe a little note in back of some of these would make it
a little clearer for people . Alex stated that the assumption here is that a project
• coming in is going to be a commercial venture and something other than a residential
venture and that more than likely is going to require a plan, or some minimal form
•
of engineering to get the project off anyway. It was agreed to add after #3,
(survey may be required) . Add after #4 and #5, ( topography map may be required via
SEOR) .
''•J='i tl;t:• a St' ' • j •. ' "^.. fir: .?. ? ) y. i.. {• ., r i .: :.r•+,,i; < r
„Foe y
•
' Bruce Wilson suggested that we change the sentence in Section 312.b to read:
Information drawn from the following Preliminary Site Plan Proposal checklist to the
extent that it is "needed" ( instead of available) and applicable .
Bill Hogan - A lot of people were concerned that we have a lot of things in here
that were not necessary. As i see it , if you were a small businessman going to a
bank for a construction loan, you would need most of the items on this list anyway.
i don' t see where this is a real hardship for anyone , nor do I see it as a costly
venture .
Tor. Reitz - Is it reasonabie or possible that we would have available in the Town
•
some of these documents as necessary? Re : Town of Ulysses Topo Map? Yes.
Alex Rachun - I looked through all of these on this checklist , and I saw nothing in
there that would cost you more money than what already would be required by other
agencies or the state , ie , building codes, SEAR, etc.
Section 313 - Tom Reitz questioned the word adequacy in h. He felt it was a
judgment call both by the applicant and the Planning Board. It was agreed to change
adequacy to consideration. It also was agreed to drop the word adequacy in g.
On page 5, Section 314, it was felt that the second paragraph regarding private
consultants, raised a lot of fear in people. Because there are so many agencies to
call on for assistance, le, DEC, Tompkins County Planning Consultants, Association
of Towns can call a lawyer for an 800 number , Army Corps, all available experts for
no fee, it was decided to delete this paragraph completely.
Discussion took place regarding the 45 day time period that a public hearing can be
conducted. David Tyler explained that if it was a large project, you might actually
need that length of time . The Planning Board's intent is not to take the 45 days,
but to get it done as soon as possible. It was decided to change this to read "no •
later than 45 days" . Also change Section 315 to read no later than 45 days. •
David Tyler suggested that we change Section 317.1 to read: Prior to taking action
on the final site development plan , the Planning Board must, if applicable, (add) or
unless previously referred, refer the plan to the county planning agency for
advisory review. . . Also change Section 317.2 to read no later than 45 days. . .
Catherine Stover asked exactly what we were looking for in section 316.b regarding
detailed sizing. David Tyler explained that we were looking for the final sizing
and materials, as this could be different than what was shown in the preliminary
material . It was agreed to change b to read: Any changes or additions in sizing
and final material specification of all required improvements. Budd Stover asked,
required by who? Alex explained it could be required by your engineer, the building
• • code , SEAR, Health Department - 'riot arbitrary changes, but any required changes.
Alex Rachun felt that Section 317.2 regarding disapproval of a final proposal needed
more clarification by stating the reasons that a proposal may be disapproved. It
•
was agreed by the Boards to change 317.2 b to read: "Upon disapproval of a final •
proposal , the Planning Board shall so inform the Zoning Officer and the Zoning
Officer shall not issue a Building Permit to the applicant. The Planning Board must
make specific written findings as to the criteria set forth in Section 313 above
before it can disapprove a final proposal . The Planning Board shall also notify the
' applicant in writing of its decision and its reasons for disapproval . A copy of the .
resolution of disapproval shall be immediately filed with the Town Clerk ."
Section 318 - David Tyler suggested adding "and" to a and b of 318. There was
discussion regarding the word noncontroversial in the first paragraph of Section
318. It was decided to change this word to "low-impact" .
The Boards decided to add a Severability statement. This statement will be numbered
323.2. The statement shall read: "Severability. The provisions of this local law
are severable . If any article , section, paragraph or provision of this local law
shall be invalid, such invalidity shall apply only to the article , section,
• paragraph or provision(s) adjudged invalid and the rest of this local law shall
remain valid and effective."
•
It also was decided to include an Enforcement section to protect the Town against
someone not complying with what they have agreed to do. It was agreed to state
Section 323.2 as Enforcement. To read: Enforcement of violations of this local law
sha.li be pursuant to Article II , Section 1 and Article X, Section 1 of the Zoning
Ordinance .
IA
ti
David Tyler asked Bruce Wilson if another public hearing would be necessary since we
have made these changes. It was agreed that we would hold another public hearing
since we made substantial changes.
The meeting was adjourned at 10:32 p.m.
1
1
a a ,1 , 4
• •111
TOWN OF ULYSSES
JOINT TOWN BOARD AND PLANNING BOARD MEETING
AUGUST 20, 1991
8:00 P.M. •
PRESENT: supervisor Hogan; Town Board Members, Thomas Reitz ,
Catherine Stover, Carolyn Duddleston, Robert Weatherby; Chairman • •
of Planning Board David Tyler; Planning •Board Members -
Budd Stover, Geraldine Keil , Gerald Perkins, Seville Reulein;
Zoning/Building Insp, , Alex Rachun; Secretary, Rita Brown.
OTHERS PRESENT: Town Attorney, Bruce Wilson; David Auble, Carl Mann.
The meeting was called to order at 8:05 p.m.
•
David Tyler started the meeting by stating that one of the things that was talked
• about the previous week was that some concern was expressed about the Planning Board
making the final decision. Dave had suggested at that meeting of having an initial
appeals process to the Town Board if someone was aggrieved. Bruce Wilson had done •
:'•
some research on that and Dave Tyler asked him to inform the Boards of his findings.
' e- Bruce Wilson - Basically what the research has shown that there is no authority for
the appellate process within the administrative system so that the only appellate
process that would come from a Planning Board, if in fact the Site Plan was
established, would be through the Article 78. 274A of the State Statute which in
Town Law enables the Planning Board to be designated for Site Review. So if a site
review is adopted and delegated to Planning Board, the Planning Board would have
initial and final administrative function and thereafter a judicial review would
have to be by Article 78 from the Planning Board. There is no way that we can
modify this. By enabling legislation from the Town Board you can do certain things
but you can't be an appellate review. The Planning Board does not have the •
authority to change zoning for instance. You can limit the areas of site review.
Effectively, what you delegate to the Planning Board can be controlled by the Town
• Board but once it is delegated there is no review process by the Town Board.
Tom Reitz - Bruce, can we, in the same concepts, break up the delegation of powers?
For instance, the Planning Board approved certain minor projects and the Town Board
approves major projects. Can you break up the Site Plan Review approval?
Bruce Wilson - Effectively, once you delegate a certain area there is no review
• procedure by the Town Board, but in answer to your question, what you delegate is
always up to you so were you to delegate the Planning Board certain categories, then
you delegate them. If you don't delegate them, you can either not have them covered
in site review procedure, or the Town Board itself could create another enabling
• statute by which the Town Board itself has categorical areas for which it could
review. You would have to be very particular about how your define those
categories, because then you get into the situation of who do you go to in the first
instance. I can see down the road litigation problems.
•
Tom Reitz stated that site review has been in force in the Town for almost 20 years
now in a slightly different concept. It wasn't called Site Flan Review. It was
called Planned Unit Development Review.
•r
1l �,
•
Bruce Wilson - Because the Town has retained that , you're absolutely right . The
Town has that function there where they are reviewing the nature of the siting of
buildings on a site, i .e. , site review.
Dave Tyler - That's very different. A development district is zoning. This is not
• changing zoning. Its reviewing a plan not doing anything legislative.
• Bruce Wilson - Its reviewing a site. As I mentioned before, Planning Board cannot
• change the zoning. If it comes in in some other category all they can do is say,
yes this is an allowed use, this is the set back , all those rules still apply. But
within that, the theory of Planning Board in site review, is to create an organized
function by which health standards, fire access, all those kinds of things that you
worry about , are satisfied. It is a review process. You are functioning
differently because the Town Board can take an area that is not a permissive zoned
• area and making it a proper function. Planning Board can't do that under site
review. Zoning stays the same.
Bill Hogan - Basically the reason the Town Board came back to meet with the Planning
• Board is to change some of the wording in this document. There are a couple of
major things we want to do, but let's just start going through this page by page and
talk about wording changes. In the public hearing there appeared to be a lot of •
concern about all of these items and some figures thrown around that it was going to
cost a small business $10,000 to do these things which really isn't so. I think
when we get to those items it would be a good idea to go down through them and find
out just what is involved. I think that there is lot of fear that is really
unfounded.
• - Catherine Stover asked could the process be the same way as a PUD where it could be
reviewed by the Planning Board and then final decision by the Town Board. Bruce
Wilson indicated that yes it could. You can enact site review whether you've
delegated the Planning Board or whether you retain it as a Town Board you can still
do the same thing. According to the Association of the Town it is not a common
•
practice, but its possible. Town Board itself does have the power to enact site
review.
Bill Hogan - Did you just say the Town Board could do the whole thing?
•
Bruce Wilson - True.
• Bill Hogan - Or could the Planning Board do it and give it back to the Town Board?
Bruce Wilson - No. If you've given it to the Planning Board , the Planning Board has
it and the Town Board can't review it . You either delegate it or you keep it , but
you can't have both bodies reviewing the same process.
The Boards then started reviewing the Site Plan Review from the beginning. To make
section 310.2 more clear, we renumbered 3, 4 and 5. Number 3 becomes #5; Number 4
becomes #3; and Number 5 becomes #4. Number 5 should now read: Exterior alterations
or additions to existing structures not otherwise excepted above under this
paragraph which would: a, b & c. The Board discussed having a separate section in
the back Just for definitions, i .e. land use activity, structure, etc. , however, it
was decided that these are already defined in the Town Zoning Ordinance. After
discussion it was decided that the statement on Occupancy classification changes in
#2 should be moved to the beginning of 310.2. Change the first sentence of 310.2 -
P9 a
Applicability to read: "All land use activities as defined in the Town Zoning
Ordinance within the town requiring a permit of any kind including occupancy
classification changes as per New York State Building Code, 701 .1 shall require site
plan review and approval before being undertaken, except the following."
John Czamanski had sent a letter to Bill Hogan suggesting a few changes. One of the
changes would be in #4 regarding agricultural produce. Change placement to place.
There was discussion regarding making the Sketch Plan Conference optional . It was
decided that the Planning Board really needs a sketch plan to familiarize the Board
with what they plan to do. It may save the applicant time if they just submit a
sketch to .the Zoning Officer at the time they apply for a permit . Change first
sentence to read: A sketch plan conference shall be held between the Zoning Officer
• and applicant
• In the last paragraph of section 311 , change sentence to read: On the basis of the
results of the sketch plan conference. . . Also, move the last two paragraphs of
section 311 to Section 312 after #21 .
Alex Rachun and Carolyn Ouddleston commented that Section 310.6 has scared a lot of
people off already. It was decided to delete this section completely.
Tom Reitz commented that 312.a was another one that has raised a few questions from
residents to him regarding the Town Schedule of Fees. It is the responsibility of
the Town Board to set those fees. Bill Hogan stated that the Town Board would have
to review all of the fees.
Bill Hogan asked Alex Rachun to give a quick run threw of the 21 items on the check
list. He suggested that maybe a little note in back of some of these would make it
a little clearer for people. Alex stated that the assumption here is that a project
coming in is going to be a commercial venture and something other than a residential
venture and that more than likely is going to require a plan, or some minimal form
of engineering to get the project off anyway. It was agreed to add after #3,
(survey may be required) . Add after #4 and #5, (topography map may be required via
SEQR) .
Bruce Wilson suggested that we change the sentence in Section 312.b to read:
Information drawn from the following Preliminary Site Plan Proposal checklist to the
extent that it is "needed" (instead of available) and applicable.
Bill Hogan - A lot of people were concerned that we have a lot of things in here
that were not necessary. As I see it, if you were a small businessman going to a
bank for a construction loan, you would need most of the items on this list anyway.
I don't see where this is a real hardship for anyone, nor do I see it as a costly
venture.
Tom Reitz - Is it reasonable or possible that we would have available in the Town
some of these documents as necessary? Re: Town of Ulysses Topo Map? Yes.
• Alex Rachun - I looked through all of these on this checklist , and I saw nothing in
there that would cost you more money than what already would be required by other
agencies or the state, ie, building codes, SEQR, etc .
! ✓ 3
•
•
Section 313 - Tom Reitz questioned the word adequacy in h . He felt it was a
judgment call both by the applicant and the Planning Board . It was agreed to change
adequacy to consideration. It also was agreed to drop the word adequacy in g.
On page 5, Section 314, it was felt that the second paragraph regarding private
consultants, raised' a lot of fear in people. Because there are so many agencies to
call on for assistance, le, DEC, Tompkins County Planning Consultants, Association
of Towns can call a lawyer for an 800 number, Army Corps, all available experts for
no fee, it was decided to delete this paragraph completely.
Discussion took place regarding the 45 day time period that a public hearing can be
conducted. David Tyler explained that if it was a large project , you might actually
need that 'length of time. The Planning Board's intent is not to take the 45 days,
but to get it done as soon as possible. It was decided to change this to read "no
later than 45 days" . Also change Section 315 to read no later than 45 days.
David Tyler suggested that we change Section 317.1 to read: Prior to taking action
on the final site development plan, the Planning Board must, if applicable, (add) or
unless previously referred, refer the plan to the county planning agency for
advisory review. . . Also change Section 317.2 to read no later than 45 days. . .
Catherine Stover asked exactly what we were looking for in section 316.b regarding
detailed sizing. David Tyler explained that we were looking for the final sizing
• and materials, as this could be different than what was shown in the preliminary
material . It was agreed to change b to read: Any changes or additions in sizing
and final material specification of all required improvements. Budd Stover asked ,
required by who? Alex explained it could be required by your engineer, the building
code, SEAR, Health Department - not arbitrary changes, but any required changes.
Alex Fachun felt that Section 317.2 regarding disapproval of a final proposal needed
more clarification by stating the reasons that a proposal may be disapproved. It
was agreed by the Boards to change 317.2 b to read: "Upon disapproval of a final
proposal , the Planning Board shall so inform the Zoning Officer and the Zoning
Officer shall not issue a Building Permit to the applicant . The Planning Board must
make specific written findings as to the criteria set forth in Section 313 above
before it can disapprove a final proposal . The Planning Board shall also notify the
applicant in writing of its decision and its reasons for disapproval . A copy of the
resolution of disapproval shall be immediately filed with the Town Clerk ."
Section 318 - David Tyler suggested adding "and" to a and b of 318. There was
discussion regarding the word noncontroversial in the first paragraph of Section
318. It was decided to change this word to "low-impact" .
• The Boards decided to add a Severability statement. This statement will be numbered
323.2. The statement shall read: "Severability. The provisions of this local law
are severable. If any article, section, paragraph or provision of this local law
shall be invalid, such invalidity shall apply only to the article, section,
paragraph or provision(s) adjudged invalid and the rest of this local law shall
remain valid and effective."
It also was decided to include an Enforcement section to protect the Town against
someone not complying with what they have agreed to do. It was agreed to state
Section 323.2 as Enforcement. To read : Enforcement of violations of this local law
shall be pursuant to Article II , Section 1 and Article X , Section 1 of the Zoning
Ordinance.
P.5
•
• Sr*
•David Tyler asked Bruce Wilson if another public hearing would be necessary since we
have made these changes. It was agreed that we would hold another public hearing
since we made substantial changes.
The meeting was adjourned at 10:32 p.m.
•
•
P..5. 6
•
•
" V
TOWN OF ULYSSES
PUBLIC HEARING
September 3, 1991
Present : William Hogan, Supervisor; Thomas Reitz , Carolyn
Duddleston, Robert Weatherby, Catherine Stover,
Councilpoople; Alex Rachun, Building/Zoning; Bruce •
Wilson, Town Attorney; Paula Mount , Deputy
Clerk/Recording Secretary .
,.
Others Present : See sign-up sheet attached.
PURPOSE: to hear public comments on the application for Rezoning
of tax parcel U 11-2-7 . 1 (part of) , from residential to
a Business District , owned by William Auble.
Proof of Notice having been furnished, the Public Hearing on the •
Rezoning request by William Auble was called to order at 7 :00
P.M. by William Hogan, Supervisor.
Mr. David Auble, on behalf of the developer, commented as
follows:
September 13 , 1990
Auble filed request for annexation into the Village of
Trumansburg of his 38 acres .
October 29, 1990
Public Hearing on his annexation request .
. December 10 , 1990
Village of Trumansburg rejected annexation of the Auble
land.
January 8, 1991
Town of Ulysses endorsed the project by approving
annexation.
February 12 , 1991
Town of Ulysses filed Article 78 to encourage the
Village to review Auble's project plans .
March 23, 1991
Village agreed to meetings with the Town and with the
Auble development team. These meetings proved to be
unproductive.
April 15, 1991
Town of. Ulysses, in interest of harmony with the
Village, dropped the Article 78 suit .
May 20 , 1991
Auble filed with the Town of Ulysses application to
rezone the 38 acres to "Business District" .
August 6, 1991
Town of Ulysses Planning board and Town Board reviewed
•
- Part I of State Environmental Quality Review
Environmental Assessment Form (SEQR-EAF) . Andy Scott ,
Village Planning Board, endorsed the project .
September 3, 1991
Public Hearing on rezoning by the Town.
Mr. D. Auble continued.
During the past 12 months the following has occurred:
The Auble Group representatives have had over 30 meetings with
, the Village and the Town officials to review project material .
I have met, at their request , with a group called "Greenwatch" to
review project plans .
The Chairman of the Village Planning Board has stated that the
Village needs a new commercial area and that the Auble land is
where new commercial development should take place.
I.; r:' i1 01 r r 1. ' I 4•; ..•
Town of Ulysses 2
Public Hearing .
9/3/91
The Town Zoning Officer has stated that the Auble land should be
zoned for business because:
1. The buildings in the Village can' t economically be
brought up to State Code.
2 . New commercial development should take place adjacent
to the Village rather than scattered throughout the
Town.
Mr. Hogan opened the floor for public comments.
The following persons spoke in favor of the rezoning action:
John Baisley
Stan Koskinen
Rosalie Mayo
Martin Weeks
John O'Leary
Jerry Perkins
Rex Lovejoy
Bill Sterling
Dan Smith
The following persons spoke against the rezoning action:
Ben Curtis
Elizabeth Raymond
Hop Raymond
The following persons made public statements : -
Paula Horrigan
Charles Lounsberry
Jackie Merwin
Larry Reverby
Dick Garner
Barbara Page
Ozzie Heila
Geraldine Keil
All persons desiring to be heard, having been heard, the Hearing
was terminated at 8 : 45 P.M.
Respectfully submitted,
Paula J. Mount
Deputy Clerk
pm
AINIMIIIIMI
TOWN OF ULYSSES r
PUBLIC HEARING
September 10 , 1991 •
Present : William Hogan, Supervisor; Thomas Reitz , Carolyn ,
Duddleston, Catherine Stover , Robert Weatherby, •
Councilpeople; Alex Rachun, Building/Zoning; Marsha
Georgia, Town Clerk.
Others Present : Linda Manheim Perry, Carla Pelkie, Seville
Reulein, Ben Curtis .
Purpose: to hear public comments on the amendment to Planned
Unit Development #16 (prior use John Deere Dealership)
to change the use to Sleeping Bear Futon. Located at
1608 Trumansburg Road Tax Parcel #33-5-3 . 2 . •
Mr. Hogan opened the public hearing at 7 :05 and read the legal ad
as published. He also read the Request for Amendment to
Development District #16 (see folder) .
Mr. Hogan asked for public comment . No public comments were
heard.
Mrs . Stover asked if the 3 . 31 acres should be added to the legal
description. Mr. Reitz said that could be put in the area of the
district . Mr. Reitz asked if this area was being purchased or
leased/rented from the original owner? Ms . Perry said it is a •
. lease purchase. . .have a purchase contract which is contingent
upon the decision tonight. Ms . Pelkie stated that her reason for
leaving Ulysses Square is to have own building, build equity, and
• to build exposure, get closer to Ithaca.
Mr. Hogan asked if the facility is larger than what they are
•
using now and Ms . Pelkie said actually it is slightly smaller;
but do have the other building that they would like to convert to
storage.
• Hearing no further comments, Mr. Hogan entertained a motion to
close the public hearing, moved by Mr. Reitz , seconded by Mrs .
Duddleston. Unanimously approved, the public hearing was closed.
Mr. Hogan said that this issue will be acted upon at the Regular
Town Board Meeting which follows .
Respectfully submitted,
Marsha L. Georgia
Town Clerk .
pm .
. t . • : • •.. „ . • .,• .
t
. .
. ,
. .
TOWN OF ULYSSES
REGULAR TOWN BOARD MEETING
September 10 , 1991
Present : William Hogan, Supervisor; Thomas Reitz , Catherine
Stover , Carolyn Duddleston, Robert Weatherby,
Councilpeople; Alex Rachun, Building/Zoning; James
Meeker , Highway Superintendent ; Marsha Georgia, Town
Clerk.
Others Present : Carl Mann, William Auble, Emery Guest .
Supervisor Hogan called the Regular Board Meeting of the Town of
Ulysses to order at 8 :00 P.M. and led those in attendance in the
Pledge of Allegiance to the Flag of the United States of America .
Mr . Hogan entertained a motion to approve minutes of Public
Hearing/Taughannock Log 8/6/91; Special Board/Taughannock
Log/Auble SEQR 8/6/91 ; Regular Town Board 8/13/91; Budget Meeting
8/19/91; Special Board 7/30/91, moved by Mr. Reitz , seconded by
Mrs . Duddleston.
Mr . Reitz said there is concern about the attendance at the
September 3rd meeting. Some people that spoke at that meeting
are not listed. . .Geri Keil is one. Only suggestion is to approve
all the other meetings and hold the minutes on the September 3rd.
Mrs . Duddleston stated that the July 30th meeting, she was -
present and her name is not listed. Mrs . Georgia will correct .
Mr. Hogan Aye
Mr. Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Aye
Mr. Weatherby Aye
Approved.
Mr . Hogan said that the minutes of the September 3rd Public
Hearing will be held for further discussion.
Report : Trumansburq Fire Department
Absent/no report .
Report : Representative James Mason
Absent/no report;
• Claims
Mr. Hogan entertained a motion to approve Claims #294-298; 300-
324 in the amount of $9,204. 75 , moved by Mr. Reitz , seconded by
Mr. Weatherby.
Mr. Hogan Aye •
Mr. Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Aye
• Mr. Weatherby Aye
Approved.
Supervisor 's Financial Report
Mr. Hogan reported (s,Oched) .
Hearing of Delegations and Individuals
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:t Town of Ulysses trn 2 •
;: Regular Town Board Meeting
September 10 , 1991
Mr . Hogan stated that sometime ago the Village Police Dept .
approached the Town with a proposal to expand coverage to certain
• areas outside the Village. The Town stated that we aro paying
County taxes for coverage from the Sheriff ' s Dept . Felt that
• coverage was a little thin at times , so invited Sheriff Guest to
join us tonight and discuss the situation.
Mr . Hogan introduced Sheriff Emery Guest . Sheriff Guest said •
there are 23 road men split between three shifts . In the course
of a weeks time probably don' t have more than five patrols at any
one time on shift . Budgets are thin now; have requested
additional manpower for road patrols , don' t know what to expect
from the County Board. Have a large County and many days don' t
have anyone for road patrol because they are busy with court
coverage. . . transporting prisoners , etc. Over the course of a
night , depending upon how busy they get , they are in the Town of
Ulysses for a period of time.
Mr . Hogan asked if the Sheriff 's Dept . gets a call with an
emergency in the Town. . . Sheriff Guest said they would dispatch it
_' and if we can' t then will refer to the State Police . Can
dispatch within fifteen minutes . . .but depends upon where the car
is located. . . could take 45 minutes .
Mr. Hogan said some of the Village Police are deputized as
Sheriff 's Deputies? Sheriff Guest indicated they are deputies .
Would like to tell you that there would be someone out in the •
Township all the time, but have to live within the constraints of
the budget .
Mr. Reitz asked what can be done about special events; Fair,
Woodcutter 's Show, Festival , etc . . . .Sheriff Guest said that
anytime there is a special activity. . . took the stand for the Aids
fundraiser and Fair, that is private property and until such a
time as the Fair Board or whoever is operating that particular
situation invites me on the Fairgrounds , I don' t have any
business there. Did maintain extra patrols for the Aids concert .
Mr . Reitz said isn' t it a fact that the Fair Assoc . has no
authority to go onto the highway and direct traffic, etc.?
Sheriff Guest said that is correct; it is our responsibility.
Mr. Reitz said then we just call you when we hear there is going
to be an event; make you aware of it? Sheriff Guest said if he
has notice will make sure to have people detailed. . .plan for it .
Mr . Reitz asked about Village Police covering Town. . . Sheriff
Guest said they can go out 500 ft. . . .what the Village has to be
very careful about is if they have an accident that they have a
request from the Sheriff 's Dept . to cover themselves in case of
liability.
Sheriff Guest said they would be willing to speak to groups of
people who may be interested in neighborhood watch types of
programs , etc. , a number of things individuals can do that can be
helpful in terms of knowing their neighbor, etc . He will send a
list of things people can do, perhaps the FreePress could do an •
article.
SPCA
President of SPCA spoke regarding dog control and animal shelter
responsibilities in the Town of Ulysses for 1992 . Services are
mandated by the State of New York. Explained what services are
available and what has been provided to Town of Ulysses this
current year. Potential for rabies outbreak in Tompkins County
is of major importance to us .
The SPCA is not asking for an increase for 1992 . Services have
decreased significantly in the past six months in the Town; no
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Town of Ulysses y 3
Regular Town Board Meeting
• September 10 , 1991
•
routine patrols . We are thus proposing the contract amount for
1992 of $6 , 369. 96 .
OLD BUSINESS �.
Cayga Nature Center
•
Tim Wachs of Houghton Road read and presented a petition to the
• Board voicing concerns and objections of neighbors of the Cayuga •
Nature Center (attached) . The petition was signed by more than
50 people.
Mr. Hogan asked if a representative from the Cayuga Nature Center
was present . Dick Taylor, Co-Director introduced himself .
Indicated that he wished he had heard these complaints before the
meeting; could have responded to them and saved time. Spoke to
the issues raised by the petition. Want to keep avenues of
•
communications open and work on a friendly basis with the •
neighbors and Town. •
Mr. Hogan asked how large this parcel of land is and was told 40
acres . Do you plan to develop this land? Mr. Taylor said they
are working on that . . .have a committee to make recommendations to
the Cayuga Nature Center's Board. When drafted will be
circulated to all members of the committee and the neighbors. No •
definite plans for the White property at this point .
•
Mr. Hogan suggested that when plans are formulated that the Town •
-• be made aware of them.
Mr. Wachs stated that the neighbors are not opposed to the Nature
Center or their goals; don' t want to see a gravel parking lot and •
this is the sort of thing that prompted the petition.
• I Site Plan Review
Mr . Hogan said that the Board needs to set a date for a public
hearing. Spoke with attorney today regarding legal ad and found
that we have to publish the entire document . Mrs . Georgia
questioned having to publish the document prior to public •
hearing. Usually publish a Notice of Public Hearing and the
Purpose of said hearing and then after action is taken, publish
the document . Mr . Hogan will check this out .
Set Tuesday, October 1, 1991 at 7 :00P.M. in the Town Hall for the
hearing of Site Plan Review.
Auble Rezoning
Mr . Hogan said we have to declare a negative declaration on 23
acres and then set a date for the vote. David Auble said in a
letter from the County they indicated they would like to see more
project information; also made positive recommendations .
Mr . Hogan said he gave a copy of this letter to our attorney.
•
• Our attorney spoke to Jim Hansen and asked if this was a positive
declaration and was told Yes . Mr. Auble said this wasn' t stated
in the letter. Mr . Reitz said they are talking about the 239LM,
not SEQR.
Mr. Auble said they have addressed all these issues . Mr. Reitz
said we can overrule 239LM with a majority of the Board. Mr.
Auble stated this is a little contradictory in the fact that the
County asked us to work on a Park and Ride facility in
conjunction with our project. . .don' t see how they can see this as
a positive impact and at the same time ask us to work with them
on providing a public facility.
+ 1:•
Town of Ulysses • 4
. Regular Town Board Meeting
September 10 , 1991
• Mr . Hogan said that he would like to vote on this issue the same
•
night as Site Plan Review, October 1, 1991 . Hold the public
hearing for Site Plan Review, vote on Site Plan Review and then
vote on the Auble Request for Rezoning.
Mr . Reitz asked if this is being done for expediency of time?
Mr . Hogan said correct . . .what I am seeing is that we are going on
and on and not resolving anything. . . tired of going no place.
Want to get them both resolved.
Mr . Reitz said then you are ready to vote on this tonight? Mr. •
Hogan said there are a couple of things to clarify with County
Planning , cover with our attorney what we need to do. Indicated
that we need to specify what 23 acres in that parcel are
;; involved. Mr. Auble said he has a map. Mr. Hogan said we will
need a legal description. Mr . Rachun said the negative
declaration has to be filed with the State.
Mr . Hogan entertained a motion, moved by Mr. Reitz , seconded by
Mrs . Duddleston as follows : Under the State Environmental
Quality Review Act we declare a negative declaration based on a
judgement of the Town Board that a 38 acre zoning change could
potentially have a large impact on the community, based on our
current zoning and typical commercial build-out; a reduced
• commercial zone changed to 23 acres , however, should mitigate the
large impact as demonstrated by the concept plan presented by the
developer and relaying that concept plan to the requirements of
• our zoning.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Aye
Mr. Weatherby Aye
Adopted.
Was decided that this issue will be voted upon on October 1 ,
1991 . Mr. Reitz said that Mr. Auble will get us a copy of the
legal description.
PUD #16
Mr. Hogan said we had a public hearing prior to this meeting to
hear comment on Sleeping Bear Futons requested amendment to PUD
#16 . Mr. Hogan entertained a motion, moved by Mrs . Duddleston,
seconded by Mrs . Stover as follows :
NOTICE: is hereby given that the following amendment to the
Zoning Ordinance of the Town of Ulysses was duly enacted at a
Regular Town Board Meeting of the Town Board of the Town of
Ulysses held on the 10th day of September 1991 .
WHEREAS: an application for the amendment of a Development
District, pursuant to the Zoning Ordinance of the Town of Ulysses
has been received from Carla Pelkie of Sleeping Bear Futons
relative to the area designated as Ulysses Tax Parcel #33-5-3 . 2 .
WHEREAS: said application has been referred to the Town of
Ulysses Planning Board which approved said application and to the
Tompkins County Planning and Health Departments which found no
objection to the application.
WHEREAS: a public hearing on the amendment to the Zoning
Ordinance of the Town of Ulysses requested by such application
was held, upon more than 15 days published notice, on the 10th
day of September, 1991 .
NOW THEREFORE, BE IT ENACTED: by the Town Board of the Town of
Ulysses , the Zoning Ordinance of the Town of Ulysses , adopted
April 8 , 1978 , is hereby amended to amend Development District
#16 as follows :
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• Town of Ulysses 5
Regular Town Board Meeting
September 10 , 1991
1 . This district shall be known as Development District #16 .
2 . The proposed use for said district is : Retail store for
assorted specialty items and related light manufacturing.
3 . Area of the district : 3 . 13 acres beginning at the point in
the centerline of NYS RT 96 (Trumansburg Road) a distance of 670
feet north-westerly from the intersection of centerline with the
centerline of Krums Corners Road; thence South 28 22 ' West ,
passing through an iron pipe set at 33 feet, a total distance of
231 . 2 feet to an iron pipe; thence North 77 52 ' West a distance
of 99.0 feet to an iron pipe; thence South 06 39' West a distance -
of 137 . 0 feet to an iron pipe; thence North 44 42 ' West a
distance of 460 . 0 feet to an iron pipe set in the centerline of a
ditch; thence northerly along the centerline of said ditch,
passing through an iron pipe set at the intersection of the
centerline of said ditch and the Southerly right-of-way of NYS RT
96 (Trumansburg Road) , a distance of 265 feet , more or less , to a
'I point over a concrete box culvert in the centerline of NYS RT 96
(Trumansburg Road) , said point being a chord bearing North 22 21 '
East a chord distance of 263. 2 feet from the first mentioned pipe
' set in the centerline of the aforesaid ditch; thence South 60 34 '
East along the centerline of said NYS 96 a distance of 512 . 0 feet
to the point or place of beginning. •
4 . Specification of proposed amendment :
a) The inventory of retail items shall be consistent with
retail home decorating shop. •'
b) All items will be stored in a manner not visible from RT
96, in a building.
c) Products shall be consumer items: futons , pillows ,
curtains , articles of bedding, wooden frames , etc.
d) Items for sale may be manufactured on the premises and
shall consist of cutting, sewing and assembling of futons,
frames , and related items. •
" e) No structures, signs or other materials to be kept
within State right-of-way.
f) Signs shall conform to ART. VIII , Sec . 3 , para. 1 of the
Ulysses Zoning Ordinance.
g) Lighted sign and security lights are permitted.
h) Entrances and exits to the property shall remain as
existing.
i) The Silo will be painted within three months and other
buildings as needed.
j) Property shall be maintained in a well groomed and mowed
condition and conform to ART. VI , Sec. 10 of the Ulysses
Zoning Ordinance.
5 . THIS AMENDMENT SHALL BE IN EFFECT UPON ADOPTION AND
PUBLICATION AS PROVIDED BY LAW.
Mr. Hogan Aye
Mr. Reitz Aye
Mrs . Stover Aye
Mrs . Duddleston Aye
Mr. Weatherby Aye
Adopted.
Planning Board Vacancy
Mr. Hogan stated that one letter of interest has been received,
that from Lou Foley. He has contacted the other three interested
parties who applied for the last vacancy. Interviews will be on
Saturday .
Budget Sheets
Mr . Reitz requested statistics on Youth. Mr. Hogan will ask Mrs .
Vanderbilt .
Public Hearing/Auble
1 .i . .s '.1'J: '1 ! . .. .. .. s t . �'�:s"S,• .:i. 'r• . (•.
.s.
S
Town of Ulysses 6
Regular Town Board Meeting •
• September 10 , 1991
Mr . Reitz felt there were more positive statements for the
rezoning than negative . Concerns raised by some individuals for
a PUD. Did notice in the minutes that Geri Keil ' s name was left
off as far as making a statement . The minutes also reflect that
more people spoke in favor .
The format of the minutes was discussed. Mr . Auble asked that
his opening statement be included.
Mr . Hogan felt that it was a good public hearing, heard strong
comments . Mrs . Georgia said that these minutes have not been
accepted, so if revisions are requested, or more information
wanted, it is the pleasure of the Board. Mr. Hogan said most of •
the Board has their own notes they can refer to. Mrs . Georgia
said the tapes can be reviewed, also. Mr. Hogan asked the Board
members to bring their notes on Saturday and they will go over ••
them.
Spruce Row Camgpite
Mr . Reitz said we have a public hearing next week on Spruce Row
Campsite. The amendment given to us does not have the legal
description. When will this be done? Mr. Hogan said can do it
• Saturday morning. Mr . Rachun asked if O'Cello could write this
quickly . Mr . Reitz said we have all that up to where the house •
would be added in. Mr. Hogan said if all we are having is just a
public hearing will have time to get the legal description before
we vote. Mr. Rachun said this is pretty difficult . . .would
hesitate for us to write the description. If you decide to vote
and get this thing wrapped up would be nice to get the legal
description now so that all is in place. Have an Adjourned
Meeting after the public hearing so that if you want to vote you
can . Mr. Reitz will call Mr. O'Cello and see if the job can be
done for under $100 .00 .
•
NEW BUSINESS
None
REPORTS
Town Clerk - Mrs. Georgia reported that for the month of August
$5 , 306 . 62 was collected in fees , of which $1 ,085 . 38 was turned
over to the Supervisor. Swamped with conservation licenses . . . ran
out of supplies for Sportsmen licenses . Caught up on minutes .
Working on house numbering.
Highway Superintendent - Mr . Meeker reported work on the
recycling center; oiling and cutting along roads . Commented that
with tight budgets , why are we duplicating services regarding
recycling? Think need to look at that . Mr. Hogan will talk to
Mr . Mason about this . Mr . Meeker continued - plan to bill the
• County for materials used in fixing up recycling center. Cleaned
ditch on Curry Road. Have resumed mowing roadsides for the
County. . . they came up with money. Chips update. . .heard what we
actually will get, $12 , 989. in quarterly payments . . . can be only
used for highway purpose, except for debt service. $23 ,333 .
• under this new program must be capital related activity with a
life expectancy of at least 10 years (ie: bridge) . Don' t get the
money until it is spent by us . Will not go along with a Spring
Clean-Up. . .price too high.
Zoning/Building Inspector - Mr . Rachun reported one start in
August ; five permits . Many calls . . . some concerning the County
Farm, people are upset about the condition of the property.
Citizens Savings is in the process of reclaiming the property.
The other is the Cayuga Inn. . . been lax enforcing zoning on the
To of Ulysses 7
Regular Town Board Meeting
• September 10 , 1991
Inn , Have received complaints and don' t know what the Board
would like to do about it . Will talk with Bill about this . We
had two ZBA's last month and one coming up. Would like to ask
the Board to consider lake properties in the next year. . .did put
some considerations into the revised Zoning Ordinance; would
certainly help with the number of ZBA hearings . Give the Zoning
Officer a little more discretion.
Board Members - Mr . Reitz announced that Mobil Oil has hired a
company in to build a new recovery system in Jacksonville and
securing the properties . Would ask that the Town Board take the •
position on the RT96 detour. Limit truck traffic over ten tons.
• Mr . Hogan asked Mr. Reitz to put together an alternate plan.
Mr. Reitz also spoke to Mr. Luster regarding our budget and
revenue sharing . Mr. Luster indicated that revenue sharing will
be phased out over the next three years. Will get 50% this year,
50% less the next year and nothing the last year. In our budget •
process, will need to consider this.
Correspondence
Mr . Hogan received correspondence as follows: CAC; Mobil Oil ;
County Planning; DEC re Jacksonville; NYS Office of the Aging;
Assoc. of Towns concerning formation of insurance company; TCAD;
NYS Dept . of State; Solid Waste; Lou Poley; Town of Washington;
School Board Assoc . ; Farmers Home Administration/funding for
„' water.
Mr. Reitz stated that he had a call from ISA Babcock. . if routed •
from Ithaca, would be interested in water. . .having a serious
problem. Mr. Hogan said it would be good to have a letter on
file from them.
Hearing no further business , Mr. Hogan entertained a motion to
adjourn to September 17 , 1991 , moved by Mr. Reitz , seconded by
Mrs. Stover. Unanimously approved.
Respectfully Submitted,
Marsha L . Georgia
Town Clerk
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:7
TOWN OF ULYSSES
PUBLIC HEARING
September 17 , 1991
Present : Carolyn Duddleston, Deputy Supervisor; Catherine
Stover, Thomas Reitz, Robert Weatherby, Councilpeople;
Alex Rachun, Zoning/Building; Paula Mount , Deputy
Clerk .
Others Present : See attached sign-in sheet .
PURPOSE: To hear public comment on the proposed revised Planned
Unit Development #1 Spruce Row, located at 2235 Kraft
Road.
Mrs . Duddleston, Deputy Supervisor, Town of Ulysses opened the
public hearing at 7 : 10PM. Mrs. Mount read the legal ad as
published in the Ithaca Journal on August 23 , 1991.
Mrs . Duddleston stated that there is a new map and gave the •
audience time to look at it . Mrs . Duddleston read the proposed,
revised PUD #1 [see copy attached] .
Several people asked questions regarding development district
designation, potential growth and if this PUD hadn' t already
• grown beyond its original guidelines. Mr. Rachun explained
development district and answer general questions regarding same .
Clayton Smith - Not against the business, but against further •
growth. Also questioned water situation.
Marian Boratynski asked about potential growth. Mr. Reitz
answered that the proposed number of sites are not to exceed
425. . . .if more are requested, would have to come back and request
an amendment to the PUD. If Mr. Weber followed State guidelines
of 2500 sq. ft . per campsite he could put in almost 2000
• campsites ; so it's actually a restriction from 2000 to the 425 .
Hayden Pelliccia - Are you updating something to cover
development that has taken place after the original
specifications of the area? Mr. Rachun said yes, and explained
what the process has been.
Rosalind Crass - Asked about number of campsites being
proposed. . . the Planning Board did not recommend that many, they
didn' t feel the community could support larger. . .where did 425 •
come from? Mr. Reitz commented that the Planning Board did not
have a good map to work with. . . 425 is a compromise from 2000 , the •
Town Board came up with that number. Mrs . Crass said the
• Planning Board recommended far fewer, and Mr. Hogan said at an
earlier meeting that 425 was a figure to fill the blank in •
with. . .not cast in stone. Mr. Reitz said this is a
compromise. . . from what the State says can be there, what the
Planning Board recommended and the number that is being
proposed. . . compromise on all points . You are correct . . .some of
this will be regulated in the future by the County Health Dept .
regarding availability of sewer and water.
Health Department criteria was discussed by -Mr. Weber.
Mrs . Crass - The Planning Board suggested a number, why is that
being ignored? Mrs. Duddleston commented that it isn' t being
ignored, but are looking into the future. This isn' t saying that •
Mr. Weber is going to have 425 sites built within the next year.
He may never do it .
Mrs . Crass - Mr. Weber may sell and the next owner will come in
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Town of -Ulysses 111/ 2
Public Hearing/Spruce Row Campsite
September 17 , 1991
and have 425 sites . Mrs . Duddleston said Yes . ^ _
Keith Vanderzee - Spoke in favor of campgrounds and expansion.
Mrs . Baker - Spoke against further expansion.
Mrs . Duddleston read letter from Tompkins County Planning
Department [see attached] . Have indicated that the proposal
submitted would have no significant impact .
Mr. Rachun stated that the one overriding thing you have to II
remember is the fact that what is allowable there now is far
greater than what is being proposed. This is the understanding
that the Board and County Planning looked at , that the larger
impact would be mitigated by a smaller impact.
George Patte - Just this week spoke to County Planning about this
memo they wrote. Person I spoke to indicated that they had simply
received the proposal from this Planning Board which you reviewed
tonight and did not have any material from the Planning Board.
The person I spoke to, indicated it was her belief , that they did
not know what the Planning Board recommendation was . They had
never heard the figure of 90 , were not aware of any of the input
the Town Planning Board made, which of course was considerable.
Don' t think it was their fault , they simply reviewed what was
sent to them. Think it only consisted of the final product here,
and weren't even made aware of the work the Town Planning Board
had done and I question whether that is appropriate. With
respect to the memo here, what this says , looking at it now, 'the
proposal as submitted will have no significant deleterious impact
on intercommunity, County, or State interests. ' Frankly, not
sure what that means . . .doesn' t address , to me, traffic concerns ,
water concern, environmental concern of a local nature how
about people just in Willow Creek, or the Town of Ulysses . Don' t
think they are addressing anything except does this effect people O
in the next Town or across the County . They are leaving it up to
you to address local issues . With respect to this map, and I did
request that a map be made, but my actual request , if you are
going to go to any number, you picked the number 425 and of
course there is serious opposition to that , but if you are going
to go to any number you are giving the developer carte blanche to
do anything he wants in respect to placement of those future
sites , in respect to roads, in respect to placement of anything
and everything that may occur there, you don' t know what will
occur . You have 181 now, you have an additinnal 200+ allowed,
but where, under what circumstances, except under a very broad
guideline you put in there about 2 , 500 sq. ft . per campsite. You
are not retaining much if any control and that may come back to
haunt you. The neighbors don' t agree with this and would submit
tonight a new petition that speaks to some of the same issues .
[See petition on file] .
Don' t think that in the EAF that Mr. Rachun filed, in all due
respect , even attempted to address the concern of the neighbors .
This petition asserts that the people who signed this constitutes
neighbors within 100' of the property and requests in light of
the Town Law under section 265, that if you are going to vote on
a proposal , that they being the neighbors within 100 ' of the
boundary want to assert their right to call for a super majority.
Mr. Rachun - County Planning has been advised since the beginning
of this project; were notified back in 1989. County Planning has
had a change in staff since this project started. I , too, have
been involved and they have received every document we have
printed from here. Regarding EAF under SEQR, one thing we have
to look at is it is an amendment to a development district . The
question has to be asked if there is going to be greater impact
;1': . 1. .fl. .; -11..,1- P,' :e •.f .. .i .J ,r•( L',-,t 'f:. ..— n f• ' . r (
Town of Ulysses 3
Public Hearing/Spruce Row Campsite
September 17 , 1991
through this amendment than would be if it was left alone. In
r all cases that I had to review on this , I had to make a statement
that it would not have the impact that it has today under the due
process of a development district that we allow today . Talk
about water, traffic, other factors , what exists today, which
would give far greater latitude for impact than what is being
proposed. This may not be in the eyes of the neighbors and they
k', may not be 100% satisfied, and Mr . Weber isn' t 100% satisfied,
but the Board has to work and use what they have. . . this is a
compromise.
Mrs . Baker - If you have already decided on the 425 feet then why
have a hearing? Mrs . Duddleston said this number is
. proposed. . .want to hear comments from the public.
Mr . Beach Stover - Spoke in favor of campsite, asset to
community, economics demands expansion. Would pass this amended
PUD passed in total as presented tonight .
Mr. Weber - Think the Board should challenge Mr. Patte's
petition, or have legal council check it . . . it will not meet the
requirements of a super majority.
Mr . Patte - The standard used in preparation of this EAF
continues to bother me. Alex is saying he took it from the point
of view that since there are no limits on the number that can go
in there [no Town imposed limits. . .there are State imposed
limits] , if that 's the case then yes , you could go through this
and answer No to all those questions. . .not sure that is the right
standard to use. Would like Mr. Rachun to tell me why he used
the standard he did.
Mr . Rachun - Only standard I could use is what we have in our
Town Law. (Mr. Rachun read from Town Law. . .copy on file in Town
Hall ) . There is nothing that limits the number of campsites in
our Zoning Ordinance. This is part of our land use. . .Development
District #1, and as such we have to honor that when we review it
for SEQR, can' t pretend it doesn't exist . Not creating a new
development district . . .we are amending a development district .
Not looking at enlarging the allowable use of the campsite as it
stands today; we are looking at restricting the allowable use of
the campsite as it is today. That is the way it has to be looked
• at for SEQR. . . in my judgment .
Mrs . Duddleston - Can' t we clarify it by saying now we have 181
sites , but there could be 2000 . . . .we are trying to say now there
are 181 but there can be 425 . . .not that there are actually 425
sites there.
Mr. Patte - You are also saying that I didn't measure what
changes in environmental impact is going to be if I go from 181
to 425 , because I don' t have to. . . . I think that is dead wrong.
Mr . Rachun - Would you suggest we wait until we get to 2000 sites
and then set those standards .
Mr. Patte - No, I 'm saying you should have measured it right now
in terms of environmental impact and you didn' t do so and that is
clearly a legal error.
Mr. Rachun stated that was Mr. Patte's opinion.
Ron McLean - Spoke in favor of Spruce Row amendment .
Jan Austic - Doesn' t oppose what is presently there, but is
against increasing the number of campsites .
Town of Ulysses 4
Public Hearing/Spruce Row Campsite
September 17 , 1991
Dave Johnson - Feels the same way. . . 425 are too many. .'
Mrs . Duddleston read the petition presented by Mr . Patte and a
• letter written by Mrs . Baker. Mrs. Mount read a letter from
Johnson/Landis . Both letters expressed concern about expansion
of the campgrounds .
Mrs . Crass - Voiced concern with Item 12 (mobile home) .
Shouldn' t be in the PUD. Seems to me that it would be more
appropriate for Mr. Weber to approach the Board and ask for a
variance for this trailer.
Mr . Rachun - Want to make something very clear to the Board and
that is that I processed SEQR with the full understanding that
Harry Weber has made no requests . This is strictly the Board's
undertaking, revising Development District #1 . If Mr. Weber had
made a request , our SEQR is in violation because we filled out
both Part I and II . . .and would also question the Board's
expenditure of money for the map if Mr. Weber has made a request.
I am under the impression that Mr. Weber has made no request when
I processed this . You have two votes tonight . . .you have to vote
on SEQR and the Development District .
Hearing no further comments, Mrs. Stover moved, seconded by Mr.
Reitz to close the public hearing. Unanimously approved, the
public hearing closed at 8: 30PM.
Respectfully submitted,
Paula Mount
Deputy Clerk
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TOWN OF ULYSSES St•$10
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DJOURNED REGULAR BOARD MEETING
OF 9/10/91 1
September 17 , 1991
Present : Carolyn Duddleston, Deputy Supervisor; Thomas Reitz ,
Catherine Stover, Robert Weatherby, Councilpeople;
Paula Mount, Deputy Clerk; Alex Raohun, Bldg/Zoning.
Purpose: Board action on Spruce Row Public Hearing
Carolyn Duddleston opened the Adjourned Regular Board Meeting at
8: 45PM. •
After discussion, Mrs. Duddleston entertained a motion to accept
a few minor revisions as follows : Concerning hedgerows : indicate
hedgerow #1 and #2. Under Item lla (hedgerow #2) . Concerning
density, last paragraph on page 3 add. . . 'not more than' . . .and a
• few spelling corrections. Moved by Mr. Reitz, seconded by Mr.
Weatherby. Unanimously approved.
Mr . Weatherby moved to table making any decision on Spruce Row
Campgrounds pending review of SEQR by the Town Attorney until the
next Regular Town Board Meeting of October 8 , 1991, seconded by
Mr. Reitz .
Mrs. Duddleston Aye
Mrs. Stover Aye
Mr. Reitz Aye
Mr. Weatherby Aye
Adopted.
Will not have another public hearing. Will get some questions
• answered and vote on this matter on October 8th.
Mrs . Duddleston entertained a motion, moved by Mr. Reitz that the
Receiver of Taxes open up a Super Seven account , seconded by Mrs .
Stover.
Mrs . Duddleston Aye
® Mrs. Stover Aye
Mr. Reitz Aye
Mr. Weatherby Aye
Adopted.
Hearing no further business , Mr. Reitz moved to adjourn, seconded
by Mr. Weatherby. Unanimously approved the meeting adjourned at
9: 30PM.
Respectfully submitted,
Paula J. Mount, Deputy Clerk ':
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TOWN OF ULYSSES/VILLAGE OF TRUMANSBURG "
JOINT MEETING
September 18 , 1991
Present : Tom Bennett ,Village Mayor; Carl Zylich, Peter Meskill ,
John Rogers , Bill Griswold, Village Trustees; Catherine
Stover , Carolyn Duddleston, Thomas Reitz , Town
,.:; Councilpeople; Paula Mount , Deputy Town Clerk.
Others Present : John Furey, Beth Jenkins , Amy Smith, Martha
• Kotun, Kathy Gee, Kevin Shreve, Marion Boratynski , '
Barbara McKeith, Dan Watson, Ben Curtis , Ken Lansing ,
Janice Johnson, Jim Johnson, and others .
Mayor Bennett called the meeting to order at 7 : 30PM, and turned
the meeting over to Kevin Shreve. Kevin distributed several
handouts (see attached) , and gave a brief history of the Joint
'0'
2 Youth Commission. The area of concern for the Joint Youth
Commission is the Village and Town taxes and State and County
funds that are coming through the municipalities for youth
programming.
- Reiterated the Operating Guidelines and indicated frustration
with Item 8 . . .maintain a direct line of communication between the
Joint Commission and the municipal boards. Mr. Meskill asked who
should be maintaining this communication and Mr. Shreve said the
liaison for the Town, Tom Reitz and the Village, John Rogers .
Have a good group of volunteers on the Joint Commission, however
ran out of steam during the summer months . Need to keep lines of
communication open. If an agency wants funds for the year they
should be directed to the Commission, have the Commission review
the request and then come back to the Town/Village.
The fiscal years of the Town and Village were discussed. They
are different and sometimes this causes confusion.
Mr . Furey indicated that the Commission is dealing with five
different entities and they all have their own budget deadlines .
Mr. Furey presented an overhead show and reviewed programs and
services . Agency requests are as follows :
DARE $2 , 500 . ; Summer Rec Program $14, 600. ; Ulysses Library •
... $3 ,000 . - $3 ,800 . ; UYU $6,932 .
Mr. Furey asked if this is what the Town and Village wants . . . that
the Youth Commission present individual requests? Mr. Meskill -
stated that he would like to see the Joint Youth Commission .
" consider all requests and come up with a recommendation as to
where the funds will be spent and bring that to the attention of
the Joint Town and Village Boards . Want to be involved with the '
final decisions so that we are aware and agree with it .
Mr . Furey stated that is fine, but this year the budget was
cut . . .Mr. Meskill and Mr. Griswold explained that the budget was
adjusted across the board, with cuts in many areas . Mr. Furey
' '', said that at the time it seemed that the cut to the Youth
Commission was aimed at one thing. Mr. Griswold said that if I
your request is for example $10 ,000. and we feel we can only
budget $8 , 500 . , then you [Youth Commission] have to decide where
it goes.
I Reimbursement